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Senate Bill No. 401
(By Senators Snyder and Chafin)
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[Introduced February 28, 2013; referred to the Committee on
Government Organization; and then to the Committee on Finance .]
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A BILL to amend and reenact §30-13-6, §30-13-13, §30-13-15 and
§30-13-17 of the Code of West Virginia, 1931, as amended, all
relating to compensating members of the Board of Registration
for Professional Engineers at same rate as legislative interim
pay; providing for registration of engineers generally; adding
additional classifications of registration; setting forth
qualifications for engineer interns; updating examination
provisions to comport with changes at the national level; and
clarifying the certificate of authorization requirement.
Be it enacted by the Legislature of West Virginia:
That §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code
of West Virginia, 1931, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 13. ENGINEERS.
§30-13-6. Compensation and expenses.
Members of the board shall be compensated not to exceed $50
per diem for time at the same rate as is paid to members of the
Legislature for their interim duties as authorized by law for each
day or portion thereof spent in actually performing the duties of
the board and shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of board related
duties.
§30-13-13. General requirements for registration.
(a) To be eligible for admission to examination for
professional engineer, or engineer intern, an applicant must be of
good character and reputation and he or she shall submit five
references along with the application for registration as a
professional engineer. Three references shall be from professional
engineers having personal knowledge of the engineering experience
of the applicant. or in the case of an application for
certification as an engineer intern. The references shall be from
three persons knowledgeable of the applicant's character.
(a) (b) The following are minimum requirements for
qualification for registration as a professional engineer are: but
the board may require, by rule, additional examination to evidence
the applicant's knowledge of statutes, rules and design
requirements specific to this state:
(1) Registration by comity or endorsement.
(A) A person holding a certificate of registration to engage in the practice of engineering, issued by a proper authority of a
state or possession of the United States, the District of Columbia
or any a foreign country, based on requirements that do not
conflict with the provisions of this article and were possessing
credentials that are, in the judgment of the board, of a standard
not lower than that specified in the applicable registration
article in effect in this state at the time such certificate was
issued, may, upon application, be registered without further
examination. in accordance with board rule; or
____________________________________________(B) A person holding an active council record with the
National Council of Examiners for Engineering and Surveying (NCEES)
whose qualifications, as evidenced by the council record, meet the
requirements of this article may, upon application, be registered
without further examination; in accordance with board rule.
(2) Graduation, experience and examination. -- A graduate of
an engineering curriculum of four years or more approved by the
board as being of satisfactory standing and with a specific record
of an additional four years or more of progressive experience on
engineering projects of a grade and a character which indicates to
the board that the applicant may be competent to practice
engineering, shall be admitted to an eight-hour written examination
in the fundamentals of engineering and, if passed, then shall be
admitted to an eight-hour written examination in the principles and
practice of engineering. Registration by examination -- An engineer intern with a specific record of an addition four years or more of
progressive engineering experience as set forth in board rule, if
otherwise qualified shall be admitted to the NCEES examination in
the principles and practice of engineering. Upon passing such
examinations, the applicant shall be granted a certificate of
registration to practice engineering in West Virginia, provided the
applicant is otherwise qualified. and
(3) Engineering teaching. -- Engineering teaching of advanced
subjects and the design of engineering research and projects in a
college or university offering an approved engineering curriculum
of four years or more may be considered as engineering experience.
(b) The minimum requirements for registration as an engineer
intern are:
(1) Graduation from an engineering curriculum of four years or
more approved by the board as being of satisfactory standing; and
(2) Satisfactorily passing a written exam, eight hours in
duration, covering the fundamentals of engineering.
____________________________________________(c) A professional engineer may be given the following status
which does not allow him or her to practice or offer to practice
engineering in this state until his or her registration is
reinstated in accordance with section eighteen of this article:
____________________________________________(1) Professional engineer-retired. -- A registrant may apply
for retired status upon certification that he or she is no longer
practicing or offering to practice engineering in this state for remuneration.
____________________________________________(2) Professional engineer-inactive. -- A registrant may
request inactive status upon affirmation that he or she is no
longer practicing or offering to practice engineering in this
state.
____________________________________________(3) Professional engineer-lapsed. -- A registrant's license
is lapsed when the registrant does not respond to renewal notices
or pay the required renewal fees.
____________________________________________(4) Professional engineer-invalidated. -- A registrant's
license is invalidated when he or she is unable to provide
sufficient proof that any condition of renewal set forth in this
article or by board rule was met such as insufficient proof of the
requisite number of professional development hours required to
demonstrate continuing professional competency.
____________________________________________(d) Engineer Intern. -- Passing the fundamentals of
engineering examination and providing proof of graduation from an
engineering program of four years or more accredited by the
Engineering Accreditation Commission of the Accreditation Board for
Engineering and Technology (EAC/ABET), or the equivalent as set
forth in board rule or by board determination, is considered
minimum evidence that the applicant is qualified for certification
as an engineer intern. If meeting this requirement, the applicant
shall be certified or enrolled as an engineer intern, if otherwise
qualified. The applicant must be of good character and reputation and of sound mind and must submit references from three persons
knowledgeable of the applicant's character, reputation and mental
fitness with the application.
§30-13-15. Examinations.
(a) The board shall establish examination criteria including
the acceptable passing grade on examinations.
(b) Written examinations shall be given in two sections and
may be taken only after the applicant has met the other minimum
requirements and has been approved by the board for admission to
the examinations which are as follows: The examinations include:
(1) Engineering fundamentals. Fundamentals of Engineering. --
The examination consists of an eight-hour test period on subject
matters in the fundamentals of engineering. Passing this
examination qualifies the examinee for an engineer intern
certificate, provided the examinee has met all other requirements
for certification required by this article; and
(2) Principles and practice of engineering. -- The examination
consists of an eight-hour test period on subject matters in applied
engineering. Passing this examination qualifies the examinee for
registration as a professional engineer, provided the examinee has
met the other requirements for registration set forth in this
article.
____________________________________________(3) State specific examination. -- The examination consists of
subject matters specific to this state and the board may require, by rule, the examination to evidence the applicant's knowledge of
state statutes, rules and design requirements including the rules
of professional responsibility.
(c) A candidate failing one for registration as a professional
engineer who fails one principles and practice examination may
apply for reexamination, which may be granted upon payment of a fee
established by the board. In the event of a second failure, the
examinee may be required to appear before the board to present
evidence of having pursued further instruction in deficit areas.
(d) The board shall publish in brochure form and shall make
may prepare or adopt specifications for the engineering examination
by electronic or other means which shall be available to any person
interested in being registered the requirements and specifications
of the written examination. as a professional engineer.
§30-13-17. Certificates of authorization required; naming of
engineering firms.
(a) The practice of or offer to practice engineering by
consulting engineers registered under this article, through a firm,
corporation, copartnership, joint stock association or private
practitioner employing others, referred to hereinafter as a firm,
is permitted: Provided, That the person in direct control or
having personal supervision of the practice and all personnel who
act in behalf of the firm in professional matters are registered
under this article: Provided, however, That the firm No person or firm is authorized to practice or offer to practice engineering in
this state until the person or firm has been issued a certificate
of authorization by the board.
(b) A firm desiring a certificate of authorization must file
with the board an application using a form provided by the board
and the firm shall provide all the information required by the
board. A form as provided by the board is to be filed with the
board with the renewal fee and within thirty days of the time any
information contained on the form is changed or differs for any
reason. If the information contained on the form warrants action,
the board, in its judgment, may issue a certificate of
authorization for the firm to practice engineering and to contract
and collect fees for furnishing this service. A person or firm
desiring a certificate of authorization must file with the board
all the information required by the board on an application form
provided by the board. The required information shall include the
sworn statement of the engineer in responsible charge who is a
professional engineer registered in this state. The board shall
issue a certificate of authorization to an applicant who has met
all the requirements and paid the fees set forth in board rules.
(c) No firm shall be person or firm is relieved of
responsibility for the conduct or acts of its agents, employees,
officers or partners by reason of its due to compliance with the
provisions of this article. No individual practicing engineering under the provisions of this article shall be is relieved of
responsibility for engineering services performed by reason of due
to his or her employment or other relationship with a person or
firm holding an authorization certificate. a certificate of
authorization.
(d) An engineer who renders occasional, part-time or
consulting contract engineering services to or for a firm may not
for the purposes of this article, be designated as being
responsible in responsible charge for the professional activities
of the firm unless that engineer is an owner or principal of the
firm.
(e) Effective one year from the effective date of this
article, the Secretary of State shall stop issuing a certificate of
incorporation to an applicant or a registrant as a foreign firm to
a firm which includes, The Secretary of State may not issue a
certificate of authority or license to do business to an applicant
whose business includes, among the objectives for which it is
established, the words engineer, engineering or any modification or
derivation thereof unless the board of registration for this
profession has issued to the applicant or registrant a certificate
of authorization or a letter indicating eligibility to receive the
certificate. The certificate or letter from the board shall be
filed with the firm's application for incorporation or
registration. application filed with the Secretary of State to do business in West Virginia.
(f) Effective one year after the effective date of this
article, The Secretary of State shall decline to register any a
trade name or service mark which includes the words engineer,
engineering or modifications or derivatives thereof in its firm
business name or logotype except those firms holding authorization
certificates businesses holding a certificate of authorization
issued under the provisions of this article.
(g) The certificate of authorization may be renewed in
accordance with board rule upon payment of the required renewal
fee.
_____(h) It is the responsibility of a holder of a certificate of
authorization to notify the board of any change in information
previously submitted to the board.
NOTE: The purpose of this bill is to amend the compensation of
board members to comport with interim compensation of legislators,
to bring the code into compliance with changes occurring at the
national level regarding the examination for engineer interns, to
allow for emergency rules, to provide flexibility for future
changes in the administration of the professional engineering
examination and to clarify the requirement for certificates of
authorization.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.