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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 |
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SENATORS Coughlin, Amstutz, Armbruster, Robert Gardner, Mumper, Nein, Spada, Wachtmann
A BILL
| To amend sections 4733.12 and 4733.16 of the Revised | 1 |
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Code to modify professional ownership and | 2 |
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management requirements a
business entity must | 3 |
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satisfy to obtain a
certificate of authorization | 4 |
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to provide
professional engineering or surveying | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4733.12 and 4733.16 of the Revised | 7 |
Code be amended to
read as follows: | 8 |
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Sec. 4733.12. (A) Applications for registration as a | 9 |
professional engineer or professional surveyor shall be on forms | 10 |
prescribed and furnished by the state board of registration for | 11 |
professional engineers and surveyors, shall contain statements | 12 |
made under oath setting forth the applicant's education, a | 13 |
detailed summary of
his
the applicant's technical work, and the | 14 |
branch in which
he
the applicant specializes, and shall contain | 15 |
not less than
five references,
of whom three or more shall be | 16 |
professional engineers or
professional surveyors having personal | 17 |
knowledge of
his
the
applicant's
engineering or surveying | 18 |
experience. The application shall be
accompanied by an | 19 |
application fee, which shall be established by
the board at an | 20 |
amount adequate to cover the costs of processing
the application. | 21 |
The examination fee for professional engineers, which shall | 22 |
accompany the "notice of intention" for each scheduled first
stage | 23 |
and second stage examination, shall be established by the
board at | 24 |
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 both | 27 |
examinations, shall be established by the board at an amount | 28 |
adequate to cover the expense of issuing a certificate of | 29 |
registration. | 30 |
The examination fee for professional surveyors, which shall | 31 |
accompany the "notice of intention" for each scheduled first
stage | 32 |
and second stage examination, shall be established by the
board at | 33 |
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 both | 36 |
examinations, shall be established by the board at an amount | 37 |
adequate to cover the expense of issuing a certificate of | 38 |
registration. | 39 |
(B) The board shall establish the fee for a certificate of | 40 |
authorization issued under
division (F) of section 4733.16 of the | 41 |
Revised Code in an amount not to exceed fifty dollars and the fee | 42 |
for annual renewal of a certificate of authorization, not to | 43 |
exceed twenty-five dollars. The fee for a duplicate certificate | 44 |
of authorization is five dollars. | 45 |
Sec. 4733.16. (A) A firm, partnership, association,
limited | 46 |
liability company, or corporation may provide
professional | 47 |
engineering or professional surveying services in
this state as | 48 |
long as the services are provided only through
natural persons | 49 |
registered to provide those services in the state,
subject to the | 50 |
exemptions in sections 4733.17 and 4733.18 of the
Revised Code and | 51 |
subject otherwise to the requirements of this
chapter. | 52 |
(B) No firm, partnership, association, limited liability | 53 |
company, or corporation, except a corporation that was granted a | 54 |
charter prior to August 7, 1943, to engage in providing | 55 |
professional engineering or
professional surveying services
in | 56 |
this state or that was otherwise lawfully
providing engineering | 57 |
services
in this state prior to November 15,
1982, shall
engage in | 58 |
providing
professional engineering or
professional
surveying | 59 |
services, hold
itself out to the public as being engaged in | 60 |
providing
professional
engineering or
professional surveying | 61 |
services, or use a name including
one or
more of the words | 62 |
"engineer," "engineering,"
or "surveyor,"
or
"surveying" or any | 63 |
modification or derivation of those words,
unless the firm, | 64 |
partnership, association, limited liability
company, or | 65 |
corporation
obtains a certificate of authorization from the
state | 66 |
board of registration for professional engineers and
surveyors and | 67 |
files all information required to be
filed under this section with | 68 |
the state board of registration for
professional engineers and | 69 |
surveyors and otherwise complies with
all requirements of this | 70 |
chapter. A nonprofit membership
corporation may use a name | 71 |
including one or more of the words
"engineer," "engineering," | 72 |
"surveyor," or "surveying" or any
modification or derivation of | 73 |
those words without complying with
this section. | 74 |
(C) A corporation may be organized under Chapter 1701. of | 75 |
the Revised Code, a professional association may be organized | 76 |
under Chapter 1785. of the Revised Code, or a limited liability | 77 |
company may be formed under Chapter 1705. of the Revised Code for | 78 |
the purpose of providing professional engineering, professional | 79 |
surveying, architectural, or landscape architectural services or | 80 |
any combination of those services. A corporation organized under | 81 |
Chapter 1701. of the Revised Code for the purpose of providing | 82 |
those services also may be organized for any other purpose in | 83 |
accordance with that chapter. | 84 |
(D)
No firm, partnership, association, limited liability | 85 |
company, or corporation shall provide or offer to provide | 86 |
engineering or surveying services in
this state unless
more than | 87 |
fifty per cent of the partners,
members, or shareholders, more | 88 |
than fifty per cent of the
directors in the case of a corporation | 89 |
or professional
association, and more than fifty per cent of the | 90 |
managers in the
case of a limited liability company the
management | 91 |
of which is not
reserved to its members, are
professional | 92 |
engineers, professional
surveyors, architects, or
landscape | 93 |
architects, or a combination
of those professions, who
are | 94 |
registered in this state
and who
own more than fifty per
cent of | 95 |
the interests in the firm,
partnership, association,
limited | 96 |
liability company, or
corporation; unless the
requirements of this | 97 |
division and of
section 1785.02 of the
Revised Code are satisfied | 98 |
with respect to
any professional
association organized under | 99 |
Chapter 1785. of the
Revised Code; or
unless the requirements of | 100 |
this division and of
Chapter 1705. of
the Revised Code are | 101 |
satisfied with respect to a
limited
liability company formed under | 102 |
that chapter. | 103 |
(E) Each firm, partnership, association, limited liability | 104 |
company, or corporation through which professional engineering or | 105 |
professional surveying services are offered or provided in this | 106 |
state shall designate one or more partners, managers, members, | 107 |
officers, or directors as being
responsible for and in responsible | 108 |
charge of the
professional engineering or professional surveying | 109 |
activities and
decisions, and those designated persons shall be | 110 |
registered in
this state. In the case of a corporation holding a | 111 |
certificate
of
authorization
provided for in division
(F)(E) of | 112 |
this section, at
least one of the persons so designated shall be a | 113 |
director of the
corporation. Each firm, partnership, association, | 114 |
limited
liability company, or corporation
of that type shall | 115 |
annually
file
with the state board of registration for | 116 |
professional
engineers
and surveyors
the name and address of each | 117 |
partner,
manager,
officer, director, member, or shareholder, and | 118 |
each
firm,
partnership, association, limited liability company, or | 119 |
corporation of that type shall annually file with the board the | 120 |
name
and address of
all owners and all persons designated as
being | 121 |
in
responsible charge of the professional engineering or | 122 |
professional surveying activities and decisions and any other | 123 |
information the board may require.
If there is a change in any | 124 |
such person in the interval between filings, the change shall be | 125 |
filed with the board in the manner and within the time that the | 126 |
board determines. | 127 |
(F)
No corporation organized under Chapter 1701. of the | 128 |
Revised Code shall engage in providing engineering or surveying | 129 |
services in this state without obtaining a certificate of | 130 |
authorization from the | 131 |
(E) The state board of registration for
professional | 132 |
engineers and surveyors. A corporation desiring a
certificate of | 133 |
authorization shall file with the board a copy of
a
certificate of | 134 |
good standing from the secretary of state and a
listing on the | 135 |
form that the board directs of the names and
addresses of all | 136 |
officers, directors, and shareholders of the
corporation, the | 137 |
names and addresses of any individuals providing
professional | 138 |
services on behalf of the corporation who are
registered to | 139 |
practice professional engineering or professional
surveying in | 140 |
this state, and any other information the board
requires. If all | 141 |
requirements of this chapter are met, the board
may
shall issue a | 142 |
certificate of authorization to
the
each firm, partnership, | 143 |
association, limited liability company, or corporation
that | 144 |
satisfies the requirements of this chapter, including providing | 145 |
information that the board may require pursuant to division (D) of | 146 |
this section.
No
certificate of authorization shall be issued | 147 |
unless persons
owning
more than fifty per cent of the | 148 |
corporation's shares and
more than
fifty per cent of the interests | 149 |
in the corporation are
professional engineers, professional | 150 |
surveyors, architects, or
landscape architects, or a combination | 151 |
of those professions, who
are registered in this state. Any | 152 |
corporation that holds a
certificate of authorization under this | 153 |
section and that
otherwise
meets the requirements of this chapter | 154 |
may be organized
for any
purposes for which corporations may be | 155 |
organized under
Chapter
1701. of the Revised Code and shall not be | 156 |
limited to the
purposes
of providing professional engineering, | 157 |
surveying,
architectural,
or landscape architectural services or | 158 |
any
combination of those
services. The board, by rules adopted in | 159 |
accordance with Chapter
119. of the Revised Code, may require any | 160 |
firm, partnership,
association, or limited liability company not | 161 |
organized under
Chapter 1701. of the Revised Code that provides | 162 |
engineering or
surveying services to obtain a certificate of | 163 |
authorization. If
the board so requires, no firm, partnership, | 164 |
association, or
limited liability company shall engage in | 165 |
providing engineering or
surveying services without obtaining the | 166 |
certificate and complying
with the rules. | 167 |
(G)(F) This section does not modify any law applicable to | 168 |
the
relationship between a person furnishing a professional | 169 |
service
and a person receiving that service, including liability | 170 |
arising
out of that service. | 171 |
(H)(G) Nothing in this section shall restrict or limit in | 172 |
any
manner the authority or duty of the state board of | 173 |
registration
for professional engineers and surveyors with respect | 174 |
to natural
persons providing professional services or any law or | 175 |
rule
pertaining to standards of professional conduct. | 176 |
(I)(H) Corporations, partnerships, associations, limited | 177 |
liability companies, or firms organized under the laws of another | 178 |
state or country wishing to provide professional engineering or | 179 |
professional surveying services shall obtain a certificate of | 180 |
authorization and meet the applicable requirements of this | 181 |
section. | 182 |
Section 2. That existing sections 4733.12 and 4733.16 of the | 183 |
Revised Code are
hereby repealed. | 184 |
Section 3. In amending Chapter 4733. of the Revised Code in | 185 |
this act and in all previous acts of the General Assembly from | 186 |
June 2, 1988, through the effective date of this act, it is the | 187 |
intent of the General Assembly to reflect and accept the holding | 188 |
of the Franklin County Court of Common Pleas in S.E.A., Inc. v. | 189 |
State Board of Registration for Professional Engineers and | 190 |
Surveyors (Franklin Cty. C.P., June 2, 1988), No. 86CV-05-2754, | 191 |
unreported, that Chapter 4733. of the Revised Code does not apply | 192 |
to the business activities of the firms or their successors as | 193 |
described in that case. | 194 |
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