1.1                          A bill for an act 
  1.2             relating to professions; changing interior designer 
  1.3             certification to licensure; amending Minnesota 
  1.4             Statutes 2002, sections 326.02, subdivisions 1, 3a, 
  1.5             4b, 5; 326.03, subdivisions 1, 4; 326.031; 326.04; 
  1.6             326.05; 326.09; 326.10, subdivisions 1, 2a; 326.105; 
  1.7             326.107, subdivision 1; 326.11, subdivision 1; 
  1.8             326.111; 326.12; 326.13; 326.14; Minnesota Statutes 
  1.9             2003 Supplement, section 326.10, subdivisions 8, 9. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 326.02, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [~~REGISTRATION~~ LICENSURE MANDATORY.] In 
  1.14  order to safeguard life, health, and property, and to promote 
  1.15  the public welfare, any person in either public or private 
  1.16  capacity practicing, or offering to practice, architecture, 
  1.17  professional engineering, land surveying, landscape 
  1.18  architecture, ~~or~~ professional geoscience, or ~~using the title~~ 
  1.19  ~~certified~~ licensed interior ~~designer~~ design in this state, 
  1.20  either as an individual, a copartner, or as agent of another, 
  1.21  shall be licensed ~~or certified~~ as hereinafter provided.  It 
  1.22  shall be unlawful for any person to practice, or to offer to 
  1.23  practice, in this state, architecture, professional engineering, 
  1.24  land surveying, landscape architecture, ~~or~~ professional 
  1.25  geoscience, or ~~to use the title certified~~ licensed interior 
  1.26  ~~designer~~ design, or to solicit or to contract to furnish work 
  1.27  within the terms of sections 326.02 to 326.15, or to use in 
  2.1   connection with the person's name, or to otherwise assume, use 
  2.2   or advertise any title or description tending to convey the 
  2.3   impression that the person is an architect, professional 
  2.4   engineer (hereinafter called engineer), land surveyor, landscape 
  2.5   architect, professional geoscientist (hereinafter called 
  2.6   geoscientist), or ~~certified~~ licensed interior designer, unless 
  2.7   such person is qualified by licensure ~~or certification~~ under 
  2.8   sections 326.02 to 326.15.  This subdivision does not preclude 
  2.9   an individual who retired from one of the professions listed in 
  2.10  this subdivision from using the designation architect, 
  2.11  professional engineer, land surveyor, landscape architect, 
  2.12  professional geoscientist, or ~~certified~~ licensed interior 
  2.13  designer as long as the designation is preceded by the word 
  2.14  "retired" and the individual was licensed or certified in the 
  2.15  designated profession in the state of Minnesota on the date the 
  2.16  individual retired from the designated profession and the 
  2.17  individual's license ~~or certification~~ was not subsequently 
  2.18  revoked by the Board of Architecture, Engineering, Land 
  2.19  Surveying, Landscape Architecture, Geoscience, and Interior 
  2.20  Design. 
  2.21     Sec. 2.  Minnesota Statutes 2002, section 326.02, 
  2.22  subdivision 3a, is amended to read: 
  2.23     Subd. 3a.  [PRACTICE OF PROFESSIONAL GEOSCIENCE.] A person 
  2.24  is considered to be practicing professional geoscience within 
  2.25  the meaning of sections 326.02 to 326.15 who holds out as being 
  2.26  able to perform or who does perform any technical professional 
  2.27  services, the adequate performance of which requires 
  2.28  professional geoscience education, training, and experience in 
  2.29  the application of special knowledge of the mathematical, 
  2.30  physical, chemical, biological, and earth sciences to such 
  2.31  services or creative work as consultation, investigation, 
  2.32  evaluation, planning, mapping, and inspection of geoscientific 
  2.33  work and its responsible supervision. 
  2.34     A person is considered to practice or offer to practice 
  2.35  professional geoscience, within the meaning and intent of 
  2.36  sections 326.02 to 326.15 who practices any of the geoscience 
  3.1   disciplines defined by the board; who by verbal claim, sign, 
  3.2   advertisement, letterhead, card, or in any other way represents 
  3.3   oneself to be a professional geoscientist; through the use of 
  3.4   some other title implies that the person is a professional 
  3.5   geoscientist; or who presents oneself as able to perform or who 
  3.6   does perform any geoscience services or that constitutes the 
  3.7   practice of a professional geoscience discipline as defined by 
  3.8   the board.  
  3.9      "Geoscience" means the science which includes treatment of 
  3.10  the earth and its origin and history; the investigation, 
  3.11  measurement or sampling, of the earth's constituent rocks, 
  3.12  natural and induced fields of force, minerals, fossils, solids, 
  3.13  soils, fluids including surface and underground waters, gases, 
  3.14  and other materials; and the study, interpretation, and analysis 
  3.15  of the natural agents, forces, and processes which cause changes 
  3.16  in the earth. 
  3.17     Nothing in this subdivision shall be construed to prevent a 
  3.18  professional engineer, as defined in sections 326.02 to 326.15, 
  3.19  from acquiring engineering data involving soil, rock, 
  3.20  groundwater, and other earth materials; evaluating physical and 
  3.21  chemical properties of soil, rock, groundwater, and other earth 
  3.22  materials for engineering; and from utilizing these data for 
  3.23  analysis, design, and construction.  Nothing in this subdivision 
  3.24  shall be construed to permit a professional geoscientist to 
  3.25  engage in the practice of professional engineering, 
  3.26  architecture, landscape architecture, ~~or~~ land surveying or ~~to~~ 
  3.27  ~~use the title "certified~~ licensed interior design~~"~~ as those 
  3.28  terms are defined in this section.  Nothing in this subdivision 
  3.29  shall be construed to regulate persons who take soil samples for 
  3.30  the purpose of providing recommendations on crop production. 
  3.31     Sec. 3.  Minnesota Statutes 2002, section 326.02, 
  3.32  subdivision 4b, is amended to read: 
  3.33     Subd. 4b.  [~~CERTIFIED~~ PRACTICE OF LICENSED INTERIOR 
  3.34  ~~DESIGNER~~ DESIGN.] (a) ~~For the purposes~~ A person is practicing 
  3.35  licensed interior design, within the meaning of sections 326.02 
  3.36  to 326.15, ~~"certified interior designer" means a person who is~~ 
  4.1   ~~certified under section 326.10, to use the title certified~~ 
  4.2   ~~interior designer and~~ who ~~provides services~~ holds out as being 
  4.3   able to perform or who does perform any professional service in 
  4.4   connection with the planning, design, or supervision of 
  4.5   construction of any private or public interior spaces, including 
  4.6   preparation of documents relative to non-load-bearing interior 
  4.7   construction, programming, space planning, finish materials, and 
  4.8   furnishings.  For the purposes of this paragraph, "supervision" 
  4.9   is a professional service as distinguished from superintending 
  4.10  of construction and means the performance or the supervision of 
  4.11  performance of reasonable and ordinary on-site observations to 
  4.12  determine that the construction is in substantial compliance 
  4.13  with the approved drawings, plans, and specifications. 
  4.14     (b) Licensed interior designers produce creative and 
  4.15  technical solutions within an interior area of a structure that 
  4.16  protect the occupants' life, health, safety, and welfare, that 
  4.17  are functional, that enhance the quality of life for the 
  4.18  occupants, and that are aesthetically attractive using a 
  4.19  systematic and coordinated method, including research, analysis, 
  4.20  and integration of knowledge.  Designs for the alteration or 
  4.21  construction of an interior area are created in response to and 
  4.22  coordinated with the structure, consider the physical location 
  4.23  and social context of the structure, and adhere to statutory and 
  4.24  regulatory requirements.  Licensed interior designers are 
  4.25  qualified by means of education, experience, and examination. 
  4.26     (c) Nothing contained in sections 326.02 to 326.15 
  4.27  concerning the practice of licensed interior design may be 
  4.28  construed to apply to: 
  4.29     ~~(b) No person may use the title certified interior designer~~ 
  4.30  ~~unless that person has been certified as an interior designer or~~ 
  4.31  ~~has been exempted by the board.  Registered architects may be~~ 
  4.32  ~~certified~~ (1) an architect licensed under the laws of this 
  4.33  state, who practices interior design without additional ~~testing.~~ 
  4.34  ~~Persons represent themselves~~ qualifications, but does not hold 
  4.35  out to the public as ~~certified~~ a licensed interior ~~designers if~~ 
  4.36  ~~they use a title that incorporates the words certified interior~~ 
  5.1   designer~~.~~ unless the architect has fulfilled education, 
  5.2   experience, and examination requirements under Minnesota Rules, 
  5.3   part 1800.2100; 
  5.4      ~~(c) Nothing in this section prohibits the use of the title~~ 
  5.5   ~~interior designer or the term interior design by persons not~~ 
  5.6   ~~certified by the board.~~  
  5.7      ~~(d) Nothing in this section restricts persons not certified~~ 
  5.8   ~~by the board from providing interior design services and from~~ 
  5.9   ~~saying that they provide such services, as long as they do not~~ 
  5.10  ~~use the title certified interior designer.~~ 
  5.11     (2) an employee of a retail establishment providing 
  5.12  consultation regarding interior decoration, furnishings, or 
  5.13  cabinetry on the premises of the retail establishment or in the 
  5.14  furtherance of a retail sale or prospective retail sale, who 
  5.15  does not hold out to the public as a licensed interior designer; 
  5.16  or 
  5.17     (3) a person who provides decorative services or assistance 
  5.18  in selection, sale, lease, or supply of surface materials, 
  5.19  window treatments, wall coverings, paint, floor coverings, 
  5.20  surface-mounted fixtures, and loose furnishings in buildings as 
  5.21  described in section 326.03, who does not hold out to the public 
  5.22  as a licensed interior designer. 
  5.23     (d) No person may use the designation licensed interior 
  5.24  designer or any title or device indicating or representing that 
  5.25  the person is a licensed interior designer or is practicing 
  5.26  licensed interior design unless the person is licensed under the 
  5.27  provisions of sections 326.02 to 326.15. 
  5.28     (e) Nothing in this section authorizes ~~certified~~ licensed 
  5.29  interior designers to engage in the practice of architecture as 
  5.30  defined in subdivision 2 or the practice of engineering as 
  5.31  defined in subdivision 3. 
  5.32     Sec. 4.  Minnesota Statutes 2002, section 326.02, 
  5.33  subdivision 5, is amended to read: 
  5.34     Subd. 5.  [LIMITATION.] The provisions of sections 326.02 
  5.35  to 326.15 shall not apply to the preparation of plans and 
  5.36  specifications for the erection, enlargement, or alteration of 
  6.1   any building or other structure by any person, for that person's 
  6.2   exclusive occupancy or use, unless such occupancy or use 
  6.3   involves the public health or safety or the health or safety of 
  6.4   the employees of said person, or of the buildings listed in 
  6.5   section 326.03, subdivision 2, nor to any detailed or shop plans 
  6.6   required to be furnished by a contractor to a ~~registered~~ 
  6.7   licensed engineer, landscape architect, architect, or ~~certified~~ 
  6.8   licensed interior designer, nor to any standardized manufactured 
  6.9   product, nor to any construction superintendent supervising the 
  6.10  execution of work designed by an architect, landscape architect, 
  6.11  engineer, or ~~certified~~ licensed interior designer licensed ~~or~~ 
  6.12  ~~certified~~ in accordance with section 326.03, nor to the planning 
  6.13  for and supervision of the construction and installation of work 
  6.14  by an electrical contractor or master plumber as defined in and 
  6.15  licensed pursuant to this chapter, where such work is within the 
  6.16  scope of such licensed activity and not within the practice of 
  6.17  professional engineering, ~~or~~ architecture, or ~~where the person~~ 
  6.18  ~~does not claim to be a certified~~ licensed interior ~~designer~~ 
  6.19  design as defined in subdivision 2, 3, or 4b. 
  6.20     Sec. 5.  Minnesota Statutes 2002, section 326.03, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [PLANS; DOCUMENTS.] No person, except an 
  6.23  architect, engineer, land surveyor, landscape architect, 
  6.24  geoscientist, or ~~certified~~ a licensed interior designer, 
  6.25  licensed ~~or certified~~ as provided for in sections 326.02 to 
  6.26  326.15, shall practice architecture, professional engineering, 
  6.27  land surveying, landscape architecture, ~~or~~ professional 
  6.28  geoscience, or ~~use the title certified~~ licensed interior 
  6.29  ~~designer~~ design, respectively, in the preparation of plans, 
  6.30  specifications, reports, plats or other architectural, 
  6.31  engineering, land surveying, landscape architectural, 
  6.32  geoscientific, or interior design documents, or in the 
  6.33  observation of architectural, engineering, land surveying, 
  6.34  landscape architectural, geoscientific, or interior design 
  6.35  projects.  In preparation of such documents, reasonable care 
  6.36  shall be given to compliance with applicable laws, ordinances, 
  7.1   and building codes relating to design. 
  7.2      Sec. 6.  Minnesota Statutes 2002, section 326.03, 
  7.3   subdivision 4, is amended to read: 
  7.4      Subd. 4.  [EXCEPTION FOR PERSONS ELECTED IN OFFICE.] ~~The~~ 
  7.5   ~~provisions hereof shall~~ This section does not apply to any 
  7.6   person holding an elective office when in discharging the duties 
  7.7   ~~thereof such~~ of the office the person is required to do work or 
  7.8   perform service of the character of work or service usually done 
  7.9   or performed by an architect, engineer, land surveyor, landscape 
  7.10  architect, ~~or~~ geoscientist, or licensed interior designer. 
  7.11     Sec. 7.  Minnesota Statutes 2002, section 326.031, is 
  7.12  amended to read: 
  7.13     326.031 [SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND 
  7.14  NAMES.] 
  7.15     Any engineer, architect, ~~certified~~ licensed interior 
  7.16  designer, or other person preparing specifications with respect 
  7.17  to a contract for the construction of any facility for the 
  7.18  state, or any agency or department thereof, or for any county, 
  7.19  city, town, or school district, shall at the time of submitting 
  7.20  such specifications to the governing body of the organization 
  7.21  requesting the specifications, submit to such body, in writing, 
  7.22  a list showing each item in the specifications which has been 
  7.23  specified by brand name, unless such specifications allow for 
  7.24  the consideration of an equal.  
  7.25     Sec. 8.  Minnesota Statutes 2002, section 326.04, is 
  7.26  amended to read: 
  7.27     326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, 
  7.28  LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 
  7.29     To carry out the provisions of sections 326.02 to 326.15 
  7.30  there is hereby created a Board of Architecture, Engineering, 
  7.31  Land Surveying, Landscape Architecture, Geoscience, and Interior 
  7.32  Design consisting of 21 members, who shall be appointed by the 
  7.33  governor.  Three members shall be licensed architects, five 
  7.34  members shall be licensed engineers, two members shall be 
  7.35  licensed landscape architects, two members shall be licensed 
  7.36  land surveyors, two members shall be ~~certified~~ licensed interior 
  8.1   designers, two members shall be licensed geoscientists, and five 
  8.2   members shall be public members.  Not more than one member of 
  8.3   the board shall be from the same branch of the profession of 
  8.4   engineering.  ~~The first professional geoscientist members shall~~ 
  8.5   ~~be appointed as soon as possible and no later than October 1,~~ 
  8.6   ~~1995.  One of these members shall serve for a term to end~~ 
  8.7   ~~January 1, 1997.  The other member shall serve for a term to end~~ 
  8.8   ~~January 1, 1999.  The second licensed landscape architect and~~ 
  8.9   ~~certified interior designer members shall be appointed to~~ 
  8.10  ~~succeed the two public members whose terms end on January 1,~~ 
  8.11  ~~1996.  The second licensed landscape architect and certified~~ 
  8.12  ~~interior designer members shall be appointed by the governor no~~ 
  8.13  ~~later than October 1, 1995, and shall serve a term to end on~~ 
  8.14  ~~January 1, 2000.  During the time from the appointment of these~~ 
  8.15  ~~members until January 1, 1996, the board shall consist of 23~~ 
  8.16  ~~members.~~  Membership terms, compensation of members, removal of 
  8.17  members, the filling of membership vacancies, and fiscal year 
  8.18  and reporting requirements shall be as provided in sections 
  8.19  214.07 to 214.09.  Members shall be limited to two terms.  The 
  8.20  provision of staff, administrative services and office space; 
  8.21  the review and processing of complaints; the setting of board 
  8.22  fees; and other provisions relating to board operations shall be 
  8.23  as provided in chapter 214. 
  8.24     Sec. 9.  Minnesota Statutes 2002, section 326.05, is 
  8.25  amended to read: 
  8.26     326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 
  8.27     Each member of the board shall be a resident of this state 
  8.28  at the time of and throughout the member's appointment.  Each 
  8.29  member except the public members shall have been engaged in the 
  8.30  practice of the relevant profession for at least ten years and 
  8.31  shall have been in responsible charge of professional work 
  8.32  requiring licensure as an architect, engineer, land surveyor, 
  8.33  landscape architect, or geoscientist, or licensure or 
  8.34  certification as an interior designer for at least five years.  
  8.35     Sec. 10.  Minnesota Statutes 2002, section 326.09, is 
  8.36  amended to read: 
  9.1      326.09 [RECORDS OF BOARD.] 
  9.2      The board shall keep a record of its proceedings and a 
  9.3   register of all applicants for licensing, showing for each the 
  9.4   date of application, name, age, educational and other 
  9.5   qualifications, place of business, and the place of residence, 
  9.6   whether or not an examination was required and whether the 
  9.7   applicant was rejected or a license granted, and the date of 
  9.8   such action.  The books and register of the board shall be prima 
  9.9   facie evidence of all matters recorded therein.  A roster 
  9.10  showing the names and places of business or of residence of all 
  9.11  licensed architects, engineers, land surveyors, landscape 
  9.12  architects, geoscientists, and ~~certified~~ interior designers 
  9.13  shall be prepared annually.  Rosters may be printed out of the 
  9.14  funds of the board. 
  9.15     Sec. 11.  Minnesota Statutes 2002, section 326.10, 
  9.16  subdivision 1, is amended to read: 
  9.17     Subdivision 1.  [ISSUANCE.] (a) The board shall on 
  9.18  application therefor on a prescribed form, and upon payment of a 
  9.19  fee prescribed by rule of the board, issue a license ~~or~~ 
  9.20  ~~certificate~~ as an architect, engineer, land surveyor, landscape 
  9.21  architect, geoscientist, or ~~certified~~ licensed interior 
  9.22  designer.  A separate fee shall be paid for each profession 
  9.23  licensed. 
  9.24     (1) To any person over 25 years of age, who is of good 
  9.25  moral character and repute, and who has the experience and 
  9.26  educational qualifications which the board by rule may prescribe.
  9.27     (2) To any person who holds an unexpired certificate of 
  9.28  registration or license issued by proper authority in the 
  9.29  District of Columbia, any state or territory of the United 
  9.30  States, or any foreign country, in which the requirements for 
  9.31  registration or licensure of architects, engineers, land 
  9.32  surveyors, landscape architects, geoscientists, or ~~certified~~ 
  9.33  licensed interior designers, respectively, at the time of 
  9.34  registration or licensure in the other jurisdiction, were equal, 
  9.35  in the opinion of the board, to those fixed by the board and by 
  9.36  the laws of this state, and in which similar privileges are 
 10.1   extended to the holders of certificates of registration or 
 10.2   licensure issued by this state.  The board may require such 
 10.3   person to submit a certificate of technical qualification from 
 10.4   the National Council of Architectural Registration Boards in the 
 10.5   case of an architect, from the National Council of Engineering 
 10.6   Examiners in the case of an engineer, from the National Council 
 10.7   of Landscape Architects Registration Board in the case of a 
 10.8   landscape architect, and from the National Council for Interior 
 10.9   Design Qualifications in the case of a ~~certified~~ licensed 
 10.10  interior designer. 
 10.11     (b) Notwithstanding paragraph (a), for one year from the 
 10.12  effective date of rules adopted by the board with respect to the 
 10.13  discipline of professional geoscience, the board may accept as 
 10.14  evidence that the applicant is qualified for licensing in the 
 10.15  discipline of professional geoscience:  
 10.16     (1) a record of graduation with a baccalaureate degree from 
 10.17  a school or college having accreditation defined by the board 
 10.18  and a geoscience or associated science curriculum approved by 
 10.19  the board; and 
 10.20     (2) at least five years of active professional practice in 
 10.21  the discipline of professional geoscience as approved by the 
 10.22  board. 
 10.23     Sec. 12.  Minnesota Statutes 2002, section 326.10, 
 10.24  subdivision 2a, is amended to read: 
 10.25     Subd. 2a.  [NEEDS OF PHYSICALLY DISABLED, INCLUSION IN 
 10.26  EXAMINATION.] Examinations for architect, civil structural 
 10.27  engineer, landscape architect, and ~~certified~~ licensed interior 
 10.28  designer shall include questions which require the applicant to 
 10.29  demonstrate knowledge of the design needs of people with 
 10.30  physical disabilities and of the relevant statutes and codes.  
 10.31  The questions shall be developed by the board in consultation 
 10.32  with the Department of Administration. 
 10.33     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 10.34  326.10, subdivision 8, is amended to read: 
 10.35     Subd. 8.  [EXPIRATION AND RENEWAL.] All licenses ~~and~~ 
 10.36  ~~certificates, other than in-training certificates,~~ issued by the 
 11.1   board expire at midnight on June 30 of each even-numbered 
 11.2   calendar year if not renewed.  A holder of a license ~~or~~ 
 11.3   ~~certificate~~ issued by the board may renew it by completing and 
 11.4   filing with the board an application for renewal consisting of a 
 11.5   fully completed form provided by the board and the fee specified 
 11.6   in section 326.105.  Both the fee and the application must be 
 11.7   submitted at the same time and by June 30 of each even-numbered 
 11.8   calendar year.  The form must be signed by the applicant, 
 11.9   contain all of the information requested, and clearly show that 
 11.10  the licensee ~~or certificate holder~~ has completed the minimum 
 11.11  number of required professional development hours, has provided 
 11.12  a certification under section 326.107, subdivision 5, to the 
 11.13  board, or has been granted an exemption under section 326.107, 
 11.14  subdivision 4.  An application for renewal that does not comply 
 11.15  with the requirements of this subdivision is an incomplete 
 11.16  application and must not be accepted by the board. 
 11.17     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
 11.18  326.10, subdivision 9, is amended to read: 
 11.19     Subd. 9.  [REINSTATEMENT OF EXPIRED LICENSE ~~OR~~ 
 11.20  ~~CERTIFICATE~~.] A licensee ~~or certificate holder~~ whose license ~~or~~ 
 11.21  ~~certificate~~ has expired may reinstate the expired license ~~or~~ 
 11.22  ~~certificate~~ by satisfying all prior continuing education 
 11.23  requirements, by paying all of the renewal fees due for all 
 11.24  prior renewal periods that the license ~~or certificate~~ was 
 11.25  expired and the current renewal period, and paying a delayed 
 11.26  renewal fee in the amount set by the board.  The continuing 
 11.27  education requirement must be satisfied with professional 
 11.28  development hours completed within the four years immediately 
 11.29  prior to reinstatement and may not include any professional 
 11.30  development hours that had previously been used to renew the 
 11.31  license ~~or certificate~~ being reinstated. 
 11.32     To reinstate an expired license ~~or certificate~~, the 
 11.33  licensee ~~or certificate holder~~ must file with the board an 
 11.34  application for reinstatement consisting of a fully completed 
 11.35  form provided by the board and the fees specified in this 
 11.36  subdivision.  The form must be signed, contain all of the 
 12.1   information requested, and clearly show that the licensee ~~or~~ 
 12.2   ~~certificate holder~~ either has completed the minimum number of 
 12.3   required professional development hours, has provided a 
 12.4   certification under section 326.107, subdivision 5, to the 
 12.5   board, or has been granted an exemption under section 326.107, 
 12.6   subdivision 4.  An application for reinstatement that does not 
 12.7   comply with the requirements of this subdivision is an 
 12.8   incomplete application and must not be accepted by the board. 
 12.9      Sec. 15.  Minnesota Statutes 2002, section 326.105, is 
 12.10  amended to read: 
 12.11     326.105 [FEES.] 
 12.12     The fee for licensure or renewal of licensure as an 
 12.13  architect, professional engineer, land surveyor, landscape 
 12.14  architect, ~~or~~ geoscience professional, or licensed interior 
 12.15  designer is $120 per biennium.  ~~The fee for certification as a~~ 
 12.16  ~~certified interior designer or for renewal of the certificate is~~ 
 12.17  ~~$120 per biennium.  The fee for an architect applying for~~ 
 12.18  ~~original certification as a certified interior designer is $50~~ 
 12.19  ~~per biennium.~~  The initial license ~~or certification~~ fee for all 
 12.20  professions is $120.  The renewal fee shall be paid biennially 
 12.21  on or before June 30 of each even-numbered year.  The renewal 
 12.22  fee, when paid by mail, is not timely paid unless it is 
 12.23  postmarked on or before June 30 of each even-numbered year.  The 
 12.24  application fee is $25 for in-training applicants and $75 for 
 12.25  professional license applicants.  
 12.26     The fee for monitoring licensing examinations for 
 12.27  applicants is $25, payable by the applicant. 
 12.28     Sec. 16.  Minnesota Statutes 2002, section 326.107, 
 12.29  subdivision 1, is amended to read: 
 12.30     Subdivision 1.  [REQUIREMENTS.] (a) Architects, 
 12.31  professional engineers, land surveyors, landscape architects, 
 12.32  geoscientists, and interior designers licensed ~~or certified~~ by 
 12.33  this board must obtain the number of professional development 
 12.34  hours described in paragraphs (b) to (d) during each two-year 
 12.35  period of licensure ~~or certification~~ identified in section 
 12.36  326.105.  This requirement must be satisfied during the two-year 
 13.1   period prior to biennial renewal except for a carryover 
 13.2   permitted from the previous renewal period, which must not 
 13.3   exceed 50 percent of the biennial requirement of professional 
 13.4   development hours. 
 13.5      (b) Licensed professional engineers must earn a minimum of 
 13.6   24 professional development hours per biennial renewal except 
 13.7   for the carryover permitted. 
 13.8      (c) Licensed architects, land surveyors, landscape 
 13.9   architects, geoscientists, and ~~certified~~ interior designers must 
 13.10  earn a minimum of 24 professional development hours per biennial 
 13.11  renewal except for the carryover permitted. 
 13.12     (d) Dual license ~~or certificate~~ holders who have obtained a 
 13.13  license ~~or certificate~~ for two professions must earn 
 13.14  professional development hours required by the license or 
 13.15  certificate requiring the greatest number of professional 
 13.16  development hours and must obtain in each profession a minimum 
 13.17  of one-third of the total professional development hours 
 13.18  required.  The remaining one-third requirement may be obtained 
 13.19  in either profession at the sole discretion of the licensee ~~or~~ 
 13.20  ~~certificate holder~~. 
 13.21     Sec. 17.  Minnesota Statutes 2002, section 326.11, 
 13.22  subdivision 1, is amended to read: 
 13.23     Subdivision 1.  [REVOCATION OR SUSPENSION.] The board shall 
 13.24  have the power to revoke or suspend the license ~~or certificate~~ 
 13.25  of any architect, engineer, land surveyor, landscape architect, 
 13.26  geoscientist, or ~~certified~~ interior designer, who is found 
 13.27  guilty by the board of any fraud or deceit in obtaining a 
 13.28  license or certificate, or of attaching the licensee's or 
 13.29  certificate holder's seal or signature to any plan, 
 13.30  specification, report, plat, or other architectural, 
 13.31  engineering, land surveying, landscape architectural, 
 13.32  geoscientific, or interior design document not prepared by the 
 13.33  person signing or sealing it or under that person's direct 
 13.34  supervision, or of gross negligence, incompetency, or misconduct 
 13.35  in the practice of architecture, engineering, land surveying, 
 13.36  landscape architecture, geoscience, or interior design, or upon 
 14.1   conviction of any violation of sections 326.02 to 326.15 or 
 14.2   amendments thereof, or of any crime involving moral turpitude or 
 14.3   upon adjudication of insanity or incompetency. 
 14.4      Sec. 18.  Minnesota Statutes 2002, section 326.111, is 
 14.5   amended to read: 
 14.6      326.111 [ISSUANCE, DENIAL, REVOCATION, AND SUSPENSION OF 
 14.7   LICENSES ~~AND CERTIFICATES~~; DISCIPLINE.] 
 14.8      Subdivision 1.  [GENERALLY.] (a) If the board, or the 
 14.9   complaint committee if authorized by the board, has a reasonable 
 14.10  basis to believe that a person has engaged in an act or practice 
 14.11  constituting the unauthorized practice of architecture, 
 14.12  engineering, land surveying, landscape architecture, geoscience, 
 14.13  or ~~the unauthorized use of the title certified~~ licensed interior 
 14.14  ~~designer~~ design, or a violation of a statute, rule, or order 
 14.15  that the board has issued or is empowered to enforce, the board, 
 14.16  or the complaint committee if authorized by the board, may 
 14.17  proceed as described in subdivisions 2 and 3. 
 14.18     (b) The board shall establish a complaint committee to 
 14.19  investigate, mediate, or initiate administrative or legal 
 14.20  proceedings on behalf of the board with respect to complaints 
 14.21  filed with or information received by the board alleging or 
 14.22  indicating the unauthorized practice of architecture, 
 14.23  engineering, land surveying, landscape architecture, geoscience, 
 14.24  or ~~the unauthorized use of the title certified~~ licensed interior 
 14.25  ~~designer~~ design, or a violation of statute, rule, or order that 
 14.26  the board has issued or is empowered to enforce.  The complaint 
 14.27  committee shall consist of five members of the board, with no 
 14.28  more than one from each of the professions licensed by the 
 14.29  board, and no more than two public members. 
 14.30     (c) Except as otherwise described in this section, all 
 14.31  hearings shall be conducted in accordance with chapter 14. 
 14.32     Subd. 2.  [LEGAL ACTION.] (a) When necessary to prevent the 
 14.33  unauthorized practice of architecture, engineering, land 
 14.34  surveying, landscape architecture, geoscience, or ~~the~~ 
 14.35  ~~unauthorized use of the title certified~~ licensed interior 
 14.36  ~~designer~~ design, or a violation of a statute, rule, or order 
 15.1   that the board has issued or is empowered to enforce, the board, 
 15.2   or the complaint committee if authorized by the board, may bring 
 15.3   an action in the name of the state in the district court in 
 15.4   Ramsey County or in any county in which jurisdiction is proper 
 15.5   to enjoin the act, practice, or violation and to enforce 
 15.6   compliance with the statute, rule, or order.  Upon a showing 
 15.7   that a person has engaged in an act or practice constituting the 
 15.8   unauthorized practice of architecture, engineering, land 
 15.9   surveying, landscape architecture, geoscience, or ~~the~~ 
 15.10  ~~unauthorized use of the title certified~~ licensed interior 
 15.11  ~~designer~~ design, or a violation of a statute, rule, or order 
 15.12  that the board has issued or is empowered to enforce, a 
 15.13  permanent or temporary injunction, restraining order, or other 
 15.14  appropriate relief shall be granted. 
 15.15     (b) For purposes of injunctive relief under this 
 15.16  subdivision, irreparable harm exists when the board shows that a 
 15.17  person has engaged in an act or practice constituting the 
 15.18  unauthorized practice of architecture, engineering, land 
 15.19  surveying, landscape architecture, geoscience, or ~~the~~ 
 15.20  ~~unauthorized use of the title certified~~ licensed interior 
 15.21  ~~designer~~ design, or a violation of a statute, rule, or order 
 15.22  that the board has issued or is empowered to enforce. 
 15.23     (c) Injunctive relief granted under paragraph (a) does not 
 15.24  relieve an enjoined person from criminal prosecution by a 
 15.25  competent authority or from disciplinary action by the board 
 15.26  with respect to the person's license, ~~certificate,~~ or 
 15.27  application for examination, license, or renewal. 
 15.28     Subd. 3.  [CEASE AND DESIST ORDERS.] (a) The board, or the 
 15.29  complaint committee if authorized by the board, may issue and 
 15.30  have served upon a person an order requiring the person to cease 
 15.31  and desist from the unauthorized practice of architecture, 
 15.32  engineering, land surveying, landscape architecture, geoscience, 
 15.33  or ~~the unauthorized use of the title certified~~ licensed interior 
 15.34  ~~designer~~ design, or violation of the statute, rule, or order.  
 15.35  The order shall be calculated to give reasonable notice of the 
 15.36  rights of the person to request a hearing and shall state the 
 16.1   reasons for the entry of the order. 
 16.2      (b) Service of the order is effective if the order is 
 16.3   served on the person or counsel of record personally or by 
 16.4   certified mail to the most recent address provided to the board 
 16.5   for the person or counsel of record. 
 16.6      (c) Unless otherwise agreed by the board, or the complaint 
 16.7   committee if authorized by the board, and the person requesting 
 16.8   the hearing, the hearing shall be held no later than 30 days 
 16.9   after the request for the hearing is received by the board. 
 16.10     (d) The administrative law judge shall issue a report 
 16.11  within 30 days of the close of the contested case hearing 
 16.12  record, notwithstanding Minnesota Rules, part 1400.8100, subpart 
 16.13  3.  Within 30 days after receiving the report and any exceptions 
 16.14  to it, the board shall issue a further order vacating, 
 16.15  modifying, or making permanent the cease and desist orders as 
 16.16  the facts require. 
 16.17     (e) If no hearing is requested within 30 days of service of 
 16.18  the order, the order becomes final and remains in effect until 
 16.19  it is modified or vacated by the board. 
 16.20     (f) If the person to whom a cease and desist order is 
 16.21  issued fails to appear at the hearing after being duly notified, 
 16.22  the person is in default and the proceeding may be determined 
 16.23  against that person upon consideration of the cease and desist 
 16.24  order, the allegations of which may be considered to be true. 
 16.25     Subd. 4.  [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 
 16.26  The board may, by order, deny, refuse to renew, suspend, 
 16.27  temporarily suspend, or revoke the application, license~~, or~~ 
 16.28  ~~certification~~ of a person; censure or reprimand that person; 
 16.29  condition or limit the person's practice; refuse to permit a 
 16.30  person to sit for examination; or refuse to release the person's 
 16.31  examination grades if the board finds that the order is in the 
 16.32  public interest and the applicant~~,~~ or licensee~~, or certificate~~ 
 16.33  ~~holder~~: 
 16.34     (1) has violated a statute, rule, or order that the board 
 16.35  has issued or is empowered to enforce; 
 16.36     (2) has engaged in conduct or acts that are fraudulent, 
 17.1   deceptive, or dishonest whether or not the conduct or acts 
 17.2   relate to the practice of architecture, engineering, land 
 17.3   surveying, landscape architecture, geoscience, or ~~certified~~ 
 17.4   licensed interior design, providing that the fraudulent, 
 17.5   deceptive, or dishonest conduct or acts reflect adversely on the 
 17.6   person's ability or fitness to engage in the practice of 
 17.7   architecture, engineering, land surveying, landscape 
 17.8   architecture, geoscience, or ~~certified~~ licensed interior design; 
 17.9      (3) has engaged in conduct or acts that are negligent or 
 17.10  otherwise in violation of the standards established by Minnesota 
 17.11  Rules, chapters 1800 and 1805, where the conduct or acts relate 
 17.12  to the practice of architecture, engineering, land surveying, 
 17.13  landscape architecture, geoscience, or ~~use of the title~~ 
 17.14  ~~certified~~ licensed interior ~~designer~~ design; 
 17.15     (4) has been convicted of or has pled guilty or nolo 
 17.16  contendere to a felony, an element of which is dishonesty or 
 17.17  fraud, whether or not the person admits guilt, or has been shown 
 17.18  to have engaged in acts or practices tending to show that the 
 17.19  applicant or licensee is incompetent or has engaged in conduct 
 17.20  reflecting adversely on the person's ability or fitness to 
 17.21  engage in the practice of architecture, engineering, land 
 17.22  surveying, landscape architecture, geoscience, or ~~use of the~~ 
 17.23  ~~title certified~~ licensed interior ~~designer~~ design; 
 17.24     (5) employed fraud or deception in obtaining a ~~certificate,~~ 
 17.25  license, renewal, or reinstatement or in passing all or a 
 17.26  portion of the examination; 
 17.27     (6) has had the person's architecture, engineering, land 
 17.28  surveying, landscape architecture, geoscience, or interior 
 17.29  design license, certificate, right to examine, or other similar 
 17.30  authority revoked, suspended, canceled, limited, or not renewed 
 17.31  for cause in any state, commonwealth, or territory of the United 
 17.32  States, in the District of Columbia, or in any foreign country; 
 17.33     (7) has had the person's right to practice before any 
 17.34  federal, state, or other government agency revoked, suspended, 
 17.35  canceled, limited, or not renewed; 
 17.36     (8) failed to meet any requirement for the issuance or 
 18.1   renewal of the person's license ~~or certificate~~; 
 18.2      (9) has attached the person's seal or signature to a plan, 
 18.3   specification, report, plat, or other architectural, 
 18.4   engineering, land surveying, landscape architectural, 
 18.5   geoscientific, or interior design document not prepared by the 
 18.6   person sealing or signing it or under that person's direct 
 18.7   supervision; or 
 18.8      (10) with respect to temporary suspension orders, has 
 18.9   committed an act, engaged in conduct, or committed practices 
 18.10  that may, or has in the opinion of the board, or the complaint 
 18.11  committee if authorized by the board, resulted in an immediate 
 18.12  threat to the public. 
 18.13     (b) In lieu of or in addition to any remedy provided in 
 18.14  paragraph (a), the board may require, as a condition of 
 18.15  continued licensure, ~~possession of certificate,~~ termination of 
 18.16  suspension, reinstatement of license ~~or certificate~~, 
 18.17  examination, or release of examination grades, that the person:  
 18.18     (1) submit to a quality review of the person's ability, 
 18.19  skills, or quality of work, conducted in such fashion and by 
 18.20  such persons, entity, or entities as the board may require 
 18.21  including, but not limited to, remedial education courses; and 
 18.22     (2) complete to the satisfaction of the board such 
 18.23  continuing professional education courses as the board may 
 18.24  specify by rule. 
 18.25     (c) Service of the order is effective if the order is 
 18.26  served on the licensee, ~~certificate holder,~~ applicant, person, 
 18.27  or counsel of record personally or by certified mail, to the 
 18.28  most recent address provided to the board for the licensee, 
 18.29  ~~certificate holder,~~ applicant, person, or counsel of record.  
 18.30  The order shall state the reasons for the entry of the order.  
 18.31     (d) All hearings required by this section shall be 
 18.32  conducted in accordance with chapter 14, except with respect to 
 18.33  temporary suspension orders, as provided for in subdivision 5, 
 18.34  paragraph (d). 
 18.35     Subd. 5.  [PROCEDURE FOR TEMPORARY SUSPENSION OF LICENSE ~~OR~~ 
 18.36  ~~CERTIFICATE~~.] (a) When the board, or the complaint committee if 
 19.1   authorized by the board, issues a temporary suspension order, 
 19.2   the suspension is in effect upon service of a written order on 
 19.3   the licensee or counsel of record, specifying the statute, rule, 
 19.4   or order violated.  The order remains in effect until the board 
 19.5   issues a final order in the matter after a hearing or upon 
 19.6   agreement between the board and the licensee.  
 19.7      (b) Service of the order is effective if the order is 
 19.8   served on the licensee or counsel of record personally or by 
 19.9   certified mail, to the most recent address provided to the board 
 19.10  for the licensee or counsel of record.  
 19.11     (c) The order shall set forth the rights to a hearing 
 19.12  contained in this subdivision and shall state the reasons for 
 19.13  the entry of the order.  
 19.14     (d) Within ten days after service of the order, the 
 19.15  licensee may request a hearing in writing.  The board shall hold 
 19.16  a hearing before its own members within five working days of 
 19.17  receipt of a request for hearing on the sole issue of whether 
 19.18  there is a reasonable basis to continue, modify, or lift the 
 19.19  temporary suspension.  This hearing is not subject to chapter 
 19.20  14.  Evidence presented by the board or the licensee shall be in 
 19.21  affidavit form only.  The licensee or counsel of record may 
 19.22  appear for oral argument.  
 19.23     (e) Within five working days after the hearing, the board 
 19.24  shall issue its order and, if the suspension is continued, 
 19.25  schedule a contested case hearing within 30 days after issuance 
 19.26  of the order.  The administrative law judge shall issue a report 
 19.27  within 30 days after closing of the contested case hearing 
 19.28  record, notwithstanding the provisions of Minnesota Rules, part 
 19.29  1400.8100, subpart 3.  The board shall issue a final order 
 19.30  within 30 days after receipt of that report and any exceptions 
 19.31  to it.  
 19.32     Subd. 6.  [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 
 19.33  The board may impose a civil penalty not to exceed $10,000 per 
 19.34  violation upon a person who commits an act or practice 
 19.35  constituting the unauthorized practice of architecture, 
 19.36  engineering, land surveying, landscape architecture, geoscience, 
 20.1   or ~~the unauthorized use of the title certified~~ licensed interior 
 20.2   ~~designer~~ design, or violates a statute, rule, or order that the 
 20.3   board has issued or is empowered to enforce.  
 20.4      (b) The board may, in addition, impose a fee to reimburse 
 20.5   the board for all or part of the cost of the proceedings 
 20.6   resulting in disciplinary action authorized by this section, the 
 20.7   imposition of civil penalties, or the issuance of a cease and 
 20.8   desist order.  The fee may be imposed when the board shows that 
 20.9   the position of the person who commits an act or practice 
 20.10  constituting the unauthorized practice of architecture, 
 20.11  engineering, land surveying, landscape architecture, geoscience, 
 20.12  or ~~the unauthorized use of the title certified~~ licensed interior 
 20.13  ~~designer~~ design, or violates a statute, rule, or order that the 
 20.14  board has issued or is empowered to enforce is not substantially 
 20.15  justified, unless special circumstances make an award unjust, 
 20.16  notwithstanding the provisions of Minnesota Rules, part 
 20.17  1400.8401.  The costs include, but are not limited to, the 
 20.18  amount paid by the board for services from the office of 
 20.19  administrative hearings, attorney fees, court reporters, 
 20.20  witnesses, reproduction of records, board members' per diem 
 20.21  compensation, board staff time, and expense incurred by board 
 20.22  members and staff.  
 20.23     Subd. 7.  [REINSTATEMENT.] The board may reinstate a 
 20.24  suspended, revoked, or surrendered ~~certificate or~~ license upon 
 20.25  petition of the former or suspended ~~certificate holder or~~ 
 20.26  licensee.  The board may, in its sole discretion, place any 
 20.27  other conditions, including reexamination in whole or in part, 
 20.28  upon reinstatement of a suspended, revoked, or surrendered 
 20.29  ~~certificate or~~ license that it finds appropriate and necessary 
 20.30  to ensure that the purposes of sections 326.02 to 326.15 are 
 20.31  met.  No suspended ~~certificate or~~ license shall be reinstated 
 20.32  until the former ~~certificate holder or~~ licensee has completed 
 20.33  one-half of the suspension. 
 20.34     Sec. 19.  Minnesota Statutes 2002, section 326.12, is 
 20.35  amended to read: 
 20.36     326.12 [LICENSE ~~OR CERTIFICATE~~ AS EVIDENCE; SEAL.] 
 21.1      Subdivision 1.  [JUDICIAL PROOF.] The issuance of a license 
 21.2   ~~or certificate~~ by the board shall be evidence that the person 
 21.3   named therein is entitled to all the rights and privileges of a 
 21.4   licensed architect, licensed engineer, licensed land surveyor, 
 21.5   licensed landscape architect, licensed geoscientist, 
 21.6   or ~~certified~~ licensed interior designer while the license ~~or~~ 
 21.7   ~~certificate~~ remains unrevoked or has not expired or has not been 
 21.8   suspended. 
 21.9      Subd. 2.  [SEAL.] Each licensee ~~or certificate holder~~ may, 
 21.10  upon registration, obtain a seal of a design approved by the 
 21.11  board, bearing the licensee's ~~or certificate holder's~~ name and 
 21.12  the legend "licensed architect," "licensed professional 
 21.13  engineer," "licensed land surveyor," "licensed landscape 
 21.14  architect," the appropriate licensed professional geoscientist 
 21.15  legend as defined by the board, or "~~certified~~ licensed interior 
 21.16  designer."  Plans, specifications, plats, reports, and other 
 21.17  documents prepared by a licensee ~~or certificate holder~~ may be 
 21.18  stamped with the seal during the life of the license ~~or~~ 
 21.19  ~~certificate~~.  A rubber stamp facsimile thereof may be used in 
 21.20  lieu of the seal on tracings from which prints are to be made or 
 21.21  on papers which would be damaged by the regular seal.  It shall 
 21.22  be unlawful for any one to stamp or seal any document with the 
 21.23  stamp or seal after the license of the registrant named thereon 
 21.24  has expired, been revoked or suspended, unless said license ~~or~~ 
 21.25  ~~certificate~~ shall have been renewed or reissued. 
 21.26     Subd. 3.  [CERTIFIED SIGNATURE.] Each plan, drawing, 
 21.27  specification, plat, report, or other document which under 
 21.28  sections 326.02 to 326.15 is prepared by a licensed architect, 
 21.29  licensed engineer, licensed land surveyor, licensed landscape 
 21.30  architect, licensed geoscientist, or ~~certified~~ licensed interior 
 21.31  designer must bear the signature of the licensed ~~or certified~~ 
 21.32  person preparing it, or the signature of the licensed ~~or~~ 
 21.33  ~~certified~~ person under whose direct supervision it was 
 21.34  prepared.  Each signature shall be accompanied by a 
 21.35  certification that the signer is licensed ~~or certified~~ under 
 21.36  sections 326.02 to 326.15, by the person's license ~~or~~ 
 22.1   ~~certificate~~ number, and by the date on which the signature was 
 22.2   affixed.  The provisions of this paragraph shall not apply to 
 22.3   any plans, drawings, specifications, plats, reports, or other 
 22.4   documents of an intraoffice or intracompany nature or that are 
 22.5   considered to be drafts or of a preliminary, schematic, or 
 22.6   design development nature by licensed ~~or certified~~ individuals 
 22.7   who would normally be responsible for their preparation.  The 
 22.8   required signature and certification must appear on all pages of 
 22.9   plans and drawings that must be signed, but only on the first 
 22.10  page of specifications, plats, reports, or other documents that 
 22.11  must be signed.  A stamp, printed signature, or electronically 
 22.12  created signature has the same force and effect as an actual 
 22.13  signature if it creates an accurate depiction of the licensed ~~or~~ 
 22.14  ~~certified~~ professional's actual signature.  
 22.15     Sec. 20.  Minnesota Statutes 2002, section 326.13, is 
 22.16  amended to read: 
 22.17     326.13 [PRACTICE EXEMPT.] 
 22.18     Practice of architecture, engineering, landscape 
 22.19  architecture, land surveying, ~~or~~ geoscience, or ~~use of the title~~ 
 22.20  ~~certified~~ licensed interior ~~designer~~ design in this state prior 
 22.21  to licensure ~~or certification~~ by the board shall be permitted 
 22.22  under the following conditions and limitations: 
 22.23     (1) By any person or firm not a resident of and having no 
 22.24  established place of business in this state, or any person or 
 22.25  firm resident in this state, but whose arrival in the state is 
 22.26  recent; provided, however, such person or a person connected 
 22.27  with such firm: 
 22.28     (i) is registered or licensed and qualified to practice 
 22.29  such profession in a state or country to which the board grants 
 22.30  registration or licensure by comity in accordance with the 
 22.31  provisions of section 326.10, subdivision 1, clause (2); and 
 22.32     (ii) shall have filed an application for licensure as an 
 22.33  architect, an engineer, a geoscientist, or ~~a certified~~ an 
 22.34  interior designer shall have paid the fee provided for in 
 22.35  section 326.10, and shall have been notified by the board that 
 22.36  the applicant meets the requirements for licensure ~~or~~ 
 23.1   ~~certification~~ in this state and is entitled to receive a license 
 23.2   ~~or certificate~~, and has applied for and been granted a temporary 
 23.3   permit to practice.  Temporary permits shall be granted to do a 
 23.4   specific job for the period stipulated on the permit. 
 23.5      (2) By a nonresident applicant who seeks to provide 
 23.6   architecture, engineering, land surveying, landscape 
 23.7   architecture, geoscience, or ~~certified~~ licensed interior design 
 23.8   services in this state if the applicant offers to practice only 
 23.9   for the purpose of seeking to provide services, without having 
 23.10  first been registered ~~or certified~~ by the state, if the 
 23.11  applicant: 
 23.12     (i) is registered and qualified to practice such profession 
 23.13  in a state or country to which the board grants registration or 
 23.14  licensure by comity in accordance with section 326.10, 
 23.15  subdivision 1, clause (2); 
 23.16     (ii) notified the board in writing that the applicant is 
 23.17  not currently registered in this state, but will be present in 
 23.18  this state for the purpose of seeking to provide services; 
 23.19     (iii) delivers a copy of the notice referred to in clause 
 23.20  (ii) to every potential client for whom the applicant is seeking 
 23.21  to provide services; and 
 23.22     (iv) applies within ten days to the board for licensure ~~or~~ 
 23.23  ~~certification~~ if selected as the design professional for a 
 23.24  project in this state; the applicant is prohibited from actually 
 23.25  rendering services as defined within the terms of sections 
 23.26  326.02 to 326.15 until the applicant is licensed ~~or certified~~, 
 23.27  or obtains a temporary permit as described in clause (1). 
 23.28     (3) Practice as an architect, an engineer, a land surveyor, 
 23.29  a landscape architect, ~~or~~ a geoscientist, or ~~use of the title~~ 
 23.30  ~~certified~~ a licensed interior designer solely as an officer or 
 23.31  employee of the United States. 
 23.32     (4) Practice as a geoscientist by a person who would be 
 23.33  qualified under sections 326.02 to 326.15 by virtue of 
 23.34  experience and education while (i) engaged in exploration, 
 23.35  development, extraction, and reclamation of minerals and mineral 
 23.36  deposits or energy resources including sand, gravel, peat, 
 24.1   industrial minerals, metallic minerals, iron ore, coal, oil, and 
 24.2   gas and other mineral fuels; (ii) an employee of a corporation 
 24.3   or agency engaged in such exploration, development, extraction, 
 24.4   and reclamation of minerals and mineral deposits; (iii) acting 
 24.5   in accordance with the provisions of section 82B.035, 
 24.6   subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 
 24.7   2; or (iv) engaged in academic geoscience research. 
 24.8      Sec. 21.  Minnesota Statutes 2002, section 326.14, is 
 24.9   amended to read: 
 24.10     326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.] 
 24.11     A corporation, partnership or other firm may engage in work 
 24.12  of an architectural or engineering character, in land surveying, 
 24.13  in landscape architecture, ~~or~~ in geoscience, or ~~use the title of~~ 
 24.14  ~~certified~~ in licensed interior ~~designer~~ design in this state, 
 24.15  provided the person or persons connected with such corporation, 
 24.16  partnership or other firm in responsible charge of such work is 
 24.17  or are licensed ~~or certified~~ as herein required for the practice 
 24.18  of architecture, engineering, land surveying, landscape 
 24.19  architecture, ~~and~~ geoscience, and ~~use of the title of certified~~ 
 24.20  interior ~~designer~~ design. 
 24.21     Sec. 22.  [TRANSITION.] 
 24.22     Certified interior designer board members who are serving 
 24.23  on July 1, 2004, shall finish their terms as scheduled.  These 
 24.24  members become licensed interior designers on July 1, 2004.  
 24.25     From July 1, 2004, through June 30, 2005, certified 
 24.26  interior designers who properly apply for renewal or 
 24.27  reinstatement must be licensed as interior designers.  After 
 24.28  June 30, 2005, the board shall not offer licenses to former 
 24.29  certified interior designers. 
 24.30     Sec. 23.  [RULES.] 
 24.31     The Board of Architecture, Engineering, Land Surveying, 
 24.32  Landscape Architecture, Geoscience, and Interior Design shall 
 24.33  amend its rules under Minnesota Statutes, section 14.388, clause 
 24.34  (3), to implement this act. 
 24.35     Sec. 24.  [EFFECTIVE DATE.] 
 24.36     This act is effective July 1, 2004.