AN ACT CONCERNING LICENSING FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-299 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

As used in this chapter, unless the context otherwise requires:

(1) "Professional engineer" means a person who is qualified by reason of his or her special knowledge of mathematics, the physical sciences, [and] the principles of engineering and engineering analysis and design, acquired by professional education and practical experience, [to engage in engineering practice, including] and who is licensed under this chapter to practice or offer to practice the profession of professional engineering, which practice may include rendering or offering to render to clients any professional service such as consultation, investigation, evaluation, planning, design or responsible supervision of construction, in connection with any public or privately-owned structures, buildings, machines, equipment, processes, works or projects in which the public welfare or the safeguarding of life, public health or property is concerned or involved;

(2) "Land surveyor" means a person who is qualified by knowledge of mathematics, physical and applied sciences and the principles of land surveying, and who is licensed under this chapter to practice or offer to practice the profession of land surveying, including, but not limited to: (A) Measuring, evaluating or mapping elevations, topography, planimetric features or land areas of any portion of the earth's surface; (B) determining positions of points with respect to appropriate horizontal or vertical datums in order to establish control networks for topographic, planimetric or cadastral mapping; (C) measuring, evaluating, mapping, monumenting or otherwise marking on the ground, property boundary lines, interior lot lines of subdivisions, easements, rights-of-way or street lines; (D) measuring, evaluating, mapping or marking on the ground, the horizontal location of existing or proposed buildings, structures or other improvements with respect to property boundary lines, building, setback, zoning or restriction lines, existing or proposed interior lot lines, easements, rights-of-way or street lines; (E) measuring, evaluating, mapping or reporting the vertical location of existing or proposed buildings, structures or other improvements with respect to vertical reference surfaces, including base flood elevations; (F) measuring, evaluating, mapping or reporting the location of existing or proposed buildings, structures or other improvements or their surrounding topography with respect to flood insurance rate mapping or federal emergency management agency mapping; (G) measuring or mapping inland wetland boundaries delineated by a soil scientist; (H) creating or mapping surveys required for condominiums or planned communities meeting the requirements of section 47-228; (I) monumenting or otherwise marking on the ground, property subject to development rights, vertical unit boundaries, horizontal unit boundaries, leasehold real property or limited common elements described in section 47-228; (J) evaluating or designing the horizontal or vertical alignment of roads in conjunction with the layout and mapping of a subdivision; (K) measuring, evaluating or mapping areas under the earth's surface and the beds of bodies of water;

(3) "Automatic fire sprinkler system layout technician" means a person, licensed by the Department of Consumer Protection pursuant to this chapter, to [design] prepare automatic fire sprinkler system layouts;

(4) "Automatic fire sprinkler system layout" means [preparing and designing] preparation and design of shop drawings to be used for the installation, alteration or modification of an automatic fire sprinkler system;

(5) "National Institute for Certification in Engineering Technologies" means a nationally recognized organization which determines the qualifications of automatic fire sprinkler system layout technicians through a series of standardized examinations; and

(6) "Board" means the State Board of Examiners for Professional Engineers and Land Surveyors appointed under the provisions of section 20-300.

Sec. 2. Section 20-302 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

No person shall practice or offer to practice the profession of engineering [in any of its branches, including] or land surveying, or use any title or description tending to convey the impression that such person is a professional engineer or a land surveyor, unless such person has been licensed [or is exempt] under the provisions of this chapter or is exempt from the provisions of this chapter. The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer, engineer-in-training, land surveyor or surveyor-in-training, respectively:

(1) Professional engineer: Graduation from an approved [course] curriculum of not less than four years in engineering in a school or college approved by the board as of satisfactory standing, a specific record of [an additional] not less than four years of [active practice] progressive experience in engineering work, which shall be of a character satisfactory to the board, and the successful passing of a written [or written and oral] examination prescribed by the board, with the consent of the commissioner, the first part of which shall test the applicant's knowledge of fundamental engineering subjects, including mathematics and the physical sciences, and the second part of which shall test the applicant's ability to apply the principles of engineering to the actual practice of engineering. [In lieu of graduation as specified in this subdivision, the board may accept, as an alternative, six years or more of experience in engineering work which shall be of a character satisfactory to the board and which shall indicate knowledge, skill and education approximating that attained through graduation from an approved course in engineering. The board may waive the written examination requirement in the case of an applicant who submits a specific record of twenty years or more of lawful practice in engineering work which shall be of a character satisfactory to the board and which shall indicate that the applicant is competent to be in responsible charge of such work, and may waive the first part of the written examination for an applicant who has completed an approved course in engineering and has at least eight years of engineering experience.]

(2) Engineer-in-training: The board may license as an engineer-in-training a person who is a graduate of an approved [course] curriculum of not less than four years in engineering [or who has had the alternative experience prescribed in subdivision (1) of this section] and who has successfully passed the first part of the examination specified in [said] subdivision (1) of this section. Licensure as an engineer-in-training shall remain valid [for a period of ten years from date of issuance of an applicant's first license] toward meeting in part the requirements of subdivision (1) of this section unless or until such licensure has been surrendered by the licensee or suspended or revoked by the board.

(3) Land surveyor: Graduation from [a school or college approved by the board as of satisfactory standing, including the completion of] an approved [course in surveying,] curriculum of not less than four years in land surveying at a school or college approved by the board as of satisfactory standing, a specific record of an additional three years or more of [active practice] progressive experience in land surveying, which shall be of a character satisfactory to the board, and the successful passing of a written [or written and oral] examination, prescribed by the board with the consent of the commissioner, [for the purpose of testing] the first part of which shall test the applicant's knowledge of the fundamentals of land surveying, [and the procedures pertaining to land surveying] the second part which shall test the applicant's knowledge of the principles and practices of land surveying and the third part of which shall test the applicant's knowledge of land surveying principles and practices specific to the state of Connecticut. In lieu of graduation as specified in this subdivision, the board may accept, as an alternative: [, six] (A) Graduation from an approved curriculum of not less than two years in land surveying, combined with not less than six years of progressive experience in land surveying, which experience shall be of a character satisfactory to the board, or (B) nine years or more of progressive experience in surveying work, which shall be of a character satisfactory to the board and which shall indicate knowledge, skill and education approximating that attained through completion of an approved course in surveying. [The board may waive the written examination requirement in the case of an applicant who submits a specific record of sixteen years or more of lawful practice in surveying work, at least ten of which shall have been in land surveying, of a character satisfactory to the board and which shall indicate that the applicant is competent to be in responsible charge of such work.]

(4) Surveyor-in-training: The board may license as a surveyor-in-training a person who [is a graduate of a school or college approved by the board or who is scheduled to graduate from such an institution within three months after applying for licensure, or who has had six years or more of experience in surveying work of a character satisfactory to the board and which indicates knowledge, skill and education approximating that attained through completion of an approved course in surveying, provided any such person has successfully passed part 1 of the national examination relating to fundamentals of land surveying] (A) is a graduate of an approved curriculum of not less than four years in land surveying, (B) is a graduate of an approved curriculum of not less than two years in land surveying who has not less than three years of progressive experience in land surveying work of a character satisfactory to the board, (C) has not less than six years of progressive experience in land surveying work of a character satisfactory to the board and has passed the first part of the written examination specified in subdivision (3) of this section. Licensure as a surveyor-in-training shall remain valid [for a period of ten years from the date of issuance of an applicant's first license] toward meeting in part the requirements of subdivision (3) of this section unless or until such licensure has been surrendered by the licensee or suspended or revoked by the board. The board may license as a surveyor-in-training a person who has gained the alternative education or experience prescribed in subdivision (3) of this section who has successfully passed the first part of the written examination specified in said subdivision.

Sec. 3. Section 20-306 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

(a) (1) The Department of Consumer Protection shall notify each person licensed under this chapter of the date of the expiration of such license and the amount of the fee required for its renewal for one year. Such license renewals shall be accompanied by the payment of the professional services fee for class G, as defined in section 33-182l, in the case of a professional engineer license, a professional engineer and land surveyor combined license, or a land surveyor license. The license shall be considered lapsed if not renewed within thirty days following the normal expiration date.

(2) Annual renewal of an engineer-in-training license or a surveyor-in-training license shall not be required. [Any such license shall remain valid for a period of ten years from the date of its original issuance and, during this time, it shall meet in part the requirements for licensure as a professional engineer or land surveyor. It shall not be the duty of the department to notify the holder of an engineer-in-training license or a surveyor-in-training license of the date of expiration of such license other than to publish it annually in the roster.]

(3) Renewal of any license under this chapter or payment of renewal fees shall not be required of any licensee serving in the armed forces of the United States until the next renewal period immediately following the termination of such service or the renewal period following the fifth year after such licensee's entry into such service, whichever occurs first. The status of such licensees shall be indicated in the annual roster of professional engineers and land surveyors.

(b) Notwithstanding the provisions of subsection (a) of this section concerning fees, any person who is licensed under the provisions of this chapter, who is age sixty-five or over and who is no longer actively engaged in the practice of engineering or any of its branches, or land surveying, may renew such license annually upon payment of the professional services fee for class A, as defined in section 33-182l.

(c) Each professional engineer shall declare on his or her annual renewal form whether he or she has completed twelve hours of continuing professional education during the year preceding the renewal period. The commissioner shall not renew a professional engineer's license if the professional engineer has not declared that he or she has completed said twelve hours of continuing professional education.

(d) Each land surveyor shall declare on his or her annual renewal form whether he or she has completed eight hours of continuing professional education during the year preceding the renewal period. The commissioner shall not renew a land surveyor's license if the land surveyor has not declared that he or she has completed said eight hours of continuing professional education.

(e) If a person licensed under the provisions of this chapter exceeds the annual continuing professional education hourly requirements in any renewal period, such person may carry over an excess of not more than twelve hours for a professional engineer and eight hours for a land surveyor into the next renewal period.

(f) The commissioner and the board may audit the continuing professional education records of any person licensed under the provisions of this chapter.

Sec. 4. Subsection (b) of section 20-306a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

(b) A qualifying corporation or limited liability company desiring a certificate of registration shall file with the board an application upon a form prescribed by the Department of Consumer Protection accompanied by [an] a nonrefundable application fee of five hundred sixty-five dollars. Each such certificate shall expire annually and shall be renewable upon payment of a fee of three hundred seventy-five dollars. If all requirements of this chapter are met, the board shall authorize the department to issue to such corporation or limited liability company a certificate of registration within thirty days of such application, provided the board may refuse to authorize the issuance of a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate.

Sec. 5. Section 20-307 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

(a) The board may refuse to issue or renew, or may suspend or revoke, a license or certificate of registration, or may take any other action permitted in this chapter or in subdivision (7) of section 21a-7, and may assess a civil penalty of up to one thousand dollars per occurrence, if the holder of the license or certificate of registration has: (1) Violated a statute or regulation related to the practice of professional engineering or land surveying of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction, (2) been disciplined by, or is the subject of pending disciplinary action or an unresolved complaint before the duly authorized disciplinary agency of any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction, (3) been refused a license or registration or renewal of a license or registration by any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction, based on grounds that are similar to grounds on which the commissioner or board could refuse to issue or renew such a license or registration, (4) made false, misleading or deceptive representations to the public, the commissioner or the board, (5) performed or been a party to a fraudulent or deceitful practice or transaction, (6) illegally or fraudulently obtained a license or certificate of registration, or (7) performed incompetent or negligent work, as determined by the board.

(b) Appeals from the decisions of the board concerning the issuance, renewal, [or the] suspension or revocation of any license or certificate of registration under the provisions of this chapter may be taken as provided in section 4-183, except that such appeal shall be made returnable to the judicial district of New Britain. The board, for reasons it deems sufficient, may authorize the Department of Consumer Protection to reissue a license or certificate of registration to any person whose license or certificate has been revoked or suspended. A new license or certificate of registration to replace any license or certificate revoked, suspended, lost, destroyed or mutilated may be issued, subject to the regulations adopted under this chapter, and a charge of twenty-five dollars shall be made for such issuance.

Sec. 6. Section 20-307a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

The Department of Consumer Protection may, upon request of the board or on its own motion, inquire into the existence of violations of the provisions of this chapter. If, after notice and opportunity for hearing as provided in the regulations adopted by the Commissioner of Consumer Protection, the board determines that a violation of any provision of this chapter or any regulation adopted under this chapter exists, the board may issue an appropriate order to the person or persons found to be so violating such provision or regulation [,] providing for the immediate discontinuance of such violation, and may levy a civil penalty of not more than one thousand dollars for each such violation.

Sec. 7. Section 20-308 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

(a) The board may, upon application and the payment of a fee of one hundred ninety dollars to the Department of Consumer Protection, authorize the department to issue a license as a professional engineer, or a combined license as a professional engineer and land surveyor or, upon application and the payment of a fee of one hundred ninety dollars, authorize the department to issue a license as a land surveyor, to any person who holds a [certificate of qualification, licensure] valid license or registration issued to such person by the proper authority of any state, territory or possession of the United States, or any country, or the National [Bureau of Engineering Registration] Council of Examiners for Engineering and Surveying, provided the requirements for the licensure or registration of professional engineers or land surveyors under which such license, [certificate of qualification] or registration was issued shall not conflict with the provisions of this chapter and shall be of a standard not lower than that specified in section 20-302, as amended by this act. Upon request of any such applicant the board may, if it determines that the application is in apparent good order, authorize the department to grant to such applicant permission in writing to practice engineering or land surveying or both for a specified period of time while such application is pending. The board may waive the first part of the examination specified in subdivision (1) of section 20-302, as amended by this act, in the case of an applicant for licensure as a professional engineer who holds a certificate as an engineer-in-training issued to him or her by the proper authority of any state, territory or possession of the United States or of any country, provided the requirements under which the certificate was issued do not conflict with the provisions of this chapter and are of a standard at least equal to that specified in said subdivision (1). The board may waive that part of the examination specified in subdivision (3) of section 20-302, as amended by this act, relating to the fundamentals of land surveying, in the case of an applicant for licensure as a land surveyor who holds a certificate as a surveyor-in-training issued to him by the proper authority of any state, territory or possession of the United States, provided the requirements under which the certificate was issued do not conflict with the provisions of this chapter and are of a standard at least equal to that specified in said subdivision (3). Applicants for license reciprocity as a land surveyor shall provide proof they have passed the Connecticut specific examination specified in subdivision (3) of section 20-302, as amended by this act.

(b) The board may, upon application and the payment of a fee to be fixed by the board, authorize the Department of Consumer Protection to issue a license as an engineer-in-training or a surveyor-in-training to any person who holds a certificate of qualification as an engineer-in-training or surveyor-in-training issued to him or her by the proper authority of any state or territory or possession of the United States, or any country, provided the requirements for certification under which such certificate of qualification was issued do not conflict with the provisions of this chapter and are of a standard at least equal to that specified in section 20-302, as amended by this act.

Sec. 8. Section 20-309 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

The following persons shall be exempt from the provisions of this chapter: (1) An employee or a subordinate of a person holding a license under this chapter, provided the work of such employee or subordinate shall be under the responsible supervision of a person so licensed; (2) any corporation whose operations are under the jurisdiction of the Public Utilities Regulatory Authority and the officers and employees of any such corporation or any contracting corporation affiliated with any such corporation; (3) any manufacturing or scientific research and development corporation and the officers and employees of any such corporation while engaged in the performance of their employment by such corporation, provided the engineering work performed by such corporation, officers and employees shall be incidental to the research and development or manufacturing activities of such corporation; (4) officers and employees of the government of the United States while engaged within this state in the practice of the profession of engineering or land surveying for said government; and (5) architects licensed under chapter 390, in the performance of work incidental to their profession.

Sec. 9. Section 20-310 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

Any person who knowingly or wilfully violates any provision of this chapter shall be fined not more than five [hundred] thousand dollars or be imprisoned not more than [three months] one year, or both.

Statement of Purpose:

To modify or eliminate nondegree paths to licensure for professional engineers and land surveyors, adopt continuing education requirements and revise penalties for violations of related licensing laws.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]