Senate Bill No. 561
(By Senators Sypolt, Bowman, Snyder, Yost, White, Prezioso and D.
Facemire)
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[Introduced March 12, 2009; referred to the Committee on
Government Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-2-8; and to amend
and reenact §30-13A-36 of said code, all relating to
surveyors; and requiring each county surveyor of lands to be
a licensed surveyor after a date certain.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-2-8; and that
§30-13A-36 of said code be amended and reenacted, all to read as
follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT
AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS; COUNTY
SURVEYOR.
§7-2-8. License required for county surveyor.
After January 1, 2010, each county surveyor of lands elected
or appointed pursuant to section 1, article IX of the West Virginia
Constitution shall be a surveyor licensed pursuant to article
thirteen-a, chapter thirty of this code and such licensee shall be
in good standing.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS
ARTICLE 13A. LAND SURVEYORS.
§30-13A-36. Exemption from licensing and regulation.
(a) The following persons are exempt from licensing and
regulation under
the provisions of this article:
(1) Any employee
or agent of a person, firm, association or
corporation when such employee
or agent is engaged in the practice
of land surveying exclusively for the person, firm, association or
corporation by which employed or, if a corporation, its parents,
affiliates or subsidiaries, and such person, firm, association or
corporation does not hold himself, herself or itself out to the
public as being engaged in the business of land surveying.
(2) Any employee or officer of the United States, this state
or any political subdivision thereof
or their agents, when such
employee is engaged in the practice of land surveying exclusively
for such governmental unit.
However, beginning January 1, 2010,
each county surveyor of lands elected or appointed pursuant to
section 1, article IX of the West Virginia Constitution shall be a surveyor licensed pursuant to this article and such licensee
shall be in good standing.
(b) The minimum standards for boundary surveys contained in
section twenty-six of this article apply, notwithstanding the
exemptions provided by this section.
NOTE: The purpose of this bill is to remove the exemption for
employees or officers of West Virginia or any of its political
subdivisions from the licensing and regulatory provisions that
apply to land surveyors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.