Senate Bill No. 251
(By Senators Sypolt and Bowman)
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[Introduced January 18, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §30-13A-36 of the Code of West
Virginia, 1931, as amended, relating to removing the exemption
for employees or officers of the state or a political
subdivision of the state from the licensing and regulatory
provisions that apply to land surveyors.
Be it enacted by the Legislature of West Virginia:
That §30-13A-36 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
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 the 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 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.
(2) Any employee or officer of the United States
this state or
any political subdivision thereof, or their or its agents, when
such the employee is engaged in the practice of land surveying
exclusively for
such governmental unit the United States.
(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.