Senate Bill No. 295
(By Senators Love and Scott)
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[Introduced March 12, 1997; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section seven, article thirteen-a,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
regulation and licensing of land surveyors; and exempting
certain licensed professional engineers from requirements
for same.
Be it enacted by the Legislature of West Virginia:
That section seven, article thirteen-a, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 13A. LAND SURVEYORS.
§30-13A-7. Exemption from regulation and licensing.
The following persons are exempt from regulation and
licensing under the provisions of this article and any reasonable rules promulgated hereunder and may engage in the practice of
land surveying without a license issued under the provisions of
this article and any such reasonable rules:
(a) Any professional engineer authorized to practice the
profession of engineering as provided in article thirteen of this
chapter, may apply within one year after the effective date of
this section and if such person meets the requirements of
subdivisions (1), (2), (3) and (4), subsection (a), section five
of this article, he or she is eligible for a license without
examination. Any applicant for any such license shall submit an
application and proof of surveying experience as specified in
said section; who is practicing in the disciplines of
agricultural, civil or mining engineering, or branches thereof;
(b) Any employee of a proprietorship, partnership,
association, corporation or other business entity which is
engaged in the practice of land surveying in this state:
Provided, That the work of any such employee is done under the
supervision of and certified by a licensed employee of the
proprietorship, partnership, association, corporation or other
business entity;
(c) Any employee of a person, firm, association or
corporation, when such the employee 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 the 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;
(d) Any employee or officer of the United States, this state
or any political subdivision thereof, when such the employee is
engaged in the practice of land surveying exclusively for such
a governmental unit.
NOTE: The purpose of this bill is to exempt licensed
professional engineers practicing in certain disciplines from
surveyor licensing requirements.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.