H. B. 2605


(By Delegates Pino, Louisos and Petersen)
[Introduced March 16, 1993; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section four, article ten, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article two, chapter twenty-two-a; and to amend and reenact sections one, two, three, four and five, article thirteen-a, chapter thirty of said code, all relating to changing the name of the West Virginia state board of examiners of land surveyors to the West Virginia state board of examiners of professional surveyors.

 Be it enacted by the Legislature of West Virginia:
That section four, article ten, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section one, article two, chapter twenty-two-a be amended and reenacted; and that sections one, two, three, four and five, article thirteen-a, chapter thirty be amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.

ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.

§4-10-4. Termination of governmental entities or programs.

The following governmental entities and programs shall be terminated on the date indicated but no governmental entity or program shall be terminated under this article unless a performance audit has been conducted of such entity or program, except as authorized under section fourteen of this article:
(1) On the first day of July, one thousand nine hundred eighty-one: Judicial council of West Virginia; motor vehicle certificate appeal board; and child welfare licensing board.
(2) On the first day of July, one thousand nine hundred eighty-two: Ohio River basin commission; commission on postmortem examination; and the state commission on manpower, training and technology.
(3) On the first day of July, one thousand nine hundred eighty-three: Anatomical board; economic opportunity advisory committee; and the community development authority board.
(4) On the first day of July, one thousand nine hundred eighty-four: The following programs of the department of natural resources: Rabies control, work incentive program; and the West Virginia alcoholic beverage control licensing advisory board.
(5) On the first day of July, one thousand nine hundred eighty-five: Beautification commission.
(6) On the first day of July, one thousand nine hundred eighty-six: Health resources advisory council.
(7) On the first day of July, one thousand nine hundredeighty-seven: Civil service commission advisory board; and the motorcycle safety standards and specifications board.
(8) On the first day of July, one thousand nine hundred eighty-eight: Labor management relations board; records management and preservation advisory committee; minimum wage rate board; commission on mass transportation; and the public employees insurance board.
(9) On the first day of July, one thousand nine hundred eighty-nine: Mental retardation advisory committee; board of school finance; veteran's affairs advisory council; and the reclamation commission.
(10) On the first day of July, one thousand nine hundred ninety: Consumer affairs advisory council; savings and loan association; and the forest industries industrial foundation.
(11) On the first day of July, one thousand nine hundred ninety-one: The following divisions or programs of the department of agriculture: Interagency committee on pesticides.
(12) On the first day of July, one thousand nine hundred ninety-three: State structural barriers compliance board; the oil and gas inspectors examining board; the tree fruit industry self-improvement program; the oil and gas conservation commission; governor's cabinet on children and families; state water resources board; water resources division, department of natural resources; board of banking and financial institutions; farm management commission; state building commission; capitol building commission; West Virginia ethics commission; publicservice commission; family protection services board; family law masters system; and the child advocate office of the department of health and human resources.
(13) On the first day of July, one thousand nine hundred ninety-four: Ohio River valley water sanitation commission; the southern regional education board; real estate commission; the division of labor; division of tourism and parks; division of corrections; and the veteran's council.
(14) On the first day of July, one thousand nine hundred ninety-five: Emergency medical services advisory council; commission on charitable organizations; information system advisory commission; West Virginia labor-management council; and the board of social work examiners; and the rural health initiative advisory panel and the marketing division and development division of the department of agriculture.
(15) On the first day of July, one thousand nine hundred ninety-six: U.S. geological survey program and whitewater commission within the division of natural resources; state geological and economic survey; division of culture and history; and the board of investments.
(16) On the first day of July, one thousand nine hundred ninety-seven: The driver's licensing advisory board; department of health and human resources; West Virginia health care cost review authority; division of personnel; and the West Virginia contractors licensing board.
(17) On the first day of July, one thousand nine hundredninety-eight: State lottery commission; the following divisions or programs of the department of agriculture: Meat inspection program and soil conservation committee; women's commission; state board of risk and insurance management; board of examiners of land professional surveyors; commission on uniform state laws; council of finance and administration; forest management review commission; West Virginia's membership in the interstate commission on the Potomac River basin; legislative oversight commission on education accountability; and the board of examiners in counseling.
CHAPTER 22A. MINES AND MINERALS.

ARTICLE 2. UNDERGROUND MINES.

§22A-2-1. Supervision by professional engineer or licensed professional surveyor; seal and certification; contents; extensions; repository; availability; traversing; copies; archive; final survey and map; penalties.

The mapping of all coal mines shall be supervised by a competent engineer or land professional surveyor. The work of such engineer or land professional surveyor shall be supervised by either a civil engineer or a mining engineer certified by the board of engineers, which exists by authority of section three, article thirteen, chapter thirty of this code, or a licensed land professional surveyor approved by the board of examiners of land professional surveyors as provided by section three, article thirteen-a of said chapter thirty. To each map supervised by theengineer or land professional surveyor there shall be affixed thereto the seal of a certified or professional engineer or licensed land professional surveyor, which shall be identical to the design authorized by the board of engineers, as provided in section nine, article thirteen of said chapter thirty or board of examiners of land professional surveyors as provided by section eleven, article thirteen-a of said chapter thirty. Every map certified shall have the professional engineer's or land professional surveyor's signature and certificate, in addition to his seal, in the following form:
"I, the undersigned, hereby certify that this map is correct and shows all the information, to the best of my knowledge and belief, required by the laws of this State, and covers the period ending __________________________________________________________
____________________________P. E.
(Either Civil Or Mining Engineer
Or Land Professional Surveyor)."
The operator of every underground coal mine shall make, or cause to be made, an accurate map of such mine, on a scale of not less than one hundred, and not more than five hundred feet to the inch. The map of such mine shall show:
(1) Name and address of the mine;
(2) The scale and orientation of the map;
(3) The property or boundary lines of the mine;
(4) The shafts, slopes, drifts, tunnels, entries, rooms, crosscuts and all other excavations and auger and strip minedareas of the coalbed being mined;
(5) All drill holes that penetrate the coalbed being mined;
(6) Dip of the coalbed;
(7) The outcrop of the coalbed within the bounds of the property assigned to the mine;
(8) The elevations of tops and bottoms of shafts and slopes, and the floor at the entrance to drift and tunnel openings;
(9) The elevation of the floor at intervals of not more than two hundred feet in:
(a) At least one entry of each working section, and main and cross entries;
(b) The last line of open crosscuts of each working section, and main and cross entries before such sections and main and cross entries are abandoned; and
(c) Rooms advancing toward or adjacent to property or boundary lines or adjacent mines;
(10) Contour lines passing through whole number elevations of the coalbed being mined, the spacing of such lines not to exceed ten-foot elevation levels, except that a broader spacing of contour lines may be approved for steeply-pitching coalbeds by the person authorized so to do under the federal act; and contour lines may be placed on overlays or tracings attached to mine maps;
(11) As far as practicable the outline of existing and extracted pillars;
(12) Entries and air courses with the direction of airflowindicated by arrows;
(13) The location of all surface mine ventilation fans, which location may be designated on the mine map by symbols;
(14) Escapeways;
(15) The known underground workings in the same coalbed on the adjoining properties within one thousand feet of such mine workings and projections;
(16) The location of any body of water dammed in the mine or held back in any portion of the mine, but such bodies of water may be shown on overlays or tracings attached to the mine maps used to show contour lines, as provided under subdivision (10) of this section;
(17) The elevation of any body of water dammed in the mine or held back in any portion of the mine;
(18) The abandoned portion or portions of the mine;
(19) The location and description of at least two permanent base line points coordinated with the underground and surface mine traverses, and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys;
(20) Mines above or below;
(21) Water pools above;
(22) The location of the principal streams and bodies of water on the surface;
(23) Either producing or abandoned oil and gas wells located within five hundred feet of such mine and any underground area ofsuch mine;
(24) The location of all high pressure pipelines, high voltage power lines and principal roads;
(25) The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown;
(26) Where the overburden is less than one hundred feet, occupied dwellings; and
(27) Such other information as may be required under the federal act or by the department of mines.
The operator of every underground coal mine shall extend, or cause to be extended, on or before the first day of March and on or before the first day of September of each year, such mine map thereof to accurately show the progress of the workings as of the first day of July and the first day of January of each year. Such map shall be kept up to date by temporary notations, which shall include:
(1) The location of each working face of each working place;
(2) Pillars mined or other such second mining;
(3) Permanent ventilation controls constructed or removed, such as seals, overcasts, undercasts, regulators and permanent stoppings, and the direction of air currents indicated; and
(4) Escapeways designated by means of symbols.
Such map shall be revised and supplemented at intervals prescribed under the federal act on the basis of a survey made or certified by such engineer or surveyor, and shall be kept by theoperator in a fireproof repository located in an area on the surface chosen by the operator to minimize the danger of destruction by fire or other hazard.
Such map and any revision and supplement thereof shall be available for inspection by a federal mine inspector, by mine health and safety instructors, by miners in the mine and their representatives and by operators of adjacent coal mines and by persons owning, leasing or residing on surface areas of such mines or areas adjacent to such mines, and a copy of such map and any revision and supplement thereof shall be promptly filed with the division of mines and minerals. The operator shall also furnish to persons expressly entitled thereto under the federal act, upon request, one or more copies of such maps and any revision and supplement thereof. Such map or revision and supplement thereof shall be kept confidential and its contents shall not be divulged to any other person, except to the extent necessary to carry out the provisions of the federal act and this chapter and in connection with the functions and responsibilities of the secretary of housing and urban development.
Surveying calculations and mapping of underground coal mines which were or are opened or reopened after the first of July, one thousand nine hundred sixty-nine, shall be done by the rectangular coordinate traversing method and meridians carried through and tied between at least two parallel entries of each development panel and panels or workings adjacent to mine boundaries or abandoned workings. These surveys shall originatefrom at least three permanent survey monuments on the surface of the mine property. The monuments shall be clearly referenced and described in the operator's records. Elevations shall be tied to either the United States geological survey or the United States coast and geodetic survey bench mark system, be clearly referenced and described on such map.
Underground coal mines operating on the first of July, one thousand nine hundred sixty-nine, and not using the rectangular coordinate traversing method shall, within two years of such date, convert to this procedure for surveying calculations and mapping. Meridians shall be carried through and tied between at least two parallel entries of each development panel and panels or workings adjacent to mine boundaries or abandoned workings. These surveys shall originate from at least three permanent survey monuments on the surface of the mine property. The monuments shall be clearly referenced and described in the coal mine operator's records. Elevations shall be tied to either the United States geological survey or the United States coast and geodetic survey bench mark system, be clearly referenced and described on such map.
The operator of such underground coal mine shall, by reasonable proof, demonstrate to the director or to any federal mine inspector concerned, at any time, that a diligent search was made for all existing and available maps and survey data for the workings on the adjoining properties. The operator shall further be able to show proof to the director or to any federal mineinspector concerned, that a suitable method was used to insure accuracy in the methods used in transposing other workings to the map of such mine.
There shall be an archive of underground coal mine maps maintained at the office of the director. The archive shall:
(1) Be secured in a fireproof and burglarproof vault;
(2) Have an appropriate map identification system; and
(3) Have adequate map microfilming facilities.
Whenever an operator permanently closes or abandons an underground coal mine, or temporarily closes an underground coal mine for a period of more than ninety days, he shall promptly notify the division of mines and minerals and the federal mine inspector of the district in which such mine is located of such closure. Within sixty days of the permanent closure or abandonment of an underground coal mine, or, when an underground coal mine is temporarily closed, upon the expiration of a period of ninety days from the date of closure, the operator shall file with the division of mines and minerals and such federal mine inspector a copy of the mine map revised and supplemented to the date of the closure. Such copy of the mine map shall be certified by a certified or professional engineer or licensed surveyor as aforesaid and shall be available for public inspection.
Any person having a map or surveying data of any worked out or abandoned underground coal mine shall make such map or data available to the division to copy or reproduce such material.
Any person who fails or refuses to discharge any duty imposed upon him by this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 13A. PROFESSIONAL SURVEYORS.

§30-13A-1. License required.

In order to provide for the regulation of land professional surveying in this state, no person shall engage in, offer to engage in, or hold himself out to the public as being engaged in, the practice of land professional surveying in this state (except for the persons exempted under the provisions of section seven of this article), unless and until he shall first obtain a license to engage in the practice of land professional surveying in accordance with the provisions of this article, which license remains unexpired, unsuspended and unrevoked.
§30-13A-2. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Applicant" means any person making application for an original or renewal license under the provisions of this article;
(b) "Licensee" means any person holding a license issued under the provisions of this article;
(c) "Board" means the West Virginia state board of examiners of land professional surveyors created under the provisions ofthis article;
(d) "Practice of land professional surveying" means the rendering or offering to render for a fee, salary or other compensation, monetary or otherwise, for the public generally, any of the following services:
(1) The location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or of any road or utility right-of-way, easement or alignment;
(2) The performance of any survey for the division, subdivision or resubdivision of any tract of land;
(3) The determination of the position of any monument or reference point which marks a property line boundary or corner, or setting, resetting or replacing any such monument or reference point, by the use of the principles of land professional surveying;
(4) The determination of the configuration or contour of the earth's surface or the position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of mathematics;
(5) The performance of cadastral surveying, underground surveying, surface mine surveying or hydrographic surveying;
(6) The preparation of subdivision maps; and
(7) The preparation of maps or drawings showing any of the above.
(e) "Professional surveyor" means any person who engages inthe practice of land professional surveying.
(f) "Equivalent curriculum" includes, but is not limited to, degrees in related curricula such as engineering, forestry, geology, mathematics, physics, computer science or other related fields.
§30-13A-3. Board of examiners of professional surveyors created; appointment, terms, removal, etc., of members; officers; meetings; quorum; compensation and expenses.

(a) There is hereby created the state board of examiners of land professional surveyors which shall be composed of three members appointed by the governor by and with the advice and consent of the Senate. Each member shall have been actively engaged in the practice of land professional surveying for at least ten years and shall be the holder of a license under the provisions of this article.
(b) The members of the board shall be appointed for overlapping terms of three years each ending on the thirtieth day of June, and until their respective successors have been appointed and qualified. Members may be reappointed for any number of terms. Before entering upon the performance of his duties, each member shall take and subscribe to the oath required by section five, article IV of the constitution of this state. Vacancies shall be filled by appointment by the governor for the unexpired term of the member whose office shall be vacant and such appointment shall be made within sixty days of theoccurrence of such vacancy. Any member may be removed by the governor in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(c) The board shall elect from its membership a chairman and secretary-treasurer. A majority of the members of the board shall constitute a quorum and meetings shall be held at the call of the chairman or upon the written request of two members at such time and place as designated in such call or request, and, in any event, the board shall meet at least once annually to conduct the examination hereinafter provided for and to transact such other business as may come before it.
(d) Members shall be paid such reasonable compensation as the board may from time to time determine, and in addition may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties, which compensation and expenses shall be paid in accordance with the provisions of subsection (b), section four of this article.
(e) The board shall be terminated pursuant to the provisions of article ten, chapter four of this code on the first day of July, one thousand nine hundred ninety-two, unless sooner terminated or unless continued or reestablished pursuant to this article and chapter.
§30-13A-4. Powers and duties of board; funds.

(a) The board shall have the power and duty to:
(1) Examine applicants and determine their eligibility for a license to engage in the practice of land professionalsurveying;
(2) Prepare, conduct and grade an apt and proper written, oral or written and oral examination of applicants for a license and determine the satisfactory passing score thereon;
(3) Promulgate reasonable rules implementing the provisions of this article and the powers and duties conferred upon the board hereby, all of which reasonable rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code;
(4) Issue, renew, deny, suspend or revoke licenses to engage in the practice of land professional surveying in accordance with the provisions of this article;
(5) Investigate alleged violations of the provisions of this article, reasonable rules promulgated hereunder and orders and final decisions of the board and take appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of the provisions of this article, reasonable rules promulgated hereunder and orders and final decisions of the board or take such disciplinary action and institute such legal action;
(6) Keep accurate and complete records of its proceedings, certify the same as may be appropriate, and prepare, from time to time, a list showing the names and addresses of all licensees;
(7) Take such other action as may be reasonably necessary or appropriate to effectuate the provisions of this article; and
(8) Establish standards to evaluate surveying or equivalentcurricula as it relates to the practice of land professional surveying under the provisions of this article and to determine the amount of experience required under section five of this article which may be substituted for a particular curriculum.
(b) All moneys paid to the board shall be accepted by a person designated by the board and deposited by him with the treasurer of the state and credited to an account to be known as the "board of examiners of land professional surveyors fund." All of the reasonable compensation of the members of the board, the reimbursement of all reasonable and necessary expenses actually incurred by such members and all other costs and expenses incurred by the board in the administration of this article shall be paid from such fund, and no part of the state's general revenue fund shall be expended for this purpose.
§30-13A-5. Qualifications of applicants for licenses; surveyor- in-training applications; fees; examinations.

(a) To be eligible for a license to engage in the practice of land professional surveying, the applicant must:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Have been a resident of the United States for one year immediately preceding the date of application;
(4) Not have been convicted of a crime involving moral turpitude;
(5) Have four years or more experience in the practice of land professional surveying under the supervision of a personauthorized to practice land professional surveying in this state, or a person authorized in another state or country to engage in the practice of land professional surveying; and each year of satisfactory study in a surveying or equivalent curriculum shall be substituted for one year of experience, but only two years of such experience requirement may be fulfilled by such study. On and after the first day of July, one thousand nine hundred ninety-one, six years or more of such experience under the supervision of a licensee or a person authorized in another state or country to engage in the practice of land professional surveying shall be required by those applicants who are graduates of a surveying or equivalent curriculum of two scholastic years or more. However, only three years of such experience may be fulfilled by such study, and eight years of such experience under the supervision of a person authorized to practice land professional surveying in this state, or a person authorized in another state or country to engage in the practice of land professional surveying, shall be required for those applicants who are not graduates of a surveying or equivalent curriculum; and
(6) Have passed the examination prescribed by the board, which examination shall cover the basic subject matter of land professional surveying and land professional surveying skills and techniques.
(b) Any applicant for any such license shall submit an application therefor on forms provided by the board. Suchapplication shall be verified and shall contain a statement of the applicant's education and experience, the names of five persons for reference (at least three of whom shall be licensees or persons authorized in another state or country to engage in the practice of land professional surveying, who have knowledge of his work) and such other information as the board may from time to time by reasonable rule prescribe.
(c) An applicant shall pay to the board with his application an examination fee for the purpose of covering the cost of the examination not to exceed two hundred dollars as determined by the board by rule.
(d) Examinations shall be held at least once each year at such time and place as the board shall determine. The scope of the examination and methods of procedure shall be determined by the board. An applicant who fails to pass all or any part of an examination may reapply at any time and shall furnish additional information as requested by the board. The cost of reexamination will be based on the cost of the examination as determined by the board by rule.
(e) The board shall offer a surveyor-in-training (SIT) examination to applicants who meet the requirements of subdivisions (1), (2), (3) and (4), subsection (a) of this section, and are graduates of a surveying or equivalent curriculum of two or more years which has been approved by the board of examiners of land professional surveyors. The examination shall include an eight-hour portion of fundamentalsin science, mathematics and surveying. Applicants must pass the other portions of the surveyor-in-training examination and complete the work experience and other requirements of this section before they are allowed to take the second eight-hour examination which consists of principles and practices.



NOTE: The purpose of this bill is to change the name of the West Virginia State Board of Examiners of Land Surveyors to the West Virginia State Board of Examiners of Professional Surveyors.

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