It is enacted by the General Assembly as follows

SECTION 1. Sections 5-8.1-2, 5-8.1-5, 5-8.1-9, 5-8.1-11, 5-8.1-12 and 5-8.1-13 of the General Laws in Chapter 5-8.1 entitled "Land Surveyors" are hereby amended to read as follows:

5-8.1-2. Definitions. -- The following definitions shall apply in the interpretation of the provisions of this chapter, unless the context requires another meaning:

(1) (ABET) means the accreditation Board for Engineering and Technology.

(2) "Accredited Program" means an approved program or course of study currently accredited and subject to review by the accepted national organization ABET (land surveying) and any other such school or course of study which fulfills equivalent requirements which the board shall approve.

(3) "Applicant" means an individual who has submitted an application for registration to practice land surveying as a surveyor in training, and/or a certification of authorization.

(4) "Board of Land Surveyors" {ADD "board of professional land surveyors" ADD} or "board" means the board of registration for professional land surveyors, as hereinafter provided by this chapter.

(5) "Candidate" means a person who has the qualifications prerequisite by statute and board regulation for admission to examination and who has filed with the board an application for registration accompanied by the required examination fee.

(6) "Certificate of Registration" means a certificate issued by the board of professional land surveyors to a person to engage in the profession regulated by the board.

(7) "Land Surveyor-in-Training" means a person who has qualified for, taken and passed an examination in the fundamentals of land surveying.

(8) (NCEES) means the {DEL National Council for the Examination of Engineers and Surveyors DEL} {ADD National Council of Examiners for Engineering and Surveying ADD} .

(9) "Part-time": means any type of employment or work engagement that requires less than twenty (20) hours of labor per week.

(11) "Practice or offer to Practice" means a person who engages in land surveying, or who by verbal claim, sign, letterhead, card or in any other way represents himself/herself to be a professional land surveyor.

(10) "Practice of Land Surveying": means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to perform the act of measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions thereof, including the topography, alignment, and grades of streets and for the preparation of maps, record plats, field note records and property descriptions that represent these surveys.

(12) "Principal" means an individual who is a registered professional land surveyor and who is an officer, shareholder, director, partner, or owner of that organization and who is in responsible charge of an organization's professional practice for which he or she is registered.

(13) "Professional Land Surveyor" means a person who has been duly registered as a professional land surveyor by the board established under this chapter, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence and all to surveying of real property and engaged in the practice of land surveying as herein defined.

(14) "Registrant" means an individual who has been issued a certificate of registration by the board of professional land surveyors.

(15) "Registrant's Seal" means an emblem of a type, shape, and size and as specified by the board of registration of professional land surveyors for use by an individual registrant to stamp legal descriptions final drawings, specifications, and reports.

(16) "Responsible Charge" means direct control and personal supervision of the work performed. {DEL A land surveyor who provides twenty (20) hours, or more of services per week, to or for any firm for the purposes of this chapter, is considered in responsible charge. DEL} {ADD No person may serve in responsible charge of land surveying work done in Rhode Island unless said person is registered as a professional land surveyor by the board. ADD}

(17) "Rules and Regulations" means that document of the same title as amended from time to time that has been duly adopted by the board of professional land surveyors and which sets forth the manner in which the aforementioned board shall administer its affairs, establish rules of conduct, procedures, and standards for adherence by all persons registered by the board, filed with the secretary of state in accordance with the provisions of sections 42-35-3(a) and 42-35-4(b), and this chapter.

{ADD (18) "Experience" means combined office and field work in land surveying satisfactory to the board, including any work which shall be performed under the direct control and personal supervision of a professional land surveyor.

(19) "Related curriculum" means an educational program of sufficient length and academic quality and content to satisfy the board. ADD}

5-8.1-5. Board of registration for professional land surveyors -- Membership, appointments, terms, and vacancies. -- (a) The board of land surveyors shall consist of five (5) professional land surveyors {ADD only ADD} one of whom may also be a professional engineer and all of whom shall be registered in the state. Each member of the board shall be a qualified elector of this state for three (3) years prior to appointment. Each member shall have been engaged in the lawful practice of land surveying for at least seven (7) years and shall have been in responsible charge of surveying work for at least five (5) years.

(b) Each member of the board shall be appointed by the governor, within sixty (60) days of the enactment of this chapter, for staggered terms, to serve a term of five (5) years or until his or her successor is appointed and qualified; however, that in the original appointments hereunder, one (1) member shall be appointed for a period of one (1) year, one (1) member shall be appointed for a period of two (2) years, one (1) member shall be appointed for a period of three (3) years, one (1) member shall be appointed for a period of four (4) years and one (1) member shall be appointed for a period of five (5) years.

(c) No member of the board of land surveyors shall be associated in the practice of surveying either individually or as a member of a firm, partnership or corporation, with any other member of the board.

(d) Vacancies in the membership of the board of land surveyors shall be filled for any unexpired terms by appointment of the governor.

(e) A member appointed for a full term shall not be eligible for more than two (2) consecutive terms.

(f) The governor may remove any member of the board of land surveyors for misconduct, incompetency, neglect of duty, or for any sufficient cause, in the manner prescribed by law for removal of state officials.

(g) Each member of the board of land surveyors shall receive a certificate of his or her appointment from the governor and shall file with the secretary of state his or her written oath or affirmation for the faithful discharge of his or her official duties.

(h) Within thirty (30) days of the appointment of the board, the director or his or her designee shall summon the members of the board to organize and elect a chair, vice-chair and secretary from the appointed members.

5-8.1-9. Board of registration for professional land surveyors -- Application and qualification for registration. -- (a) Application for registration as a professional land surveyor or certification as a surveyor-in-training shall be made in writing on a form prescribed and furnished by the board of land surveyors. The application shall contain statements made under oath, shall show the applicant's education, shall contain a detailed summary of the applicant's technical and professional experience, and shall designate references as set forth below. The fee as set forth in section 5-8.1-11 must accompany each application. Failure to include this fee will result in the application being returned to the applicant without consideration by the board.

(b) To be eligible for registration as a professional land surveyor, an applicant must be of good character and reputation. Additionally, the applicant must submit five (5) references with his or her application, three (3) of whom shall be registered professional land surveyors having personal knowledge of his or her land surveying experience. No person seeking his or her initial registration as a professional land surveyor shall be granted such certificate without first completing a surveyor-in-training program as prescribed and approved by the board.

(c)(1) To be eligible for certification as a surveyor-in-training, an applicant must be of good character and reputation and additionally must submit three (3) character references one (1) of which must be a professional land surveyor.

(2) One of the following shall be considered as minimum evidence to the board that the applicant is qualified for registration as a professional land surveyor or for certification as a land surveyor-in-training, respectively:

(i) As a professional land surveyor and/or surveyor-in-training:

(A) {ADD Graduation from a four (4) year accredited program, experience and examination. ADD} A graduate of a land surveying curriculum of four (4) years or more approved by the board, as being of satisfactory standing shall be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing such an examination the applicant shall be granted a surveyor-in-training certificate in this state providing the applicant is otherwise qualified. Additionally, upon obtaining a specific record of a minimum of three (3) years of experience, after graduation, of combined office and field experience of a grade and character which indicates to the board that the applicant may be competent to practice land surveying, the applicant may be admitted to a {DEL seven (7) DEL} {ADD six (6) ADD} hour written examination in the principles and practice of land surveying {DEL (which includes a three (3) hour so-called colonial portion) DEL} plus an additional {DEL four (4) DEL} {ADD two (2) ADD} hour written Rhode Island legal portion. Upon passing such an examination, the applicant shall be granted a certificate of registration to practice land surveying in this state, provided the applicant is otherwise qualified.

(B) {ADD Graduation from a four (4) year non-accredited program, experience and examination. ADD} A graduate of land surveying or related curriculum of four (4) years or more other than those approved by the board as being of satisfactory standing may be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing such examination the applicant shall be granted a {DEL surveying DEL} {ADD surveyor-ADD}in-training certificate in the state, provided the applicant is otherwise qualified. Additionally upon obtaining a specific record of a minimum of five (5) years of experience, after graduation, of combined office and field experience satisfactory to the board in land surveying, of which a minimum of three (3) years has been under the supervision of a registered professional land surveyor, which indicates to the board that the applicant may be competent to practice land surveying, the applicant may be admitted to a {DEL seven (7) DEL} {ADD six (6) ADD} hour written examination in the principles and practice of land surveying {DEL (which includes a three (3) hour so-called colonial portion) DEL} plus an additional {DEL four (4) DEL} {ADD two (2) ADD} hour written Rhode Island legal portion. Upon passing such an examination, the applicant shall be granted a certificate of registration to practice land surveying in this state, provided the applicant is otherwise qualified.

(C) {ADD Graduation from a two (2) year accredited program experience, and examination. ADD} A graduate of a land surveying or related curriculum of satisfactory standing, of two (2) years or more approved by the board, who has obtained an associates degree, and upon obtaining a minimum of two (2) years experience, after graduation, satisfactory to the board, may be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing such examination the applicant shall be granted a surveying-in-training certificate in the state, provided the applicant is otherwise qualified. Upon obtaining a specific record of a minimum of additional five (5) years of experience, of combined office and field experience satisfactory to the board in land surveying, of which a minimum of three (3) years has been under the supervision of a registered professional land surveyor, which indicates to the board that the applicant may be competent to practice land surveying, the applicant may be admitted to a {DEL seven (7) DEL} {ADD six (6) ADD} hour written examination in the principles and practice of land surveying {DEL (which includes a three (3) hour so-called colonial portion) DEL} plus an additional {DEL four (4) DEL} {ADD two (2) ADD} hour written Rhode Island legal portion. Upon passing such an examination, the applicant shall be granted a certificate of registration to practice land surveying in this state, provided the applicant is otherwise qualified.

(D) {ADD Graduation from a two (2) year non-accredited program, experience and examination. ADD} A graduate of a land surveying or related curriculum of two (2) years or more, other than one approved by the board, who has obtained an associates degree, and upon obtaining a minimum of two (2) years experience, after graduation, satisfactory to the board may be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing such examination the applicant shall be granted a surveying-in-training certificate in the state, provided the applicant is otherwise qualified. Upon obtaining a specific record of a minimum of an additional eight (8) years of experience, of combined office and field experience satisfactory to the board in land surveying, of which a minimum of three (3) years has been under the supervision of a registered professional land surveyor, which indicates to the board that the applicant may be competent to practice land surveying, the applicant may be admitted to a {DEL seven (7) DEL} {ADD six (6) ADD} hour written examination in the principles and practice of land surveying {DEL (which includes a three (3) hour so-called colonial portion) DEL} plus an additional {DEL four (4) DEL} {ADD two (2) ADD} hour written Rhode Island legal portion. Upon passing such an examination, the applicant shall be granted a certificate of registration to practice land surveying in this state, provided the applicant is otherwise qualified.

(E) {ADD Experience and examination. ADD} (I) A person having acquired at least twelve (12) years of active office and/or field experience in land surveying, at least six (6) years of which experience has been under the direct supervision of a registered professional land surveyor, and with said experience being of a grade and character which indicates to the board that the applicant may be competent to practice land surveying, may be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing said examination the applicant shall be {ADD granted a surveyor-in-training certificate in the state, provided that the applicant is otherwise qualified and shall be ADD} admitted to a second {DEL seven (7) DEL} {ADD six (6) ADD} hour written examination {DEL (which includes a three (3) hour so-called colonial portion) DEL} plus an additional {DEL four (4) DEL} {ADD two (2) ADD} hour written Rhode Island legal portion. Upon passing such an examination, the applicant shall be granted a certificate of registration to practice land surveying in this state provided the applicant is otherwise qualified. This subsection 5 shall expire at midnight, June 30, 2002.

(II) In certain instances in which an applicant presents an experience of unusually high quality, the board, at its complete and sole discretion, may allow an applicant, having acquired six (6) years of active office and field experience in land surveying, {ADD which experience has been under the direct supervision of a professional land surveyor, ADD} to be admitted to an eight (8) hour written examination in the fundamentals of land surveying. Upon passing such examinations, the applicant shall be granted a surveyor-in-training certificate {ADD in the state, provided the applicant is otherwise qualified ADD} .

(F) {ADD Surveying teaching. ADD} Teaching of advanced land surveying subjects in a college or university offering an approved land surveying curriculum may be considered as land surveying experience satisfactory to the board.

(G) {ADD Registration by comity or endorsement. ADD} A person holding a current certificate of registration to engage in the practice of land surveying, on the basis of comparable written examinations, issued to him or her by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or any foreign country who, in the opinion of the board, meets the requirements of this chapter, based upon verified evidence, may, upon application be registered, only if they have passed {DELthe colonial three (3) hour written examination of the land surveyor exam, andDEL} the {DELfour (4)DEL}{ADDtwo (2)ADD} hour written Rhode Island legal portion.

(d)(1) The passing grade on all examinations offered by the land surveyors shall be not less than seventy percent (70%). An applicant failing any examination may apply for re-examination upon payment of the appropriate fees. An applicant who scores less than fifty percent (50%) on any examination may not apply for re-examination for at least one year.

(2) An applicant who has failed any of the exams three (3) times, must be interviewed by the board, before any further application can be acted upon. It will be the applicant's responsibility to show the board that he or she will be successful if allowed to take the exam again.

5-8.1-11. Board of registration for professional land surveyors -- Fees -- Payment and disposition. -- (a) The fees paid by an applicant for filing an application for examination, for annual renewal or for issuance of a duplicate shall be determined by the board and shall not exceed {DEL one hundred twenty-five dollars ($125) DEL} {ADD one hundred fifty dollars ($150) ADD} per year plus any administrative costs associated with an application for examination, re-examination, annual renewal or duplicate certificate said administrative costs to be determined by the board. All revenues received pursuant to this section shall be deposited as general revenues.

(b) The fees paid by an applicant for the examination, for re-examination or for renewal of any expired certificate shall be determined by the board so as to cover the direct expenses associated with administering the examination, re-examination or the renewal of an expired certificate.

5-8.1-12. Board of registration for professional land surveyors -- Official stamp of professional land surveyor. -- (a) A registrant hereunder may obtain a Rhode Island seal of the design authorized by the board of land surveyors, bearing the registrant's name, registration number, and the legend "Professional Land Surveyor". Final surveys, drawings, reports, plats, replats, plans, legal descriptions, and calculations prepared by a registrant shall, when issued, be signed, dated, and stamped with the seal or facsimile thereof. It shall be unlawful for a land surveyor to affix, or permit his or her seal or facsimile thereof to be affixed, to any survey, drawing, report, plan, legal descriptions, plat, replat, {DEL or DEL} report, {ADD legal description or calculations ADD} after expiration of a certificate or for the purpose of aiding or abetting any other person to evade or attempt to evade any provisions of this chapter. It shall be unlawful for any person other than that registered land surveyor who has signed and sealed such survey, drawing, plan, plat, replat, {DEL or DEL} report, {ADD legal description or calculations ADD} to modify, change, amend, add or delete any data, information, lines, angles, or areas shown on such survey, drawing, plan, plat, replat, or report.

(b) Upon revocation or suspension of his or her certificate of registration, or upon expiration of said certificate without renewal, a professional land surveyor shall surrender his or her stamp to the board of land surveyors. The board shall have the power to institute proceedings in superior court to enforce this subsection.

(c) Upon the death of any professional land surveyor registered under this chapter, that person(s) appointed to administer the estate of the decedent shall surrender the stamp of the deceased professional land surveyor to the board of land surveyors. The board shall have the power to institute proceedings in superior or probate court to enforce this subsection.

5-8.1-13. Board of registration for professional land surveyors -- Permitted practices. -- (a) {ADD Exemption clause. ADD} This chapter shall not be construed to prevent or to affect:

(1) {ADD Employees and subordinates. ADD} The work of an employee or subordinate of a person holding a certificate of registration under this chapter, provided, however, that such 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) {ADD Federal employees. ADD} 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 said government on property owned by the federal government, provided that no right to practice land surveying shall accrue to any such persons with respect to any other land surveying work. The right to registration after government employment shall not be granted except under the provisions set forth under section 5-8.1-11 of this chapter.

(3) {ADD Other professions. ADD} The practice of engineering, architecture, or landscape architecture.

(b) {ADD Corporate, partnership and sole proprietorship practice. ADD} (1) The practice or offer to practice land surveying as defined by this chapter by a corporation, partnership or sole proprietorship, hereinafter referred to as the "firm", through individuals is permitted, provided that said individuals are in direct control of such 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 further that said firm has been issued a certificate of authorization by the board of land surveyors.

(2) Within one year after enactment of this chapter every firm must obtain a certificate of authorization from the board and those individuals in direct control of such 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). {DEL This fee shall be waived if the firm consists of only one person who is the person in responsible charge. DEL}

(3) {DEL This waiver shall not prevent the board from requesting the information it requires to carry out the provisions of this section. DEL} 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 same on a form to be provided by the board. A separate form provided by the board is to be filed with each renewal of said 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 will issue a certificate of authorization for said 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 shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with the provisions of this section. No individual practicing land surveying under the provisions of this chapter shall be 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 herein above described.

(6) A land surveyor {DEL who provides less than twenty (20) hours of services per week to or for any firm DEL} may not, for the purposes of this section, be designated as being in responsible charge {DEL of the professional activities of the firm DEL} {ADD on more than two (2) certificates of authorization ADD} .

(7) Certificates of authorization shall be renewed as hereinbefore provided for certificates of registration in section 5-8.1-11 of this chapter.

(8) Corporations organized under the provisions of chapter 7-5.1 of the general laws entitled "Professional Service Corporations" shall submit a copy of their articles of incorporation in order to obtain a certificate of authorization from the board of land surveyors.

(9) Corporations other than those organized under chapter 7-5.1, partnerships and sole proprietorships practicing in this state prior to the date of the enactment of this chapter shall fully comply with the provisions of this section within one year of the date of said enactment.

(10) Effective one year from July 1, 1990, the secretary of state shall not issue a certificate of incorporation to any applicant, or a registration as a foreign corporation 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 thereof, unless the board of land surveyors has issued for said applicant a certificate of authorization or a letter indicating the eligibility of such applicant to receive such a certificate. The firm applying shall supply such certificate or letter from the board with its application for incorporation or registration as a foreign corporation.

(c) {ADD Land surveyor previously registered. ADD} Each land surveyor holding a certificate of registration and each land surveyor-in-training under the laws of this state as heretofore in effect shall be deemed registered as a land surveyor or land surveyor-in-training as appropriate under this chapter.

(d) This section shall 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 {ADD of authorization ADD} from the board of registration when applicable.

SECTION 2. This act shall take effect upon passage.