Current StatusView additional legislative information at the LPITS web site.Bill Number: 247 Ratification Number: 201 Act Number 116 Introducing Body: Senate Subject: Engineers and land surveyors
(A116, R201, S247)
AN ACT TO AMEND SECTION 40-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE MEANING OF THE TERM "ENGINEER-IN-TRAINING" TO A PERSON WHO HAS QUALIFIED FOR AND PASSED THE ENGINEER-IN-TRAINING EXAMINATIONS AND IS ENTITLED TO RECEIVE A CERTIFICATE, TO CHANGE "SUPERVISION OF CONSTRUCTION" TO "OBSERVATION OF CONSTRUCTION" AS INCLUDED IN THE MEANING OF THE TERM "PRACTICE OF ENGINEERING", AND TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS"; TO AMEND SECTION 40-21-40, RELATING TO STATE BOARD OF ENGINEERING EXAMINERS SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS" AND TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND SECTION 40-21-100, RELATING TO A SURETY BOND GIVEN BY THE BOARD TO THE STATE AND SALARY OF THE SECRETARY OF THE BOARD, SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS" AND TO DELETE THE PROVISION GIVING THE SECRETARY OF THE BOARD A SALARY; TO AMEND SECTION 40-21-120, RELATING TO FUNDS OF THE BOARD OF ENGINEERING EXAMINERS, SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS"; TO AMEND SECTION 40-21-130, RELATING TO CLERICAL AND OTHER EXPENSES OF THE BOARD OF ENGINEERING, SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS" AND TO CHANGE THE TITLE OF "NATIONAL COUNCIL OF STATE BOARDS OF ENGINEERING EXAMINERS" TO "NATIONAL COUNCIL OF ENGINEERING EXAMINERS"; TO AMEND SECTION 40-21-180, RELATING TO QUALIFICATIONS FOR REGISTRATION AS PROFESSIONAL ENGINEER, SO AS TO INCLUDE COMPLETION OF A MASTERS DEGREE IN ENGINEERING AND DOCTORATE LEVEL GRADUATE STUDY IN ENGINEERING AS EVIDENCE OF QUALIFICATION IN COUNTING YEARS OF EXPERIENCE; TO AMEND ACT 105 OF 1977, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS"; TO AMEND SECTION 40-21-250, AS AMENDED, RELATING TO EXAMINATION AND REGISTRATION FEES FOR ENGINEERS AND LAND SURVEYORS, SO AS TO ELIMINATE THE LIMIT ESTABLISHED FOR FEES AND TO AUTHORIZE THE BOARD TO SET FEES BY REGULATION; TO AMEND SECTION 40-21-260, AS AMENDED, RELATING TO EXAMINATIONS OF ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE METHODS OF PROCEDURE OF THE EXAMINATIONS OF ENGINEERS AND LAND SURVEYORS AND TO PROVIDE THAT EXAMINATIONS MUST BE GIVEN SEPARATELY IN ENGINEERING AND SURVEYING TO DETERMINE QUALIFICATIONS; TO AMEND SECTION 40-21-270, AS AMENDED, RELATING TO REEXAMINATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO ELIMINATE THE REEXAMINATION FEE LIMIT OF TWENTY DOLLARS, TO AUTHORIZE THE BOARD TO SET FEES BY REGULATION, AND TO PROVIDE REQUIREMENTS THAT A CANDIDATE FOR REEXAMINATION MUST MEET; TO AMEND SECTION 40-21-280, AS AMENDED, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE PROVISIONS RELATING TO AN ENGINEER-IN-TRAINING, A LAND SURVEYOR-IN-TRAINING, AND CERTIFICATE AUTHORIZATION OF THE PRACTICE OF LAND SURVEYING; TO AMEND SECTION 40-21-310, RELATING TO REGISTRATION OF ENGINEERS AND LAND SURVEYORS HOLDING NATIONAL, STATE, TERRITORIAL, OR FOREIGN CERTIFICATES, SO AS TO ELIMINATE THE CERTIFICATE OF REGISTRATION FEE LIMIT OF TWENTY-FIVE DOLLARS, TO AUTHORIZE THE BOARD TO SET FEES BY REGULATION AND TO DELETE THE REFERENCE TO THE NATIONAL BUREAU OF ENGINEERING REGISTRATION; TO AMEND SECTION 40-21-330, RELATING TO ANNUAL RENEWAL OF REGISTRATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE FOR ASSESSMENT OF A LATE RENEWAL PENALTY, A MAXIMUM GRACE PERIOD OF THREE MONTHS FOLLOWING THE ANNUAL RENEWAL DATE, AND THE PROCEDURE TO BE FOLLOWED FOR RENEWAL AFTER THE MAXIMUM GRACE PERIOD HAS PASSED; TO AMEND SECTION 40-21-340, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE BOARD'S TITLE FROM "STATE BOARD OF ENGINEERING EXAMINERS" TO "SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS"; TO AMEND SECTION 40-21-370, RELATING TO REISSUANCE OF REVOKED, LOST, DESTROYED, OR MUTILATED CERTIFICATES OF REGISTRATION TO ENGINEERS AND LAND SURVEYORS, SO AS TO CHANGE THE NUMBER OF THE BOARD MEMBERS NEEDED TO REISSUE A CERTIFICATE OF REGISTRATION FROM THREE OR MORE TO A MAJORITY, TO ELIMINATE THE THREE DOLLAR CHARGE FOR REISSUANCE AND TO AUTHORIZE THE BOARD TO SET THE CHARGE BY REGULATION; AND TO AMEND SECTION 40-21-410, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN PRACTICES FROM THE CHAPTER CONCERNING ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE ITEMS (3) AND (6); TO PROVIDE THAT THE FEE SCHEDULE OF THE BOARD IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL REMAIN IN EFFECT UNTIL NEW REGULATIONS ARE PROMULGATED AND APPROVED; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 40-21-10 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-10.
(1) The term 'engineer' as used in this chapter means a professional engineer as defined in this section;
(2) The term 'professional engineer' within the meaning and intent of this chapter means a person who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering anaylsis and design, acquired by professional education and practical experience, is qualified to practice engineering, as defined in this section, as attested by his legal registration as a professional engineer;
(3) The term 'engineer-in-training' as used in this chapter means a person who has qualified for and passed the engineer-in-training examinations as provided in this chapter and is entitled to receive a certificate as an 'engineer-in-training';
(4) The term 'practice of engineering' within the intent of this chapter means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical, and engineering sciences to professional services or creative work as consultation, investigation, evaluation, planning, design, and observation of construction for the purpose of assuring compliance with specifications and design in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects. A person is construed to practice or offer to practice engineering, within the meaning and intent of this chapter who (a) practices any branch of the profession of engineering, (b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer, or (c) holds himself out as able to perform or does perform any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering. The practice of engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment;
(5) The term 'land surveyor' as used in this chapter means a person who engages in the practice of land surveying, as defined in this section;
(6) The term 'land surveyor-in-training' as used in this chapter means a person who has qualified for and passed the land surveyor-in-training examinations as provided in this chapter and is entitled to receive a certificate as a land surveyor-in-training.
(7) The term 'practice of land surveying' within the meaning and intent of this chapter includes measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, with underground workings, or on the beds or bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries, and for the platting and laying out of lands and subdivisions, including the topographic alignment and grades of streets and for the preparation of maps, plats, and property descriptions that represent the surveys;
(8) The term 'Board' as used in this chapter means the South Carolina State Board of Registration for Professional Engineers and Land Surveyors provided for by this chapter."
Board to administer provisions of chapter
SECTION 2. Section 40-21-40 of the 1976 Code is amended to read:
"Section 40-21-40. The South Carolina State Board of Registration for Professional Engineers and Land Surveyors shall administer the provisions of this chapter. The Board shall consist of five registered engineers and two registered land surveyors, at least one of whom must be actively engaged in the practice of land surveying, who shall be appointed by the Governor and must have the qualifications required by Section 40-21-50. In addition, the Board shall have one public member appointed by the Governor. Members of the Board shall serve for terms of five years each and until their successors are appointed and qualify. The present members of the Board shall continue to serve until their current terms of office expire at which time their successors shall be appointed in the manner provided herein."
Surety bond
SECTION 3. Section 40-21-100 of the 1976 Code is amended to read:
"Section 40-21-100. The secretary of the Board shall give a surety bond to the State in a sum the Board may determine. The premium on the bond must be regarded as a proper and necessary expense of the Board and must be paid out of the fund of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors. The secretary shall receive expenses provided for in Section 40-21-70."
Secretary of board to account for and receive monies
SECTION 4. Section 40-21-120 of the 1976 Code is amended to read:
"Section 40-21-120. The secretary of the Board shall receive and account for all monies derived under the provisions of this chapter and shall pay them to the State Treasurer, who shall keep the monies in a separate fund to be known as the fund of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors. The fund must be kept separate and apart from all other monies in the State Treasury and must be paid out only by vouchers regularly drawn by the chairman and secretary of the Board. All monies in the fund of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors are specifically appropriated for the use of the Board. Under no circumstances shall the total amount of warrants issued by the Comptroller General in payment of the expenses and compensation provided for in this chapter exceed the amount of the examination, registration, and renewal fees collected as provided in this chapter."
Board may employ personnel
SECTION 5. Section 40-21-130 of the 1976 Code is amended to read:
"Section 40-21-130. The Board may employ clerical or other assistants as are necessary for the proper performance of its work and make expenditures of the fund of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors for any purpose which in the opinion of the Board is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the Board's delegates to annual meetings of, and membership dues to, the National Council of Engineering Examiners."
Eligibility for registration
SECTION 6. Section 40-21-180 of the 1976 Code is amended to read:
"Section 40-21-180. To be eligible for registration as a professional engineer an applicant must be of good character and reputation. When the evidence presented in the application does not appear to the Board conclusive nor warranting the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the Board. The applicant shall also meet the requirements of the other pertinent sections of this chapter.
The minimum evidence satisfactory to the Board that an applicant is qualified for registration as a professional engineer is:
(1) Graduation in an approved engineering curriculum of four or more years from a school or college approved by the Board as of satisfactory standing and a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the Board, indicating that the applicant is competent to practice engineering (in counting years of experience, the Board at its discretion may give one year credit for satisfactory completion of a Master's Degree in engineering or maximum credit of two years for satisfactory completion of doctorate level graduate study in engineering) and who has passed the oral or written examinations as required by the Board.
(2) Graduation in an engineering or a related engineering science curriculum of four years or more in a school or college other than those approved by the Board. A specific record of eight years or more of experience on engineering work of a character satisfactory to the Board, indicating that the applicant is competent to practice engineering and who has passed the written examinations required of applicants in (1) above."
Conditions for recertification
SECTION 7. Section 14 of Act 105 of 1977 is amended to read:
"Section 14. Notwithstanding any other provision of law, any person who before the effective date of this act was registered as a land surveyor in this State, and who voluntarily relinquished his certificate due to nonpayment of registration and renewal fees must be reinstated and recertified by the South Carolina State Board of Registration for Professional Engineers and Land Surveyors as a registered land surveyor in this State upon the payment of the required registration and renewal fees. No other conditions for recertification are required unless the person has been the subject of professional disciplinary proceedings by the South Carolina State Board of Registration for Professional Engineers and Land Surveyors."
Fees
SECTION 8. Section 40-21-250 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-250. The examination and registration fees for professional engineers, engineers-in-training, land surveyors, and land surveyors-in-training must be determined by the Board by regulation.
Should the Board deny the issuance of a certificate of registration to any applicant, once the processing of his application has commenced, the fee deposited is retained as an application fee."
Oral or written examinations
SECTION 9. Section 40-21-260 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-260. When oral or written examinations are required, they must be held at the time and place as the Board shall determine. Examinations must be given for the purpose of determining the qualifications of applicants for registration separately in engineering and surveying."
Reexamination
SECTION 10. Section 40-21-270 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-270. A candidate failing an examination may apply for reexamination at the next examination date and will be reexamined with payment of an additional fee sufficient to cover the cost of reexamination, to be determined by the Board by regulation. A candidate for registration who has failed the same topical examination two times shall provide evidence satisfactory to the Board that the candidate has taken steps such as additional schooling, classes, seminars, or self study to better prepare the candidate for a third examination on the same topical subject. The Board has the authority to refuse further examination unless a candidate failing the same topical examination twice has shown evidence satisfactory to the Board that measures have been taken to enhance the candidate's chances of success. A new application is required of any candidate having failed the same topical examination three times for a new determination by the Board as to whether the candidate has the necessary experience and other qualifications for admittance to further examination."
Fee
SECTION 11. Section 40-21-280 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-280. The Board shall issue a certificate of registration, upon payment of the registration fee as provided for in this chapter, to any applicant who, in the opinion of the Board has satisfactorily met all the requirements of this chapter. In the case of a registered engineer the certificate shall authorize the practice of engineering. In the case of a registered land surveyor the certificate shall state that the applicant has successfully passed an examination in the principles and practices of land surveying, that his name has been recorded as a registered land surveyor, and that he is authorized to practice land surveying. Certificates of registration shall show the full name of the registrant, shall have a serial number, and must be signed by the chairman and the secretary of the Board under seal of the Board."
Fee
SECTION 12. Section 40-21-310 of the 1976 Code is amended to read: "Section 40-21-310. The Board may, upon application therefor and the payment of a fee to be determined by the Board by regulation, issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners or of any state, territory, or possession of the United States or of any foreign country if the applicant's qualifications meet the requirements of this chapter and the rules established by the Board."
Fee
SECTION 13. Section 40-21-330 of the 1976 Code is amended to read:
"Section 40-21-330. Every certified professional engineer and land surveyor registered under the provisions of this chapter who decides to continue the practice of his profession shall annually during the month of June pay to the secretary of the Board a fee sufficient to support the costs of the Board's operations, to be determined by the Board by regulation, for which fee a renewal registration card for the ensuing registration year shall be issued. The Board shall assess a late renewal penalty of twenty percent of the annual renewal fee against those persons who do not renew their registrations within one month of the annual renewal date. The penalty must be assessed for each two months thereafter, with a maximum grace period of three months following the annual renewal date. Those persons not renewing their licenses within three months following the annual renewal date shall either file a new application accompanied by the required application fee or, if they are in a position to do so, file a notarized affidavit with the Board certifying that they have not been engaged in the practice of engineering or land surveying in South Carolina during the period their certificates were not in a current condition, accompanied by the total amount of unpaid renewal fees and penalties. A new application by a candidate whose certificate has lapsed due to nonpayment of the required renewal fee within three months of the due date, is considered in the same category as a previously unregistered person."
Revocation, suspension, etc., of certificate
SECTION 14. Section 40-21-340 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-340. The Board has the power to suspend, refuse, or revoke a certificate of registration or to reprimand any registrant who is found guilty of:
(1) The practice of any fraud or deceit in applying for or obtaining a certificate of registration.
(2) Any gross negligence, incompetency, or misconduct in the practice of engineering or land surveying as a registered professional engineer or registered land surveyor.
(3) Any felony or misdemeanor the penalty for which is imprisonment in excess of one year.
(4) Aiding or abetting any person in violation of any provision of this chapter.
(5) Violation of the Rules of Professional Conduct as promulgated by the South Carolina State Board of Registration for Professional Engineers and Land Surveyors.
(6) Has been declared insane by a court of competent jurisdiction and has not thereafter been declared sane."
Reissuance of certificate
SECTION 15. Section 40-21-370 of the 1976 Code is amended to read:
"Section 40-21-370. The Board, for reasons it may consider sufficient, may reissue a certificate of registration to any person whose certificate has been revoked if a majority of the members of the Board vote in favor of the reissuance. A new certificate of registration, to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of the Board, and a charge to be determined by the Board by regulation must be made for the issuance."
Applicability of chapter
SECTION 16. Section 40-21-410 of the 1976 Code, as amended by Act 105 of 1977, is further amended to read:
"Section 40-21-410. This chapter must not be construed to prevent or to affect:
(1) The practice of any other legally recognized profession or trade;
(2) The practice of a person not a resident of and having no established place of business in this State or who has recently become a resident, practicing or offering to practice the professions of engineering or land surveying, when the practice does not exceed in the aggregate more than twelve consecutive months, if the person is legally qualified by registration to practice the profession in his own state or country in which the requirements or qualifications for obtaining a certificate of registration are not lower than those specified in this chapter. The person shall make application in writing and after payment of a fee of fifty dollars may be granted a written permit for a definite period of time to do a specific job. No right to practice engineering or land surveying shall accrue to the applicant with respect to any other work not set forth in the permit. A permit of this type must not be used for more than one job and may not exceed twelve consecutive months.
(3) The work of an employee or a subordinate of a person holding a certificate of registration under this chapter or an employee of a person practicing lawfully under item (2) of this section, if the work does not include final designs or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under item (2) of this section; or
(4) The practice of officers and employees of the government of the United States while engaged within this State in the practice of engineering or land surveying for the government."
Fee schedule
SECTION 17. The fee schedule of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors in effect prior to the effective date of this act shall remain in full force and effect until new regulations are promulgated and approved as provided hereunder.
Board reauthorized
SECTION 18. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the South Carolina State Board of Registration for Professional Engineers and Land Surveyors is reauthorized for six years.
Time effective
SECTION 19. This act shall take effect upon approval by the Governor.