SB 226 Text

Introduced Version Senate Bill 226 History

DOWNLOAD wpd |

SB226 intr Senate Bill No. 226
(By Senator Sypolt)
____________
[Introduced January 15, 2010; referred to the Committee on Government Organization.]
____________

A BILL to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-13A-4, §30-13A-6, §30-13A-15 and §30-13A-36 of said code, all relating to land surveyors; revising board member qualifications; clarifying certain terms related to a lapsed license; repealing minimum standards for boundary surveys; requiring certain county surveyors of land to be licensed after a date certain; and authorizing minimum standards for boundary surveys to be promulgated by legislative rule.

Be it enacted by the Legislature of West Virginia:
That §30-13A-26 of the Code of West Virginia, 1931, as amended , be repealed; and that §30-13A-4, §30-13A-6, §30-13A-15 and §30-13A-36 of said code be amended and reenacted, all to read as follows:

ARTICLE 13A. LAND SURVEYORS.

§30-13A-4. Board of surveyors.
(a) The "West Virginia Board of Examiners of Land Surveyors" is hereby continued and commencing the July 1, 2004, and shall be known as the "West Virginia Board of Professional Surveyors."
(b) To be effective on the first day of July, two thousand four, the governor shall appoint, by and with the advice and consent of the Senate, one person who is a licensed professional surveyor and has practiced surveying for at least five years, for a term of three years, to replace the member of the board whose term expires on the first day of July, two thousand four.
~~(c) To be effective on the first day of July, two thousand five, the governor shall appoint, by and with the advice and consent of the Senate:~~
(1) One person who has a license in another field of practice other than surveying and also has a surveyor license by examination and has practiced surveying for at least ten years for a term of four years;
~~(2) One person who is an endorsed underground surveyor with at least ten years of experience for a term of four years; and~~
(3) One citizen member who is not licensed, endorsed or certified under the provisions of this article and does not perform any services related to the practice licensed, endorsed or certified under the provisions of this article for a term of three years.
(d) To be effective on the first day of July, two thousand six, the governor shall appoint, by and with the advice and consent of the Senate, one person who is a licensed professional surveyor with at least ten years of experience for a term of four years to replace the member of the board whose term expires on the first day of July, two thousand six.
~~(e) After the initial appointment term, the board term shall be for four years.~~
~~(f)~~
(b) The appointed term of each board member shall be for four years.
(c) Commencing with the board terms beginning July 1, 2005, the board shall consist of the following five members:
(1) ~~Two~~ Three licensed professional surveyors with at least ten years of experience in land surveying;
(2) One person who has a license in another field of practice other than surveying and also who has a surveyor license by examination and has practiced surveying for at least ten years;
~~(3) One endorsed underground surveyor who has practiced underground surveying for at least five years;~~ and
~~(4)~~ (3) One citizen member who is not licensed, endorsed or certified under the provisions of this article and does not perform any services related to the practice licensed, endorsed or certified under the provisions of this article.
~~(g)~~ (d) Each licensed ~~or endorsed~~ member of the board, at the time of his or her appointment, must have held a license ~~or endorsement~~ in this state for a period of not less than three years immediately preceding the appointment and each member must be a resident of this state during the appointment term. Members must represent the three congressional districts of the state.
~~(h)~~ (e) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified. Any member currently serving on the board on the effective date of this article may be reappointed in accordance with the provisions of this section.
~~(i)~~ (f) The governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
~~(j)~~ (g) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license or endorsement to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States or becomes a nonresident of this state.
~~(k)~~ (h) The board shall designate one of its members as chairperson and one member as secretary-treasurer.
~~(l)~~ (i) Each member of the board shall receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
~~(m)~~ (j) A majority of the members of the board shall constitute a quorum.
~~(n)~~ (k) The board must hold at least one annual meeting. Other meetings shall be held at the call of the chairperson, or upon the written request of two members, at such time and place as designated in the call or request.
§30-13A-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article including:
(1) Setting the standards and requirements for licensure, endorsement, certification, surveyor-in-charge and certificate of authorization;
(2) Setting the procedure for examinations and reexaminations;
(3) Establishing requirements for third parties to administer examinations and reexaminations;
(4) Establishing procedures for the issuance and renewal of a license, endorsement, certificate and certificate of authorization;
(5) Setting a schedule of fees; ~~and rates for nonrenewal~~
(6) Establishing and implementing requirements for continuing education for licensees and endorsees;
(7) Evaluating the curriculum, experience and the instructional hours required for a license, endorsement and certificate;
(8) Denying, suspending, revoking, reinstating or limiting the practice of a licensee, endorsee, certificate holder or a holder of a certificate of authorization;
(9) Establishing electronic signature requirements;
(10) Establish minimum standards for surveys; and
~~(10)~~ (11) Proposing any other rules or taking other action necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this article shall remain in effect until they are amended, modified, repealed or replaced.

§30-13A-15. Delinquent and expired license and endorsement requirements.

(a) If a license or endorsement is not renewed when due, then the board shall automatically place the licensee or endorsee on ~~expired~~ delinquent status.
(b) The fee for a person on ~~expired~~ delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of thirty-six months.
(c) Within thirty-six months of being placed on ~~expired~~ delinquent status, if a licensee or endorsee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as set by rule.
(d) After thirty-six months of being placed on ~~expired~~ delinquent status, a license or endorsement is automatically placed on expired status and cannot be renewed. A person whose license or endorsement has expired must reapply for a new license or endorsement.
§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: Provided, That after January 1, 2011, 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~~ as specified by legislative rules authorized in section six of this article apply, notwithstanding the exemptions provided by this section.

NOTE: The purpose of the bill is to revise the qualification standards of the West Virginia Board of Examiners of Land Surveyors and authorizing minimum standards for boundary surveys to be promulgated by legislative rule.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.