Session of 1999
HOUSE BILL No. 2427
An Act concerning the state board of
technical professions; relating to certain exemptions
from regulation and requirements for licensure
or certification; amending K.S.A. 74-
7033 and K.S.A. 1998 Supp. 74-7035 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-7033 is hereby
amended to read as follows: 74-
7033. The provisions of this act requiring licensure or the
issuance of a
certificate of authorization under K.S.A. 74-7036 and
amendments
thereto to engage in the practice of engineering shall not be
construed
to prevent or to affect:
(a) The design or erection of any
structure or work by the owner
thereof, upon such owner's own premises for such owner's
own use.
(a) Except as provided by subsection
(b), the design or erection of
any structure or work by a person who owns the structure or
work, upon
such person's own premises for such person's own use if the
structure or
work is not to be used for human habitation, is not to serve as
a place of
employment, and is not to be open to the public for any purpose
what-
soever.
(b) Persons designing or erecting
or preparing plans, drawings or
specifications for one or two family dwellings or for agricultural
buildings,
as defined by K.S.A. 74-7031 and amendments thereto.
(c) Persons engaged in planning, drafting
and designing of products
manufactured for resale to the public.
(d) The performance of services by a
licensed landscape architect in
connection with landscape and site planning for the sites,
approaches or
environment for buildings, structures or facilities.
Sec. 2. K.S.A. 1998 Supp. 74-7035
is hereby amended to read as
follows: 74-7035. The provisions of this act shall not apply
to:
(a) The work of an employee or a
subordinate of a person holding a
license under this act, if such work does not include final designs
or
decisions, responsible charge of design or supervision and is done
under
the direct responsibility and supervision of a person practicing
lawfully a
technical profession;
(b) the practice of persons who are not
residents of and have not
established a place of business in this state, who are acting as
consulting
associates of persons licensed under the provisions of this act and
who
are legally qualified for such professional service in such
persons' own
state or country;
(c) the practice of persons who
are employees of any person, firm
or corporation and who do not offer to the public their
services in the
technical professions;
(d) (c) the
practice of any person who is exclusively and regularly
employed by one employer only, the employer not being an
engineering,
architectural or land surveying firm, and the employer not being
primarily
engaged in the business of conveying an interest in real property,
in an
employer-employee relationship, in making surveys of land and
deter-
minations of physical property rights in connection only with the
affairs
of such employer or its subsidiaries and affiliates and for the
uses, pur-
poses and benefit of such employer, subsidiaries and affiliates,
only;
(e) (d) a
plumbing contractor, master plumber or journeyman
plumber licensed under the provisions of K.S.A. 12-1508 et
seq., and
amendments thereto, while performing the work such plumber is
au-
thorized to perform pursuant to such license; or
(f) (e) an
electrical contractor, master electrician, journeyman elec-
trician or residential electrician licensed under the provisions of
K.S.A.
12-1525 et seq., and amendments thereto, while performing
the work
such electrician is authorized to perform pursuant to such
license.
(g) (f) For
purposes of this act, public officers and employees who,
within the scope of their employment and in the discharge of their
public
duties, provide information pertinent to or review the sufficiency
of tech-
nical submissions, or who inspect property or buildings for
compliance
with requirements safeguarding life, health or property, are not
engaged
in the practice of the technical professions.
Sec. 3. K.S.A. 74-7033 and K.S.A. 1998 Supp.
74-7035 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
____________________________________
HOUSE concurred in
SENATE amendments ______________________________
| __________________________________ |
| __________________________________ |
Passed the SENATE
as amended ______________________________
__________________________________
|
__________________________________
|
APPROVED ______________________________
| __________________________________ |