Nevada 2019 Regular Session Status: Enacted

SB 407 — Revises provisions relating to professional engineers and professional land surveyors. (BDR 54-609)

Last action — Approved by the Governor. Chapter 268.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 21, 2019. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to professions; revising provisions governing public land survey corners; revising provisions governing professional engineers and professional land surveyors; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

327 added · 365 removed

327 line(s) added, 365 removed.

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(Reprinted with amendments adopted on May 22, 2019) FIRST REPRINT S.B.
Senate Bill No.
407 SENATE BILL NO .
407–Senators Brooks and Ratti CHAPTER..........
407–SENATORS BROOKS AND RATTI M ARCH 21, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to professional engineers and professional land surveyors.
(BDR 54-609) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law governs the practice of professional engineering and the practice of land surveying.
of land surveying.
(Chapter 625 of NRS) Existing law authorizes the State Board of for licensure and issue a license as a professional engineer or professional land surveyor under certain circumstances to applicants who took the examination for licensure before August 1, 2014.
(Chapter 625 of NRS) Existing law authorizes the State Board of Professional Engineers and Land Surveyors to waive the educational requirements for licensure and issue a license as a professional engineer or professional land surveyor under certain circumstances to applicants who took the examination for licensure before August 1, 2014.
(NRS 625.386) Section 3 of this bill eliminates the experience applicant meets the educational requirements.gible for certification only if the With certain exceptions, under existing law:
(NRS 625.386) Section 3 of this bill eliminates the experience requirements, thereby making an applicant eligible for certification only if the applWith certain exceptions, under existing law:
and (2) all engineering or land-surveying work done at such a place of business must be responsible charge of the work and is employed full-time at that place of business.
and (2) all engineering or land-surveying work done at such a place of business must be performed under the professional engineer or land surveyor who has been placed in responsible charge of the work and is employed full-time at that place of business.
(NRS 625.407) Section 4 of this bill eliminates the requirement that an engineering or land surveying business employ a professional engineer or land surveyor, as applicable, at each of its places of business and instead only requires that the business employ at least one such applicable professional for the entire business.
(NRS 625.407) Section 4 of this bill eliminates the requirement that an engineering or land surveying business employ a professional engineer or land surveyor, as applicable, at each of its places of business and instead only requires that the a result of this change, section 4 also eliminates the requirement that the work atAs each place of business of such a business be performed under a professional engineer or land surveyor that is employed at that place of business, thereby allowing for such supervision of work to occur remotely.
As a result of this change, section 4 also eliminates the requirement that the work at - *SB407_R1* – 2 – each place of business of such a business be performed under a professional engineer or land surveyor that is employed at that place of business, thereby allExisting law authorizes the Board to take various types of disciplinary actions against a licensee who violates the provisions governing the practice of professional engineering or land surveying, as applicable.
Existing law authorizes the Board to take various types of disciplinary actions against a licensee who violates the provisions governing the practice of professional engineering or land surveying, as applicable.
NAC 625.220) With certain exceptions, existing law makes it licensing requirements to use the term “engineer,” “engineering” or “engineered,” or any combination thereof, as a professional representation or means of advantage without disclosing that the person is not qualified, registered or licensed to practice professional engineering in Nevada.
NAC 625.220) With certain exceptions, existing law makes it unlawful for a person who is not properly licensed or who is not exempt from the licensing requirements to use the term “engineer,” “engineering” or “engineered,” or any combination thereof, as a professional representation or means of advantage - 80th Session (2019) – 2 – without disclosing that the person is not qualified, registered or licensed to practice use of those terms unlawful by the unlicensed person only when used in connectione with a specific discipline of engineering.
(NRS 625.520) Section 7 of this bill makes the use of those terms unlawful by the unlicensed person only when used in connection with a specific discipline of engineering.
Under existing law, it is the declared policy of the State to protect and perpetuate public land survey corners, which are used for legal descriptions of land.
perpetuate public land survey corners, which are used for legal descriptions of land.
surveyor to record a public land survey corner.
(NRS 329.020) Additionally, with certain exceptions, existing law requires a surveyor to record a public land survey corner.
Sections 9 and 10 of this bill make conforming changes.
Sections 9 and of this bill make conforming changes.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB407_R1* – 3 – 3.
3.
4.
- 80th Session (2019) – 3 – 4.
(a) Graduation from a college or university in a discipline of engineering with a master’s or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.
(a) Graduation from a college or university in a discipline of years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.
(b) Two of the 4 years of active experience must have been engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Boa(c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.
(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.
(c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.
and (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States, may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
and (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States, chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.
- *SB407_R1* – 4 – (a) Be of good character and reputation;
(a) Be of good character and reputation;
[Except as otherwise provided in NRS 625.285, an] An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.
[Except as otherwise provided in NRS 625.285, an] An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless the applicant is a graduate of a land-surveying curriculum of years or more that is approved by the Board and has a record of 4 - 80th Session (2019) – 4 – satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.
(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of experience in land surveying.erintendent, is not equivalent to active 5.
(b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.
A person who is not working in the field of land surveying professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.
5.
Sec.
A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the reqSec.
(a) Be] be a graduate of or in the final year of an engineering curriculum of 4 years or more that has been approved by the Board - *SB407_R1* – 5 – and have passed the examination on the fundamentals of engineering provided for in NRS 625.193 .
(a) Be] be a graduate of or in the final year of an engineering curriculum of 4 years or more that has been approved by the Board engineering provided for in NRS 625.193 .
or (b) Have had 4 years or more of experience in engineering work that is satisfactory to the Board and have passed the examination on the fundamentals of engineering provided for in NRS 625.193.] Sec.
ortals of (b) Have had 4 years or more of experience in engineering work that is satisfactory to the Board and have passed the examination on the fundamentals of engineering provided for in NRS 625.193.] Sec.
(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full-time at least one professional engineer or professional land surveyor, respectively ;
(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full-time at least one - 80th Session (2019) – 5 – at each place of business where the work is or will be performed;];
[, at each place of business where the work is or will be performed;] and (b) All engineering or land-surveying work done [at a place of business] must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full-time [at] by that [particular place of] business.
[, and (b) All engineering or land-surveying work done [at a place of business] must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full-time [at] by that [particular place of] business.
If the only professional engineer or professional land surveyor employed full-time [at] by a [place of] business [where] that performs engineering or land-surveying work [is performed] ceases to be employed [at that place of] by the business [, during the 30 days next following his or her departure:
If the only professional engineer or professional land surveyor employed full-time [at] by a [place of] business [where] that performs engineering or land-surveying work [is performed] ceases to be employed [at that place of] by the business [, during the days next following his or her departure:
within 30 days after the employment ceases, employ another full-shall, time [a] professional engineer or professional land surveyor .
(a) The place of business is not required to] , the business shall, within 30 days after the employment ceases, employ another full- time [a] professional engineer or professional land surveyor .
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and placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full-time at that place of business.] 3.
and (b) The professional engineer or professional land surveyor performed at the place of business is not required to be employedk full-time at that place of business.] 3.
Professional engineers and professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.
Professional engineers and professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and not registered or licensed.field of practice, or with persons who are 5.
- *SB407_R1* – 6 – 5.
or (b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.] Sec.
or (b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, - 80th Session (2019) – 6 – including offices established for the convenience of field survey crews or offices established for inspecting construction.] Sec.
625.460 1.
the Board present at the hearing vote in favor of finding the accused person guilty, the Board may:
If, after a hearing, a majority of the members of the Board present at the hearing vote in favor of finding the accused person guilty, the Board may:
probation for such periods as it deems necessary and, if the Board deems appropriate, require the licensee or applicant for licensure to economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the Board;
[(d)] (e) Place the licensee or applicant for licensure on probation for such periods as it deems necessary and, if the Board deems appropriate, require the licensee or applicant for licensure to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the Board;
625.520 1.
unlawful for:
Except as otherwise provided in subsection 4, it is unlawful for:
Except as otherwise provided in subsection 4, it is (a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:
(a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:
(2) Employ, use or cause to be used the term “licensed engineer,” “professional engineer” or “registered engineer” or any combination, variation or abbreviation thereof as a professional or - *SB407_R1* – 7 – commercial identification, representation, claim, asset or means of advantage or benefit;
(2) Employ, use or cause to be used the term “licensed engineer,” “professional engineer” or “registered engineer” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit;
(3) Employ, use or cause to be used the term “engineer,” “engineering” or “engineered” or any combination, variation or abbreviation thereof in connection with a discipline of professional engineering for which licensure is required pursuant to this chapter as a professional or commercial identification, representation, claim, asset or means of advantage or benefit without disclosing that the person is not qualified, registered or licensed to practice that discipline of professional engineering in this state;
(3) Employ, use or cause to be used the term “engineer,” “engineering” or “engineered” or any combination, variation or abbreviation thereof in connection with a discipline of professional engineering for which licensure is required pursuant to this chapter as a professional or commercial identification, - 80th Session (2019) – 7 – disclosing that the person is not qualified, registered or licensed to practice that discipline of professional engineering in this state;
revoked license.n to attempt to use an expired, suspended or (g) Any person to violate any of the provisions of this chapter.
(f) Any person to attempt to use an expired, suspended or rev(g) Any person to violate any of the provisions of this chapter.
practice that constitutes a violation of this chapter [, the] :act or (a) The Board may issue an order to cease and desist against the firm, partnership, corporation or other person;
2.
If any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter [, the] :
(a) The Board may issue an order to cease and desist against the firm, partnership, corporation or other person;
The provisions of subparagraph (3) of paragraph (a) of subsection 1 do not apply to any corporation using such a term in its corporate name, if the corporation:
The provisions of subparagraph (3) of paragraph (a) of subsection 1 do not apply to any corporation using such a term in its cor(a) Files its articles of incorporation with the Secretary of State;
(a) Files its articles of incorporation with the Secretary of State;
and (b) Files with the Board a written statement signed by a corporate officer under penalty of perjury in which the officer states that the corporation:
and - *SB407_R1* – 8 – (b) Files with the Board a written statement signed by a corporate officer under penalty of perjury in which the officer states that the corporation:
5.
- 80th Session (2019) – 8 – 5.
Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Any person who violates any of the provisions of subsection is guilty of a gross misdemeanor.
329.020 It is the purpose of this chapter to protect and perpetuate public land survey corners and other corners, along with information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for re-establishment and relocations of such corners once they are established and located.
329.020 It is the purpose of this chapter to protect and perpetuate public land survey corners and other corners, along with information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for re-establishment and relocations of such corners once they are estSec.
Sec.
Except as otherwise provided in subsection 2 and NRS 329.145, a surveyor shall complete, sign and record or cause to be recorded with the county recorder of the county in which the of a [public land survey] corner.
Except as otherwise provided in subsection 2 and NRS 329.145, a surveyor shall complete, sign and record or cause to be recorded with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a [public land survey] corner.
Except as otherwise provided inration subsection 2 and NRS 329.145, such a recording must be made for iseryestablished,dre-established, monumented,ry toremonumented,hich restored, rehabilitated, perpetuated or used as control in any survey.
Except as otherwise provided in subsection 2 and NRS 329.145, such a recording must be made for every [public land survey] corner and accessory to the corner which is established, re-established, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey.
- *SB407_R1* – 9 – TEXT OF REPEALED SECTIONS 625.203 Board may waive certain requirements for licensure as professional engineer for qualified applicants.
~~~~~ 19 - 80th Session (2019)
The licensure as a professional engineer pursuant to subsection 3 of NRS 625.183 and may issue a license to practice professional engineering to a person who:
1.
Before July 1, 2010, received approval from the Board to take the examination on the principles and practices of engineering pursuant to paragraph (b) of subsection 1 of NRS 625.193;
and 2.
Before August 1, 2014:
(a) Passes the examination for licensure pursuant to NRS 625.193;
and (b) Has a record of 10 years or more of active experience in engineering which is satisfactory to the Board and which indicates engineering work.petent to be placed in responsible charge of 625.285 Board may waive certain requirements for licensure as professional land surveyor for qualified applicants.
The Board may waive any requirement for education that is required for licensure as a professional land surveyor pursuant to subsection of NRS 625.270 and may issue a license to practice professional land surveying to a person who:
1.
Before July 1, 2010, received approval from the Board to take the examination on the principles and practices of land surveying pursuant to paragraph (b) of subsection 1 of NRS 625.280;
and pursuant to NRS 625.280.2014, passes the examination for licensure H - *SB407_R1*
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 268.

  2. Enrolled and delivered to Governor.

  3. In Senate. Assembly Amendment No. 712 concurred in. To enrollment.

  4. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 712.) To printer.

  6. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  7. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  8. From committee: Do pass. Placed on Second Reading File. Read second time.

  9. From printer. To committee.

  10. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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Frequently asked questions

What does SB 407 do?
AN ACT relating to professions; revising provisions governing public land survey corners; revising provisions governing professional engineers and professional land surveyors; and providing other matters properly relating thereto.
Who sponsors SB 407?
SB 407 is sponsored by Julia Ratti and Chris Brooks.
What is the current status of SB 407?
This bill has been enacted into law. Introduced March 21, 2019. Enacted.
Where can I track SB 407?
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