2017 -- H 6093

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LC002331

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS-ENGINEERS

     

     Introduced By: Representatives Serpa, and Marshall

     Date Introduced: April 07, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-8-2, 5-8-3, 5-8-14 and 5-8-17 of the General Laws in Chapter 5-

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8 entitled "Engineers" are hereby amended to read as follows:

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     5-8-2. Definitions.

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     As used or within the intent of this chapter:

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     (a) "Accredited program" means specific engineering curricula within established

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institutions of higher learning that have both met the criteria of, and have been designated by, the

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Engineering Accreditation Commission of the Accreditation Board for Engineering and

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Technology, Inc. (ABET-EAC). In the absence of ABET-EAC software engineering criteria,

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software engineering criteria provided by the National Society of Professional Engineers'

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Professional Engineers in Industry (PEI) Task force for the NPSE Licensure & Qualifications for

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Practice.

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     (b) "Board" means the state board of registration for professional engineers subsequently

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provided by this chapter.

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     (c) "Engineer" means a person who, by reason of his or her special knowledge and use of

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the mathematical, physical, computing and engineering sciences and the principles and methods

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of engineering analysis and design, acquired by engineering education and engineering

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experience, is qualified to practice engineering, as subsequently defined, and as attested by his or

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her registration as an engineer.

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     (d) "Engineer-in-training" means a person who complies with the requirements for

 

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education, experience, and character, and has passed an examination in the fundamental

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engineering subjects, as provided in §§ 5-8-11 and 5-8-13.

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     (e) "National Council of Examiners for Engineering and Surveying (NCEES)" is a

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nationally recognized organization which assists state boards and territorial boards to better

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discharge their duties and responsibilities in regulating the practice of engineering and land

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surveying.

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     (f) (1) "Practice of engineering" means any service or creative work, the adequate

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performance of which requires engineering education, training, and experience in the application

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of special knowledge of the mathematical, physical, computing and engineering sciences to

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services or creative work such as consultation, investigation, evaluation surveys, planning and

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design of engineering systems, software systems, and the supervision of construction for the

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purpose of assuring compliance with specifications; and embracing those services or work in

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connection with any public or private utilities, structures, buildings, machines, computer systems,

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information technologies, equipment, processes, work, or projects in which the public welfare or

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the safeguarding of life, health, or property is concerned.

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     (2) Any person shall be construed to practice or offer to practice engineering, within the

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meaning and intent of this chapter, who:

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     (i) Practices any branch of the profession of engineering;

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     (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents

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himself or herself to be an engineer, or through the use of some other title implies that he or she is

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an engineer or that he or she is registered under this chapter; or

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     (iii) Holds himself or herself out as able to perform, or who does perform any engineering

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service or work or any other service designated by the practitioner or recognized as engineering.

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     (g) "Professional engineer" means a person who has been registered and licensed by the

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state board of registration for professional engineers.

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     (h) "Responsible charge" means direct control and personal supervision of engineering

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work.

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     (i) "Rules and regulations" means that document of the same title, as amended from time

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to time, subject to the director's approval, that has been adopted by the board and filed with the

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secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8.

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     (j) "Department" means the department of business regulation.

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     (k) "Director" means the director of the department of business regulation or his or her

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designee.

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     5-8-3. Board -- Creation -- Duties -- Composition -- Appointments -- Terms.

 

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     (a) The duty of the board of engineers is to administer those provisions of this chapter

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that relate to the regulation of professional engineering and the registration of professional

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engineers.

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     (b) Subject to the approval of the director, the board of engineers shall establish any rules

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and regulations for the conduct of its own proceedings; for examination of applicants; for

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registration of professional engineers and engineers-in-training; for continuing education

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requirements; for investigating complaints to the board; and for governing the practice of

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engineering all that it deems appropriate.

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     (c) (1) Members of the board are subject to the provisions of chapter 14 of title 36. The

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board consists of five (5) persons, who are appointed by the governor, and must have the

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qualifications required by § 5-8-4. Each member of the board shall receive a certificate of his or

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her appointment from the governor and shall file with the secretary of state his or her written oath

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or affirmation for the faithful discharge of his or her official duty. Appointments to the board

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shall be in the manner and for a period of time that the term of each member expires at a different

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time. On the expiration of the term of any member, the governor shall, in the manner previously

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provided, appoint for a term of five (5) years a registered professional engineer having the

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qualifications required in § 5-8-4. A member may be reappointed to succeed himself or herself,

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but shall not serve more than two (2), full, consecutive terms. Each member may hold office until

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the expiration of the term for which appointed or until a successor has been appointed and has

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qualified.

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     (2) The board shall designate and establish a system of registration by discipline not later

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than December 31, 1994, and shall subsequently administer that registration system.

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     (3) The registration system shall provide, at a minimum, for the registration of:

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     (i) Civil engineers;

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     (ii) Chemical engineers;

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     (iii) Electrical engineers;

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     (iv) Mechanical engineers;

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     (v) Structural engineers;

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     (vi) Environmental engineers; and

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     (vii) Fire protection engineers.

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     (viii) Software/Computer engineers;

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     (4) The board may establish additional classifications by rule and regulation subject to

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the approval of the director.

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     (5) Classification of disciplines shall conform to the standards established by the NCEES.

 

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Nothing in this section shall be construed to limit the registration of a qualified applicant to only

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one discipline.

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     (d) [Deleted by P.L. 2015, ch. 82, § 4 and P.L. 2015, ch. 105, § 4].

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     5-8-14. Certificates of registration -- Enrollment cards -- Seals.

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     (a) With the assistance of the department, the board shall issue and renew a certificate of

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registration, upon payment of the registration fee as provided for in this chapter, to any applicant,

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who, in the opinion of the board, has met the requirements of this chapter. Enrollment cards shall

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be issued to those who qualify as engineers-in-training. Certificates of registration shall carry the

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designation "professional engineer", show the full name of the registrant without any titles, have a

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serial number and shall be signed by the chairperson of the board.

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     (b) The issuance of a certificate of registration by the board is prima facie evidence that

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the person named in the certificate is entitled to all rights and privileges of a professional engineer

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while the certificate remains unrevoked or unexpired.

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     (c) Each registrant under this chapter may, upon registration obtain a seal of the design

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authorized by the board bearing the registrant's name, serial number, and the legend "Registered

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professional engineer". Final engineering drawings, specifications, plats, and reports, and

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software specifications, designs and reports prepared by a registrant shall be, when issued, signed,

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dated, and stamped with his or her seal or facsimile of a seal. It is unlawful for an engineer to

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affix, or permit his or her seal or facsimile of a seal to be affixed, to any work of which the

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engineer has not been responsibly charged to any engineering drawings, specifications, plats, or

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reports, including software specifications, designs and reports, after expiration of a certificate or

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for the purpose of aiding or abetting any other person to evade or attempt to evade any provision

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of this chapter.

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

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

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request for a formal hearing to be conducted in accordance with the provisions of § 5-8-18.

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     5-8-17. Public works.

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     This state and its political subdivisions, such as county, city, town, township, borough, or

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legally constituted boards, districts, commissions, or authorities, shall not engage in the

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construction of public works including software systems development, involving the practice of

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engineering unless the engineering drawings and specifications and estimates have been prepared

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by, and the construction is executed under the direct supervision of, a registered professional

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engineer, software engineer, or supervision of the Rhode Island department of transportation

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when applicable to a municipal transportation project. Any contract executed in violation of this

 

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section is null and void.

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     SECTION 2. Chapter 5-8 of the General Laws entitled "Engineers" is hereby amended by

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adding thereto the following section:

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     5-8-1.1. Legislative intent and purpose.

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     (a) The general assembly finds it necessary to invest in large scale, high expense, public

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works projects involving complex software system development; and

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     (b) Expected performance of software system development projects is becoming

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increasingly difficult to achieve, resulting in significant cost and schedule overruns, costly legal

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expenses, and most importantly, the disruption and delay of critical state operations related to

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social services, administration of policy and law, and the general effectiveness and efficiency of

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service delivery to our citizenry; and

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     (c) There exists a body of state law, herein contained in chapter 8 of title 5, established to

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safeguard life, health, and property, and to promote public welfare through the proper

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certification of professional engineering as pertains to execution of public works projects,

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specifically to ensure the state's interests and public's general welfare are protected by certifying a

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minimum standard of education, experience and knowledge assessment; and

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     (d) The discipline of "software engineering," despite its rapidly growing importance,

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complexity, and expense in delivering effective state public services, is not specifically included

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in chapter 8 of title 5, at a time when ecommerce, the internet of things and general social

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complexity have fundamentally altered the way that government services are delivered. The

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impact of failure can have potentially serious and far-reaching implications for the state and its

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citizens in terms of cost and denial of critical services; and

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     (e) It is the intent of the general assembly to amend certain provisions of chapter 8 of title

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5 so as to the safeguard our citizens' lives, health, and property, and to promote general public

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welfare through the proper certification of professional engineering as pertains to the execution of

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software public works projects.

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     SECTION 3. 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 create a professional designation and registration criteria for professional

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software engineers with the subsequent purpose of requiring professional certification as a

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condition of participating in software development related public works projects.

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     This act would take effect upon passage.

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