Chapter 407

2005 -- H 6007

Enacted 07/19/05

A N A C T

RELATING TO LAND SURVEYORS

Introduced By: Representative John J. McCauley

Date Introduced: March 01, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-8.1-13 of the General Laws in Chapter 5-8.1 entitled "Land

Surveyors" is hereby amended to read as follows:

5-8.1-13. Board of registration for professional land surveyors -- Permitted

practices. -- (a) Exemption clause. - This chapter shall not be construed to prevent or to affect:

      (1) Employees and subordinates. - The work of an employee or subordinate of a person

holding a certificate of registration under this chapter; provided, that the work does not include

final land surveying work or decisions and is done under the direct supervision of, or checked by,

a person holding a certificate of registration issued under this chapter.

      (2) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of land surveying for the

government on property owned by the federal government; provided, that no right to practice land

surveying accrues to those persons as to any other land surveying work. The right to registration

after government employment shall not be granted except under the provisions prescribed under

section 5-8.1-11.

      (3) Other professions. - The practice of engineering, architecture, or landscape

architecture.

      (b) Sole proprietorship, partnership, limited liability partnership, corporate and limited

liability company practice.

      (1) The practice or offer to practice land surveying as defined by this chapter by sole

proprietorship, partnership, limited liability partnership, corporation or limited liability company,

subsequently referred to as the "firm", through individuals is permitted; provided, that the

individuals are in direct control of that practice; exercise personal supervision of all personnel

who act in behalf of the firm in professional and technical matters; and are registered under the

provisions of this chapter; and provided, that the firm has been issued a certificate of

authorization by the board of land surveyors.

      (2) Within one year after the enactment of this chapter [July 12, 1990] every firm must

obtain a certificate of authorization from the board and those individuals in direct control of the

practice and who exercise direct supervision of all personnel who act in behalf of the firm in

professional and technical matters must be registered with the board. The certificate of

authorization shall be issued by the board upon satisfaction of the provisions of this chapter and

the payment of an annual fee not to exceed fifty dollars ($50.00).

      (3) It is the intent of the board of registration to establish that the professional land

surveyor is responsible for land surveying services.

      (4) Every firm desiring a certificate of authorization must file with the board an

application for the certificate on a form provided by the board. A separate form provided by the

board shall be filed with each renewal of the certificate of authorization and within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason. If, in its judgment, the information contained on the

application and renewal form is satisfactory and complete, the board shall issue a certificate of

authorization for the firm to practice land surveying in this state.

      (5) No firm that has been granted a certificate of authorization by the board of land

surveyors is relieved of responsibility for the conduct or acts of its agents, employees, partners (if

a partnership or a limited liability partnership), officers or directors (if a corporation), or members

or managers (if a limited liability company) because of its compliance with the provisions of this

section. No individual practicing land surveying under the provisions of this chapter is relieved of

responsibility for land surveying services performed by reason of his or her employment or other

relationship with a firm holding a certificate of authorization as subsequently described. In the

event of unexpected death, retirement, dismissal or any other occasion where an entity has one

person who is a registered land surveyor, and that person no longer can continue in the operation

of the entity, then the board of registration may waive certain requirements for a certificate of

authorization, for a period of not longer than forty-five (45) days, provided that the entity retains

a person who is a registered professional land surveyor to review and pursue the duties of

surveying that are required under chapter 5-8.1.

      (6) A land surveyor may not, for the purposes of this section, be designated as being in

responsible charge on more than two (2) certificates of authorization.

      (7) Certificates of authorization shall be treated for all purposes hereunder, including, but

not limited to, renewal, expiration and lapsing, as previously provided for certificates of

registration in section 5-8.1-10; provided, however, that renewal may be effected at any time

prior to or during the month of June of each even-numbered year (meaning biennially)

commencing in year 2004.

      (8) Limited liability partnerships, corporations and limited liability companies shall

submit a copy of their articles of incorporation, articles of organization or certificate of

registration in order to obtain a certificate of authorization from the board of land surveyors.

      (9) Corporations other than those organized under chapter 5.1 of title 7, partnerships and

sole proprietorships practicing in this state prior to July 12, 1990, shall fully comply with the

provisions of this section within one year of that date.

      (10) Effective one year from July 1, 1990, the secretary of state shall not issue a

certificate of incorporation or certificate of organization or certificate of registration to any

applicant, or a registration as a foreign corporation, limited liability partnership or limited liability

company, to any firm, which includes among the objectives for which it is being established any

of the words "surveyor", "surveying" or any modification or derivation of those words, unless the

board of land surveyors has issued for the applicant a certificate of authorization or a letter

indicating the eligibility of the applicant to receive the certificate. The firm applying shall supply

the certificate or letter from the board with its application for incorporation or registration as a

foreign corporation, limited liability partnership or limited liability company.

      (c) Land surveyor previously registered. - Each land surveyor holding a certificate of

registration and each land surveyor-in-training under the laws of this state as previously in effect

shall be deemed registered as a land surveyor or land surveyor-in-training as appropriate under

this chapter.

      (d) This section does not exempt the political subdivisions of the state, such as county,

city, or town, or legally constituted boards, districts, or commissions, from obtaining a certificate

of authorization from the board of registration when applicable.

SECTION 2. This act shall take effect upon passage.     

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LC02262

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