Brief(1)
H.B. 2427 would amend the law regarding the State Board of Technical Professions to limit the licensure exemption for the practice of engineering. The bill would allow unlicensed persons to design or build any structure on their own land for their own use as long as the structure is not to be used for human habitation, a place of employment, or open to the public. The bill also would allow unlicensed persons to design or build one or two-family dwellings or agricultural buildings. Under current law, unlicensed persons can design or build structures on their own land for their own use for any purpose. Current law only allows unlicensed persons to prepare plans, drawings, or specifications for one or two-family dwellings unless the person owns and uses the dwelling.
Further, the bill deletes an exemption in current law for persons who are employees of a person, firm, or corporation and who do not offer their services in technical professions to the public.
Background
A member of the Kansas State Board of Technical Professions testified as to the need for the bill due to the decision in a recent district court case in Shawnee County, Gillam v. The Kansas State Board of Technical Professions, case number 98-CV-384. A notice of appeal has been filed in the case.
Others who expressed support for the measure included conferees from the Kansas Society of Professional Engineers, Kansas Consulting Engineers, and the American Institute of Architects. Letters of support were submitted to the Committee from delegates of Prairie Gateway Chapter of the American Society of Landscape Architects, the City of Arkansas City, the City of Prairie Village, the Kansas Society of Land Surveyors, and the Metropolitan Kansas City Chapter of the International Conference of Building Officials.
The Senate Committee of the Whole amended the bill to continue the exemption for persons designing or building their own homes or buildings that may be used as a place of employment, as long as this is not the primary use of the structure.
After being amended by the Senate Committee of the Whole, the bill was rereferred to the Senate Committee on Federal and State Affairs. The Committee amended the bill by deleting the Senate Committee of the Whole amendment. The Committee also amended the bill to include the design or erection of one or two-family dwellings among those activities a person can do without an engineer's license.
The fiscal note indicates no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html