HB 516 — Professions and businesses; profession of professional structural engineer; provide

Summary

A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for the profession of professional structural engineer; to provide for definitions; to provide for continuing education requirements; to provide for unlawful practices; to provide for the issuance of certificates of registration for such professionals; to provide for registration by comity; to provide for certificates of registration; to provide for use of a seal; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 11 section(s) of the Official Code of Georgia Annotated: O.C.G.A. § 43-4B-1; O.C.G.A. § 43-4B-2; O.C.G.A. § 43-15-2; O.C.G.A. § 43-15-7; O.C.G.A. § 43-15-8; O.C.G.A. § 43-15-10.

• O.C.G.A. § 43-4B-1

  (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) (O) International Kick Boxing Federation; or (P) → HB 516/AP (J) Professional Karate Commission; or (K) The local affiliate of any organization listed in this paragraph."

  amended

• O.C.G.A. § 43-4B-2

  (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) (O) International Kick Boxing Federation; or (P) → d title is further amended by revising subsection (a) of Code Section 43-4B-2, relating to lication of provisions of such chapter, as follows: a) The provisions of this chapter shall not be construed to apply to any match, contest, r exhibition: (1) In which the contestants are all amateurs; and (2) Which is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) Professional Karate Commission; or (K) The local affiliate of any organization listed in this paragraph."

  amended

• O.C.G.A. § 43-15-2

  d title is further amended in Code Section 43-15-2, relating to definitions, by adding two paragraphs to read as follows: "(12) 'Professional structural engineer' means a professional engineer with specialized knowledge and expertise in the practice of structural engineering. Such person shall be qualified by reason of knowledge of mathematics, physical sciences, and principles by 9 HB 516/AP which mechanical properties of matter are made useful to man in structures, acquired through professional education and practical experience, to engage in the practice of structural engineering. Such persons shall further possess a current certificate of registration as a professional structural engineer issued by the board. (13) 'Structural engineering' means the practice of a specialized branch of professional engineering involving the design or analysis of designated structures as defined by the board, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, analyzing, or responsible supervision of construction or operation, in connection with any public or private designated structures, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of structural engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice structural engineering, within the meaning of this chapter, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself or herself out as a professional structural engineer or as able or qualified to perform structural engineering services or who does perform any of the services set out in this paragraph."

  amended

• O.C.G.A. § 43-15-7

  aid title is further amended in Code Section 43-15-7, relating to unlawful practice as a ofessional engineer or land surveyor, by adding a new subsection to read as follows: "(c) It shall be unlawful for any person other than a professional structural engineer to practice or to offer to practice structural engineering in this state."

  amended

• O.C.G.A. § 43-15-8

  aid title is further amended adding a new Code section to read as follows: 43-15-9.1." To be eligible for a certificate of registration as a professional structural engineer, an applicant must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years' experience in structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); or (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); or (3) Any applicant seeking a certificate of registration as a professional structural engineer prior to January 1, 2021, who already holds a valid certificate of registration as a professional engineer from the board, has a record of practice which is primarily in the practice of structural engineering, and is currently engaged in the practice of structural engineering may submit a signed affidavit on a form prescribed by the board stating as much. Based upon such affidavit and any other means the board may deem necessary to determine verification of practice in the area of structural engineering by an applicant, the 9 HB 516/AP board shall grant a certificate of registration as a professional structural engineer. On or after January 1, 2021, no certificate of registration as a professional structural engineer shall be issued unless the requirements of paragraphs (1) or (2) of this Code section and

  amended

• O.C.G.A. § 43-15-10

  or → aid title is further amended in Code Section 43-15-10, relating to evaluation of engineering perience, by revising the introductory language of subsection (a) as follows: (a) For the purpose of determining whether an applicant has acquired the experience" required under Code Section 43-15-8, 43-15-9, or 43-15-9.1:"

  amended

• O.C.G.A. § 43-15-16

  Engineering → aid title is further amended in Code Section 43-15-16, relating to registration and licensure y comity, by revising subsection (a) as follows: "(a) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a certificate of registration as a professional engineer or professional structural engineer to any individual who holds a certificate of qualification or registration issued to him or her by proper authority of the National Council of Examiners for Engineering and Surveying or of any state or territory or possession of the United States if the requirements of the registration of professional engineers or professional structural engineers under which the certificate of qualification or registration was issued do not conflict with this chapter and are of a standard not lower than that specified in this chapter or if the applicant held such certificate on or before July 1, 1956. The fact that the statute under which the individual was issued a certificate of qualification or registration in another state does not provide that the required written examination be passed subsequent to the acquisition of the required experience shall not be deemed as a conflict with, or lower than, the Georgia requirements, provided that the written examination and the amount of experience required for registration are substantially equivalent to the Georgia requirements."

  amended

• O.C.G.A. § 43-15-22

  aid title is further amended in Code Section 43-15-22, relating to r required to btain seal, inscription, purpose, a d fraudulent use of seal, by revisi ction (a) as llows: "(a) Every professional engineer nd professional land surveyor regi licensed, as applicable, under this chapter sha l, upon receipt of a certificate of re or license, obtain a seal of the design autho ized by the board, bearing the regi r licensee's name, certificate or license number, and the legend 'Professional E 'Registered Professional Structural Engineer,' or ' Professional Land Surveyor,' in certificate of registration e."

  amended

• O.C.G.A. § 43-15-24

  aid title is further amend sing Code Section 43-15-24, relati ructures jeopardizing he ty, or welfare, exceptions, and re rmits, as follows: "43-15-24. (a) It shall be unlawful te or any of its political subdivisio municipality, or school d agencies thereof, or for any private to engage in the construc y work or structures involving prof or structural engineering the nature of their function or exist afety, or welfare of the public u under the direct supervision or re ecuted under the direct supervisio or professional structural engineer 9 HB 516/AP (c) Any county, munici lity, or other governin in this state that issues building permits is required to m tain a permanent recor e permit application and issuance thereon indicating the me of the professional eer or architect or professional structural engineer, if a y, who has sealed the specifications, plats, or s ursuant to which said b lding permit is issued. ecord shall include detai e ze, type of building or ructure, use for said bui r structure, and estimate f onstruction."

  amended

• O.C.G.A. § 43-15-21

  d title is further amend in Code Section 43-15 elating to exceptions to o n hapter, by revising su ections (b) through (d) ows: b) The following pers s shall be exempt from hapter: (1) An individual wor ng as an employee or a dinate of an individual h a certificate of registrati or license under this c or an employee of an in l practicing lawfully un er Code Section 43-15- ovided that such work t include final design de isions and is done unde upervision of, and respo y therefor is assumed by, n individual holding a c te of registration or licen r this chapter or an indiv ual practicing lawfully (2) Officers and emplo ees of the government of nited States while engage n this state in the practi of professional engin , structural engineering, d surveying for such gov rnment; (3) All elected officer f the political subdivisi f professional engineeri , structural engineering, f their official duties; (4) Officers and empl y Title 46, while engag , structural engineering, 9 HB 516/AP (7) Any officer or employee of a state government agency or department, county or municipal government, regional commission, or utility authority who is engaged in the gathering, processing, managing, and sharing of geospatial and photogrammetric data for cataloging or mapping purposes for his or her respective agency. (c) This chapter shall not be construed as requiring registration or licensing for the purpose of practicing professional engineering, structural engineering, or land surveying by an individual, firm, or corporation on property owned or leased by such individual, firm, or corporation unless the same involves the public safety or public health or for the performance of engineering which relates solely to the design or fabrication of manufactured products. (d) This chapter shall not be construed to prevent or affect the practice of professional engineering, structural engineering, and land surveying with respect to utility facilities by any public utility subject to regulation by the Public Service Commission, the Federal Communications Commission, the Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time permanent employees of any such public utility, including its parents, affiliates, or subsidiaries, except where such practice involves property lines of adjoining property owners, provided that this exception does not extend to any professional engineer, professional structural engineer, or professional land surveyor engaged in the practice of professional engineering, structural engineering, or land surveying whose compensation is based in whole or in part on a fee or to any engineering services performed by the utility companies referenced in this subsection not directly connected with work on their facilities."

  amended

• O.C.G.A. § 43-15-30

  aid title is further amended in Code Section 43-15-30, relating to unlawful acts, by revising bsection (e) as follows: "(e) Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words 'Engineer,' 'Engineers,' 'Professional Engineering,' 'Engineering,' or 'Engineered,' 'Professional Structural Engineer,' 'Professional Structural Engineers,' 'Structural Engineer,' 'Structural Engineers,' 'Structural Engineering,' or 'Structurally Engineered'

  amended

Action History

1. May 10, 2019

   Veto V6

2. May 10, 2019

   House Date Signed by Governor

3. April 11, 2019

   House Sent to Governor

4. April 02, 2019

   Senate Agreed House Amend or Sub

5. April 02, 2019

   Senate Reconsidered

6. April 02, 2019

   Senate Agreed House Amend or Sub

7. April 02, 2019

   House Agreed Senate Amend or Sub As Amended

8. March 28, 2019

   Senate Passed/Adopted By Substitute

9. March 28, 2019

   Senate Third Read

10. March 22, 2019

    Senate Read Second Time

11. March 21, 2019

    Senate Committee Favorably Reported By Substitute

12. March 08, 2019

    Senate Read and Referred

13. March 07, 2019

    House Passed/Adopted

14. March 07, 2019

    House Third Readers

15. March 04, 2019

    House Committee Favorably Reported

16. March 01, 2019

    House Second Readers

17. February 28, 2019

    House First Readers

18. February 27, 2019

    House Hopper

Sponsors

• Vance Smith · Primary
• Brett Harrell · Primary
• Kasey Carpenter · Primary
• Lee Hawkins · Primary
• Robert Trammell · Primary

Votes

Subjects