Reference is to Printer's Date 04/26/16-S.
Amend the bill, as and if amended, Section 40-22-20, as contained in SECTION 3, by deleting the SECTION in its entirety and inserting:
/ SECTION 3. Section 40-22-20 of the 1976 Code is amended to read:
"Section 40-22-20.
As used in this chapter:
(1) 'ABET' means the
Accreditation Board for Engineering and Technology. 'EAC' means
the Engineering Accreditation Commission of ABET. 'TAC' or
'ETAC' means the Engineering Technology Accreditation
Commission of ABET.
(2) 'Approved
engineering curriculum' means an engineering program of four or
more years determined by the board to be substantially
equivalent to that of an EAC/ABET accredited curriculum or
the NCEES Engineering Education Standard.
(3) RESERVED.
(4)
'Board' means the South Carolina State Board of
Registration for Professional Engineers and Surveyors created
pursuant to this chapter.
(54)
'Branch office' means a place of business separate from
the principal place of business where engineering services or
surveying services are provided. A specific project or
construction site office is not a branch office. Nothing
contained in this chapter prevents a professional engineer or
professional surveyor from undertaking an engineering
project or a surveying project anywhere in the State.
(65)
'Current certificate of registration' means a license to
practice which has not expired or has not been revoked and which
has not been suspended or otherwise restricted by the board.
(76)
'Department' means the Department of Labor, Licensing and
Regulation.
(87)
'Design coordination' includes the review and coordination
of those technical submissions prepared by others, including as
appropriate and without limitation, consulting engineers,
architects, landscape architects, surveyors, and other
professionals working under the direction of the engineer.
(98)
'Direct responsibility', 'direct supervisory control',
'direct supervision', and 'responsible charge' all
mean means that there is a clear-cut personal
connection to the project or employee supervised, marked by
firsthand knowledge and direct control and assumption of
professional responsibility for the work.
(9) 'Emeritus
engineer' or 'emeritus surveyor' means a professional engineer
or surveyor who has been registered for fifteen consecutive
years or longer and who is sixty-five years of age or older and
who has retired from active practice.
(10)
'Engaged in practice' means holding one's self out to
the public as being qualified and available to perform
engineering or surveying services.
(1011)
'Engineer' means a professional engineer as defined
in this section.
(1112)
'Engineering surveys' include
means all minor survey activities required to support the
sound conception, planning, design, construction, maintenance,
operation, and investigation of engineered projects but exclude
the surveying of real property for the establishment of land
boundaries, rights-of-way, and easements and the independent
surveys or resurveys of general land masses.
(1213)
'Engineer-in-training' means a person who has
qualified for and passed the NCEES Fundamentals of
Engineering examination as provided in this chapter and is
entitled to receive a certificate as an
engineer-in-training.
(14) 'Ethics'
means conduct that conforms to professional standards of
conduct.
(1315)
'Firm' means a business entity functioning as a
sole proprietorship, partnership, limited liability partnership,
professional association, professional corporation, business
corporation, limited liability company, joint venture, or other
legally constituted organization which practices or offers to
practice engineering or surveying, or both.
(1416)
'Fraud or deceit' means intentional deception to
secure gain, through attempts deliberately to conceal, mislead,
or misrepresent the truth in a manner that others might take
some action in reliance or an act which provides incorrect,
false, or misleading information on which others might rely.
(1517)
'GIS' means geographic information systems.
(1618)
'Good character' refers to a person of good moral
character and one who has not been convicted of a violent crime,
as defined in Section 16-1-60, or a crime of moral turpitude.
(1719)
'Gross negligence' means an act or course of
action, or inaction, which denotes a lack of reasonable care and
a conscious disregard or indifference to the rights, safety, or
welfare of others and which does or could result in financial
loss, injury, or damage to life or property.
(1820)
'Incompetence' means the practice of engineering or
surveying by a licensee determined to be either incapable of
exercising ordinary care and diligence or lacking the ability
and skill necessary to properly perform the duties undertaken.
(19)
'Surveyor-in-training' means a person who has
qualified for and passed the Fundamentals of Surveying
examination as provided in this chapter and is entitled to
receive a certificate as a surveyor-in-training. (
2021)
'Licensed' means authorized by this board,
pursuant to the statutory powers delegated by the State to this
board, to engage in the practice of engineering, or surveying,
or engineering and surveying, as evidenced by the board's
certificate issued to the registered license holder.
(2122)
'Misconduct' means the violation of a provision of
this chapter or of a regulation promulgated by the board
pursuant to this chapter.
(2223)
'NCEES examination' means those written or
electronic tests developed and administered by the National
Council of Examiners for Engineering and Surveying for the
purpose of providing one indication of competency to practice
engineering.
(24) 'Person'
means an individual human being, firm, partnership, or
corporation.
(2325)
'Practice of engineering' means any service or
creative work, the adequate performance of which requires
engineering education, training, and experience in the
application of special knowledge of the mathematical, physical,
and engineering sciences to such services or creative work as
commissioning, consultation, investigation, expert
technical testimony, evaluation, design and design coordination
of engineering works and systems, design for development and use
of land and water, performing engineering surveys and studies,
and the review of construction for the purpose of monitoring
compliance with drawings and specifications, any of which
embraces such services or work, either public or private, in
connection with any utilities, structures, buildings, machines,
equipment, processes, work systems projects, and industrial or
consumer products or equipment of control systems,
chemical, communications, mechanical, electrical,
environmental, hydraulic, pneumatic, or thermal nature,
insofar as they involve safeguarding life, health, or property,
and including such other professional services as may be
necessary to the planning, progress, and completion of any
engineering services. The mere execution, as a contractor, of
work designed by a professional engineer or supervision of the
construction of such work as a foreman or superintendent is not
considered the practice of engineering. A person must be
construed to practice or offer to practice engineering, within
the meaning and intent of this chapter who:
(a)
practices any branch of the profession or
discipline of engineering;
(b)
by verbal claim, sign, advertisement, letterhead, card, or
in any other way represents himself to be a professional
engineer or through the use of some other title implies that he
is a professional engineer or that he is licensed under this
chapter; or
(c)
holds himself out as able to perform or does perform any
engineering service or work or any other professional service
designated by the practitioner or which is recognized as
engineering.
(2426)
'Practice of TIER A surveying' means providing
professional services including, but not limited to,
consultation investigation, testimony evaluation, expert
technical testimony, planning, mapping, assembling, and
interpreting reliable scientific measurements and information
relative to the location, size, shape, or physical features of
the earth, the space above the earth, or part of the earth, and
utilization and development of these facts and interpretation
into an orderly survey map, site plan, report, description, or
project. The practice of TIER A surveying consists of three
separate disciplines: land surveying, photogrammetry, and
geographic information systems. A surveyor may be licensed in
one or more of the disciplines and practice is restricted to
only the discipline or disciplines for which the land surveyor
is licensed. The practice of TIER A surveying does not include
the use of geographic information systems to create maps
pursuant to Section 40-22-290, analyze data, or create reports.
The scope of the individual disciplines are identified as
follows:
(a)
Land surveyor:
(1)
locates, relocates, establishes, reestablishes, lays out,
or retraces any property line or boundary of any tract of land
or any road, right-of-way, easement, alignment, or elevation of
any fixed works embraced within the practice of land surveying,
or makes any survey for the subdivision of land;
(2)
determines, by the use of principles of land surveying,
the position for any survey monument or reference point; or
sets, resets, or replaces such monument or reference;
determines the topographic configuration or contour of the
earth's surface with terrestrial measurements; conducts
hydrographic surveys;
(3)
conducts geodetic surveying which includes surveying for
determination of geographic position in an international
three-dimensional coordinate system, where the curvature of the
earth must be taken into account when determining directions and
distances; geodetic surveying includes the use of terrestrial
measurements of angles and distances, as well as measured ranges
to artificial satellites.
(b)
A photogrammetric surveyor determines the configuration or
contour of the earth's surface or the position of fixed objects
on the earth's surface by applying the principles of mathematics
on remotely sensed data, such as photogrammetry.
(c)
A geographic information systems surveyor creates,
prepares, or modifies electronic or computerized data including
land information systems and geographic information systems
relative to the performance of the activities described in
subitems (a) and (b).
(d)
An individual licensed only as a geodetic surveyor before
July 1, 2004, determines the geographic position in an
international three-dimensional coordinate system, where the
curvature of the earth must be taken into account when
determining directions and distances; geodetic surveying
includes the use of terrestrial measurements of angles and
distances, as well as measured ranges to artificial satellites.
A geodetic surveyor is not authorized to perform the other
services a land boundary surveyor is authorized to perform.
(2527)
'Practice of TIER B land surveying' includes all
rights and privileges of the TIER A surveying
discipline defined in Section 40-22-20(24)
item (26)(a); and in addition to these rights and
privileges, TIER B land surveying includes, for subdivisions,
preparing and furnishing subdivision plans for sedimentation and
erosion control and storm drainage systems, if the systems do
not require the structural design of system components and are
restricted to the use, where relevant, of any standards
prescribed by local, state, or federal authorities. Regulations
defining the scope of the additional powers granted to TIER B
land surveyors must be promulgated by the board.
(2628)
'Private practice firm' means a firm as defined
herein through which the practice of engineering or surveying
would require a certificate of authorization as described in
this chapter.
(2729)
'Private practitioner' means a person who
individually holds himself out to the general public as able to
perform, or who individually does perform, the independent
practice of engineering or surveying.
(2830)
'Professional engineer' means a license holder who,
by reason of his special knowledge of the mathematical and
physical sciences and the principles and methods of engineering
analysis and design, acquired by professional education and
practical experience, is qualified to practice engineering as
defined in this section, all as attested by his
legal license and registration as a
professional engineer in this State.
(2931)
'Professional surveyor' means a
person licensee who is qualified to
practice any discipline of TIER A or TIER B surveying in this
State, as defined in this section and as attested by his
legal license and registration as a TIER A or
TIER B professional surveyor in this State.
(3032)
'Professions of architecture, landscape
architecture, and geology' mean those specified professions as
defined by the laws of this State and applicable regulations.
(33)
'Project engineer' or 'field engineer' means an
employee of a general contractor, licensed contractor,
mechanical contractor, or a subcontractor as defined in Section
40-11-20. A 'project engineer' or 'field engineer' is not
subject to the requirements of this chapter.
(3134)
'Registered' means the engineer or surveyor is
licensed and registered in the State.
(3235)
'Resident professional engineer' or 'resident
professional surveyor', with respect to principal office and
branch office requirements, means a licensed practitioner who
spends a majority of each normal workday in the principal or
branch office.
(33)
'Emeritus engineer' or 'emeritus surveyor' means a
professional engineer or surveyor who has been registered for
fifteen consecutive years or longer and who is sixty-five years
of age or older and who has retired from active
practice.
3436)
'Retired from active practice' means not
engaging or offering to engage in the practice of engineering or
surveying as defined in this section.
(37)
'Surveyor-in-training' means a person who has qualified
for and passed the NCEES Fundamentals of Surveying examination
as provided in this chapter and is entitled to receive a
certificate as a surveyor-in-training." /
Renumber sections to conform.
Amend title to conform.