SENATE BILL REPORT

                   SB 5266

                As Passed Senate, March 6, 1997

Title:  An act relating to regulating engineers and land surveyors.

Brief Description:  Regulating engineers and land surveyors.

Sponsors:  Senators Horn, Fraser, Newhouse and Schow; by request of Department of Licensing.

Brief History:

Committee Activity:  Commerce & Labor:  1/30/97, 2/4/97 [DP].

Passed Senate, 3/6/97, 47-0.

SENATE COMMITTEE ON COMMERCE & LABOR

Majority Report:  Do pass.

  Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.

Staff:  Aurora Almeda (786-7488)

Background:  The Department of Licensing and the Board of Registration for Professional Engineers and Land Surveyors have identified a number of provisions in the Engineers and Land Surveyors Licensing statute that require modifications to update and make the department=s administrative procedures consistent, and to clarify the tasks and authority of the board.

Summary of Bill:  Two individuals may be appointed upon request to serve as pro-tem members on the board.  Temporary members must meet the same qualifications as regular members.  Temporary members must have the same powers, duties, and immunities of regular members.  Appointments must not last longer than 180 days.

The board conducts investigations upon its own motion or in response to a written, sworn statement of complaint concerning alleged violations of the statute or the rules adopted by the board.

Application requirements, such as a certified financial statement and statement of the experience of the corporation, are removed.  A professional service corporation is exempt from having to obtain a certificate of authorization from the board.  A partnership is exempt from having to obtain a certificate of authorization provided it employs a licensed individual. A certificate of authority is to be granted to limited liability companies.

Regulation, equivalent to that of engineering, is extended to land surveyors.

Appropriation:  None.

  Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed, except Section 4, which takes effect July 1, 1998.

Testimony For:  The elimination of a number of application requirements for corporations and partnerships offering engineering services would facilitate the administrative efficiency and effectiveness for the Board of Registration.  The purpose of application requirements for a certificate of authorization is to ensure the professional competence of the licensee and to protect the public.  Some of the existing requirements, such as the statement of experience, are superfluous because the certification procedures for professional engineers already require that he or she have professional experience or the equivalent.  Other requirements, such as the financial statement of a corporation, are irrelevant to the issue of public protection.

Testimony Against:  None.

Testified:  PRO:  Alan Rathburn, Executive Director, Board of Registration for Professional Engineers and Land Surveyors; Albert Hebrank, professional land surveyor, board member.

House Amendment(s):  The Board of Registration of Engineers and Land Surveyors may not independently initiate investigations on its own without receiving a complaint first.