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14  AN ACT concerning the practice of geology; providing for licensure and
15    regulation as a technical profession; amending K.S.A. 74-7005 and 74-
16    7006 and K.S.A. 1996 Supp. 74-7003 and and 74-7013 and repealing
17    the existing sections.
18
19  Be it enacted by the Legislature of the State of Kansas:
20    Section 1.  K.S.A. 1996 Supp. 74-7003 is hereby amended to read as
21  follows: 74-7003. As used in this act:
22    (a)  ``Technical professions'' includes the professions of engineering,
23  land surveying, architecture and, landscape architecture and geology as
24  the practice of such professions are defined in this act.
25    (b)  ``Board'' means the state board of technical professions.
26    (c)  ``License'' means a license to practice the technical professions
27  granted under this act.
28    (d)  ``Architect'' means a person whose practice consists of:
29    (1)  Rendering services or performing creative work which requires
30  architectural education, training and experience, including services and
31  work such as consultation, evaluation, planning, providing preliminary
32  studies and designs, overall interior and exterior building design, the
33  preparation of drawings, specifications and related documents, all in con-
34  nection with the construction or erection of any private or public building,
35  building project or integral part or parts of buildings or of any additions
36  or alterations thereto, or other services and instruments of services related
37  to architecture;
38    (2)  representation in connection with contracts entered into between
39  clients and others; and
40    (3)  observing the construction, alteration and erection of buildings.
41    (e)  ``Practice of architecture'' means the rendering of or offering to
42  render certain services, as described in subsection (d), in connection with
43  the design and construction or alterations and additions of a building or
HB 2490--Am. by S
                                     

 1  buildings; the design and construction of items relating to building code
 2  requirements, as they pertain to architecture, and other building related
 3  features affecting the public's health, safety and welfare; the preparation
 4  and certification of any architectural design features that are required on
 5  plats; and the teaching of architecture by a licensed architect in a college
 6  or university offering an approved architecture curriculum of four years
 7  or more.
 8    (f)  ``Landscape architect'' means a person who is professionally qual-
 9  ified as provided in this act to engage in the practice of landscape archi-
10  tecture, who practices landscape architecture and who is licensed by the
11  board.
12    (g)  ``Practice of landscape architecture'' means the performing of pro-
13  fessional services such as consultation, planning, designing or responsible
14  supervision in connection with the development of land areas for pres-
15  ervation and enhancement; the designing of land forms and nonhabitable
16  structures for aesthetic and functional purposes such as pools, walls and
17  structures for outdoor living spaces for public and private use; the prep-
18  aration and certification of any landscape architectural design features
19  that are required on plats; and the teaching of landscape architecture by
20  a licensed landscape architect in a college or university offering an ap-
21  proved landscape architecture curriculum of four years or more. It en-
22  compasses the determination of proper land use as it pertains to: Natural
23  features; ground cover, use, nomenclature and arrangement of plant ma-
24  terial adapted to soils and climate; naturalistic and aesthetic values; set-
25  tings and approaches to structures and other improvements; soil conser-
26  vation erosion control; drainage and grading; and the development of
27  outdoor space in accordance with ideals of human use and enjoyment.
28    (h)  ``Professional engineer'' means a person who is qualified to prac-
29  tice engineering by reason of special knowledge and use of the mathe-
30  matical, physical and engineering sciences and the principles and methods
31  of engineering analysis and design, acquired by engineering education
32  and engineering experience, who is qualified as provided in this act to
33  engage in the practice of engineering and who is licensed by the board.
34    (i)  ``Practice of engineering'' means any service or creative work, the
35  adequate performance of which requires engineering education, training
36  and experience in the application of special knowledge of the mathemat-
37  ical, physical and engineering sciences to such services or creative work
38  as consultation, investigation, evaluation, planning and design of engi-
39  neering works and systems, the teaching of engineering by a licensed
40  professional engineer in a college or university offering an approved en-
41  gineering curriculum of four years or more, engineering surveys and stud-
42  ies, the observation of construction for the purpose of assuring compli-
43  ance with drawings and specifications, representation in connection with
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 1  contracts entered into between clients and others and the preparation
 2  and certification of any engineering design features that are required on
 3  plats; any of which embraces such service or work, either public or private,
 4  for any utilities, structures, buildings, machines, equipment, processes,
 5  work systems, projects and industrial or consumer products or equipment
 6  of a mechanical, electrical, hydraulic, pneumatic or thermal nature, in-
 7  sofar as they involve safeguarding life, health or property. As used in this
 8  subsection, ``engineering surveys'' includes all survey activities required
 9  to support the sound conception, planning, design, construction, main-
10  tenance and operation of engineered projects, but excludes the surveying
11  of real property for the establishment of land boundaries, rights-of-way,
12  easements and the dependent or independent surveys or resurveys of the
13  public land survey system.
14    (j)  ``Land surveyor'' means any person who is engaged in the practice
15  of land surveying as provided in this act and who is licensed by the board.
16    (k)  ``Practice of land surveying'' includes:
17    (1)  The performance of any professional service, the adequate per-
18  formance of which involves the application of special knowledge and ex-
19  perience in the principles of mathematics, the related physical and ap-
20  plied sciences, the relevant requirements of law and the methods of
21  surveying measurements in measuring and locating of lines, angles, ele-
22  vation of natural and man-made features in the air, on the surface of the
23  earth, within underground workings and on the bed of bodies of water
24  for the purpose of determining areas, volumes and monumentation of
25  property boundaries;
26    (2)  the preparation of plats of land and subdivisions thereof, including
27  the topography, rights-of-way, easements and any other boundaries that
28  affect rights to or interests in land, but excluding features requiring en-
29  gineering or architectural design;
30    (3)  the preparation of the original descriptions of real property for
31  the conveyance of or recording thereof and the preparation of maps, plats
32  and field note records that represent these surveys;
33    (4)  the reestablishing of missing government section corners in ac-
34  cordance with government surveys; and
35    (5)  the teaching of land surveying by a licensed land surveyor in a
36  college or university offering an approved land surveying curriculum of
37  four years or more.
38    (l)  ``Person'' means a natural person, firm, corporation or partnership.
39    (m)  ``Plat'' means a diagram drawn to scale showing all essential data
40  pertaining to the boundaries and subdivisions of a tract of land, as deter-
41  mined by survey or protraction. A plat should show all data required for
42  a complete and accurate description of the land which it delineates, in-
43  cluding the bearings (or azimuths) and lengths of the boundaries of each
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 1  subdivision.
 2    (n)  ``Geologist'' means a person who is qualified to engage in the prac-
 3  tice of geology by reason of knowledge of geology, mathematics and the
 4  supporting physical and life sciences, acquired by education and practical
 5  experience, who is qualified as provided in this act to engage in the prac-
 6  tice of geology and who is licensed by the board.
 7    (o)  ``Practice of geology'' means:
 8    (1)  The performing of professional services such as consultation, in-
 9  vestigation, evaluation, planning or mapping, or inspection, or the re-
10  sponsible supervision thereof, in connection with the treatment of the
11  earth and its origin and history, in general; the investigation of the earth's
12  constituent rocks, minerals, solids, fluids including surface and under-
13  ground waters, gases and other materials; and the study of the natural
14  agents, forces and processes which cause changes in the earth;
15    (2)  the teaching of geology [by a licensed professional geologist]
16  in a college or university offering an approved geology curriculum of four
17  years or more by a person who meets the qualifications for education and
18  experience prescribed by section 5 and amendments thereto; or
19    (3)  representation in connection with contracts entered into between
20  clients and others and the preparation and certification of geological in-
21  formation in reports and on maps insofar as it involves safeguarding life,
22  health or property.
23    Sec. 2.  K.S.A. 74-7005 is hereby amended to read as follows: 74-
24  7005. (a) Membership of the board shall be as follows:
25    (1)  Four members shall have been engaged in the practice of engi-
26  neering for at least eight years and shall be licensed engineers. At least
27  one of such members shall be engaged in private practice as an engineer.
28  At least one of such members shall also be licensed as a land surveyor, as
29  well as a licensed engineer.
30    (2)  Two members shall have been engaged in the practice of land
31  surveying for at least eight years and shall be licensed land surveyors.
32    (3)  Three members shall be licensed architects of recognized stand-
33  ing and shall have been engaged in the practice of the profession of ar-
34  chitecture for at least eight years, which practice shall include responsible
35  charge of architectural work as principal.
36    (4)  One member shall be a licensed landscape architect and shall have
37  been engaged in the practice of landscape architecture for at least eight
38  years, which practice shall include responsible charge of landscape ar-
39  chitectural work as principal.
40    (5)  One member shall be engaged in the practice of geology, shall have
41  been engaged in the practice of geology for at least eight years and, on
42  and after January 1, 1998 July 1, 2000, shall be a licensed geologist.
43    (6)  Three Two members shall be from the general public of this state.
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 1    (b)  Each member of the board shall be a citizen of the United States
 2  and a resident of this state.
 3    (c)  The amendments to this section shall not be applicable to any
 4  member of the board who was appointed to the board and qualified for
 5  such appointment under this section prior to the effective date of this act.
 6    Sec. 3.  K.S.A. 74-7006 is hereby amended to read as follows: 74-
 7  7006. (a) Whenever a vacancy shall occur occurs in the membership of
 8  the board by reason of the expiration of a term of office, the governor
 9  shall appoint a successor of like qualifications. All appointments shall be
10  for a term terms of four years, but no member shall be appointed for
11  more than three successive four-year terms. The term of each member
12  first appointed after January 1, 1993, for the purpose of computing the
13  length of the term of such member, shall commence on the first calendar
14  day subsequent to the day of expiration of the preceding term, regardless
15  of when the appointment is made, and shall end on June 30 of the fourth
16  year of the member's term for those members whose terms commence
17  on July 1, or on June 30 following the third full year of the member's
18  term for those members whose terms commence on January 1. There-
19  after, for the purpose of computing the length of term of a member of
20  the board,
21    (b)  The terms of members appointed to the board shall commence
22  on the July 1 immediately following the day of expiration of the preceding
23  term, regardless of when the appointment is made, and shall expire on
24  June 30 of the fourth year of the member's term.
25    (c)  Each member shall serve until a successor is appointed and qual-
26  ified. Whenever a vacancy shall occur in the membership of the board
27  for any reason other than the expiration of a member's term of office, the
28  governor shall appoint a successor of like qualifications to fill the unex-
29  pired term.
30    (d)  The governor may remove any member of the board for miscon-
31  duct, incompetency, neglect of duty, or for any other sufficient cause.
32    Sec. 4.  K.S.A. 1996 Supp. 74-7013 is hereby amended to read as
33  follows: 74-7013. (a) The board may adopt all bylaws and rules and reg-
34  ulations, including rules of professional conduct, which are necessary for
35  performance of its powers, duties and functions in the administration of
36  this act.
37    (b)  The board may, through rules and regulations, may adopt, en-
38  force, and audit mandatory continuing education as a condition for license
39  renewal or reinstatement for each of the technical professions as deter-
40  mined by the board.
41    (c)  Subject to the provisions of subsection (d), it shall be It is the
42  responsibility of the member or members of the board who hold a license
43  to practice the profession for which an applicant seeks to be licensed, to
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 1  provide and have graded any examination required by this act to be taken
 2  by such applicant.
 3    (d)  Before January 1, 1998, it is the responsibility of the member of
 4  the board described in subsection (a)(5) of K.S.A. 74-7005 and amend-
 5  ments thereto to provide and have graded any examination required by
 6  this act to be taken by an applicant for licensure to practice geology.
 7    New Sec. 5.  Minimum qualifications of applicants seeking licensure
 8  as geologists are the following:
 9    (a)  Graduation from a course of study in geology, or from a program
10  which is of four or more years' duration and which includes at least 30
11  semester or 45 quarter hours of credit with a major in geology or a geology
12  specialty, that is adequate in its preparation of students for the practice
13  of geology;
14    (b)  proof of at least four years of experience in geology of a character
15  satisfactory to the board, as defined by rules and regulations of the board;
16  and
17    (c)  the satisfactory passage of such examinations in the fundamentals
18  of geology and in geologic practice as utilized by the board.
19    New Sec. 6.  The provisions of this act requiring licensure or the is-
20  suance of a certificate of authorization under K.S.A. 74-7036 and amend-
21  ments thereto to engage in the practice of geology shall not be construed
22  to prevent or to affect:
23    (a)  The practice of geology by any person before July 1, 1998 2000.
24    (b)  The performance of geological work [practice of geology] which
25  is exclusively in the exploration for and development of energy resources
26  and economic minerals and which does not have a substantial impact upon
27  affect the public health, safety and welfare, as determined pursuant to
28  rules and regulations adopted by the board, nor require the submission
29  of reports or documents to public agencies. by the board.
30    (c)  The acquisition of engineering data, geologic data for engineering
31  purposes and the utilization of such data by licensed professional engi-
32  neers.
33    (d)  Performance of work customarily performed by graduate physical
34  or natural scientists.
35    [(e)  The teaching of geology in a college or university offering
36  an approved geology curriculum.]
37    New Sec. 7.  (a) Subject to the provisions of subsection (b), a person
38  who applies for licensure as a geologist before July 1, 1998 2001 2000,
39  shall be considered to be qualified for licensure, without further written
40  examination, if the person has:
41    (1)  Experience consisting of a minimum of four years of professional
42  practice in geology in Kansas or a specialty thereof, of a character ac-
43  ceptable to the board; and
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 1    (2) (A)  graduated from an accredited institution of higher education
 2  with a bachelor of science or bachelor of arts or higher degree, with a
 3  major in geology; or
 4    (B)  graduated from an accredited institution of higher education in
 5  a four-year academic degree program other than geology, but with 30
 6  semester hours or 45 quarter hours of credit in geology.
 7    (b)  A person who meets the qualifications of subsection (a), in the
 8  discretion of the board, may be required to take and pass an examination
 9  as required by this act if the person is not engaged in the practice of
10  geology on July 1, 1997 2000 1999, and has not engaged in the practice
11  of geology for at least four of the eight years immediately preceding July
12  1, 1997 2000 1999.
13    (c)  Upon application, a person who is licensed, registered or certified
14  as a geologist in another state having standards at least equal to those
15  required for licensure as a geologist pursuant to this act may be issued a
16  license as a geologist pursuant to this act.
17    (d)  On and after July 1, 1997 2000, and before July 1, 1998 2001,
18  upon application, a person who holds a valid certification from the Amer-
19  ican institute of professional geologists or the division of professional af-
20  fairs of the American association of petroleum geologists may be issued
21  a license as a geologist pursuant to this act [without further written
22  examination].
23    New Sec. 8.  (a) On or before September 30, 1997, the chair-
24  person of the board shall appoint a geologist registration [licen-
25  sure] committee. The committee shall be composed of: (1) Two
26  members of the board, one of which shall be designated as the
27  chairperson of the committee; and (2) three geologists recognized
28  by the state geological society, the Kansas chapter of the American
29  association of petroleum geologists or the American institute of
30  professional geologists.
31    (b)  The committee shall develop policies and procedures, re-
32  view continuing education requirements, establish recommenda-
33  tions relative to NAFTA, establish and review recommended ex-
34  aminations, recommend fees, establish experience criteria and any
35  other recommendations concerning the licensure of geologists.
36  Such report shall include recommendations for legislation, if nec-
37  essary, and proposed rules and regulations.
38    (c)  On or before July 1, 1998, the committee shall prepare and
39  present to the executive committee of the board a preliminary
40  draft of recommendations developed pursuant to subsection (b).
41section  The executive committee shall review and comment on the prelim-
42  inary draft of recommendations.
43    (d)  On or before October 1, 1998, the geologist registration
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 1  [licensure] committee shall present to the board a final report of
 2  its recommendations developed pursuant to subsection (b).
 3    New Sec. 9.  (a) On or before July 1, 1999, the board shall be-
 4  gin to accept applications for licensure as a geologist.
 5    (b)  On or before July 1, 2000, the board shall begin to issue
 6  licenses to engage in the practice of geology to applicants therefor
 7  if such applicants comply with the requirements of the provisions
 8  of this act and any rules and regulations adopted pursuant thereto
 9  by the board.
10    Sec. 8 10.  K.S.A. 74-7005 and 74-7006 and K.S.A. 1996 Supp. 74-
11  7003 and 74-7013 are hereby repealed.
12    Sec. 9 11.  This act shall take effect and be in force from and after
13  its publication in the statute book.