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House Bill 165

House Bill 165

Phil Haunschild
February 15, 2017

Bill description: This bill would make it a misdemeanor for unlicensed engineers, land surveyors or their employers to advertise professional experience.

Rating: -1

Analyst’s note: This bill near replicates House Bill 84 from earlier this legislative session. Amendments made to the bill are taken into account in this analysis and much remains the same.

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Idaho Code 54-1222 says, “Any person who shall practice, or offer to practice, as defined in section 11 54-1202, Idaho Code, professional engineering or professional land surveying in this state without being licensed in accordance with the provisions of this chapter …” can be charged with a misdemeanor. The statute goes on to define various criminal sanctions such as impersonating a licensee or presenting false evidence to the board. However, it exempts those who provide a testimony or consultant services for legal actions.

This bill would make it a misdemeanor for “any person who by verbal claim, sign, advertisement, letterhead or card or in any other way represents that such person employs professional engineers or professional land surveyors when such persons are not licensed under the provisions of this chapter.”

This bill would criminalize actions that have little do with the actual practice of engineering or land surveying. The state could charge a licensed engineer who has practiced for more forty years but allowed his license to lapse. The engineer’s employer would be prohibited from mentioning, advertising or otherwise noting the engineer’s professional background. Even noting the professional background on a website would be illegal. (-1)


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