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Introduced Version Senate Bill 561 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 561

(By Senators Sypolt, Bowman, Snyder, Yost, White, Prezioso and D. Facemire)

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[Introduced March 12, 2009; referred to the Committee on Government Organization.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-2-8; and to amend and reenact §30-13A-36 of said code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor after a date certain.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-2-8; and that §30-13A-36 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS; COUNTY SURVEYOR.

§7-2-8. License required for county surveyor.
After January 1, 2010, 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 article thirteen-a, chapter thirty of this code and such licensee shall be in good standing.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS

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 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. However, beginning January 1, 2010, 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 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.



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