SLS 20RS-269 ORIGINAL
2020 Regular Session
SENATE BILL NO. 125
BY SENATOR HEWITT
ENGINEERS. Provides relative to the Louisiana Professional Engineering and Land
Surveying Board. (8/1/20)
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), relative
4 to the Louisiana Professional Engineering and Land Surveying Board; to provide for
5 board membership and qualifications of the members; to provide for licensure
6 requirements of professional engineers; to provide for examinations; to remove
7 provisions relative to professional naval architects and marine engineers; to provide
8 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 hereby amended and reenacted and R.S.
13 37:682(16) 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 * * *
Page 1 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 (4) "Dual licensee" shall mean any person practicing or seeking to
2 practice both engineering and land surveying in the state of Louisiana who has
3 received both licenses from the board and is otherwise in good standing with the
4 board. This term is often used synonymously with the term "dual registrant".
5 (4)(5) "Engineer" or "professional engineer" shall mean an individual who,
6 by reason of his special knowledge and ability to apply the mathematical, physical,
7 and engineering sciences and the principles and methods of engineering analysis and
8 design, acquired by an engineering education and engineering experience, is
9 qualified to practice engineering, as evidenced by his licensure as such by the board.
10 (5)(6) "Engineer intern" shall mean an individual who has complied with the
11 requirements for education, experience, and character and has passed an examination
12 in the fundamental engineering subjects, as provided in this Chapter, and has been
13 issued a certificate by the board.
14 (6)(7) "Firm" shall mean any domestic or foreign firm, partnership,
15 association, cooperative, venture, corporation, limited liability company, limited
16 liability partnership, or any other entity.
17 (7)(8) "Land surveyor" or "professional land surveyor" shall mean an
18 individual who is qualified to practice land surveying, as evidenced by his licensure
19 as such by the board.
20 (8)(9) "Land surveyor intern" shall mean an individual who has complied
21 with the requirements for education, experience, and character and has passed an
22 examination in the fundamental surveying subjects, as provided in this Chapter, and
23 has been issued a certificate by the board.
24 (9)(10) "Licensee" shall mean any person practicing or seeking to practice
25 engineering or land surveying in the state of Louisiana that has received a license
26 from the board and is otherwise in good standing with the board. The term is often
27 used synonymously with the term "registrant".
28 (10)(11) "Licensed" or "licensure" shall mean the recognition granted by the
29 board and its issuance of a license to any person to practice engineering or land
Page 2 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 surveying in the state of Louisiana. These terms are often used synonymously with
2 the terms "registered" or "registration".
3 (11)(12) "Person" shall mean any individual or firm.
4 (12)(a)(13)(a) "Practice of engineering" shall mean responsible professional
5 service which may include consultation, investigation, evaluation, planning,
6 designing, or inspection of construction in connection with any public or private
7 utilities, structures, machines, equipment, processes, works, or projects wherein the
8 public welfare or the safeguarding of life, health, and property is concerned or
9 involved, when such professional service requires the application of engineering
10 principles and the interpretation of engineering data.
11 (b) A person shall be construed to practice or offer to practice engineering:
12 who practices in any discipline of the profession of engineering; or who, by verbal
13 claim, sign, advertisement, letterhead, card, or in any other way represents himself
14 to be a professional engineer; or who represents himself as able to perform; or who
15 does perform any engineering service or work or any other professional service
16 designated by the practitioner or recognized by educational authorities as
17 engineering. The practice of engineering shall not include the work ordinarily
18 performed by a person who himself operates or maintains machinery or equipment.
19 (13)(a)(14)(a) "Practice of land surveying" shall include the measuring of
20 areas, land surfaces, streams, bodies of water, and swamps for correct determination
21 and description, for the establishment, reestablishment, ascertainment, or description
22 of land boundaries, corners, divisions, distances, and directions, the plotting and
23 monumenting of lands and subdivisions thereof, and mapping and topographical
24 work.
25 (b) A person shall be construed to practice or offer to practice land surveying
26 who engages in land surveying and who by verbal claim, sign, advertisement,
27 letterhead, card, or in any other way represents himself to be a land surveyor, or who
28 represents himself as able to perform or who does perform any land surveying
29 service or work, or any other service designated by the practitioner which is
Page 3 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 recognized as land surveying.
2 (14)(15) "Responsible charge" shall mean the direct control and personal
3 supervision of engineering or land surveying service or work, as the case may be.
4 (15)(16) "Responsible professional services" shall mean the technical
5 responsibility, control, and direction of the investigation, design, or construction of
6 engineering service or work requiring initiative, engineering ability, and its use of
7 independent judgment.
8 §683. Board; appointments; terms
9 A.(1) The Louisiana Professional Engineering and Land Surveying Board is
10 hereby created, whose duty it shall be to administer the provisions of this Chapter.
11 The board shall consist of eleven members, nine of whom shall be licensed
12 professional engineers, and two of whom shall be licensed professional land
13 surveyors.
14 (2) At least two members of the board shall be licensed professional
15 engineers who are active engaged in the private practice of engineering. For the
16 purposes of this Section, an a professional engineer engaged in the private practice
17 of engineering is a person legally qualified in the profession of engineering who
18 practices engineering as a principal business and who provides analytical, creative
19 design, and design implementation capabilities devoid of judgment-biasing
20 commercial or product affiliations to clients on a fee basis. At least two of the
21 members of the board shall be licensed professional engineers in government
22 employment, at least two of the members of the board shall be licensed professional
23 engineers employed in the field of industry, at least two of the members of the board
24 shall be licensed professional engineers employed in the field of education, and at
25 least one member of the board shall be a licensed professional engineer employed
26 in the field of construction. Two At least two members of the board shall be licensed
27 professional land surveyors who are actively engaged in the field of land surveying.
28 B.(1) The governor shall appoint members to the board from among licensed
29 professional engineering engineer nominees recommended by the Louisiana
Page 4 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 Engineering Society or its duly recognized successor, and from among licensed
2 professional land surveyor nominees recommended by the Louisiana Society of
3 Professional Surveyors or its duly recognized successor. All such nominees shall
4 have the qualifications required by R.S. 37:684.
5 (2) At least five three nominations shall be made for each appointment
6 required, which and each appointment shall be made by the governor in the same
7 manner as the predecessor appointees were selected.
8 (3)(a) All appointments to the board shall be for terms of not less than five
9 nor more than six years. All appointments shall be for such periods of time as to
10 ensure that the terms of not more than two board members end per year, and shall
11 expire on March thirty-first of the expiration year, regardless of the date on which
12 the successor was appointed and qualified. Notwithstanding any provision of this
13 Paragraph to the contrary, the terms of any board members appointed before March
14 31, 2006, shall expire on March thirty-first of the calendar year following their
15 original expiration year.
16 (b) Notwithstanding any provision of this Paragraph to the contrary, the term
17 of the licensed professional land surveyor scheduled to expire on March 31, 2010,
18 shall be extended to March 31, 2012. The term scheduled to expire on March 31,
19 2012, of the licensed professional engineer in government employment shall be
20 extended to March 31, 2015. The provisions of this Subparagraph shall expire on
21 April 1, 2015.
22 * * *
23 C. Each member of the board shall receive a certificate of appointment from
24 the governor, and before beginning his term of office, shall file with the secretary of
25 state his written oath or affirmation for faithful discharge of his official duty. Each
26 member shall serve until his successor has been appointed and qualified. It shall be
27 the duty of the president of the Louisiana Engineering Society, in the case of licensed
28 the professional engineers engineer nominees, or the president of the Louisiana
29 Society of Professional Surveyors, in the case of the licensed professional land
Page 5 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 surveyors surveyor nominees, duly authorized and acting on behalf of the their
2 respective society societies to make the nominations described above within sixty
3 days after receipt of notice of the death, resignation, or removal of a member of the
4 board, and at least thirty days prior to the expiration of the term of a member of the
5 board.
6 * * *
7 §684. Qualification of board members
8 Each member of the board shall be a citizen of the United States and a
9 resident of this state, and shall have been engaged in the practice or teaching of
10 engineering or, in the case of the professional land surveyor members, the practice
11 or teaching of land surveying, as the case may be, for at least twelve years, and shall
12 have been in responsible charge of important engineering or land surveying work,
13 as the case may be, for at least five years. Responsible For the purposes of this
14 Section, responsible charge of engineering or land surveying teaching may be
15 construed as responsible charge of important engineering or land surveying work.
16 * * *
17 §686. Removal of members for cause
18 A. The governor may remove any member of the board for misconduct,
19 incompetency, or neglect of duty. Vacancies in the membership of the board shall
20 be filled for the unexpired term by appointment by the governor, as provided in R.S.
21 37:683. Before the governor can remove a member for cause, he must serve the
22 member with a written statement of charges against him and afford him an
23 opportunity to be heard publicly on such charges. If the member thus served does
24 not request a public hearing within ten days after service, the governor may proceed
25 with his removal. If the member does request such a public hearing, it shall be heard
26 by a special committee composed of three persons, namely: an as follows:
27 (1)(a) If the member requesting the hearing is a professional engineer,
28 a professional engineer appointed by the president of the Louisiana Engineering
29 Society shall serve on the committee and shall be the chairman.
Page 6 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 (b) or, in the case of land surveyor members, If the member requesting the
2 hearing is a professional land surveyor, a professional land surveyor appointed
3 by the president of the Louisiana Society of Professional Land Surveyors, shall
4 serve on the committee and shall be the to serve as chairman;.
5 (2) and two Two deans from Louisiana colleges of engineering that have
6 Accreditation Board for Engineering and Technology, Inc. approved curricula to be
7 chosen by the board.
8 B. The recommendation of this committee shall be binding upon the
9 governor. A copy of the charges, a transcript of the record of the hearing, and a copy
10 of the recommendation shall be filed with the secretary of state.
11 * * *
12 §693. Requirements for licensure as a professional engineer or professional land
13 surveyor, and for certification as an engineer intern or land surveyor
14 intern
15 A.(1) The board shall license or certify, as the case may be, each applicant
16 as an engineer intern, a land surveyor intern, a professional engineer, or a
17 professional land surveyor, as specified herein, as requested by the applicant when,
18 in the opinion of the board, the applicant has met the requirements of this Chapter
19 and is proficient and qualified to practice as such.
20 (2) Professional engineers will shall be issued licenses by the board as a
21 professional engineer. The board shall list a professional engineer in one or more of
22 the disciplines of engineering approved by the National Council of Examiners for
23 Engineering and Surveying to signify the area in which the professional engineer
24 has demonstrated competence pursuant to education, experience, and examination.
25 The professional engineer may use a stamp seal that designates the discipline of
26 engineering in which the board has listed the professional engineer or a stamp
27 seal that identifies the licensee as a professional engineer.
28 B. The minimum requirements for licensure or certification by the board shall
29 be as follows:
Page 7 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 (1) An engineer intern shall be either: any of the following:
2 (a) A graduate of an accredited engineering curriculum of four years or more
3 approved by the board as being of satisfactory standing, who is of good character and
4 reputation, who has passed the written or electronic examinations required by the
5 board, and who has satisfied the requirements of R.S. 37:694.
6 (b) A graduate of a nonaccredited engineering or related science or
7 technology curriculum of four years or more, approved by the board as being of
8 satisfactory standing, who has obtained a graduate degree from a university having
9 an accredited undergraduate engineering curriculum in the same discipline or sub-
10 discipline, approved by the board as being of satisfactory standing, who is of good
11 character and reputation, who has passed the written or electronic examinations
12 required by the board, and who has satisfied the requirements of R.S. 37:694.
13 (c) A graduate of a nonaccredited engineering curriculum of four years or
14 more approved by the board as being of satisfactory standing, who has met the
15 requirements for progressive engineering experience in work acceptable to the board,
16 who is of good character and reputation, who has passed the written or electronic
17 examinations required by the board, and who has satisfied the requirements of
18 R.S. 37:694.
19 (2) A professional engineer shall be either: any of the following:
20 (a) An engineer intern, or an individual who meets the qualifications to be an
21 engineer intern, who has met the requirements for progressive engineering
22 experience in work acceptable to the board, who is of good character and reputation,
23 who has passed the written or electronic examinations required by the board, and
24 who has satisfied the requirements of R.S. 37:694.
25 (b) An individual who holds a valid license to engage in the practice of
26 engineering issued to him by proper authority of a state, territory, or possession of
27 the United States, or the District of Columbia, based on requirements that do not
28 conflict with the provisions of this Chapter and which were of a standard not lower
29 than that specified in the applicable licensure laws in effect in Louisiana at the time
Page 8 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 such license was issued, who is of good character and reputation, and who has
2 satisfied the requirements of R.S. 37:694, and if the state, territory, or possession, or
3 the District of Columbia, in which he is licensed will accept the license issued by the
4 board on a reciprocal basis.
5 (c) A graduate of an accredited engineering curriculum of four years or
6 more approved by the board as being of satisfactory standing, who has twenty
7 years or more of progressive engineering experience in work acceptable to the
8 board, is of good character and reputation, has passed the examinations
9 required by the board, and has satisfied the requirements of R.S. 37:694.
10 (3) A land surveyor intern shall be either:
11 (a) A graduate holding a baccalaureate degree from a curriculum of four
12 years or more who has completed at least thirty semester credit hours, or the
13 equivalent approved by the board, in courses involving land surveying, mapping, and
14 real property approved by the board, who is of good character and reputation, who
15 has passed the oral and written examinations required by the board, and who has
16 satisfied the requirements of R.S. 37:694.
17 (b) An individual certified by the board as a land surveyor in training or a
18 land surveyor intern on or before January 1, 1995.
19 (4) A professional land surveyor shall be either:
20 (a) A land surveyor intern or an individual who meets the qualifications of
21 a land surveyor intern who has had at least four years or more combined office and
22 field experience in land surveying, including two years or more of progressive
23 experience on land surveying projects under the supervision of a professional land
24 surveyor, who is of good character and reputation, who has passed the oral and
25 written examinations required by the board, and who has satisfied the requirements
26 of R.S. 37:694.
27 (b) An individual who holds a valid license to engage in the practice of land
28 surveying issued to him by the proper authority of a state, territory, or possession of
29 the United States, or the District of Columbia, based on requirements that do not
Page 9 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 conflict with the provisions of this Chapter and which were of a standard not lower
2 than that specified in the applicable licensure laws in effect in Louisiana at the time
3 such license was issued, who has passed a written an examination on the laws,
4 procedures, and practices pertaining to land surveying in Louisiana, who is of good
5 character and reputation, and who has satisfied the requirements of R.S. 37:694, and
6 if the state, territory, or possession, or the District of Columbia, in which he is
7 licensed will accept the licenses issued by the board on a reciprocal basis.
8 (5) A professional naval architect or marine engineer shall be either:
9 (a) An individual who holds a bachelor of science degree in naval
10 architecture and marine engineering, or an equivalent board approved curriculum,
11 from an accredited engineering curriculum of four years or more approved by the
12 board as being of satisfactory standing, who is of good character and reputation, who
13 has twenty or more years of progressive engineering experience in work acceptable
14 to the board, and who has satisfied the requirements of R.S. 37:694. This
15 Subparagraph shall become null, void, and of no further effect from and after
16 December 31, 2015.
17 (b) An individual who holds a master of science degree in naval architecture
18 and marine engineering, or an equivalent board approved curriculum, or two
19 bachelor of science degrees in related engineering curricula, from an accredited
20 engineering curriculum approved by the board as being of satisfactory standing, who
21 is of good character and reputation, who has fifteen or more years of progressive
22 engineering experience in work acceptable to the board, and who has satisfied the
23 requirements of R.S. 37:694. This Subparagraph shall become null, void, and of no
24 further effect from and after December 31, 2015.
25 (c) An individual who holds a doctor of philosophy degree in naval
26 architecture and marine engineering, or an equivalent board approved curriculum,
27 from an accredited engineering curriculum approved by the board as being of
28 satisfactory standing, who is of good character and reputation, who has ten or more
29 years of progressive engineering experience in work acceptable to the board, and
Page 10 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 who has satisfied the requirements of R.S. 37:694. This Subparagraph shall become
2 null, void, and of no further effect from and after December 31, 2015.
3 (d) An individual who has demonstrated long-standing experience in naval
4 architecture, who is of good character and reputation, who has thirty or more years
5 of progressive engineering experience in work acceptable to the board, and who has
6 satisfied the requirements of R.S. 37:694. This Subparagraph shall become null,
7 void, and of no further effect from and after December 31, 2015.
8 * * *
9 §695. Examinations
10 A. When oral or written examinations are required, they shall be at such time
11 and place as the board shall determine the board shall designate the time and place
12 of such examinations. The board shall issue to each such examinee a letter notifying
13 him that he has passed or failed the examination.
14 B. The scope and administration of the examinations shall be prescribed by
15 the board.
16 C. The board may assess the administrative costs as well as the actual costs
17 of the examination to the examinee.
18 D.(1) The board, by rule, may require an individual who has failed an
19 examination required for licensure to appear before the board, or a committee
20 of the board, for an oral interview.
21 (2) The board may adopt rules in accordance with the Administrative
22 Procedure Act concerning the eligibility for licensure of an individual who has
23 failed an examination required for such licensure seven or more times.
24 * * *
25 698. Disciplinary proceedings against licensees and certificate holders; procedure
26 * * *
27 C. The board shall have the power to take disciplinary action against a firm
28 if one or more of its officers, directors, managers, employees, agents, or
29 representatives is found by the board to be guilty of any of the acts or offenses listed
Page 11 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
1 in Subsection A of this Section violates any provision of this Chapter.
2 * * *
3 §700. Enforcement proceedings against other persons; procedure
4 * * *
5 C. The board shall have the power to take enforcement action against a firm
6 if one or more of its officers, directors, managers, employees, agents, or
7 representatives is found by the board to be guilty of any of the acts or offenses listed
8 in Subsection A of this Section. violates any provision of this Chapter.
9 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 125 Original 2020 Regular Session Hewitt
Present law provides relative to the regulation of engineers and land surveyors.
Present law provides for definitions. Proposed law adds the term "dual licensee" and defines
it to mean any person practicing or seeking to practice both engineering and land surveying
in the state who has a received both licenses from the board and is otherwise in good
standing with the board.
Present law provides for members of the board and removal of board members.
Proposed law retains present law.
Present law provides for licensure requirements of a professional engineer as follows:
(1)An engineer intern who has met the requirements for progressive engineering
experience in work acceptable to the board, who is of good character and reputation,
who has passed the required examinations, and who has satisfied the application and
submits the required fee.
(2)An individual who holds a valid license to engage in the practice of engineering
issued to him by another state, based on requirements that do not conflict with the
provisions of La. law, and which were of a standard not lower than that specified in
the applicable licensure laws in effect in La. at the time the license was issued, who
is of good character and reputation, and who has satisfied the application
requirements, and if the state, territory, or possession, or the District of Columbia,
in which he is licenced will accept the license issued by the board on a reciprocal
basis.
Proposed law retains present law and provides that a professional engineer shall be a
graduate of a board approved engineering curriculum, who has 20 years or more of
progressive engineering experience in work acceptable to the board, who is of good
character and reputation, who has passed the examinations required by the board, and who
has satisfied the requirements of application requirements.
Page 12 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 125
SLS 20RS-269 ORIGINAL
Present law provides for the licensure requirements of a professional naval architect or
marine engineer.
Proposed law removes provisions of present law.
Present law provides relative to examinations for licensure.
Proposed law authorizes the board to require an individual who failed an examination to
appear before the board for an oral interview.
Proposed law authorizes the board to adopt rules concerning eligibility for licensure of an
individual who has failed an examination seven or more times.
Present law grants disciplinary and enforcement action to the board for certain acts and
offenses committed by an officer, director, manager, employee, agent, or representative of
a firm.
Proposed law retains present law and adds acts and offenses subject to disciplinary and
enforcement actions by the board.
Effective August 1, 2020.
(Amends R.S. 37:682(4)-(15), 683(A), (B)(1), (2), and (3), and (C), 684, 686, 693(A) and
(B), 695, 698(C), 700(C); adds R.S. 37:682(16))
Page 13 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.