H. B. 4256
(By Delegates Douglas, Collins, Claypole,
Prunty, Stalnaker and Capito)
(Originating in the Committee
on Government Organization)
[Introduced February 3, 1998]
A BILL to amend and reenact section three, article thirteen-a,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the continuation
of the board of examiners of land surveyors.
Be it enacted by the Legislature of West Virginia:
That section three, 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-3. Board of examiners of land surveyors created;
appointment, terms, removal, etc., of members;
officers; meetings; quorum; compensation and
(a) There is hereby created the state board of examiners of
land 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 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 the occurrence 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) After having conducted a performance audit through its
joint committee on government operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the board of examiners of land surveyors
should be continued and reestablished. Accordingly,
notwithstanding the provisions of section four of said article, the
board of examiners of land surveyors shall continue to exist until
the first day of July,
one thousand nine hundred ninety-eight two
NOTE: The purpose of this bill is to continue the Board of
Examiners of Land Surveyors until July 1,2004, pursuant to the
provisions of the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
This bill is recommended by the Joint Committee on Government
Operations for passage during the 1998 Regular Session of the