Baton Rouge, La. (ASCE-LA) - Section members were alerted through the ASCE Key Contact Program about Senate Bill No. 501 filed for the 2008 Regular Session of the Louisiana Legislature by Senator A.G. Crowe of Slidell who represents Senate District 1. The bill would revise R.S. 37:700(A)(7) in that part of the body of law that provides for the licensing of engineers by the Louisiana Professional Engineering and Land Surveying Board.

§700. Enforcement proceedings against other persons; procedure
A. The board shall have the power to take enforcement action against any non-licensee or non-certificate holder found by the board to be guilty of any of the following acts or offenses:
. . . .
(7) The use by any person of the words “engineer” or “engineering” or “land surveyor” or “land surveying” or any modification or derivative thereof in its name or form of business or activity except as licensed under this Chapter or in the pursuit of activities exempted by this Chapter.

The proposed revision to the law that follows changes the prohibited terms from “engineer” and “engineering” to the more specific terms “licensed engineer” and “licensed engineering.” This would appear to allow the more general terms “engineer” and “engineering” used alone or with any other adjective such as “professional engineer,” “registered engineer,” “civil engineer,” “mechanical engineer,” etc. to be used by any person. This would appear to be completely unacceptable.

It is claimed that the proposed law would further clarify that an employment or staffing agency or other person is not prohibited from using the term “licensed engineer” where it is used for the purpose of referring a customer or client to a licensed engineer. This would appear to be a superfluous clarification because it is not implied or specifically stated as an actionable act or offense in the enforcement of the law.

Regular Session, 2008
Senate Bill No. 501
By Senator Crowe
Engineers. Prohibits the use of certain terms by certain persons who are not licensed engineers. (gov sig)

Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Carla S. Roberts.

DIGEST

Present law provides for the licensing of engineers by the Louisiana Professional Engineering and Land Surveying Board.

Present law prohibits the use by a person of the words "engineer" or "engineering" in its name or form of business or activity unless the person is licensed by the board or is otherwise exempted from licensing.

Proposed law retains present law but changes the prohibited term from "engineer" and "engineering" to "licensed engineer" and "licensed engineering."

Proposed law further clarifies that the prohibition does not prohibit an employment or staffing agency or other person from using the term "licensed engineer" where such term is used for the purpose of referring a customer or client to a licensed engineer.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Amends R.S. 37:700(A)(7))

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