Senate Bill No. 382

Senate Bill No. 382-Committee on Commerce and Labor

CHAPTER

295

AN ACT relating to professions; specifying the duties of the state board of professional engineers and land surveyors; requiring the board to adopt regulations governing the election of its officers; revising the provisions governing the administration of the examinations for licensure as a professional engineer or professional land surveyor; revising the provisions governing the licensing of land surveyors who are licensed in a foreign country; eliminating the authority of the board to certify a land surveyor intern who is certified in another state or territory of the United States; providing a penalty; and providing other matters properly relating thereto.

[Approved July 5, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 623.330 is hereby amended to read as follows:
623.3301. The following persons are exempt from the provisions of this chapter:
(a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.
(b) A person hired by the Federal Government to practice architecture on federal land.
(c) A professional engineer [registered] licensed pursuant to the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.
(d) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
(e) Any person who prepares plans, drawings or specifications for:
(1) Buildings for his own private residential use; or
(2) Farm or ranch buildings used as such.
(f) A person engaging in work related to interior design as an employee of a registered interior designer, if the work does not include responsible charge of interior design or supervision, or a consultant retained by a registered interior designer.
(g) Any person who prepares drawings of the layout of materials or furnishings used in interior design or provides assistance in the selection of materials or furnishings used in interior design, including, without limitation:
(1) Decorative accessories;
(2) Wallpaper, wallcoverings or paint;
(3) Linoleum, tile, carpeting or floor coverings;
(4) Draperies, blinds or window coverings;
(5) Lighting which is not part of a structure;
(6) Plumbing fixtures which are not a part of a structure; and
(7) Furniture or equipment,
if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure.
2. Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
3. The exemptions provided by this section do not entitle any person who does not hold a certificate of registration to hold himself out to the public or advertise himself as an architect, registered interior designer or residential designer.
Sec. 2. NRS 623.350 is hereby amended to read as follows:
623.3501. This chapter does not prevent firms, partnerships, corporations or associations of architects, registered interior designers, professional engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered or licensed pursuant to the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2. Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture must have an architect who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the architectural work conducted in the office or place of business.
3. The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.
Sec. 3. NRS 623A.070 is hereby amended to read as follows:
623A.0701. This chapter does not apply to:
(a) Owners of property who make plans, specifications or drawings for their own property.
(b) Any person engaged in the practice of architecture who is registered pursuant to chapter 623 of NRS.
(c) A contractor licensed pursuant to chapter 624 of NRS who provides his own drawings for his own construction activities.
(d) Any person who is [registered] licensed as a civil engineer pursuant to chapter 625 of NRS.
(e) Any person who designs, manufactures or sells irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.
2. Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
3. The exemptions provided by this section do not entitle any person who does not hold a certificate to practice landscape architecture to hold himself out to the public or advertise himself as a landscape architect.
Sec. 4. NRS 624.020 is hereby amended to read as follows:
624.0201. For the purpose of this chapter , "contractor" is synonymous with "builder."
2. Within the meaning of this chapter, a contractor is any person, except a registered architect or a [registered] licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project [shall] must be accepted by the board or any court of this state as prima facie evidence that the person securing [such] that permit or employing any person on a construction project is acting in the capacity of a contractor [under] pursuant to the provisions of this chapter.
3. A contractor within the meaning of this chapter includes subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor within the meaning of this chapter includes a construction manager who performs management and counseling services on a construction project for a professional fee.
Sec. 5. Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 11, inclusive, of this act.
Sec. 6. "Intern" means an engineer intern or a land surveyor intern.
Sec. 7. "Licensee" means a professional engineer or professional land surveyor licensed pursuant to the provisions of this chapter.
Sec. 8. The board shall:
1. Issue licenses to qualified and competent persons as professional engineers and professional land surveyors and certify qualified and competent persons as engineer interns and land surveyor interns.
2. Carry out the provisions of this chapter.
3. Upon request, provide information concerning the regulation of the practice of professional engineering and land surveying.
Sec. 9. 1. The board shall hold examinations of applicants for licenses at least once each year in localities determined by the number of applications received.
2. The examinations must be written and administered in English.
Sec. 10. 1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional engineer.
2. An applicant for licensure as a professional engineer must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of engineering or receive a waiver of that requirement; and
(2) Principles and practices of engineering,
pursuant to section 11 of this act.
3. An applicant for licensure as a professional engineer may not take the examination on the principles and practices of engineering, unless he:
(a) Is a graduate of an engineering curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in engineering that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work; or
(b) Has a record of 10 years or more of active experience in engineering work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work.
4. For the purposes of determining whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (a) of subsection 3:
(a) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.
(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a person who is a professional engineer, unless that requirement is waived by the board.
(c) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.
5. For the purposes of determining whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:
(a) Satisfactory completion of 1 year of courses in engineering that are approved by the board, by a person who has not graduated from an engineering curriculum, is equivalent to 1 year of active experience in engineering.
(b) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.
(c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a person who is a professional engineer unless that requirement is waived by the board.
(d) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.
(e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.
6. A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.
Sec. 11. 1. The examination for licensure as a professional engineer must consist of:
(a) An 8-hour examination on the fundamentals of engineering that must cover the subject matter of a general education or training in engineering. If the applicant for licensure as a professional engineer has 15 years or more of experience in engineering, the examination on the fundamentals of engineering may be waived. For the purposes of determining the years of experience of an applicant for licensure as a professional engineer pursuant to this paragraph, the board shall consider graduation from an engineering curriculum that is approved by the board to be equivalent to 4 years of experience.
(b) An 8-hour examination on the principles and practices of engineering that must cover the discipline of engineering in which the applicant is applying for licensure.
2. An applicant for licensure as a professional engineer must pass the examination on the fundamentals of engineering or receive a waiver of that requirement before he may take the examination on the principles and practices of engineering.
3. When determining the content of the examinations on the fundamentals of engineering and the principles and practices of engineering, the board shall consider the recognized disciplines of engineering and may conform the examination to the particular qualifications of the applicant.
4. The board may require additional examinations for licensure in specialized areas of practice within one or more recognized disciplines of engineering.
5. The board may administer or authorize an accredited college or university that offers a program in engineering approved by the board to administer the examination on the fundamentals of engineering to persons who are not applicants for licensure as professional engineers in this state.
6. The board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.
7. The board may require the examinations or any portion of the examinations set forth in this section to be completed:
(a) In writing, with a pen or pencil of a type that has been approved by the board;
(b) With a computer that has been provided or approved by the board; or
(c) Orally, in the manner prescribed by the board.
Sec. 12. NRS 625.005 is hereby amended to read as follows:
625.005 The purpose of this chapter is to safeguard life, health and property and to promote the public welfare by providing for the [registration] licensure of qualified and competent professional engineers and professional land surveyors.
Sec. 13. NRS 625.008 is hereby amended to read as follows:
625.008 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 625.010 to 625.090, inclusive, and sections 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 14. NRS 625.030 is hereby amended to read as follows:
625.030 ["Engineering] "Engineer intern" means [an applicant for registration as a professional engineer.] a person who has satisfied the requirements of NRS 625.275 and subsection 1 of NRS 625.390.
Sec. 15. NRS 625.035 is hereby amended to read as follows:
625.035 ["Land-surveying] "Land surveyor intern" means [an applicant for registration as a land surveyor.] a person who has satisfied the requirements of NRS 625.275 and subsection 1 of NRS 625.390.
Sec. 16. NRS 625.060 is hereby amended to read as follows:
625.060 "Professional engineer" means a person who by reason of his professional education and practical experience is granted a [certificate of registration] license by the board to practice professional engineering.
Sec. 17. NRS 625.070 is hereby amended to read as follows:
625.070 "Professional land surveyor" means a person who by reason of his professional education and practical experience is granted a [certificate of registration] license by the board to practice land surveying in this state.
Sec. 18. NRS 625.100 is hereby amended to read as follows:
625.100 1. The governor shall appoint seven persons, six of whom must be engaged in the practice or teaching of professional engineering in any of its disciplines except military engineering, and one of whom must be engaged in the practice or teaching of land surveying. The members must be citizens of the United States and residents of this state, and [they] constitute the state board of professional engineers and land surveyors.
2. All appointments made must be from the current roster of [registered] professional engineers and professional land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board must be distributed proportionately among the recognized disciplines of the profession. One of the members who is a professional land surveyor must not be [registered] licensed as a professional engineer.
3. Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the secretary of state.
Sec. 19. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect [one of its members as chairman and one of its members as vice chairman, each of whom holds office for 2 years and until a successor is elected and qualified.] officers from its members and, by regulation, establish the:
(a) Offices to which members may be elected;
(b) Title and term for each office; and
(c) Procedure for electing members to each office.
2. At any meeting, four members constitute a quorum.
3. Each member is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
5. [Expenses of the board and expenses and] The salaries of members of the board and employees of the board must be paid from the fees received by the board pursuant to the provisions of this chapter, and no part of those salaries [and expenses] may be paid out of the state general fund.
6. The board shall appoint an executive director who serves at the pleasure of the board and is entitled to receive such compensation as may be fixed by the board.
Sec. 20. NRS 625.140 is hereby amended to read as follows:
625.140 The board may adopt all bylaws and regulations, including the adoption [and promulgation] of a code of conduct which is binding on any person [registered] licensed in accordance with the provisions of this chapter, not inconsistent with the constitution and laws of this state, which are necessary for the proper performance of the duties of the board, the regulation of the proceedings before it and the maintenance of a high standard of integrity and dignity in the profession.
Sec. 21. NRS 625.150 is hereby amended to read as follows:
625.150 1. The board shall deposit in banks and savings and loan associations in the State of Nevada all money collected by it.
2. Except as otherwise provided in subsection 6, all money collected by the board must be used to meet the expenses of conducting examinations, [the expenses of issuance of certificates and the expenses of] issuing licenses and conducting the office of the board.
3. The expenses [,] of the board, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses of conducting examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.
4. Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney's fees or the costs of an investigation, or both.
7. The board shall consider and take appropriate action concerning a written notification received by the board pursuant to section 2 or 3 of [this act.] Assembly Bill No. 328 of this session.
Sec. 22. NRS 625.170 is hereby amended to read as follows:
625.170 1. The executive director of the board shall , [prepare] once each year [,] or at intervals [as] established by the board, prepare a roster [showing the names, last known addresses and disciplines of engineering of all registered professional engineers and the names and last known addresses of all land surveyors, engineering interns and land-surveying interns. Copies of the] that shows, for each:
(a) Professional engineer, his name, the city in which he lives, his license number and the discipline of engineering in which he specializes.
(b) Professional land surveyor, his name, the city in which he lives and his license number.
(c) Engineer intern or land surveyor intern, his name and license number.
2. The roster must be:
[1. Mailed to each person so registered.
2.] (a) Made available to each licensee in a manner prescribed by the board.
(b) Placed on file with the secretary of state and county and city clerks.
[3.] (c) Distributed or sold to the public.
Sec. 23. NRS 625.175 is hereby amended to read as follows:
625.175 The board may by regulation define the scope of each discipline of professional engineering for which [registration] licensure is required pursuant to this chapter.
Sec. 24. NRS 625.261 is hereby amended to read as follows:
625.261 1. Except as otherwise provided in this section:
(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor , respectively, at each place of business where [land-surveying] such work is or will be performed; and
(b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor , respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.
2. If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and
(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.
3. [This section does] Except as otherwise provided in subsection 4:
(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business shall employ full time at that place of business a professional engineer licensed in that discipline.
(b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.
4. The provisions of this section do not apply to [firms, partnerships, corporations or other persons practicing] a firm, partnership, corporation or other person who:
(a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or
(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews [,] or offices established for inspecting construction.
Sec. 25. NRS 625.270 is hereby amended to read as follows:
625.270 1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
may apply to the board , [for examination,] in accordance with the provisions of this chapter and any regulations adopted by the board, for [registration] licensure as a professional land surveyor.
2. [A person is not eligible for registration as a professional land surveyor if he is not of good character and reputation.
3.] An applicant for [registration] licensure as a professional land surveyor must:
(a) Be of good character and reputation; and
(b) Pass the examination on the:
(1) Fundamentals of land surveying or receive a waiver of that requirement; and
(2) Principles and practices of land surveying,
pursuant to NRS 625.280.
3. An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless he:
(a) Is a graduate of a land-surveying curriculum of 4 years or more that is approved by the board and [have] has a record of [an additional] 4 years or more of active experience in land surveying that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work; or
(b) [Have] Has a record of 10 years or more of active experience in land-surveying work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work.
4. For the purposes of determining whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to paragraph (a) of subsection 3:
(a) Graduation from a college or university in a field other than land surveying is equivalent to 2 years of active experience.
(b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a person who is a professional land surveyor, unless that requirement is waived by the board.
(c) The execution, as a contractor, of work designed by a professional land surveyor or the supervision of the construction of that work, as a foreman or superintendent, is not equivalent to active experience in land surveying.
5. For the purposes of [evaluating an applicant's qualifications for registration, the board shall consider:] determining whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to paragraph (b) of subsection 3:
(a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board [to be] , by a person who has not graduated from a land-surveying curriculum, is equivalent to 1 year of active experience in land surveying . [; and]
(b) Graduation from a college or university [curriculum] in a field other than land surveying [to be] is equivalent to 2 years of active experience.
[5. An applicant may not receive credit for]
(c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a person who is a professional land surveyor unless that requirement is waived by the board.
(d) The execution, as a contractor, of work designed by a professional land surveyor or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.
(e) Not more than 4 years of active experience [because of educational qualifications described in subsection 4.] may be satisfied by the completion of educational course work.
6. A person who is not working in the field of land surveying when he applies for licensure is eligible for licensure as a professional land surveyor if he complies with the requirements for licensure prescribed in this chapter.
Sec. 26. NRS 625.275 is hereby amended to read as follows:
625.275 [Except as provided in NRS 625.305, to]
1. To be eligible for certification as a [land-surveying] land surveyor intern, an applicant must:
[1.] (a) Be a graduate of or in his final year of an [approved] land-surveying or engineering curriculum of 4 years [of more,] or more that has been approved by the board [as satisfactory,] and have [successfully passed part 1 of a written examination designated by the board; or
2.] passed the examination on the fundamentals of land surveying provided for in NRS 625.280; or
(b) Have had 4 years or more of experience in land-surveying work that is satisfactory to the board [,] and have [successfully passed part 1 of] passed the examination on the fundamentals of land surveying provided for in NRS 625.280.
2. To be eligible for certification as an engineer intern, an applicant must:
(a) Be a graduate of or in his final year of an engineering curriculum of 4 years or more that has been approved by the board and have passed the examination on the fundamentals of engineering provided for in section 11 of this act; or
(b) Have had 4 years or more of experience in engineering work that is satisfactory to the board and have passed the examination on the fundamentals of engineering provided for in section 11 of this act.
Sec. 27. NRS 625.280 is hereby amended to read as follows:
625.280 1. The [written] examination for [registration] licensure as a professional land surveyor must consist of [a 2-day test, four 4-hour periods, divided into two parts:
(a) Part 1 must be an 8-hour written] :
(a) An 8-hour examination on the fundamentals of land surveying [and] that must cover the subject matter of a general land-surveying education or training. If the applicant [is a graduate of a curriculum of land surveying that is approved by the board or has 8] for licensure as a professional land surveyor has 15 years or more of experience in land surveying, [part 1] the examination on the fundamentals of land surveying may be waived. For the purposes of determining the years of experience of an applicant for licensure as a professional land surveyor pursuant to this paragraph, the board shall consider graduation from a land-surveying curriculum that is approved by the board to be equivalent to 4 years of experience.
(b) [Part 2 must be an 8-hour written] An 8-hour examination on the principles and [practice] practices of land surveying.
2. An applicant for licensure as a professional land surveyor must pass [part 1 of] the examination on the fundamentals of land surveying or receive a waiver of [part 1 before taking part 2 of] that requirement before he may take the examination [.] on the principles and practices of land surveying.
3. The board may administer or authorize an accredited college or university that offers a program in land surveying approved by the board to administer the examination on the fundamentals of land surveying to persons who are not applicants for licensure as professional land surveyors in this state.
4. The board may prescribe or limit the use of notes, texts and reference materials [, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
4. Oral examinations must be given in the manner prescribed by the board.] by applicants who are taking the examinations.
5. The board may require the examinations or any portion of the examinations set forth in this section to be completed:
(a) In writing, with a pen or pencil of a type that has been approved by the board;
(b) With a computer that has been provided or approved by the board; or
(c) Orally, in the manner prescribed by the board.
Sec. 28. NRS 625.290 is hereby amended to read as follows:
625.290 To qualify for [registration] licensure as a professional engineer or professional land surveyor or for certification as [a land-surveying] an engineer intern or land surveyor intern, an applicant must receive a grade of not less than 70 on [his examination.] each examination required by the board.
Sec. 29. NRS 625.295 is hereby amended to read as follows:
625.295 1. The board shall issue a [certificate of registration] license to practice professional engineering or land surveying to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter concerning professional engineers or professional land surveyors [.
2. Certificates of registration] , respectively.
2. A license to practice professional engineering or land surveying must:
(a) Show the full name of the [registrant.
(b) Have a registration number.] licensee.
(b) Include the number of the license.
(c) Be signed by the chairman and executive director under the seal of the board.
(d) Authorize the practice of professional engineering in the discipline for which the applicant has qualified or the practice of land surveying [.] , respectively.
3. The issuance of a [certificate of registration] license to practice professional engineering or land surveying by the board is evidence that the person named thereon is entitled to all the rights and privileges of a professional engineer or professional land surveyor , respectively, while the [certificate] license remains unrevoked or unexpired.
Sec. 30. NRS 625.300 is hereby amended to read as follows:
625.300 1. The board may issue a license to practice professional engineering or land surveying to an applicant, upon presentation of evidence [of registration] that he is licensed to practice professional engineering or land surveying, respectively, and in good standing [from] in a state [or territory maintaining] , territory, possession of the United States or country that maintains standards of engineering or land-surveying [registration] licensure, equivalent to those in Nevada, if [such person,] the applicant, in the judgment of the board, has the necessary qualifications [under] pursuant to the provisions of this chapter.
2. The board [, in its discretion,] may require an applicant for licensure as a professional engineer or professional land surveyor pursuant to subsection 1 to pass a written or oral examination [.] conducted by not less than three professional engineers or professional land surveyors, respectively.
Sec. 31. NRS 625.325 is hereby amended to read as follows:
625.325 1. Each professional engineer and professional land surveyor [must, upon registration,] shall obtain a [seal] stamp of the design authorized by the board, bearing his name and [registration] the number of his license and the legend "Professional Engineer" followed by the discipline for which he is qualified or the legend "Professional Land Surveyor [."
2. A rubber stamp which produces in ink the same design and information required by subsection 1 may be used in lieu of the prescribed seal.
3.] ," respectively.
2. A professional land surveyor shall not use the legend "Professional Engineer."
Sec. 32. NRS 625.330 is hereby amended to read as follows:
625.330 1. A professional land surveyor may practice land surveying and prepare:
(a) Maps, plats, reports and descriptions; and
(b) Grading and drainage plans for residential subdivisions containing four lots or less,
or other documentary evidence in connection therewith.
2. [Every map, plat, report, drawing, description, grading and drainage plan or other document issued by a professional land surveyor must be signed by him, endorsed with his certificate number, dated and stamped with his seal or rubber stamp, whenever the map, plat, report, drawing, description, grading and drainage plan or other document is filed as a public record, filed with any public authority or delivered as a formal or final document.
3.] It is unlawful for a professional land surveyor to sign [, stamp or seal] or stamp any map, plat, report, description, grading and drainage plan or other document relating to land surveying which was not prepared by him or for which he did not have [the] responsible charge of the work.
3. It is unlawful for a professional engineer to sign or stamp any plans, specifications or reports that were not prepared by him or for which he did not have responsible charge of the work.
4. It is unlawful for [anyone to stamp or seal] any person to impress any documents with the [seal] stamp of a professional engineer or professional land surveyor after the [certificate] license of the professional engineer or professional land surveyor named on the [seal] stamp has expired or has been suspended or revoked, unless his [certificate] license has been renewed or reissued.
5. It is unlawful for any person to impress any documents with the stamp of a professional engineer or professional land surveyor after the professional engineer or professional land surveyor has retired from the practice of professional engineering or land surveying.
6. The board shall, by regulation, prescribe additional requirements relating to the signing and stamping of documents produced by a professional engineer or a professional land surveyor.
7. A person who violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 33. NRS 625.335 is hereby amended to read as follows:
625.335 1. A surveyor may enter public or private land, a water course or a body of water to:
(a) Investigate, recover, establish, reestablish, rehabilitate, perpetuate or use evidence of a boundary location.
(b) Locate, relocate, use, install or replace a survey monument.
(c) Perform land or control surveying.
2. Before entering private land pursuant to subsection 1, a surveyor [shall] must provide written notice to the owner or occupant of the land of the proposed date and approximate time of entry upon the land and a statement of the purpose for entry upon the land. The notice must include the name, [registration] number of the license and business affiliation of the surveyor. The surveyor shall obtain the approval of the owner or occupant of the land before entry. An owner shall not unreasonably withhold approval of such entry on his land. The provisions of this subsection are not applicable to an entry made pursuant to NRS 37.050.
3. [Nothing in] The provisions of this section [may be construed to] do not relieve a surveyor from any civil liability for any damage caused by his entry pursuant to subsection 1.
4. As used in this section, "surveyor" includes:
(a) A professional land surveyor or his designee.
(b) A surveyor employed by the Federal Government or an agency of the Federal Government, the State of Nevada, a political subdivision of the state or an agency of the state.
Sec. 34. NRS 625.350 is hereby amended to read as follows:
625.350 1. A record of survey must be a map legibly drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for [such] that purpose in the engineering profession. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and 2 inches at the left edge along the 24-inch dimension.
2. A record of survey must show:
(a) All monuments found, set, reset or replaced, describing their kind, size and location and giving other data relating thereto.
(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.
(c) The name and legal description of the tract in which the survey is located and any ties to adjoining tracts.
(d) The tie to [Coast and Geodetic Survey Control System,] the control network maintained by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, if points of the [system] network are established in the area in which the survey is made.
(e) A memorandum of oaths, if any.
(f) The signature and validated [seal] stamp of the surveyor who performed the survey.
(g) A certificate prepared by the surveyor indicating:
(1) The person or entity for whom the survey was performed;
(2) The general vicinity of the property being surveyed;
(3) The date the survey was completed;
(4) Whether monuments were found or set and, if so, their character and location as shown; and
(5) Any other pertinent information.
(h) Any other data necessary for the [intelligent] interpretation of the various items and locations of the points, lines and areas shown.
3. If the land surveyed is described in terms of area, the record of the survey must show the area of the land surveyed in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(b) In square feet , if the area is less than 2 acres.
4. As used in this section, "control network" means a system of coordinates that defines latitude, longitude, height, scale, gravity and orientation throughout the United States.
Sec. 35. NRS 625.380 is hereby amended to read as follows:
625.380 1. Monuments set must be sufficient in number and durability and efficiently placed so as not to be readily disturbed to [assure,] ensure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey.
2. Any monument set by a professional land surveyor to mark or reference a point on a property or boundary line must be permanently and visibly marked or tagged with the [registration] number of the license of the professional land surveyor setting it, each number to be preceded by the letters "P.L.S."
Sec. 36. NRS 625.385 is hereby amended to read as follows:
625.385 1. The board shall certify as an [engineering] engineer intern or [land-surveying] land surveyor intern any person qualified pursuant to the provisions of this chapter.
2. A person certified as an engineer intern or land surveyor intern pursuant to subsection 1 may practice only engineering or land surveying , respectively, as a subordinate. Any work performed by an [engineering] engineer intern or [land-surveying] land surveyor intern may, if deemed of a satisfactory nature by the board, be applied toward the requirements for experience set forth in NRS [625.180 and 625.270.] 625.270 and section 10 of this act for certification as an engineer intern or land surveyor intern, respectively.
Sec. 37. NRS 625.390 is hereby amended to read as follows:
625.390 1. An applicant for [registration] licensure as a professional engineer or professional land surveyor or for certification as an [engineering] engineer intern or [land-surveying] land surveyor intern must:
(a) Complete a form furnished and prescribed by the board;
(b) Answer all questions on the form under oath; [and]
(c) Provide a detailed summary of his technical training and education [.] ; and
(d) Pay the fee established by the board.
2. Unless the requirement is waived by the board, an applicant for [registration] licensure must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the board. If the applicant is:
(a) Applying for [registration as a land-surveying intern, at least three of the persons named as references must be professional land surveyors registered in this or any other state.
(b) Applying for registration] licensure as a professional engineer, the persons named as references must be professional engineers [registered] licensed in this state or any other state, three of whom must be [registered] licensed in the same discipline of engineering for which the applicant is applying for [registration.
(c)] licensure.
(b) Applying for [registration] licensure as a professional land surveyor, the persons named as references must be professional land surveyors [registered] licensed in this state or any other state.
3. The board shall, by regulation, establish the [application] fee for licensure as a professional [engineers] engineer and professional [land surveyors] land surveyor in an amount not more than $200. The fee is nonrefundable and must accompany the application.
4. The board shall charge and collect from each applicant for certification as an [engineering] engineer intern or [land-surveying] land surveyor intern a fee fixed by the board of not more than $100, which includes the cost of examination and the issuance of a certificate.
5. A nonresident applying for [registration] licensure as a professional engineer or professional land surveyor is subject to the same fees as a resident.
6. An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.
7. The board shall require the biennial renewal of each [certificate of registration] license of a professional engineer or professional land surveyor and collect a [renewal] fee for renewal of not more than $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
8. In addition to the fee for renewal, the board shall require a holder of an expired [certificate of registration] license to pay, as a condition of renewal, a penalty in an amount established by regulation of the board.
Sec. 38. NRS 625.395 is hereby amended to read as follows:
625.395 Each [person who holds a certificate of registration] licensee must renew his [certificate] license and pay the fee for renewal. Any [holder of a certificate of registration] licensee who fails to renew his [certificate] license may do so within 6 months after the date of its expiration, upon application to and with the approval of the board, and upon payment of all required fees and penalties. The board may extend the time for renewal of the expired [certificate.] license.
Sec. 39. NRS 625.397 is hereby amended to read as follows:
625.397 The board may require any person:
1. Whose [certificate authorizing the person] license to practice professional engineering or land surveying has expired; or
2. Who has been the subject of a disciplinary proceeding before the board,
to pass a written or oral examination as a condition of reinstating or renewing his [certificate.] license.
Sec. 40. NRS 625.400 is hereby amended to read as follows:
625.400 A new [certificate of registration] license to replace any [certificate] license revoked, lost, destroyed or mutilated may be issued, subject to the regulations of the board, and a charge of not more than $40 may be made for its issuance.
Sec. 41. NRS 625.403 is hereby amended to read as follows:
625.403 The use of the word "certify" or "certification" by a [registered] professional engineer or professional land surveyor in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification.
Sec. 42. NRS 625.405 is hereby amended to read as follows:
625.405 1. Any person who furnishes information concerning a licensee, an applicant for [registration or a registrant] licensure, an intern or an applicant for certification as an intern in good faith and without malicious intent is immune from any civil action for furnishing that information.
2. The board, any member, employee or committee of the board, counsel, investigator, expert, hearing officer, [registrant] licensee, intern or other person who assists the board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the board.
(b) Disseminating information concerning a licensee, an applicant for [registration or a registrant] licensure, an intern or an applicant for certification as an intern to any other licensing board, national association of registered boards, an agency of the Federal Government or of the state, the attorney general or any law enforcement agency.
Sec. 43. NRS 625.410 is hereby amended to read as follows:
625.410 The board may take disciplinary action against [any registrant or any person applying for registration for any of the following reasons:] a licensee, an applicant for licensure, an intern or an applicant for certification as an intern for:
1. The practice of any fraud or deceit in obtaining or attempting to obtain or renew a [certificate of registration] license or cheating on any examination required by this chapter.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a [registered] professional engineer or in the practice of land surveying as a professional land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter or regulation adopted by the board.
4. Conviction of or entry of a plea of nolo contendere to:
(a) Any felony; or
(b) Any crime, an essential element of which is dishonesty, or which is directly related to the practice of engineering or land surveying.
5. A violation of any provision of this chapter or regulation adopted by the board.
6. Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.
7. Practicing after [his certificate of registration] the license of the professional engineer or professional land surveyor has expired or has been suspended or revoked.
8. [Failure] Failing to comply with an order issued by the board.
9. [Failure] Failing to provide requested information within 30 days after receipt of a request by the board or its investigators concerning a complaint made to the board.
Sec. 44. NRS 625.420 is hereby amended to read as follows:
625.420 1. Any person may file with the board a charge concerning a violation of any provision of this chapter or regulation adopted by the board against any [registrant. Charges] person. The charges must be in writing and filed with the board.
2. All charges, unless dismissed by the board as unfounded or trivial, must be heard by the board within a reasonable time. An action against a [registrant] person may not be commenced by the filing of a formal complaint more than 1 year after the date on which the board received the charges.
Sec. 45. NRS 625.425 is hereby amended to read as follows:
625.425 1. Any information obtained during the course of an investigation by the board and any record of an investigation is confidential until the investigation is completed. If no disciplinary action is taken against a [registrant,] licensee, an applicant for licensure, an intern or an applicant for certification as an intern, or no civil penalty is imposed pursuant to NRS 625.590, the information in [any] his investigative file remains confidential. If a formal complaint is filed, all pleadings and evidence introduced at the hearing are public records.
2. The provisions of this section do not prohibit the board or its employees from communicating and cooperating with another licensing board or any other agency that is investigating a [registrant.] person.
Sec. 46. NRS 625.430 is hereby amended to read as follows:
625.430 1. The time and place for the hearing must be fixed by the board, and notice of the time and place of hearing must be personally served on [the registrant] the person against whom a complaint has been filed with the board or mailed to [the] his last known address [of the registrant] at least 30 days before the date fixed for the hearing.
2. The board may suspend the [certificate of registration] license of a [registrant] licensee without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the [certificate of registration] license and incorporates that finding in its order. If the board summarily suspends the [certificate of registration] license of a [registrant,] licensee, a hearing must be held within 30 days after the suspension.
Sec. 47. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, a majority of the members of the board present at the hearing vote in favor of finding the accused [professional engineer, professional land surveyor, or applicant for registration as a professional engineer or land surveyor or for certification as an engineering intern or land-surveying intern,] person guilty, the board may:
1. Revoke the [certificate of registration] license of the [registered] professional engineer or professional land surveyor or deny a [certificate of registration] license to the applicant;
2. Suspend the license of the professional engineer or professional land surveyor;
3. Fine the [professional engineer, professional land surveyor] licensee or applicant for licensure not more than [$5,000] $15,000 for each violation of a provision of this chapter or any regulation adopted by the board;
4. Place the [professional engineer, professional land surveyor] licensee or applicant for licensure on probation for such periods as it deems necessary and, if the board deems appropriate, require the [professional engineer, professional land surveyor] licensee or applicant for licensure to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the board; or
5. Take such other disciplinary action as the board deems appropriate.
Sec. 48. NRS 625.470 is hereby amended to read as follows:
625.470 The board [, for reasons which it may deem sufficient,] may reissue a [certificate of registration] license to any person whose [certificate] license has been revoked if a majority of the members of the board vote in favor of [such] reissuance.
Sec. 49. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons are exempt from the provisions of this chapter which require [registration:] licensure:
1. Any subordinate of a [registered] professional engineer of this state [insofar as] if he acts as a subordinate.
2. Officers and employees of the United States Government who have qualified [under] pursuant to federal regulations and have been authorized to do engineering for the Federal Government, but no such governmental officer or employee may engage in the private practice of engineering in Nevada unless he is [registered under the law.] licensed pursuant to the provisions of this chapter.
Sec. 50. NRS 625.490 is hereby amended to read as follows:
625.490 The following persons are exempt from the provisions of this chapter concerning the practice of land surveying:
1. Any state, county, city or district employee directly responsible to a professional land surveyor.
2. Any subordinate to a professional land surveyor of this state [, insofar as] if he acts as a subordinate.
3. [Registered professional] Professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto.
4. Officers and employees of the United States Government who have qualified [under] pursuant to federal regulations and have been authorized to make surveys for the government, but such a governmental employee shall not engage in private practice as a land surveyor in Nevada unless he is [registered under] licensed pursuant to the provisions of this chapter.
Sec. 51. NRS 625.500 is hereby amended to read as follows:
625.500 The [registration] licensure requirements of this chapter do not apply to the employees of interstate or intrastate public utility companies while they are engaged in work for [such] those companies or to any architect registered [under] pursuant to the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS.
Sec. 52. NRS 625.520 is hereby amended to read as follows:
625.520 1. Except as otherwise provided in subsection 4, it is unlawful for:
(a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any discipline thereof;
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, "engineer," "engineering," "engineered," "professional engineer" or "licensed engineer"; or
(3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
(b) Any [registered] professional engineer to practice or offer to practice a discipline of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the [certificate of registration] license or the [seal] stamp of another [.] person.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a [certificate of registration.] license.
(e) Any person to impersonate any other [registrant] licensee of like or different name.
(f) Any person to attempt to use an expired, suspended or revoked [certificate of registration.] license.
(g) Any person to violate any of the provisions of this chapter.
2. Whenever any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter, the district court in any county, if the court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
3. This section does not prevent a contractor licensed in accordance with the provisions of chapter 624 of NRS from using the term "engineer" or "engineering" if the term is used by the state contractors' board in describing a specific classification.
4. Subparagraph (2) of paragraph (a) of subsection 1 does not apply to any corporation using such a term in its corporate name, if the corporation:
(a) Filed its articles of incorporation with the secretary of state on or before September 30, 1991; and
(b) Files with the board a written statement signed by a corporate officer under penalty of perjury in which he states that the corporation:
(1) Is not practicing or offering to practice engineering in this state; and
(2) Will not do so unless [and until] it is properly licensed or exempted in accordance with the provisions of this chapter.
5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 53. NRS 625.530 is hereby amended to read as follows:
625.530 1. The State of Nevada or any of its political subdivisions, [such as] including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying , [or engineering,] unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, [a registered] a professional engineer, professional land surveyor or registered architect.
2. [Nothing in] The provisions of this section [:
(a) Applies] do not:
(a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.
(b) [Includes] Include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) [Authorizes either] Authorize a professional engineer , [or a] registered architect or [a] professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) [Requires] Require the services of an architect registered [under] pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if [such] those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a [registered] professional engineer, professional land surveyor or registered architect to perform services [under] pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed [,] and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer, land surveyor or architect.
Sec. 54. NRS 625.540 is hereby amended to read as follows:
625.540 1. It is unlawful for a person [:] who is:
(a) Not properly [registered,] licensed or exempted in accordance with the provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice land surveying;
(2) Set, reset or replace any survey monument; or
(3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person who is not licensed [or registered] pursuant to this chapter is qualified or authorized to practice land surveying.
(b) To present or attempt to use, as his own, the [certificate of registration,] license or [seal] stamp of another [.] person.
(c) To give any false or forged evidence of any kind to the board or any member thereof in obtaining a [certificate of registration or] license.
(d) To impersonate any other [registrant] licensee of the same or a different name.
(e) To attempt to use an expired, suspended or revoked [certificate of registration or] license.
(f) To violate any of the provisions of this chapter.
2. A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 55. NRS 625.560 is hereby amended to read as follows:
625.560 It is unlawful for any person to sign [, stamp or seal] or stamp any map, plat, report, description or other document pertaining to the practice of land surveying unless he holds [a valid] an unsuspended and unrevoked [certificate] license as a professional land surveyor.
Sec. 56. NRS 625.570 is hereby amended to read as follows:
625.570Any employee or [official] officer who is employed on a full-time basis by the state, or a county, city or district thereof, who is paid a monthly or annual salary for his employment and whose public duty includes the practice of professional engineering or the practice of land surveying as defined in this chapter shall not engage in the private practice of professional engineering or the private practice of land surveying during the hours when he is required to perform his duties for the state, county, city or district.
Sec. 57. NRS 625.580 is hereby amended to read as follows:
625.580 [Any public official violating the provisions] If a public officer violates a provision of this chapter , the board shall [:
1. Be punished by] impose a fine in an amount not [exceeding $500; and
2. Shall] to exceed $5,000 and may require the public officer to forfeit his office.
Sec. 58. NRS 625.590 is hereby amended to read as follows:
625.590 1. In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the board is subject to a civil penalty of not more than [$5,000] $15,000 for each violation. Any such penalty must be imposed by the board at a hearing for which notice has been given pursuant to NRS 625.430.
2. If a person does not pay a civil penalty imposed pursuant to subsection 1 within 60 days after the order of the board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.
Sec. 59. NRS 625A.020 is hereby amended to read as follows:
625A.020As used in this chapter, unless the context otherwise requires:
1. "Board" means the board of registered environmental health specialists.
2. "Environmental health specialist" means a person who:
(a) Is qualified to advocate or recommend the use of sanitary measures for the public benefit by reason of education, practical training and experience determined by the board to be satisfactory; and
(b) Has received from the board a certificate of registration.
The term does not include any person who engages in the practice of professional engineering, unless he is [registered] licensed to do so pursuant to chapter 625 of NRS.
Sec. 60. NRS 627.190 is hereby amended to read as follows:
627.190Every construction control shall:
1. Obtain a true copy, certified as [such] true by a registered architect or [registered] licensed professional engineer and signed by the person or persons who executed the general contract of construction or the owner-contractor contracts, respectively, as owner, of the complete plans and specifications to be used in the construction subject to the construction control.
2. Obtain from the lender a written statement of the total net amount of [moneys,] money, credits or loan proceeds that will be available for disbursement or, as a lender engaging in construction control functions, review and ascertain its total net amount.
3. Obtain a true copy, signed by all the parties thereto, of the general contract of construction or all owner-contractor contracts, [under] pursuant to which the construction will be performed.
4. Obtain a true copy, signed by the parties thereto, of all of the subcontracts entered into with a contractor if the construction is to be performed [under] pursuant to a general contract of construction.
5. Compare the total amounts to be paid [under] pursuant to all of the subcontracts with the total amount payable to the general contractor, and compare the amount payable with the total net loans proceeds available for disbursement as construction loan funds.
6. Compare the total amounts to be paid [under] pursuant to all owner-contractor contracts entered into with the total net loan proceeds available for disbursement as construction loan funds.
7. Establish, in writing, the categories of disbursement and the amounts of [moneys] money apportioned to each category for disbursement.
8. Disburse or authorize the disbursement of [moneys] money from a particular category only for bills incurred within that category.
9. Disburse or authorize the disbursement of funds if the total net loan proceeds exceeds in amount or equals the total payable by the terms of:
(a) The general contract of construction, or the subcontracts entered into with the general contractor, whichever is greater; or
(b) The total payable by the terms of all owner-contractor contracts.
10. Receive funds before authorizing disbursement, [in the event that] if other funds are [still] needed to create an excess of funds as required [under] pursuant to subsection 9.
11. Restore categories of disbursement in the order in which they become exhausted and to the amount exhausted from any available funds in its hands and from other funds supplied by the borrower or borrowers.
12. Obtain from the obligee a mechanic's lien release covering all work, labor and materials performed or supplied to the time specified in the lien release and for the amount payable [under] pursuant to the terms of the release, [prior to] before the disbursement of any [moneys] money for payment of such bills.
13. Upon receipt of written notice of a change order entered into after the beginning of construction which requires expenditure of extra [moneys] money and the amount thereof, require that any category of disbursement affected thereby be increased and restored to the extent of the amount of such extras from any available funds in its hands and from other funds supplied by the borrower before the disbursement of additional funds from [such] that category.
14. Before disbursing [moneys] money to a subcontractor or supplier, obtain from that subcontractor or supplier a true copy of the bill, in those instances in which the category was established based upon a proposal or bid of that subcontractor or supplier and not upon a firm contract.
Sec. 61. NRS 78.045 is hereby amended to read as follows:
78.0451. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed [under] pursuant to the laws of this state which provides that the name of the corporation contain the word "bank" or "trust," unless:
(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, [either] exclusively or in connection with its business as a bank or savings and loan association; and
(b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.
2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed [under] pursuant to the provisions of this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance or by the commissioner of financial institutions, unless the articles or certificate of amendment is first approved by the commissioner who will be supervising the business of the corporation.
3. Except as otherwise provided in subsection 4, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed [under] pursuant to the laws of this state if the name of the corporation contains the words "engineer," "engineered," "engineering," "professional engineer" or "licensed engineer" unless:
(a) The state board of professional engineers and land surveyors certifies that the principals of the corporation are [registered] licensed to practice engineering [or are registered to practice engineering and architecture, except landscape architecture, under] pursuant to the laws of this state; or
(b) The state board of professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them [under] pursuant to the provisions of this section.
Sec. 62. NRS 80.010 is hereby amended to read as follows:
80.0101. Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:
(a) File in the office of the secretary of state of this state:
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.
(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:
(I) A general description of the purposes of the corporation; and
(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.
(b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing [under] pursuant to the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is at the time reserved in the manner provided [under] in the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
3. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words "engineer," "engineered," "engineering," "professional engineer" or "licensed engineer" unless the state board of professional engineers and land surveyors certifies that:
(a) The principals of the corporation are [registered] licensed to practice engineering [or are registered to practice engineering and architecture, except landscape architecture,] pursuant to the laws of this state; or
(b) The corporation is exempt from the prohibitions of NRS 625.520.
4. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:
(a) The corporation has obtained the authority required to do business in this state; or
(b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.
Sec. 63. NRS 116.4106 is hereby amended to read as follows:
116.41061. The public offering statement of a common-interest community containing any converted building must contain, in addition to the information required by NRS 116.4103 and 116.41035:
(a) A statement by the declarant, based on a report prepared by an independent registered architect or licensed professional engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;
(b) A statement by the declarant of the expected useful life of each item reported in paragraph (a) or a statement that no representations are made in that regard; and
(c) A list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing those violations.
2. This section applies only to a common-interest community comprised of a converted building or buildings containing more than 12 units that may be occupied for residential use.
Sec. 64. NRS 119.140 is hereby amended to read as follows:
119.140Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the division:
1. The name and address of each person owning or controlling an interest of 10 percent or more.
2. The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.
3. The legal description and area of lands.
4. A true statement of the condition of the title to the land, [particularly] including all encumbrances thereon.
5. A true statement of the terms and conditions on which it is intended to dispose of the land and copies of the instruments which will be delivered to a purchaser to evidence his interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.
6. A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.
7. A true statement of the use for which the proposed subdivision will be offered.
8. A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.
9. A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a [registered] licensed civil engineer.
10. A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any onsite or offsite improvement, or any community or recreational facility, and the names and addresses of the holders of [such] the indebtedness together with an indication of their relationship, if any, to the owner and subdivider.
11. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to [such] the subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.
12. A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.
13. Such other information as the owner, his agent or subdivider may [desire] wish to present.
14. A completed application for a license in such form and containing such additional information as the division may require on its filing forms.
15. The fees prescribed by this chapter.
Sec. 65. NRS 254.020 is hereby amended to read as follows:
254.020The county engineer must be:
1. A qualified and competent civil engineer.
2. [Registered] Licensed as a professional engineer by the state board of professional engineers and land surveyors.
Sec. 66. NRS 255.025 is hereby amended to read as follows:
255.025No person may be appointed as a county surveyor unless he is a professional land surveyor [registered] licensed pursuant to the provisions of chapter 625 of NRS.
Sec. 67. NRS 266.019 is hereby amended to read as follows:
266.0191. The petition for incorporation must include the following information concerning the area proposed to be incorporated:
(a) A description of the area prepared by a professional land surveyor [registered] licensed pursuant to chapter 625 of NRS, which need not be made from a current survey nor contain courses and distances measured from fixed points, but may be based upon assessor's parcel maps, existing boundaries of subdivision or parcel maps, visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.
(b) The proposed name of the city.
(c) The total acreage of the area.
(d) The number of persons who reside in the area.
(e) The number of owners of record of real property within the area.
(f) A statement that the area meets the requirements of NRS 266.017.
(g) A statement of the committee's plans for providing police and fire protection, maintaining the streets, providing water and sewer services, collecting the garbage and providing administrative services in the proposed city, with an estimate of the costs and sources of revenue.
(h) A map or plat of the area which is prepared from the description required by paragraph (a) and that shows the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.
2. The petition must be substantially in the following form:

PETITION FOR INCORPORATION

To the Board of County Commissioners of .......... County, Nevada:

We, the undersigned qualified electors of the State of Nevada respectfully petition the board of county commissioners to submit a proposal to incorporate as a city certain unincorporated contiguous area located within ................ County namely, ......................... (describe area to be incorporated), to the qualified electors who reside within the area to be incorporated, for their approval or disapproval at a special election to be held for that purpose.

Each signer of this petition states:

1. I have personally signed this petition as a qualified elector of this state; and

2. I have correctly stated on this petition my residence, mailing address and the date of my signature.

Sec. 68. NRS 266.0335 is hereby amended to read as follows:
266.0335Upon approval of the incorporation by the voters, the board of county commissioners shall authorize a professional land surveyor [registered] licensed pursuant to chapter 625 of NRS to prepare a legal description of the area of the incorporated city by metes and bounds and courses and distances. The cost of the survey is a charge against the incorporated city.
Sec. 69. NRS 278.371 is hereby amended to read as follows:
278.3711. The survey, setting of monuments and final map must be made by a professional land surveyor [registered] licensed in the State of Nevada.
2. The final monuments must be set before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body or planning commission guaranteeing that the subdivider will provide a professional land surveyor to set the monuments on or before a day certain. The governing body or planning commission shall determine the amount of the performance bond, if any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment must be filed and recorded.
3. The final monument must, except as otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embedded in the ground, with a minimum diameter of 5/8 of an inch and a length sufficient to resist removal, and a mark for the exact point and stamped "PLS" followed by the number of the professional land surveyor's [registration number.] license.
4. Final monuments must be set at:
(a) Each corner of the boundary of the subdivision and at any point necessary to ensure that each monument on a given boundary can be seen from the next monument on that boundary.
(b) Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.
(d) A position for a corner of the system of rectangular surveys which is used as control in the survey required by this chapter to establish property lines and corners of the subdivision.
The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary, including the establishment of Nevada state plane coordinates thereon pursuant to chapter 327 of NRS.
5. A final monument required in subsection 4 which falls in a paved area must:
(a) Consist of a well with lid placed so that the top of the tablet, disc or cap of the monument is not less than 4 inches below the surface of the pavement; or
(b) Be of comparable construction as required by the governing body.
The monument must be set flush with the top of the pavement with such references as are required by the governing body.
6. If a point designated in subsection 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk, a durable nonferrous metal tablet, disc or cap must be securely anchored in the rock or concrete and marked as required in subsection 3.
7. If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of proposed construction, one or more reference monuments must be set. In addition to the physical requirements for a monument set forth in subsections 3 to 6, inclusive, the letters "RM" and "WC" must be stamped in the tablet, disc or cap. If only one reference monument is used, it must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments must be set. These monuments shall be deemed final monuments.
8. A corner of a lot must be set by the land surveyor in the manner approved by the governing body.
Sec. 70. NRS 278.375 is hereby amended to read as follows:
278.375A final map presented for filing must include a certificate of the surveyor responsible for the survey. The certificate must be in the following form:

Surveyor's Certificate

I, .........................(Name of Surveyor), a Professional Land Surveyor [registered] licensed in the State of Nevada, certify that:

1. This plat represents the results of a survey conducted under my direct supervision at the instance of

(Owner, Trustee, Etc.).

2. The lands surveyed lie within

(Section, Township, Range, Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less),

and the survey was completed on (date).

3. This plat complies with the applicable state statutes and any local ordinances in effect on the date that the governing body gave its final approval.

4. The monuments depicted on the plat are of the character shown, occupy the positions indicated and are of sufficient number and durability.

(OR)

4. The monuments depicted on the plat will be of the character shown and occupy the positions indicated by .............................. (a day certain) and an appropriate financial guarantee will be posted with the governing body before recordation to [assure] ensure the installation of the monuments.

. . [Registration] License Number and [Seal:] Stamp:

(Name of Surveyor)

Sec. 71. NRS 278.376 is hereby amended to read as follows:
278.3761. A final map presented for filing must include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city surveyor, city engineer or county surveyor when for that purpose appointed by the governing body of the city, stating:
(a) That he has examined the final map; and
(b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.
2. The person certifying the information required by this section must be [registered] licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS.
Sec. 72. NRS 278.477 is hereby amended to read as follows:
278.4771. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels, or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.
2. Any amended plat, map or survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words "Amended Plat of" prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorder's index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder's information and stamp;
(e) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f) Contain a certificate of the professional land surveyor [registered] licensed pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance; and
(g) For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is [registered] licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.
3. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 73. NRS 278.4955 is hereby amended to read as follows:
278.49551. The map of reversion submitted pursuant to NRS 278.490 must contain the report and the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the state, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must be:
(a) Prepared by a professional land surveyor [registered] licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map that is being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map being reverted.
(b) Clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
Sec. 74. NRS 329.130 is hereby amended to read as follows:
329.130"Surveyor" means any person who is [authorized] licensed pursuant to chapter 625 of NRS to practice land surveying.
Sec. 75. NRS 341.100 is hereby amended to read as follows:
341.1001. The board may appoint a manager. The manager, with the approval of the board, may appoint a deputy for professional services and a deputy for administrative, fiscal and constructional services. In addition, the manager may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
2. The manager and his deputies are in the unclassified service of the state. Except as otherwise provided in NRS 284.143, the manager and each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. The manager and his deputy for professional services must each be a [registered] licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect [licensed under] registered pursuant to the provisions of chapter 623 of NRS. The deputy manager for administrative, fiscal and constructional services must have a comprehensive knowledge of principles of administration and a working knowledge of principles of engineering or architecture as determined by the board.
4. The manager shall:
(a) Serve as the secretary of the board.
(b) Manage the daily affairs of the board.
(c) Represent the board before the legislature.
(d) Prepare and submit to the board, for its approval, the recommended priority for proposed capital improvement projects and provide the board with an estimate of the cost of each project.
(e) Make recommendations to the board for the selection of architects, engineers and contractors.
(f) Make recommendations to the board [regarding] concerning the acceptance of completed projects.
(g) Advise the board and the legislature, or the interim finance committee if the legislature is not in session, on a monthly basis of the progress of all public works projects which are a part of the approved capital improvement program.
Sec. 76. NRS 408.163 is hereby amended to read as follows:
408.163The director:
1. Is in the unclassified service of the state.
2. Must be a [registered] licensed professional engineer in the state.
3. Must have had at least 5 years of responsible administrative experience in public or business administration.
4. Must possess broad skills as a manager in areas related to the functions of the department.
Sec. 77. NRS 408.178 is hereby amended to read as follows:
408.1781. The deputy director:
(a) Is in the unclassified service of the state.
(b) Must hold a master's degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a [registered] licensed professional engineer.
(c) Must have at least 2 years of administrative experience as the assistant director, the chief engineer [,] or the head of an engineering or planning division of the department, or have equivalent experience.
2. The chief engineer:
(a) Is in the classified service of the state.
(b) Must be a [registered] licensed professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a state's agency which has duties similar to those of the department.
3. If the director or deputy director is a [registered] licensed professional engineer, he may also act as the department's chief engineer.
Sec. 78. NRS 445B.275 is hereby amended to read as follows:
445B.2751. The governing body of any district, county or city authorized to operate an air pollution control program [under] pursuant to NRS 445B.100 to 445B.640, inclusive, may appoint an air pollution control hearing board.
2. The air pollution control hearing board appointed by a county, city or health district [shall] must consist of seven members who are not employees of the state or any political subdivision of the state. One member of the hearing board [shall] must be an attorney admitted to practice law in Nevada, one member [shall] must be a professional engineer [registered] licensed in Nevada and one member [shall] must be licensed in Nevada as a general engineering contractor or a general building contractor as defined by NRS 624.215. Three [shall] must be appointed for a term of 1 year, three [shall] must be appointed for a term of 2 years and one [shall] must be appointed for a term of 3 years. Each succeeding term [shall] must be for a period of 3 years.
Sec. 79. NRS 496.035 is hereby amended to read as follows:
496.0351. An employee of a municipality who is not [registered] licensed as a professional land surveyor pursuant to chapter 625 of NRS may collect information to be used exclusively by the municipality for preliminary planning for development of new airports or air navigation facilities or improvements to existing airports or air navigation facilities within the municipality.
2. If, based on the information collected pursuant to this section, the municipality elects to initiate or proceed with such a project, the municipality shall comply with the provisions of chapter 625 of NRS governing the:
(a) Preparation of the maps, plans, specifications, reports and estimates required for the project; and
(b) Execution or supervision of all other practices of land surveying associated with the project.
Sec. 80. NRS 532.030 is hereby amended to read as follows:
532.030No person [shall] may be appointed as state engineer who is not a [registered] licensed professional engineer [under] pursuant to the provisions of chapter 625 of NRS and who does not have such training in hydraulic and general engineering and such practical skill and experience as shall fit him for the position.
Sec. 81. NRS 533.080 is hereby amended to read as follows:
533.0801. All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the state engineer unless the survey is made by a state water right surveyor.
2. Any [registered] licensed professional engineer or land surveyor, [qualified and registered in this state,] who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the state engineer. The application must be in the form prescribed by the state engineer and accompanied by a fee of $50.
3. The state engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as is provided by the state engineer.
4. Whenever the state engineer approves the qualifications of an applicant, he shall issue a certificate to the applicant designating him as a state water right surveyor.
5. Every water right surveyor's certificate expires on June 30 of each year unless renewed by application in the form prescribed by the state engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the state engineer's water license account, which is hereby created in the state general fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.
6. An appointment may be revoked by the state engineer at any time for good cause shown.
7. The state engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.
8. The State of Nevada is not liable for the compensation of any state water right surveyor, but he is entitled to be paid by the person employing him.
9. Officers and employees of the [United States] Federal Government are entitled to apply for the position of state water right surveyor and are exempt from the [qualification of registration as] requirement that a state water right surveyor must be a professional engineer or professional land surveyor [required] set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the [United States] Federal Government.
Sec. 82. NRS 540A.100 is hereby amended to read as follows:
540A.100The members of the commission appointed pursuant to NRS 540A.080 and 540A.090 may not hold any elective governmental office but may be engaged or employed in private enterprise or be employees of state or local government and each member must be qualified pursuant to at least one of the following subsections:
1. A professional engineer [registered] licensed pursuant to the provisions of chapter 625 of NRS with experience related to comprehensive planning, natural resources or environmental protection;
2. A specialist in hydrology;
3. Experienced in law, management or planning related to water;
4. Experienced in municipal finance;
5. Experienced in construction, planning or operation of facilities or systems for supplying or treating water, for collecting or treating sewage, for drainage of storm water, or for control of floods; or
6. Knowledgeable in the areas of water conservation, biology, natural systems, water quality and water management.
Sec. 83. NRS 543.510 is hereby amended to read as follows:
543.5101. The board may:
(a) Appoint a chief engineer and general manager who must be a civil engineer [registered] licensed pursuant to the provisions of chapter 625 of NRS and may be selected from among nominees proposed by the citizens' advisory committee for the district.
(b) Prescribe the duties of officers, agents and employees and fix their compensation.
(c) Create a technical committee for the district. If the board of county commissioners constitutes the board of directors, the technical committee must include one member and one alternate appointed by the county and by each city within the district. If the regional transportation commission constitutes the board of directors, the number of members and alternates appointed respectively by the county and by each city must be equal to the number of its representatives on the commission. The citizens' advisory committee for the district shall appoint one of its members to the technical committee. The chief engineer and general manager is a member of the technical committee and shall serve as its executive director. Each member of the committee has one vote, except the member from the citizens' advisory committee and the chief executive and general manager, each of whom may otherwise participate in the activities of and make recommendations to the technical committee. The committee shall annually choose one of its members as chairman.
2. The chief engineer and general manager may hire and retain agents, employees, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of the district.
3. The board may contract with any agency of the Federal Government for any services related to projects for the control of floods in the district.
4. The district attorney, the county surveyor, the county assessor, the county auditor or comptroller, the county treasurer, their deputies, assistants, clerks and other employees are ex officio officers, deputies, assistants, clerks and employees of the district. They shall, if requested by the board, perform the same various duties for the district as for the county. The board [must] shall reimburse the county for the cost of rendering these services.
Sec. 84. Section 2 of Senate Bill No. 93 of this session is hereby amended to read as follows:

Sec. 2. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.

2. The board may adopt regulations to carry out the provisions of this section.

Sec. 85. Section 3 of Senate Bill No. 93 of this session is hereby amended to read as follows:

Sec. 3. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.

2. The board may adopt regulations to carry out the provisions of this section.

Sec. 86. NRS 625.180, 625.185, 625.190, 625.200, 625.210, 625.220, 625.230, 625.240 and 625.305 are hereby repealed.
Sec. 87. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 88. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 89. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to "registered professional engineer" to "licensed professional engineer" and any reference to "registered professional land surveyor" to "licensed professional land surveyor."
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to "registered professional engineer" to "licensed professional engineer" and any reference to "registered professional land surveyor" to "licensed professional land surveyor."
Sec. 90. Section 21 of this act becomes effective at 12:01 a.m. on October 1, 1997.
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