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H 3206
Session 116 (2005-2006) 

H 3206 General Bill, By J.H. Neal

Similar(H 3662) A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE. 12/22/04 House Prefiled 12/22/04 House Referred to Committee on Labor, Commerce and Industry 01/11/05 House Introduced and read first time HJ-131 01/11/05 House Referred to Committee on Labor, Commerce and Industry HJ-131


VERSIONS OF THIS BILL

12/22/2004



H. 3206

A BILL

TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 40-22-20 of the 1976 Code, as last amended by Act 311 of 2000, is further amended to read:

As used in this chapter:

(1)    'ABET' means the Accreditation Board for Engineering and Technology. 'EAC' means the Engineering Accreditation Commission of ABET. 'TAC' means the Technology Accreditation Commission of ABET.

(2)    'Approved engineering curriculum' means an engineering program of four or more years determined by the board to be substantially equivalent to that of an EAC/ABET accredited curriculum.

(3)    'Associate professional engineer' means a Category B license holder who is qualified to practice within the profession of engineering in the manner defined in this chapter and as attested by his recognition and registration as an associate professional engineer in this State.

(4)    'Board' means the South Carolina State Board of Registration for Professional Engineers and Land Surveyors created pursuant to this chapter.

(5)(4)    'Branch office' means a place of business separate from the principal place of business where engineering services or land surveying services are provided. A specific project or construction site office is not a branch office. Nothing contained in this chapter prevents a professional engineer or professional land surveyor from undertaking an engineering or a land surveying project anywhere in the State.

(6)(5)    'Current certificate of registration' means a license to practice which has not expired or has not been revoked and which has not been suspended or otherwise restricted by the board.

(7)(6)    'Department' means the Department of Labor, Licensing and Regulation.

(8)(7)    'Design coordination' includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer.

(9)(8)    'Direct responsibility', 'direct supervisory control', 'direct supervision', and 'responsible charge' all mean the direction of engineering work by an engineer or land surveying work by a land surveyor to the extent that successful completion of the work is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the work.

(10)(9)    'Engineer' means a professional engineer as defined in this section.

(11)(10)    'Engineering surveys' include all minor survey activities required to support the sound conception, planning, design, construction, maintenance, operation, and investigation of engineered projects but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, and easements and the independent surveys or resurveys of general land masses.

(12)(11)    'Engineer-in-training' means a person who has qualified for and passed the Fundamentals of Engineering examination as provided in this chapter and is entitled to receive a certificate as an engineer-in-training.

(13)(12)    'Firm' means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which practices or offers to practice engineering or land surveying, or both.

(14)(13)    'Fraud or deceit' means intentional deception to secure gain, through attempts deliberately to conceal, mislead, or misrepresent the truth in a manner that others might take some action in reliance or an act which provides incorrect, false, or misleading information on which others might rely.

(15)(14)    'GIS' means geographic information systems.

(16)(15)    'Good character' refers to a person of good moral character and one who has not been convicted of a violent crime, as defined in Section 16-1-60, or a crime of moral turpitude.

(17)(16)    'Gross negligence' means an act or course of action, or inaction, which denotes a lack of reasonable care and a conscious disregard or indifference to the rights, safety, or welfare of others and which does or could result in financial loss, injury, or damage to life or property.

(18)(17)    'Incompetence' means the practice of engineering or land surveying by a licensee determined to be either incapable of exercising ordinary care and diligence or lacking the ability and skill necessary to properly perform the duties undertaken.

(19)(18)    'Land surveyor-in-training' means a person who has qualified for and passed the Fundamentals of Land Surveying examination as provided in this chapter and is entitled to receive a certificate as a land surveyor-in-training.

(20)(19)    'Licensed' means authorized by this board, pursuant to the statutory powers delegated by the State to this board, to engage in the practice of engineering, or land surveying, or engineering and land surveying, as evidenced by the board's certificate issued to the registered license holder.

(21)(20)    'Misconduct' means the violation of a provision of this chapter or of a regulation promulgated by the board pursuant to this chapter.

(21)    'NCEES examination' means the national written or electronic examination developed, printed, and administered by the National Council of Examiners for Engineers and Surveyors (NCEES).

(22)    'Practice of engineering' means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, design and design coordination of engineering works and systems, design for development and use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems projects, and industrial or consumer products or equipment of control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. The mere execution, as a contractor, of work designed by a professional engineer or supervision of the construction of such work as a foreman or superintendent is not considered the practice of engineering. A person must be 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; or

(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 that he is licensed under this chapter; 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 which is recognized as engineering.

(23)    'Practice of TIER A land surveying' means providing professional services including, but not limited to, consultation investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, site plan, report, description, or project. The practice of TIER A land surveying consists of three separate disciplines: land boundary surveying, photogrammetry, and geographic information systems/land information systems (GIS/LIS). A land surveyor may be licensed in one or more of the disciplines and practice is restricted to only the discipline or disciplines for which the land surveyor is licensed. The practice of TIER A land surveying does not include the use of the GIS or LIS to create maps pursuant to Section 40-22-290, analyze data, or create reports. The scope of the individual disciplines are identified as follows:

(a)    Land Boundary Surveyor:

(1)    locates, relocates, establishes, re-establishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land;

(2)    determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys;

(3)    conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites.

(b)    A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects thereon by applying the principles of mathematics on remotely sensed data, such as photogrammetry.

(c)    A geographic information systems/land information systems mapper creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b) above.

(24)    'Practice of TIER B land surveying' includes all rights and privileges of the TIER A land boundary surveying discipline defined in Section 40-22-20(23)(a); and in addition to these rights and privileges, TIER B land surveying includes, for subdivisions, preparing and furnishing subdivision plans for sedimentation and erosion control and storm drainage systems, if the systems do not require the structural design of system components and are restricted to the use, where relevant, of any standards prescribed by local, state, or federal authorities. Regulations defining the scope of the additional powers granted to TIER B land surveyors must be promulgated by the board.

(25)    'Private practice firm' means a firm as defined herein through which the practice of engineering or land surveying would require a certificate of authorization as described in this chapter.

(26)    'Private practitioner' means a person who individually holds himself out to the general public as able to perform, or who individually does perform, the independent practice of engineering or land surveying.

(27)    'Professional engineer' means a Category A license holder who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, all as attested by his legal license and registration as a professional engineer in this State.

(28)    'Professional land surveyor' means a person who is qualified to practice any discipline of TIER A or TIER B land surveying in this State, as defined in this section and as attested by his legal license and registration as a TIER A or TIER B professional land surveyor in this State.

(29)    'Professions of architecture, landscape architecture, and geology' mean those specified professions as defined by the laws of this State and applicable regulations.

(30)    'Registered' means the engineer or land surveyor is licensed and registered in the State.

(31)    'Resident professional engineer' or 'resident professional land surveyor', with respect to principal office and branch office requirements, means a licensed practitioner who spends a majority of each normal workday in the principal or branch office."

SECTION    2.    Section 40-22-220 of the 1976 Code, as last amended by Act 311 of 2000, is further amended to read:

"(A)    A person having the necessary qualifications prescribed in this chapter to entitle him to registration is eligible for licensure, although he may not be practicing his profession at the time he applies. The Category A professional engineer license holder is entitled to the unrestricted practice of engineering. The Category B associate professional engineer license holder has the same practice privileges as a Category A license holder, except that holders of the Category B license may not assume direct responsibility, direct supervisory control, or responsible charge for engineering work as an independent private practitioner or for engineering work provided by a private practice firm. Both categories must be certified as an engineer-in-training as a prerequisite to licensure. The professional engineer must be certified as an engineer-in-training as a prerequisite to licensure.

(B)    To be eligible for certification as an engineer-in-training, an applicant must be of good character and reputation and be able to effectively communicate in the English language. The minimum evidence satisfactory to the board that an applicant is qualified for certification as an engineer-in-training is:

(1)    graduation in an EAC/ABET accredited engineering curriculum of four or more scholastic years from a school or college approved by the board as being in satisfactory standing and passing of a written or electronic the NCEES examination, Fundamentals Examination, as required by the board; or

(2)    graduation in an approved engineering curriculum from a school or college approved by the board as being in satisfactory standing other than those in item (1), or graduation in an engineering technology curriculum of four or more years from a school or college in satisfactory standing, or graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of four or more years of progressive engineering work of a character satisfactory to the board and passing written or electronic examinations the NCEES examination, Fundamentals Examination in engineering subjects designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited engineering curriculum, and passing of the examination as required in item (1). Upon graduation an applicant qualifying under this item may take the written or electronic examination as required by the board; however, the applicant may be certified as an engineer-in-training only after having first attained four years of progressive experience in engineering work of a character satisfactory to the board.

(C)    To be eligible for licensure and registration as a Category A professional engineer, an applicant must be of good character and reputation and be able to effectively communicate in the English language. When the evidence presented in the application does not appear conclusive to the board or does not warrant the issuing of a license, the applicant may be required to present further evidence for consideration by the board. The applicant also shall meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for licensure as a Category A professional engineer is:

(1)    graduation in an EAC/ABET accredited engineering curriculum of four or more scholastic years from a school or college approved by the board as being in satisfactory standing and a specific record of an additional four or more years of progressive 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 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 the doctorate level degree in engineering), and passing examinations the NCEES examination, Principles and Practice, as required by the board; or

(2)    graduation from an approved engineering curriculum from a school or college approved by the board as being in satisfactory standing other than those in item (1), a specific record after graduation of eight or more years of progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering, and passing a written or electronic the NCEES examination, Principles and Practice, as designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing the written examinations required of applicants by the board in item (1); or

(3)    graduation from an engineering technology curriculum from a school or college in satisfactory standing, or graduation in from a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, supplemental post graduate studies in approved engineering science courses sufficient to equate the applicant's cumulative program of formal engineering study as being substantially equivalent to an EAC/ABET accredited program, a specific record after graduation of eight or more years of progressive experience in engineering work of a character satisfactory to the board, and which indicates indicating that the applicant is competent to practice engineering, and passing a written or electronic the NCEES examination, Principles and Practice, designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing the written examination as required of applicants by the board in item (1).

(D)    To be eligible for licensure and registration as a Category B associate professional engineer, an applicant must be of good character and reputation and be able to effectively communicate in the English language. If the evidence presented in the application does not appear conclusive to the board or does not warrant the issuing of a license, the applicant may be required to present further evidence for consideration by the board. The applicant also shall meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for licensure and registration as a Category B associate professional engineer is graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, and passing a written or electronic examination as required by the board. An applicant will receive his professional engineer license to practice upon passing the NCEES examination, Principles and Practice."

SECTION    3.    This act takes effect upon approval by the Governor.

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