H. B. 4450
(By Delegates Fragale, Boggs, Hartman, Hatfield,
Morgan, Stephens and T. Walker)
[Introduced
February 11, 2010
; referred to the
Committee on Government Organization then the Judiciary.]
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amended, be repealed; that §30-13A-4, §30-13A-6, §30-13A-15 and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 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.
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