REPORT TITLE:
Engineers


DESCRIPTION:
Authorizes engineers to seal and certify pre-engineered plans
after an adequate and independent review of the plans.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           753
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENGINEERS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 436B-19, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§436B-19  Grounds for refusal to renew, reinstate or
 
 4 restore and for revocation, suspension, denial, or condition of
 
 5 licenses.  In addition to any other acts or conditions provided
 
 6 by law, the licensing authority may refuse to renew, reinstate or
 
 7 restore, or may deny, revoke, suspend, or condition in any
 
 8 manner, any license for any one or more of the following acts or
 
 9 conditions on the part of the licensee or the applicant thereof: 
 
10      (1)  Failure to meet or maintain the conditions and
 
11           requirements necessary to qualify for the granting of a
 
12           license;
 
13      (2)  Engaging in false, fraudulent, or deceptive
 
14           advertising, or making untruthful or improbable
 
15           statements;
 
16      (3)  Being addicted to, dependent on, or a habitual user of
 
17           a narcotic, barbiturate, amphetamine, hallucinogen,
 
18           opium, or cocaine, or other drugs or derivatives of a
 

 
Page 2                                                     
                                     S.B. NO.           753
                                                        
                                                        

 
 1           similar nature;
 
 2      (4)  Practicing the licensed profession or vocation while
 
 3           impaired by alcohol, drugs, physical disability, or
 
 4           mental instability;
 
 5      (5)  Procuring a license through fraud, misrepresentation,
 
 6           or deceit;
 
 7      (6)  Aiding and abetting an unlicensed person to directly or
 
 8           indirectly perform activities requiring a license;
 
 9      (7)  Professional misconduct, incompetence, gross
 
10           negligence, or manifest incapacity in the practice of
 
11           the licensed profession or vocation;
 
12      (8)  Failure to maintain a record or history of competency,
 
13           trustworthiness, fair dealing, and financial integrity;
 
14      (9)  Conduct or practice contrary to recognized standards of
 
15           ethics for the licensed profession or vocation;
 
16     (10)  Violating any condition or limitation upon which a
 
17           conditional or temporary license was issued;
 
18     (11)  Engaging in business under a past or present license
 
19           issued pursuant to the licensing laws, in a manner
 
20           causing injury to one or more members of the public;
 
21     (12)  Failure to comply, observe, or adhere to any law in a
 
22           manner such that the licensing authority deems the
 

 
 
 
Page 3                                                     
                                     S.B. NO.           753
                                                        
                                                        

 
 1           applicant or holder to be an unfit or improper person
 
 2           to hold a license;
 
 3     (13)  Revocation, suspension, or other disciplinary action by
 
 4           another state or federal agency against a licensee or
 
 5           applicant for any reason provided by the licensing laws
 
 6           or this section;
 
 7     (14)  Criminal conviction, whether by nolo contendere or
 
 8           otherwise, of a penal crime directly related to the
 
 9           qualifications, functions, or duties of the licensed
 
10           profession or vocation;
 
11     (15)  Failure to report in writing to the licensing authority
 
12           any disciplinary decision issued against the licensee
 
13           or the applicant in another jurisdiction within thirty
 
14           days of the disciplinary decision;
 
15     (16)  Employing, utilizing, or attempting to employ or
 
16           utilize at any time any person not licensed under the
 
17           licensing laws where licensure is required; [or]
 
18     (17)  Stamping plans that were not prepared or supervised by
 
19           the licensee except where those plans have been:
 
20           (A)  Prepared by an engineer licensed in any
 
21                jurisdiction in the United States; and
 
22           (B)  Adequately and independently reviewed by the
 

 
 
 
Page 4                                                     
                                     S.B. NO.           753
                                                        
                                                        

 
 1                licensee; or
 
 2     (18)  Violating this chapter, the applicable licensing laws,
 
 3           or any rule or order of the licensing authority."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.
 
 7 
 
 8                              INTRODUCED BY:______________________