2020 Second Extraordinary Session ENROLLED
SENATE BILL NO. 17
BY SENATOR HEWITT
1 AN ACT
2 To amend and reenact R.S. 37:682(4) through (15), 683(A), (B)(1), (2), and (3), and (C),
3 684, 686, 693(A) and (B), 695, 698(C), 700(C), and to enact R.S. 37:682(16),
4 relative to the Louisiana Professional Engineering and Land Surveying Board; to
5 provide for board membership and qualifications of members; to provide for
6 licensure requirements of professional engineers; to provide for examinations; to
7 remove provisions relative to professional naval architects and marine engineers; to
8 provide for disciplinary and enforcement actions by the board; to provide for terms,
9 conditions, and procedures; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 37:682(4) through (15), 683(A), (B)(1), (2), and (3), and (C), 684,
12 686, 693(A) and (B), 695, 698(C), 700(C) are amended and reenacted and R.S. 37:682(16)
13 is hereby enacted to read as follows:
14 §682. Definitions
15 The following words and phrases when used in this Chapter shall have the
16 following meaning, unless the context clearly requires otherwise:
17 * * *
18 (4) "Dual licensee" shall mean any person practicing or seeking to
19 practice both engineering and land surveying in the state of Louisiana who has
20 received both licenses from the board and is otherwise in good standing with the
21 board. This term is often used synonymously with the term "dual registrant".
22 (5) "Engineer" or "professional engineer" shall mean an individual who, by
23 reason of his special knowledge and ability to apply the mathematical, physical, and
24 engineering sciences and the principles and methods of engineering analysis and
25 design, acquired by an engineering education and engineering experience, is
26 qualified to practice engineering, as evidenced by his licensure as such by the board.
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1 (5)(6) "Engineer intern" shall mean an individual who has complied with the
2 requirements for education, experience, and character and has passed an examination
3 in the fundamental engineering subjects, as provided in this Chapter, and has been
4 issued a certificate by the board.
5 (6)(7) "Firm" shall mean any domestic or foreign firm, partnership,
6 association, cooperative, venture, corporation, limited liability company, limited
7 liability partnership, or any other entity.
8 (7)(8) "Land surveyor" or "professional land surveyor" shall mean an
9 individual who is qualified to practice land surveying, as evidenced by his licensure
10 as such by the board.
11 (8)(9) "Land surveyor intern" shall mean an individual who has complied
12 with the requirements for education, experience, and character and has passed an
13 examination in the fundamental surveying subjects, as provided in this Chapter, and
14 has been issued a certificate by the board.
15 (9)(10) "Licensee" shall mean any person practicing or seeking to practice
16 engineering or land surveying in the state of Louisiana that has received a license
17 from the board and is otherwise in good standing with the board. The term is often
18 used synonymously with the term "registrant".
19 (10)(11) "Licensed" or "licensure" shall mean the recognition granted by the
20 board and its issuance of a license to any person to practice engineering or land
21 surveying in the state of Louisiana. These terms are often used synonymously with
22 the terms "registered" or "registration".
23 (11)(12) "Person" shall mean any individual or firm.
24 (12)(13)(a) "Practice of engineering" shall mean responsible professional
25 service which may include consultation, investigation, evaluation, planning,
26 designing, or inspection of construction in connection with any public or private
27 utilities, structures, machines, equipment, processes, works, or projects wherein the
28 public welfare or the safeguarding of life, health, and property is concerned or
29 involved, when such professional service requires the application of engineering
30 principles and the interpretation of engineering data.
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1 (b) A person shall be construed to practice or offer to practice engineering:
2 who practices in any discipline of the profession of engineering; or who, by verbal
3 claim, sign, advertisement, letterhead, card, or in any other way represents himself
4 to be a professional engineer; or who represents himself as able to perform; or who
5 does perform any engineering service or work or any other professional service
6 designated by the practitioner or recognized by educational authorities as
7 engineering. The practice of engineering shall not include the work ordinarily
8 performed by a person who himself operates or maintains machinery or equipment.
9 (13)(14)(a) "Practice of land surveying" shall include the measuring of areas,
10 land surfaces, streams, bodies of water, and swamps for correct determination and
11 description, for the establishment, reestablishment, ascertainment, or description of
12 land boundaries, corners, divisions, distances, and directions, the plotting and
13 monumenting of lands and subdivisions thereof, and mapping and topographical
14 work.
15 (b) A person shall be construed to practice or offer to practice land surveying
16 who when that person engages in land surveying and who by verbal claim, sign,
17 advertisement, letterhead, card, or in any other way represents himself to be a land
18 surveyor, or who represents himself as able to perform or who does perform any land
19 surveying service or work, or any other service designated by the practitioner which
20 is recognized as land surveying.
21 (14)(15) "Responsible charge" shall mean the direct control and personal
22 supervision of engineering or land surveying service or work, as the case may be.
23 (15)(16) "Responsible professional services" shall mean the technical
24 responsibility, control, and direction of the investigation, design, or construction of
25 engineering service or work requiring initiative, engineering ability, and its use of
26 independent judgment.
27 §683. Board; appointments; terms
28 A.(1) The Louisiana Professional Engineering and Land Surveying Board is
29 hereby created, whose duty it shall be to administer the provisions of this Chapter.
30 The board shall consist of eleven members, nine of whom shall be licensed
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1 professional engineers, and two of whom shall be licensed professional land
2 surveyors.
3 (2) At least two members of the board shall be licensed professional
4 engineers who are active engaged in the private practice of engineering. For the
5 purposes of this Section, an a professional engineer engaged in the private practice
6 of engineering is a person legally qualified in the profession of engineering who
7 practices engineering as a principal business and who provides analytical, creative
8 design, and design implementation capabilities devoid of judgment-biasing
9 commercial or product affiliations to clients on a fee basis. At least two of the
10 members of the board shall be licensed professional engineers in government
11 employment, at least two of the members of the board shall be licensed professional
12 engineers employed in the field of industry, at least two of the members of the board
13 shall be licensed professional engineers employed in the field of education, and at
14 least one member of the board shall be a licensed professional engineer employed
15 in the field of construction. Two At least two members of the board shall be licensed
16 professional land surveyors who are actively engaged in the field of land surveying.
17 B.(1) The governor shall appoint members to the board from among licensed
18 professional engineering engineer nominees recommended by the Louisiana
19 Engineering Society or its duly recognized successor, and from among licensed
20 professional land surveyor nominees recommended by the Louisiana Society of
21 Professional Surveyors or its duly recognized successor. All such nominees shall
22 have the qualifications required by R.S. 37:684.
23 (2) At least five three nominations shall be made for each appointment
24 required, which and each appointment shall be made by the governor in the same
25 manner as the predecessor appointees were selected.
26 (3)(a) All appointments to the board shall be for terms of not less than five
27 nor more than six years. All appointments shall be for such periods of time as to
28 ensure that the terms of not more than two board members end per year, and shall
29 expire on March thirty-first of the expiration year, regardless of the date on which
30 the successor was appointed and qualified. Notwithstanding any provision of this
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1 Paragraph to the contrary, the terms of any board members appointed before March
2 31, 2006, shall expire on March thirty-first of the calendar year following their
3 original expiration year.
4 (b) Notwithstanding any provision of this Paragraph to the contrary, the term
5 of the licensed professional land surveyor scheduled to expire on March 31, 2010,
6 shall be extended to March 31, 2012. The term scheduled to expire on March 31,
7 2012, of the licensed professional engineer in government employment shall be
8 extended to March 31, 2015. The provisions of this Subparagraph shall expire on
9 April 1, 2015.
10 * * *
11 C. Each member of the board shall receive a certificate of appointment from
12 the governor, and before beginning his term of office, shall file with the secretary of
13 state his written oath or affirmation for faithful discharge of his official duty. Each
14 member shall serve until his successor has been appointed and qualified. It shall be
15 the duty of the president of the Louisiana Engineering Society, in the case of licensed
16 the professional engineers engineer nominees, or the president of the Louisiana
17 Society of Professional Surveyors, in the case of the licensed professional land
18 surveyors surveyor nominees, duly authorized and acting on behalf of the their
19 respective society societies to make the nominations described above within sixty
20 days after receipt of notice of the death, resignation, or removal of a member of the
21 board, and at least thirty days prior to the expiration of the term of a member of the
22 board.
23 * * *
24 §684. Qualification of board members
25 Each member of the board shall be a citizen of the United States and a
26 resident of this state, and shall have been engaged in the practice or teaching of
27 engineering or, in the case of the professional land surveyor members, the practice
28 or teaching of land surveying, as the case may be, for at least twelve years, and shall
29 have been in responsible charge of important engineering or land surveying work,
30 as the case may be, for at least five years. Responsible For the purposes of this
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1 Section, responsible charge of engineering or land surveying teaching may be
2 construed as responsible charge of important engineering or land surveying work.
3 * * *
4 §686. Removal of members for cause
5 A. The governor may remove any member of the board for misconduct,
6 incompetency, or neglect of duty. Vacancies in the membership of the board shall
7 be filled for the unexpired term by appointment by the governor, as provided in R.S.
8 37:683. Before the governor can remove a member for cause, he must serve the
9 member with a written statement of charges against him and afford him an
10 opportunity to be heard publicly on such charges. If the member thus served does not
11 request a public hearing within ten days after service, the governor may proceed with
12 his removal. If the member does request such a public hearing, it shall be heard by
13 a special committee composed of three persons, namely: an as follows:
14 (1)(a) If the member requesting the hearing is a professional engineer,
15 a professional engineer appointed by the president of the Louisiana Engineering
16 Society shall serve on the committee and shall be the chairman.
17 (b) or, in the case of land surveyor members, If the member requesting the
18 hearing is a professional land surveyor, a professional land surveyor appointed
19 by the president of the Louisiana Society of Professional Land Surveyors, shall
20 serve on the committee and shall be the to serve as chairman;.
21 (2) and two Two deans from Louisiana colleges of engineering that have
22 Accreditation Board for Engineering and Technology, Inc., approved curricula to be
23 chosen by the board.
24 B. The recommendation of this committee shall be binding upon the
25 governor. A copy of the charges, a transcript of the record of the hearing, and a copy
26 of the recommendation shall be filed with the secretary of state.
27 * * *
28 §693. Requirements for licensure as a professional engineer or professional land
29 surveyor, and for certification as an engineer intern or land surveyor
30 intern
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1 A.(1) The board shall license or certify, as the case may be, each applicant
2 as an engineer intern, a land surveyor intern, a professional engineer, or a
3 professional land surveyor, as specified herein, as requested by the applicant when,
4 in the opinion of the board, the applicant has met the requirements of this Chapter
5 and is proficient and qualified to practice as such.
6 (2) Professional engineers will shall be issued licenses by the board as a
7 professional engineer. The board shall list a professional engineer in one or more of
8 the disciplines of engineering approved by the National Council of Examiners for
9 Engineering and Surveying to signify the area in which the professional engineer
10 has demonstrated competence pursuant to education, experience, and examination.
11 The professional engineer may use a stamp seal that designates the discipline of
12 engineering in which the board has listed the professional engineer or a stamp seal
13 that identifies the licensee as a professional engineer.
14 B. The minimum requirements for licensure or certification by the board shall
15 be as follows:
16 (1) An engineer intern shall be either any of the following:
17 (a) A graduate of an accredited engineering curriculum of four years or more
18 approved by the board as being of satisfactory standing, who is of good character and
19 reputation, who has passed the written or electronic examinations required by the
20 board, and who has satisfied the requirements of R.S. 37:694.
21 (b) A graduate of a nonaccredited engineering or related science or
22 technology curriculum of four years or more, approved by the board as being of
23 satisfactory standing, who has obtained a graduate degree from a university having
24 an accredited undergraduate engineering curriculum in the same discipline or sub-
25 discipline, approved by the board as being of satisfactory standing, who is of good
26 character and reputation, who has passed the written or electronic examinations
27 required by the board, and who has satisfied the requirements of R.S. 37:694.
28 (c) A graduate of a nonaccredited engineering curriculum of four years or
29 more approved by the board as being of satisfactory standing, who has met the
30 requirements for progressive engineering experience in work acceptable to the board,
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1 who is of good character and reputation, who has passed the written or electronic
2 examinations required by the board, and who has satisfied the requirements of
3 R.S. 37:694.
4 (2) A professional engineer shall be either any of the following:
5 (a) An engineer intern, or an individual who meets the qualifications to be an
6 engineer intern, who has met the requirements for progressive engineering
7 experience in work acceptable to the board, who is of good character and reputation,
8 who has passed the written or electronic examinations required by the board, and
9 who has satisfied the requirements of R.S. 37:694.
10 (b) An individual who holds a valid license to engage in the practice of
11 engineering issued to him by proper authority of a state, territory, or possession of
12 the United States, or the District of Columbia, based on requirements that do not
13 conflict with the provisions of this Chapter and which were of a standard not lower
14 than that specified in the applicable licensure laws in effect in Louisiana at the time
15 such license was issued, who is of good character and reputation, and who has
16 satisfied the requirements of R.S. 37:694, and if the state, territory, or possession, or
17 the District of Columbia, in which he is licensed will accept the license issued by the
18 board on a reciprocal basis.
19 (c) A graduate of an accredited engineering curriculum of four years or
20 more approved by the board as being of satisfactory standing, who has twenty
21 years or more of progressive engineering experience in work acceptable to the
22 board, who is of good character and reputation, who has passed the
23 examinations required by the board, and who has satisfied the requirements of
24 R.S. 37:694.
25 (3) A land surveyor intern shall be either:
26 (a) A graduate holding a baccalaureate degree from a curriculum of four
27 years or more who has completed at least thirty semester credit hours, or the
28 equivalent approved by the board, in courses involving land surveying, mapping, and
29 real property approved by the board, who is of good character and reputation, who
30 has passed the oral and written examinations required by the board, and who has
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1 satisfied the requirements of R.S. 37:694.
2 (b) An individual certified by the board as a land surveyor in training or a
3 land surveyor intern on or before January 1, 1995.
4 (4) A professional land surveyor shall be either:
5 (a) A land surveyor intern or an individual who meets the qualifications of
6 a land surveyor intern who has had at least four years or more combined office and
7 field experience in land surveying, including two years or more of progressive
8 experience on land surveying projects under the supervision of a professional land
9 surveyor, who is of good character and reputation, who has passed the oral and
10 written examinations required by the board, and who has satisfied the requirements
11 of R.S. 37:694.
12 (b) An individual who holds a valid license to engage in the practice of land
13 surveying issued to him by the proper authority of a state, territory, or possession of
14 the United States, or the District of Columbia, based on requirements that do not
15 conflict with the provisions of this Chapter and which were of a standard not lower
16 than that specified in the applicable licensure laws in effect in Louisiana at the time
17 such license was issued, who has passed a written an examination on the laws,
18 procedures, and practices pertaining to land surveying in Louisiana, who is of good
19 character and reputation, and who has satisfied the requirements of R.S. 37:694, and
20 if the state, territory, or possession, or the District of Columbia, in which he is
21 licensed will accept the licenses issued by the board on a reciprocal basis.
22 (5) A professional naval architect or marine engineer shall be either:
23 (a) An individual who holds a bachelor of science degree in naval
24 architecture and marine engineering, or an equivalent board approved curriculum,
25 from an accredited engineering curriculum of four years or more approved by the
26 board as being of satisfactory standing, who is of good character and reputation, who
27 has twenty or more years of progressive engineering experience in work acceptable
28 to the board, and who has satisfied the requirements of R.S. 37:694. This
29 Subparagraph shall become null, void, and of no further effect from and after
30 December 31, 2015.
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1 (b) An individual who holds a master of science degree in naval architecture
2 and marine engineering, or an equivalent board approved curriculum, or two
3 bachelor of science degrees in related engineering curricula, from an accredited
4 engineering curriculum approved by the board as being of satisfactory standing, who
5 is of good character and reputation, who has fifteen or more years of progressive
6 engineering experience in work acceptable to the board, and who has satisfied the
7 requirements of R.S. 37:694. This Subparagraph shall become null, void, and of no
8 further effect from and after December 31, 2015.
9 (c) An individual who holds a doctor of philosophy degree in naval
10 architecture and marine engineering, or an equivalent board approved curriculum,
11 from an accredited engineering curriculum approved by the board as being of
12 satisfactory standing, who is of good character and reputation, who has ten or more
13 years of progressive engineering experience in work acceptable to the board, and
14 who has satisfied the requirements of R.S. 37:694. This Subparagraph shall become
15 null, void, and of no further effect from and after December 31, 2015.
16 (d) An individual who has demonstrated long-standing experience in naval
17 architecture, who is of good character and reputation, who has thirty or more years
18 of progressive engineering experience in work acceptable to the board, and who has
19 satisfied the requirements of R.S. 37:694. This Subparagraph shall become null,
20 void, and of no further effect from and after December 31, 2015.
21 * * *
22 §695. Examinations
23 A. When oral or written examinations are required, they shall be at such time
24 and place as the board shall determine the board shall designate the time and place
25 of the examinations. The board shall issue to each such examinee a letter notifying
26 him that he has passed or failed the examination.
27 B. The scope and administration of the examinations shall be prescribed by
28 the board.
29 C. The board may assess the administrative costs as well as the actual costs
30 of the examination to the examinee.
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1 D.(1) The board, by rule, may require an individual who has failed an
2 examination required for licensure to appear before the board, or a committee
3 of the board, for an oral interview.
4 (2) The board may adopt rules in accordance with the Administrative
5 Procedure Act concerning the eligibility for licensure of an individual who has
6 failed an examination required for such licensure seven or more times.
7 * * *
8 §698. Disciplinary proceedings against licensees and certificate holders; procedure
9 * * *
10 C. The board shall have the power to take disciplinary action against a firm
11 if one or more of its officers, directors, managers, employees, agents, or
12 representatives is found by the board to be guilty of any of the acts or offenses listed
13 in Subsection A of this Section violate any provision of this Chapter.
14 * * *
15 §700. Enforcement proceedings against other persons; procedure
16 * * *
17 C. The board shall have the power to take enforcement action against a firm
18 if one or more of its officers, directors, managers, employees, agents, or
19 representatives is found by the board to be guilty of any of the acts or offenses listed
20 in Subsection A of this Section violate any provision of this Chapter.
21 * * *
22 Section 2. This Act shall become effective on January 1, 2021.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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