130th Ohio General Assembly
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Sub. S. B. No. 77  As Passed by the Senate
As Passed by the Senate

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 77


SENATORS Coughlin, Amstutz, Armbruster, Robert Gardner, Mumper, Nein, Spada, Wachtmann



A BILL
To amend sections 4733.12 and 4733.16 of the Revised1
Code to modify professional ownership and2
management requirements a business entity must3
satisfy to obtain a certificate of authorization4
to provide professional engineering or surveying5
services.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 4733.12 and 4733.16 of the Revised7
Code be amended to read as follows:8

       Sec. 4733.12.  (A) Applications for registration as a9
professional engineer or professional surveyor shall be on forms10
prescribed and furnished by the state board of registration for11
professional engineers and surveyors, shall contain statements12
made under oath setting forth the applicant's education, a13
detailed summary of his the applicant's technical work, and the14
branch in which he the applicant specializes, and shall contain15
not less than five references, of whom three or more shall be16
professional engineers or professional surveyors having personal17
knowledge of his the applicant's engineering or surveying18
experience. The application shall be accompanied by an19
application fee, which shall be established by the board at an20
amount adequate to cover the costs of processing the application.21

       The examination fee for professional engineers, which shall22
accompany the "notice of intention" for each scheduled first stage23
and second stage examination, shall be established by the board at24
an amount adequate to cover the expense of procuring,25
administering, and grading the examination. The registration fee,26
which shall be paid after the applicant has passed both27
examinations, shall be established by the board at an amount28
adequate to cover the expense of issuing a certificate of29
registration.30

       The examination fee for professional surveyors, which shall31
accompany the "notice of intention" for each scheduled first stage32
and second stage examination, shall be established by the board at33
an amount adequate to cover the expense of procuring,34
administering, and grading the examination. The registration fee,35
which shall be paid after the applicant has passed both36
examinations, shall be established by the board at an amount37
adequate to cover the expense of issuing a certificate of38
registration.39

       (B) The board shall establish the fee for a certificate of40
authorization issued under division (F) of section 4733.16 of the41
Revised Code in an amount not to exceed fifty dollars and the fee42
for annual renewal of a certificate of authorization, not to43
exceed twenty-five dollars. The fee for a duplicate certificate44
of authorization is five dollars.45

       Sec. 4733.16.  (A) A firm, partnership, association, limited46
liability company, or corporation may provide professional47
engineering or professional surveying services in this state as48
long as the services are provided only through natural persons49
registered to provide those services in the state, subject to the50
exemptions in sections 4733.17 and 4733.18 of the Revised Code and51
subject otherwise to the requirements of this chapter.52

       (B) No firm, partnership, association, limited liability53
company, or corporation, except a corporation that was granted a54
charter prior to August 7, 1943, to engage in providing55
professional engineering or professional surveying services in56
this state or that was otherwise lawfully providing engineering57
services in this state prior to November 15, 1982, shall engage in58
providing professional engineering or professional surveying59
services, hold itself out to the public as being engaged in60
providing professional engineering or professional surveying61
services, or use a name including one or more of the words62
"engineer," "engineering," or "surveyor," or "surveying" or any63
modification or derivation of those words, unless the firm,64
partnership, association, limited liability company, or65
corporation obtains a certificate of authorization from the state66
board of registration for professional engineers and surveyors and67
files all information required to be filed under this section with68
the state board of registration for professional engineers and69
surveyors and otherwise complies with all requirements of this70
chapter. A nonprofit membership corporation may use a name71
including one or more of the words "engineer," "engineering,"72
"surveyor," or "surveying" or any modification or derivation of73
those words without complying with this section.74

       (C) A corporation may be organized under Chapter 1701. of75
the Revised Code, a professional association may be organized76
under Chapter 1785. of the Revised Code, or a limited liability77
company may be formed under Chapter 1705. of the Revised Code for78
the purpose of providing professional engineering, professional79
surveying, architectural, or landscape architectural services or80
any combination of those services. A corporation organized under81
Chapter 1701. of the Revised Code for the purpose of providing82
those services also may be organized for any other purpose in83
accordance with that chapter.84

       (D) No firm, partnership, association, limited liability85
company, or corporation shall provide or offer to provide86
engineering or surveying services in this state unless more than87
fifty per cent of the partners, members, or shareholders, more88
than fifty per cent of the directors in the case of a corporation89
or professional association, and more than fifty per cent of the90
managers in the case of a limited liability company the management91
of which is not reserved to its members, are professional92
engineers, professional surveyors, architects, or landscape93
architects, or a combination of those professions, who are94
registered in this state and who own more than fifty per cent of95
the interests in the firm, partnership, association, limited96
liability company, or corporation; unless the requirements of this97
division and of section 1785.02 of the Revised Code are satisfied98
with respect to any professional association organized under99
Chapter 1785. of the Revised Code; or unless the requirements of100
this division and of Chapter 1705. of the Revised Code are101
satisfied with respect to a limited liability company formed under102
that chapter.103

       (E) Each firm, partnership, association, limited liability104
company, or corporation through which professional engineering or105
professional surveying services are offered or provided in this106
state shall designate one or more partners, managers, members,107
officers, or directors as being responsible for and in responsible108
charge of the professional engineering or professional surveying109
activities and decisions, and those designated persons shall be110
registered in this state. In the case of a corporation holding a111
certificate of authorization provided for in division (F)(E) of112
this section, at least one of the persons so designated shall be a113
director of the corporation. Each firm, partnership, association,114
limited liability company, or corporation of that type shall115
annually file with the state board of registration for116
professional engineers and surveyors the name and address of each117
partner, manager, officer, director, member, or shareholder, and118
each firm, partnership, association, limited liability company, or119
corporation of that type shall annually file with the board the120
name and address of all owners and all persons designated as being121
in responsible charge of the professional engineering or122
professional surveying activities and decisions and any other123
information the board may require. If there is a change in any124
such person in the interval between filings, the change shall be125
filed with the board in the manner and within the time that the126
board determines.127

       (F) No corporation organized under Chapter 1701. of the128
Revised Code shall engage in providing engineering or surveying129
services in this state without obtaining a certificate of130
authorization from the131

       (E) The state board of registration for professional132
engineers and surveyors. A corporation desiring a certificate of133
authorization shall file with the board a copy of a certificate of134
good standing from the secretary of state and a listing on the135
form that the board directs of the names and addresses of all136
officers, directors, and shareholders of the corporation, the137
names and addresses of any individuals providing professional138
services on behalf of the corporation who are registered to139
practice professional engineering or professional surveying in140
this state, and any other information the board requires. If all141
requirements of this chapter are met, the board may shall issue a142
certificate of authorization to the each firm, partnership,143
association, limited liability company, or corporation that144
satisfies the requirements of this chapter, including providing145
information that the board may require pursuant to division (D) of146
this section. No certificate of authorization shall be issued147
unless persons owning more than fifty per cent of the148
corporation's shares and more than fifty per cent of the interests149
in the corporation are professional engineers, professional150
surveyors, architects, or landscape architects, or a combination151
of those professions, who are registered in this state. Any152
corporation that holds a certificate of authorization under this153
section and that otherwise meets the requirements of this chapter154
may be organized for any purposes for which corporations may be155
organized under Chapter 1701. of the Revised Code and shall not be156
limited to the purposes of providing professional engineering,157
surveying, architectural, or landscape architectural services or158
any combination of those services. The board, by rules adopted in159
accordance with Chapter 119. of the Revised Code, may require any160
firm, partnership, association, or limited liability company not161
organized under Chapter 1701. of the Revised Code that provides162
engineering or surveying services to obtain a certificate of163
authorization. If the board so requires, no firm, partnership,164
association, or limited liability company shall engage in165
providing engineering or surveying services without obtaining the166
certificate and complying with the rules.167

       (G)(F) This section does not modify any law applicable to168
the relationship between a person furnishing a professional169
service and a person receiving that service, including liability170
arising out of that service.171

       (H)(G) Nothing in this section shall restrict or limit in172
any manner the authority or duty of the state board of173
registration for professional engineers and surveyors with respect174
to natural persons providing professional services or any law or175
rule pertaining to standards of professional conduct.176

       (I)(H) Corporations, partnerships, associations, limited177
liability companies, or firms organized under the laws of another178
state or country wishing to provide professional engineering or179
professional surveying services shall obtain a certificate of180
authorization and meet the applicable requirements of this181
section.182

       Section 2.  That existing sections 4733.12 and 4733.16 of the183
Revised Code are hereby repealed.184

       Section 3. In amending Chapter 4733. of the Revised Code in185
this act and in all previous acts of the General Assembly from186
June 2, 1988, through the effective date of this act, it is the187
intent of the General Assembly to reflect and accept the holding188
of the Franklin County Court of Common Pleas in S.E.A., Inc. v.189
State Board of Registration for Professional Engineers and190
Surveyors (Franklin Cty. C.P., June 2, 1988), No. 86CV-05-2754,191
unreported, that Chapter 4733. of the Revised Code does not apply192
to the business activities of the firms or their successors as193
described in that case.194

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