2016 -- S 2866 SUBSTITUTE A

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LC005153/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ENGINEERS

     Introduced By: Senator Hanna M. Gallo

     Date Introduced: March 31, 2016

     Referred To: Senate Commerce

     (Business Regulation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-8-12 and 5-8-15 of the General Laws in Chapter 5-8 entitled

"Engineers" are hereby amended to read as follows:

     5-8-12. Form of application for registration or certification -- Registration,

certification, and enrollment fees. -- (a) Application for registration as a professional engineer

or land surveyor or certification as an engineer-in-training shall:

      (1) Be on a form prescribed and furnished by the board;

      (2) Contain statements made under oath, showing the applicant's education and a

detailed summary of his or her technical experience, and Establish compliance with the licensing

requirements pursuant to §5-8-11; and

      (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the

board.

      (b) The application and reexamination fees for professional engineers shall be set by the

board in an amount to cover the charges and expenses of examination and scoring, and shall

accompany the application.

      (c) The fee for engineer-in-training certification or enrollment shall be set by the board

in an amount to cover the charges and expenses of examination and scoring, and shall accompany

the application.

      (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall

be retained as an application fee.

     5-8-15. Expiration and renewal of certificates of registration. -- (a) Certificates of

registration shall expire on the last day of the month of June following their issuance and become

invalid after that date unless renewed. It is the duty of the board to notify every person registered

under this chapter of the date of the expiration of his or her certificate, and the amount of the fee

required for its renewal. The notice shall be mailed delivered, electronically or otherwise to the

registrant at his or her last known address at least one month in advance of the date of the

expiration of the certificate.

      (b) Renewal may be effected at any time prior to or during the month of June by the

payment of a fee set by the board in an amount not less than one hundred fifty dollars ($150), but

not to exceed one hundred eighty dollars ($180). Renewal of an expired certificate may be

effected within a period of three (3) years, provided evidence is submitted to the board attesting

to the continued competence and good character of the applicant. In the event renewal is not

made before the end of the third year, the board may require any reexamination that it deems

appropriate. The amount to be paid for that renewal is the annual fee set by the board in an

amount not to exceed one hundred eighty dollars ($180) times the number of years the applicant

has been delinquent, plus a penalty of sixty dollars ($60.00) per delinquent year.

     SECTION 2. Sections 5-8.1-7, 5-8.1-10 and 5-8.1-13 of the General Laws in Chapter 5-

8.1 entitled "Land Surveyors" are hereby amended to read as follows:

     5-8.1-7. Board of registration for professional land surveyors -- Organization. -- (a)

The board of land surveyors shall hold at least ten (10) three (3) regular meetings each year. A

meeting of the board shall be held once each year, at which time the board shall elect from its

membership a chairperson, vice-chairperson and a secretary, who shall serve one year or until

their successors are elected and qualified. Special meetings of the board may be called by the

chairperson or other members of the board in accordance with the rules and regulations of the

board.

      (b) Three (3) members of the board shall constitute a quorum for the transaction of all

business, but no action shall be taken at any meeting without three (3) members in accord.

      (c) The board shall adopt a seal for its official actions.

     5-8.1-10. Board of registration for professional land surveyors -- Issuance and

renewal of certificates. -- (a) Surveyors previously registered. - Each land surveyor holding a

certificate of registration under the laws of this state as previously in effect shall be deemed

registered as a professional land surveyor under this chapter.

      (b) Surveyors-in-training previously registered. - Each surveyor-in-training previously

enrolled under the laws of this state as previously in effect shall be deemed enrolled under this

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chapter.

      (c) Certificates of registration. - With the assistance of the department, the board of land

surveyors shall issue a certificate of registration upon payment of the registration fee as provided

for in this chapter to any applicant, who, in the judgment of the board, has met the requirements

of this chapter. Enrollment cards are issued to those who qualify as surveyors-in-training. The

certificate of registration shall:

      (1) Carry the designation "professional land surveyor";

      (2) Show the full name of the registrant, without any titles;

      (3) Have a serial number; and

      (4) Be signed by both the chairperson and secretary of the board of land surveyors.

      (d) Effect of certification. - The issuance of a certificate of registration by the board of

land surveyors is prima facie evidence that the person named in the certificate is entitled to all

rights and privileges of a professional land surveyor while the certificate of registration remains

unrevoked or unexpired.

      (e) Expiration and renewals. - Certificates of registration that expire are invalid,

rendering practice authorized on the basis of that certificate illegal. It is the duty of the board of

land surveyors to notify every person registered under this chapter of the date of the expiration of

his or her certificate and the amount of the fee required for its renewal. That notice shall be

mailed delivered, electronically or otherwise to the registrant at his or her last known address at

least one month in advance of the date of the expiration of that certificate and it is the

responsibility of each person registered under this chapter to renew his or her certificate of

registration prior to its expiration. Renewal may be effected at any time prior to or during the

month of June of each odd-numbered year (meaning biennially) commencing in year 2003

(provided, that any said renewal shall be post-marked no later than June 30th in that year in order

to be valid), or at any other time that the law provides for, by the payment of the fee required by

this chapter. Renewal of an expired certificate may be effected, with the director's approval,

within a period of four (4) years, provided, that evidence is submitted to the board of land

surveyors attesting to the continued competence and good character of the applicant. The amount

to be paid for the renewal of a certificate after the date of expiration shall be double the regular

fee. In the event renewal is not made before the end of the second year, the board of land

surveyors may require any re-examination that it deems appropriate and the amount to be paid for

the renewal shall be as stated in this section.

      (f) Lapsed certificates. - Any registrant who allows his or her certificate of registration to

lapse for more than four (4) years shall reapply for registration in accordance with the

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requirements stated in § 5-8.1-9.

      (g) Any party aggrieved by the board's decision regarding license issuance or renewal

may, within ten (10) days of the decision, appeal the matter to the director by submitting a written

request for a formal hearing to be conducted in accordance with the provisions of § 5-8.1-15.

     5-8.1-13. Board of registration for professional land surveyors -- Permitted

practices. -- (a) Exemption clause. - This chapter shall not be construed to prevent or to affect:

      (1) Employees and subordinates. - The work of an employee or subordinate of a person

holding a certificate of registration under this chapter; provided, that the work does not include

final land surveying work or decisions and is done under the direct supervision of, or checked by,

a person holding a certificate of registration issued under this chapter.

      (2) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of land surveying for the

government on property owned by the federal government; provided, that no right to practice land

surveying accrues to those persons as to any other land surveying work. The right to registration

after government employment shall not be granted except under the provisions prescribed under §

5-8.1-11.

      (3) Other professions. - The practice of engineering, architecture, or landscape

architecture.

      (b) Sole proprietorship, partnership, limited liability partnership, corporate and limited

liability company practice.

      (1) The practice or offer to practice land surveying as defined by this chapter by sole

proprietorship, partnership, limited liability partnership, corporation or limited liability company,

subsequently referred to as the "firm", through individuals is permitted; provided, that the

individuals are in direct control of that practice; exercise personal supervision of all personnel

who act in behalf of the firm in professional and technical matters; and are registered under the

provisions of this chapter; and provided, that the firm has been issued a certificate of

authorization by the board of land surveyors.

      (2) Within one year after the enactment of this chapter [July 12, 1990] every firm must

obtain a certificate of authorization from the board and those individuals in direct control of the

practice and who exercise direct supervision of all personnel who act in behalf of the firm in

professional and technical matters must be registered with the board. The certificate of

authorization shall be issued by the board upon satisfaction of the provisions of this chapter and

the payment of an annual fee not to exceed sixty dollars ($60).

      (3) It is the intent of the board of registration to establish that the professional land

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surveyor is responsible for land surveying services.

      (4) Every firm desiring a certificate of authorization must file with the board an

application for the certificate on a form provided by the board. A separate form provided by the

board shall be filed with each renewal of the certificate of authorization and within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason. If, in its judgment, the information contained on the

application and renewal form is satisfactory and complete, the board shall issue a certificate of

authorization for the firm to practice land surveying in this state.

      (5) No firm that has been granted a certificate of authorization by the board of land

surveyors is relieved of responsibility for the conduct or acts of its agents, employees, partners (if

a partnership or a limited liability partnership), officers or directors (if a corporation), or members

or managers (if a limited liability company) because of its compliance with the provisions of this

section. No individual practicing land surveying under the provisions of this chapter is relieved of

responsibility for land surveying services performed by reason of his or her employment or other

relationship with a firm holding a certificate of authorization as subsequently described. In the

event of unexpected death, retirement, dismissal or any other occasion where an entity has one

person who is a registered land surveyor, and that person no longer can continue in the operation

of the entity, then the board of registration may waive certain requirements for a certificate of

authorization, for a period of not longer than forty-five (45) days, provided that the entity retains

a person who is a registered professional land surveyor to review and pursue the duties of

surveying that are required under this chapter.

      (6) A land surveyor may not, for the purposes of this section, be designated as being in

responsible charge on more than two (2) certificates of authorization.

      (7) Certificates of authorization shall be treated for all purposes hereunder, including, but

not limited to, renewal, expiration and lapsing, as previously provided for certificates of

registration in section 5-8.1-10; provided, however, that renewal may be effected at any time

prior to or during the month of June of each even-numbered year (meaning biennially)

commencing in year 2004.

      (8) Limited liability partnerships, corporations and limited liability companies shall

submit a copy of their articles of incorporation, articles of organization or certificate of

registration in order to obtain a certificate of authorization from the board of land surveyors.

      (9) Corporations other than those organized under chapter 5.1 of title 7, partnerships and

sole proprietorships practicing in this state prior to July 12, 1990, shall fully comply with the

provisions of this section within one year of that date.

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      (10) Effective one year from July 1, 1990, the secretary of state shall not issue a

certificate of incorporation or certificate of organization or certificate of registration to any

applicant, or a registration as a foreign corporation, limited liability partnership or limited liability

company, to any firm, which includes among the objectives for which it is being established any

of the words "surveyor", "surveying" or any modification or derivation of those words, unless the

board of land surveyors has issued for the applicant a certificate of authorization or a letter

indicating the eligibility of the applicant to receive the certificate. The firm applying shall supply

the certificate or letter from the board with its application for incorporation or registration as a

foreign corporation, limited liability partnership or limited liability company.

      (c) Land surveyor previously registered. - Each land surveyor holding a certificate of

registration and each land surveyor-in-training under the laws of this state as previously in effect

shall be deemed registered as a land surveyor or land surveyor-in-training as appropriate under

this chapter.

      (d) This section does not exempt the political subdivisions of the state, such as county,

city, or town, or legally constituted boards, districts, or commissions, from obtaining a certificate

of authorization from the board of registration when applicable.

     SECTION 3. Chapter 5-84 of the General Laws entitled "Division of Design

Professionals" is hereby amended by adding thereto the following section:

     5-84-7. Electronic applications for certificates of authorization. -- All applications to

the division of design professionals for certificates of authorization shall be submitted

electronically through the department's electronic licensing system, unless special permission to

apply in paper format is requested by the applicant and granted by the director.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ENGINEERS

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     This act would amend the provisions of the general laws governing engineers, land

surveyors and landscape architects (design professionals) to eliminate outmoded, inconsistent and

unnecessary regulations and would bring Rhode Island in line with our neighboring states to

provide consistency for these businesses and would create a system and procedure for

applications for certificates of authorization to be filed online.

     This act would take effect upon passage.

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