Amends existing law to provide for the Idaho Board of Licensure of Professional Engineers and Professional Land Surveyors to determine and administer an appropriate open book jurisprudence exam for the licensing of surveyors.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 512 BY BUSINESS COMMITTEE AN ACT1 RELATING TO ENGINEERS AND SURVEYORS; AMENDING SECTION 54-1208, IDAHO CODE,2 TO PROVIDE FOR THE BOARD TO DETERMINE AND ADMINISTER AN APPROPRIATE OPEN3 BOOK JURISPRUDENCE EXAM FOR THE LICENSING OF SURVEYORS; AND DECLARING4 AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 54-1208, Idaho Code, be, and the same is hereby7 amended to read as follows:8 54-1208. BOARD -- POWERS. (1) The board shall have the power to adopt9 and amend administrative rules including, but not limited to, rules of pro-10 fessional responsibility, rules of continuing professional development11 not to exceed sixteen (16) hours annually for each profession for which the12 professional is licensed, and rules of procedure, not inconsistent with the13 constitution and laws of this state, which may be reasonably necessary for14 the proper performance of its duties and the administration of the chapter15 and the regulation of proceedings before the board. These actions by the16 board shall be binding upon persons licensed under this chapter and shall be17 applicable to business entities holding a certificate of authorization as18 provided in section 54-1235, Idaho Code. It shall adopt and have an official19 seal which shall be affixed to each license and certificate issued. It shall20 have power to provide an office, office equipment and facilities and such21 books and records as may be reasonably necessary for the proper performance22 of its duties.23 (2) In carrying into effect the provisions of this chapter, the board24 may subpoena witnesses and compel their attendance, and also may require the25 submission of books, papers, documents, or other pertinent data in any dis-26 ciplinary matters or in any case wherever a violation of this chapter is al-27 leged. Upon failure or refusal to comply with any such order of the board, or28 upon failure to honor its subpoena as herein provided, the board may apply to29 any court of any jurisdiction to enforce compliance with same.30 (3) The board is hereby authorized in the name of the state to apply for31 relief by injunction in the established manner provided in cases of civil32 procedure, without bond, to enforce the provisions of this chapter or to re-33 strain any violation thereof. Venue for all such actions shall be in the dis-34 trict court of the fourth judicial district, Ada county, Idaho.35 (4) The board may subject an applicant for licensure or certification36 to such examination as it deems necessary to determine qualifications.37 Notwithstanding the provisions of section 67-9409, Idaho Code, the board38 shall determine and administer an appropriate open book jurisprudence exam39 for the licensing of surveyors pursuant to this chapter.40 (5) Any action, claim or demand to recover money damages from the board41 or its employees which any person is legally entitled to recover as compensa-42

2 tion for the negligent or otherwise wrongful act or omission of the board or1 its employees, when acting within the course and scope of their employment,2 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho3 Code. For purposes of this section, the term "employees" shall include, in4 addition to those persons listed in section 6-902(4), Idaho Code, special5 assignment members, emeritus members and any independent contractors while6 acting within the course and scope of their board related work.7 (6) The board may recommend arbitration of disputes between profes-8 sional engineers or disputes between professional land surveyors.9

SECTION 2. An emergency existing therefor, which emergency is hereby10 declared to exist, this act shall be in full force and effect on and after11 July 1, 2026.12