Bill Text: MS SB2422 | 2025 | Regular Session | Introduced
Bill Title: Licensure of land surveyors; merge into licensure of engineers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Business and Financial Institutions;Government Structure [SB2422 Detail]
Download: Mississippi-2025-SB2422-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Business and Financial Institutions; Government Structure
By: Senator(s) Johnson
Senate Bill 2422
AN ACT TO AMEND SECTIONS 73-13-1, 73-13-3, 73-13-5, 73-13-7, 73-13-9, 73-13-11, 73-13-13, 73-13-15, 73-13-17, 73-13-19, 73-13-21, 73-13-23, 73-13-25, 73-13-27, 73-13-29, 73-13-31, 73-13-33, 73-13-35, 73-13-37, 73-13-39, 73-13-41, 73-13-43 AND 73-13-45, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSURE PROVISIONS FOR ENGINEERS TO INCLUDE LICENSURE FOR LAND SURVEYORS; TO INCLUDE DEFINITIONS RELATED TO SURVEYING; TO PROVIDE THE MEMBERS OF THE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO PROVIDE THE TERMS OF OFFICE FOR THE NEWLY CONSTITUTED BOARD SHALL BE SIX YEARS; TO REVISE THE QUALIFICATIONS OF THE BOARD MEMBERS; TO PROVIDE THAT MEMBERS OF THE BOARD SHALL HOLD FOUR QUARTERLY MEETINGS EACH YEAR, AND FAILURE TO ATTEND TWO CONSECUTIVE QUARTERLY MEETINGS MAY RESULT IN REMOVAL FROM THE BOARD; TO INCREASE THE APPLICATION FEES, THE RENEWAL FEES AND CERTIFICATE OF AUTHORITY FEES FOR LICENSURE AS A PROFESSIONAL ENGINEER OR PROFESSIONAL SURVEYOR; TO PROVIDE THAT A SOLE PROPRIETORSHIP, OWNED AND OPERATED BY A LICENSEE, AND A PROFESSIONAL ASSOCIATION OF LICENSED PROFESSIONAL ENGINEERS OR LICENSED PROFESSIONAL SURVEYORS SHALL NOT BE REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY; TO CREATE NEW SECTION 73-13-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SURVEYOR MAY ENTER IN OR UPON CERTAIN LANDS WITHOUT CRIMINAL LIABILITY FOR TRESPASS; TO PROVIDE LIMITED CIVIL LIABILITY FOR THE SURVEYOR; TO CREATE NEW SECTION 73-13-49, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPLICABILITY OF THE SECTIONS RELATED TO LICENSURE OF PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS AND THAT CERTAIN ACTIVITIES SHALL NOT BE PREVENTED OR AFFECTED AS A RESULT OF THOSE SECTIONS; TO REPEAL SECTIONS 73-13-71 THROUGH 73-13-105, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE LICENSURE OF LAND SURVEYORS; TO AMEND SECTIONS 19-27-1, 73-63-5, 85-7-401, 97-17-85, 97-17-93 AND 97-17-97, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-13-1, Mississippi Code of 1972, is amended as follows:
73-13-1. In order to
safeguard life, health, and property, and to promote the public welfare, any
person or firm in either public or private capacity practicing or offering to
practice engineering or surveying shall hereafter be required to submit
evidence that the person or firm is qualified so to practice engineering or
surveying and shall be licensed as hereinafter provided; and it shall be
unlawful for any person or firm to practice or to offer to practice in this
state, engineering or surveying, as defined in the provisions of * * *
this chapter, or to use in connection with * * * their name or otherwise assume,
use, or advertise any title or description tending to convey the impression
that * * *
they are a professional engineer or professional surveyor, unless
such person has been duly licensed under the provisions of * * *
this chapter. There is specifically reserved to engineering graduates
of all universities and colleges accredited by a regional accrediting body that
is recognized by the United States Department of Education, the right to
disclose any college degrees received by such individuals and use the words
"graduate engineer" on * * * their stationery, business cards
and personal communications of any character.
SECTION 2. Section 73-13-3, Mississippi Code of 1972, is amended as follows:
73-13-3. (1) The
term "engineer" as used in * * *
this chapter shall mean a professional engineer as hereinafter defined.
(2) The term
"professional engineer" within the meaning and intent of * * *
this chapter shall mean a person who has met the qualifications as
required under * * * this chapter and who has been
issued a * * * license as a professional engineer.
(3) The term
"engineer intern" as used in * * *
this chapter shall mean a candidate for licensure as a professional
engineer who has met the qualifications as required under * * * this
chapter and who has been * * * enrolled
as an engineer intern.
(4) The term
"practice of engineering" within the meaning and intent of * * *
this chapter shall mean any service or creative work * * * requiring
engineering * * * principles
and the interpretation of engineering data to engineering activities, including
the engineering design of buildings, structures, products, machines, processes
and systems, that potentially impact the health, safety and welfare of the public.
The services may include, but not be limited to, providing planning, studies, designs, design coordination, drawings, specifications and other technical submissions; teaching engineering design courses; commissioning of engineered systems; performing surveying that is incidental to the practice of engineering; and reviewing construction or other design products for the purposes of monitoring compliance with drawings and specifications related to engineered works.
Surveying incidental to the practice of engineering excludes the surveying of real property for the establishment or determination of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system and is limited to conducting field measurements to supplement the documentation of existing conditions.
An individual shall be construed to practice engineering, within the meaning and intent of this chapter, if the individual does any of the following:
(a) Practices any discipline of the profession of engineering or holds themselves out as able and entitled to practice any discipline of engineering.
(b) Represents themselves to be a professional engineer by verbal claim, sign, advertisement, letterhead, or card or in any other way.
(c) Through the use of some other title, implies that they are a professional engineer under this chapter.
Design coordination includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, surveyors, architects, landscape architects and other professionals working under direction of the engineer.
(5) The term "surveyor" as used in this chapter means a professional surveyor as hereinafter defined.
(6) The term "professional surveyor," within the meaning and intent of this chapter, shall mean a person who has met the qualifications as required under this chapter and who has been issued a license as a professional surveyor.
(7) The term "surveyor intern," as used in this chapter, shall mean a candidate for licensure as required under this chapter and who has been enrolled as a surveyor intern.
(8) (a) The "practice of surveying," within the meaning and intent of this chapter, shall mean providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and involving both (i) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on, or below the earth; and (ii) providing, utilizing, or developing the same into survey products such as graphics, data, maps, plans, reports, descriptions, or projects.
(b) Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:
(i) Determining by measurement the configuration or contour of the earth's surface or the position of fixed objects thereon;
(ii) Determining by performing geodetic surveys the size and shape of the earth or the position of any point on the earth;
(iii) Locating, relocating, establishing, reestablishing, or retracing property lines or boundaries of any tract of land, road, right-of-way, or easement or marking any such line on the ground in a permanent or temporary manner;
(iv) Making any survey for the division, subdivision, or consolidation of any tract(s) of land;
(v) Locating or laying out alignments, positions, or elevations for the construction of fixed works;
(vi) Determining, by the use of principles of surveying, the position for any survey monument (boundary or nonboundary) or reference point; establishing or replacing any such monument or reference point;
(vii) Creating, preparing, or modifying electronic, computerized, or other data, relative to the performance of the activities in subparagraphs (i) through (vi) of this paragraph.
(c) An individual shall be construed to practice surveying, within the meaning and intent of this chapter, if the individual does any of the following:
(i) Engages in or holds themselves out as able and entitled to practice surveying;
(ii) Represents themselves to be a professional surveyor by verbal claim, sign, advertisement, letterhead, or card or in any other way;
(iii) Through the use of some other title, implies that they are a professional surveyor or licensed under this chapter.
(9) The term
"firm," as used in * * *
this chapter, shall mean a business entity that offers the professional
engineering or surveying services to the public of its licensed personnel who
are either employees, officers, directors, partners, members or managers. A
business entity may be formed as either:
(a) A professional service corporation;
(b) A corporation;
(c) A partnership, including limited partnerships and limited liability partnerships; or
(d) A limited liability company.
* * *
(10) The term
"board" as used in * * *
this chapter shall mean the Board of Licensure for Professional
Engineers and Surveyors provided for by * * * this chapter.
SECTION 3. Section 73-13-5, Mississippi Code of 1972, is amended as follows:
73-13-5. A Board of
Licensure for Professional Engineers and Surveyors is hereby created whose duty
it shall be to administer the provisions of * * *
this chapter. The board shall consist of six (6) licensed professional
engineers, * * * and three (3) licensed professional
surveyors, who are not licensed professional engineers, * * * all of whom shall have the qualifications required by * * * this chapter.
The members of the board shall be appointed * * * by the Governor.
State surveying societies, councils, and associations may provide surveyor
nominees to the Governor for consideration no less than ninety (90) days before
the expiration of a board member term. State engineering societies or councils
that are affiliated with national organizations may provide engineer nominees
to the Governor for consideration no less than ninety (90) days before the
expiration of a board member term. The board so appointed shall have two
(2) engineer members and one (1) surveyor member from each of the three
(3) state Supreme Court districts, designated by district, * * * and shall serve for * * * six (6) years, or until their
successors are duly appointed and qualified.
The first Supreme Court District engineer members shall be designated as Post 1 and Post 4, and the survey member shall be designated as Post 7. The second Supreme Court District engineer members shall be designated as Post 2 and Post 5, and the survey member shall be designated as Post 8. The third Supreme Court District engineer members shall be designated as Post 3 and Post 6, and the surveyor member shall be designated as Post 9.
The initial appointments and terms of office shall be made as follows:
Posts 1, 2 and 9 shall be appointed for six-year terms that begin on July 1, 2026.
Posts 3, 4 and 8 shall be appointed for six-year terms that begin on July 1, 2028.
Posts 5, 6 and 7 shall be appointed for six-year terms that begin on July 1, 2030.
At the expiration of their term, members of the board shall be appointed by the Governor in the manner prescribed in this chapter for terms of six (6) years from the expiration date of the previous term.
* * * Each member of the board shall
receive a * * * commission from the Governor, and before
beginning * * *
their term of office * * * they shall file with the Secretary
of State the constitutional oath of office. On the expiration of the term of
any member, the Governor shall in the manner herein provided appoint for a term
of * * *
six (6) years a licensed professional engineer or a licensed
professional surveyor having the qualifications required by * * *
this chapter to take the place of the member of the board whose term is
about to expire. Each member shall hold office until the expiration of the
term for which such member is appointed or until a successor shall have been
duly appointed and shall have qualified.
* * *
Any vacancy on the board
prior to the expiration of a term for any reason, including resignation, removal,
disqualification, death or disability, shall be filled by appointment of the
Governor in the manner prescribed in this * * * chapter for the balance of the
unexpired term. The * * * Governor shall fill such
vacancies within ninety (90) days after each such vacancy occurs.
It shall not be considered the duty of the State of Mississippi to provide office space and office equipment for the board herein created.
No member of the board
shall, during the term of * * * his their office or thereafter, be required to defend
any action for damages in any of the courts of this state where it is shown
that said damage followed or resulted from any of the official acts of said
board in the performance of its powers, duties or authority as set forth in
this chapter. Any such action filed shall upon motion be dismissed, at the
cost of the plaintiff, with prejudice.
SECTION 4. Section 73-13-7, Mississippi Code of 1972, is amended as follows:
73-13-7. Each member of the
board shall be a citizen of the United States and shall have been a resident of
the state for at least five (5) years prior to the appointment. * * * They shall be at least * * * thirty-five (35)
years of age, shall have been engaged as a licensed professional in the
practice of engineering or surveying, as the case may be, for at least ten (10)
years and shall have been in responsible charge of important engineering or
surveying work, as the case may be, for at least five (5) years, and shall
not have been subject to disciplinary action as described in this chapter for
the previous ten (10) years. Each year of teaching engineering or
surveying in a school or college shall be equivalent to a year of responsible
charge of engineering or surveying work. Not more than two (2) members of the
board at any time may be teachers of engineering in the universities or
colleges of the state. All members of the board shall be licensed professional
engineers or licensed professional surveyors, as the case may be.
SECTION 5. Section 73-13-9, Mississippi Code of 1972, is amended as follows:
73-13-9. Each member of the
board shall receive per diem in accordance with Section 25-3-69 when actually
attending to the work of the board or any of its committees, and shall be
reimbursed for traveling expenses in accordance with Section 25-3-41 in carrying
out the provisions of * * * this
chapter.
SECTION 6. Section 73-13-11, Mississippi Code of 1972, is amended as follows:
73-13-11. The Governor may
remove any member of the board for misconduct, incompetency, neglect of duty, failure
to attend two (2) consecutive quarterly meetings, or for any other
sufficient cause. * * *
SECTION 7. Section 73-13-13, Mississippi Code of 1972, is amended as follows:
73-13-13. The board shall
hold at least * * *
four (4) regular quarterly meetings each year * * *.
Special meetings shall be held at such time as the regulations of the board may
provide. Notice of all meetings shall be given in such manner as the
regulations of the board may provide. The board shall elect annually, at a
regular or special meeting, the following officers: a president, a vice
president, and a secretary. A quorum of the board shall consist of not less
than five (5) members.
SECTION 8. Section 73-13-15, Mississippi Code of 1972, is amended as follows:
73-13-15. The board shall have the power to adopt and amend all regulations and rules of procedure, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it. The board shall adopt and have an official seal. It shall not be required to post bond on appeals. The board shall have the further power and authority to:
(a) Establish standards of conduct and ethics;
(b) Institute proceedings in its own name;
(c) Promulgate rules restricting competitive bidding;
(d) Promulgate rules limiting or restricting advertising;
(e) Promulgate rules requiring a demonstration of continuing education;
(f) Adopt and promulgate reasonable bylaws and rules and regulations necessary or appropriate for the proper fulfillment of its duties under state laws pertaining thereto;
(g) Provide for the enforcement of and to enforce the laws of the State of Mississippi and, in particular, the provisions of this chapter, and the bylaws, rules and regulations of the board;
(h) Provide by
appropriate rules and regulations, within the provisions of this chapter, a
system for taking the disciplinary actions provided for in * * * this chapter,
including the imposition of fines as provided therein;
(i) Investigate, prosecute or initiate prosecution for violation of the laws of this state pertaining to the practices of engineering and surveying, or matters affecting the rights and duties or otherwise related thereto;
(j) Adopt rules setting forth qualifications and standards of practice for firms; and
(k) Provide by
appropriate rules and regulations, within the provisions of this chapter, a
system for the annual and/or biennial renewal of * * * licenses.
In carrying into effect the
provisions of * * * this
chapter, the board, under the hand of its president or secretary and the
seal of the board may subpoena witnesses and compel their attendance, and also
may require the production of * * * records and
data in any case involving the disciplinary actions provided for in * * *
this chapter or practicing or offering to practice without licensure.
Any member of the board may administer oaths or affirmations to witnesses appearing
before the board. If any person shall refuse to obey any subpoena so issued,
or shall refuse to testify or produce any * * * records or data,
the board may present its petition to such authority as may have jurisdiction,
setting forth the facts, and thereupon such authority shall, in a proper case,
issue its subpoena to such person, requiring * * * their attendance before such
authority and there to testify or to produce such * * * records and
data, as may be deemed necessary and pertinent by the board. Any person
failing or refusing to obey the subpoena or order of the said authority may be
proceeded against in the same manner as for refusal to obey any other subpoena
or order of the authority.
The Mississippi Board of Licensure for Professional Engineers and Surveyors is hereby authorized and empowered to examine applicants for licensure to practice surveying; to license all applicants whom it deems qualified to practice surveying in accordance with this chapter; and to revoke licenses for just cause as provided for in this chapter.
SECTION 9. Section 73-13-17, Mississippi Code of 1972, is amended as follows:
73-13-17. (1) The board
shall keep an account of all monies derived from the operation of * * *
this chapter. All fees and any other monies received by the board shall
be deposited in a special fund that is created in the State Treasury and shall
be used for the implementation and administration of * * *
this chapter when appropriated by the Legislature for such purpose. The
monies in the special fund shall be subject to all provisions of the state
budget laws that are applicable to special fund agencies, and disbursements
from the special fund shall be made by the State Treasurer only upon warrants
issued by the State Fiscal Officer upon requisitions signed by the executive
director of the board and countersigned by the secretary of the board. Any
interest earned on this special fund shall be credited by the State Treasurer
to the fund and shall not be paid into the State General Fund. Any unexpended
monies remaining in the special fund at the end of a fiscal year shall not
lapse into the State General Fund. The State Auditor shall audit the financial
affairs of the board and the transactions involving the special fund at least
once a year in the same manner as for other special fund agencies.
(2) The executive director
and the secretary of the board shall give a surety bond satisfactory to the
other members of the board, conditioned upon the faithful performance of their
duties. The premium on said bond shall be regarded as a proper and necessary
expense of the board. When any member of the board or any employee thereof is
engaged on business of the board away from the principal office of the board, * * * they shall be entitled to receive
expenses as authorized in Section 25-3-41, and members of the board shall be
entitled to per diem in an amount not to exceed that authorized in Section 25-3-69,
all as approved by the board.
(3) The board shall employ an executive director and may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures for any purpose which in the opinion of the board are reasonably necessary for the proper performance of its duties under this chapter.
SECTION 10. Section 73-13-19, Mississippi Code of 1972, is amended as follows:
73-13-19. The board shall
keep a record of its proceedings and a register of all applications for
licensure, which register shall show (a) the name, age and residence of such
applicant, (b) the date of the application, (c) the place of business of such
applicant, (d) * * *
their educational and other qualifications, (e) whether or not an
examination was required, (f) whether the applicant was rejected, (g) whether a * * * license was
granted, (h) the date of the action of the board, and (i) such other information
as may be deemed necessary by the board.
The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the executive director of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
Annually, on or before March 15, the board shall submit to the Governor a report of its transactions of the preceding year, and shall file with the Secretary of State a copy of such report of the board, attested by affidavits of its president and its secretary.
SECTION 11. Section 73-13-21, Mississippi Code of 1972, is amended as follows:
73-13-21. A roster showing
the names and places of business or residence of all licensed professional
engineers and licensed professional surveyors and licensed firms shall be * * * maintained by the
board.
SECTION 12. Section 73-13-23, Mississippi Code of 1972, is amended as follows:
73-13-23. (1) (a) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer:
Graduation in an engineering curriculum of four (4) years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein the same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; a specific record of four (4) years of qualifying engineering experience indicating that the applicant is competent to practice engineering (in counting years of experience, the board at its discretion may give credit not in excess of three (3) years for satisfactory graduate study in engineering), and the successful passing of examinations in engineering as prescribed by the board.
(b) In considering the qualifications of applicants, engineering teaching may be construed as engineering experience.
(c) The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be the practice of engineering.
(d) Any person having
the necessary qualifications prescribed in * * *
this chapter to entitle * * * them to licensure shall be eligible
for such licensure although * * * they may not be practicing * * * their profession at the time of
making * * *
their application.
(e) No person shall be
eligible for licensure as a professional engineer who is not of good character
and reputation, as defined in the board's Code of Professional Conduct, or who
presents claims in support of * * * their application which contain
major discrepancies.
(2) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for enrollment as an engineer intern:
(a) Graduation in an engineering curriculum of four (4) scholastic years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein that same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; and
(b) Successfully passing a written examination in the fundamental engineering subjects.
(3) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional surveyor:
(a) (i) A bachelor's degree in geomatics, surveying or surveying technology approved by the board consisting of a minimum of one-hundred-twenty-semester hours, or the equivalent, in surveying curriculum subjects and a specific record of four (4) years of qualifying surveying experience; or
(ii) A bachelor's degree in a related science curriculum defined by board rule, consisting of sixty-two-semester hours in surveying curriculum subjects as defined by board rule, and a specific record of five (5) years of qualifying surveying experience; or
(iii) A bachelor's degree in a related science curriculum defined by board rule, and a specific record of six (6) years of qualifying surveying experience; or
(iv) An associate degree, or its equivalent, in a curriculum approved by the board consisting of sixty-two (62) semester hours in surveying curriculum subjects as defined by board rule, and a specific record of seven (7) years or more of qualifying surveying experience; or
(v) A high school diploma, or its equivalent, and a specific record of twelve (12) years or more of qualifying surveying experience; and
(b) Successfully passing examinations in surveying prescribed by the board.
(4) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for enrollment as a surveyor intern:
(a) (i) A bachelor's degree in geomatics, surveying or surveying technology approved by the board consisting of a minimum of one hundred twenty (120) semester hours, or the equivalent, in surveying curriculum subjects; or
(ii) A bachelor's degree in a related science curriculum defined by board rule consisting of sixty-two (62) semester hours in surveying curriculum subjects as defined by board rule; or
(iii) A bachelor's degree in a related science curriculum defined by board rule; or
(iv) An associate degree, or its equivalent, in a curriculum approved by the board consisting of sixty-two (62) semester hours in surveying curriculum subjects as defined by board rule; or
(v) A high school diploma, or its equivalent, and a specific record of eight (8) years or more of qualifying surveying experience; and
(b) Successfully passing examinations in surveying fundamentals prescribed by the board.
(5) No person shall be eligible for licensure as a professional surveyor who is not of good character and reputation, as defined in the board's Code of Professional Conduct.
SECTION 13. Section 73-13-25, Mississippi Code of 1972, is amended as follows:
73-13-25. Applications for
enrollment as an engineer intern * * *, surveyor intern, licensure as
a professional engineer, or licensure as a professional surveyor shall
be on the forms prescribed and furnished by the board, shall contain statements
made under oath, showing the applicant's education and detailed summary of the
applicant's qualifying experience. Applications for licensure or relicensure
as a professional engineer shall also contain not less than five (5)
references, of whom three (3) or more shall be engineers having personal
knowledge of the applicant's engineering experience. Application for
licensure or relicensure as a professional surveyor shall also contain not less
than five (5) references, of whom three (3) or more shall be professional
surveyors having personal knowledge of the applicant's surveying experience.
The application fee for
licensure as a professional engineer or professional surveyor shall be
determined by the board but shall not exceed * * * One
Hundred Fifty Dollars ($150.00), which fee shall accompany the application.
The application fee for
enrollment as an engineer intern or surveyor intern shall be determined
by the board but shall not exceed * * * Fifty
Dollars ($50.00), which fee shall accompany the application. Whenever an
applicant is cited to an examination or reexamination, an additional fee equal
to the actual cost of the examination shall be paid by the applicant.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 14. Section 73-13-27, Mississippi Code of 1972, is amended as follows:
73-13-27. Examinations
shall be required for enrollment as an engineer intern * * *, surveyor intern, licensure as
a professional engineer, or licensure as a professional surveyor. The
examinations shall be held at such time and place as the board may determine.
The scope of the engineering
examinations and the methods and procedure shall be prescribed by the board
with special reference to the applicant's ability to design and supervise
engineering works so as to * * * ensure the safety of life,
health and property.
The scope of the surveying examinations and the methods and procedure shall be prescribed by the board with special reference to the applicant's ability to exercise direct control and personal supervision of all surveying functions.
The board shall cite applicants to examinations in accordance with its rules and regulations.
SECTION 15. Section 73-13-29, Mississippi Code of 1972, is amended as follows:
73-13-29. The board shall
issue a * * * license and shall provide a certificate of licensure
upon payment of licensure fee as provided for in * * *
this chapter, to any applicant who, in the opinion of the board, has
satisfactorily met all the requirements of * * * this chapter. In the
case of a licensed engineer, the * * * license shall authorize the
"practice of engineering." In the case of an engineer intern, * * * a certificate of enrollment
shall be provided, and it shall state that the applicant has
successfully passed the examination in fundamental engineering subjects
required by the board and has been enrolled as an "engineer intern."
In the case of licensed professional surveyors, the license shall authorize
the "practice of surveying." In the case of a surveyor intern, the
certificate shall state that the applicant has successfully passed the
examination in fundamental surveying subjects required by the board and has
been enrolled as a "surveyor intern." Certificates shall show
the full name, shall have a * * * license or enrollment number,
and shall be signed by the president and the secretary of the board under seal
of the board.
The issuance of a * * * license by
this board shall be prima facie evidence that the person named therein is
entitled to all the rights and privileges of a * * * licensed professional
engineer or a licensed professional surveyor while the said * * * license remains unrevoked
or unexpired.
Before engaging in the
practice of the * * * engineering or surveying, each licensee hereunder
shall upon licensure obtain a seal of the design authorized by the board,
bearing the licensee's name and the legend, "Licensed Professional
Engineer" or "Licensed Professional Surveyor." Each person
licensed as a professional engineer, who is also licensed as a professional
surveyor, may also obtain a seal bearing the licensee's name and the legend
"Professional Engineer and Professional Surveyor."
Plans, specifications and
reports prepared by a * * * licensed engineer shall be stamped with the seal * * *, but it shall be unlawful for anyone to stamp or seal
any documents with the seal after the * * * license
is expired or revoked, or while the * * * license is suspended. It
shall be unlawful for anyone other than the licensee to whom the seal has been
issued to stamp or seal any document utilizing such seal.
Plats, maps and reports prepared by a licensed surveyor shall be stamped with the seal during the life of the licensee's license, but it shall be unlawful for anyone to stamp or seal any documents with the seal after the license of the licensee named thereon has expired or been revoked or suspended. It shall be unlawful for anyone other than the licensee to whom the seal has been issued to stamp or seal any documents utilizing such seal.
SECTION 16. Section 73-13-31, Mississippi Code of 1972, is amended as follows:
73-13-31. * * * Licenses shall expire on the last
day of the month of December following their issuance or at the end of their
renewal period and shall become invalid on that date unless renewed. It
shall be the duty of the board to notify every person licensed under this
chapter of the date of the expiration of * * * the license and the
amount of the fee that shall be required for its renewal for one (1) year or
two (2) years. Such notice shall occur at least one (1) month in advance of
the date of the expiration of said * * * license. Renewal may be
effected at any time during the month of December by the payment of a fee, as
determined by the board, not to exceed * * * One Hundred Dollars
($100.00) or * * * Two Hundred Dollars ($200.00) if
renewals are for two (2) years. A person who is licensed as a professional
engineer and as a professional surveyor may effect both renewals by the payment
of a fee not to exceed * * * One Hundred Fifty Dollars
($150.00), or * * * Three Hundred Dollars ($300.00)
if renewals are for two (2) years. The failure on the part of any licensee to
renew * * *
their license annually, or biennially, in the month of December as
required above, shall not deprive such person of the right of renewal, but the
fee to be paid for the renewal of a * * * license after the month of
December shall be increased ten percent (10%) for each month, or fraction of a
month that payment of renewal is delayed; provided, however, that the maximum
fee for delayed renewal shall not exceed five (5) times the normal renewal
fee. A state agency or any of the state's political subdivisions, such as a
county or municipality, may pay the renewal fee of any licensee who is a full-time
employee; provided, however, that any licensee who permits * * * their renewal fee to be paid
from any public funds shall not perform engineering or surveying services for a
fee or other emoluments for the public or for any other public entity.
If a * * * license has expired for six
(6) months or more, the licensee shall be required to submit a new application,
paying back fees and submitting proof of continuing professional competency
compliance. * * *
If a license has expired for five (5) years or more, in addition to
submitting a new application and proof of continuing professional competency
compliance, reexamination may be required.
SECTION 17. Section 73-13-33, Mississippi Code of 1972, is amended as follows:
73-13-33. All professional
engineers, licensed in accordance with the provisions of Chapter 56 of the Laws
of Mississippi of 1928, Extraordinary Session, and as amended under Senate Bill
No. 383, Chapter 131, Laws of 1940, and whose certificates of licensure are in
effect at the time of passage of * * *
this chapter, shall be entitled to all the rights and privileges of a
licensed professional engineer as provided for in those sections, while the
said certificate remains unrevoked or unexpired.
SECTION 18. Section 73-13-35, Mississippi Code of 1972, is amended as follows:
73-13-35. The board may,
upon application therefor and the payment of a fee in accordance with * * * this chapter,
issue a * * * license as a professional engineer or a
professional surveyor to any person who holds a * * * license
issued to * * *
them by proper authority of any state or territory or possession of the
United States, or of any country, provided that the applicant's qualifications
meet the requirements of * * * Sections 73‑13‑1 through 73‑13‑45 this
chapter and the rules established by the board. The issuance of a * * * license by
reciprocity to a military-trained applicant, military spouse or person who
establishes residence in this state shall be subject to the provisions of
Section 73-50-1 or 73-50-2, as applicable.
SECTION 19. Section 73-13-37, Mississippi Code of 1972, is amended as follows:
73-13-37. (1) The board,
upon satisfactory proof and in accordance with the provisions of this chapter
and the implementing regulations of the board pertaining thereto, is authorized
to take the disciplinary actions provided for hereinafter against any person or
firm practicing engineering or surveying, including * * * nonlicensees, for any of
the following reasons:
(a) Violating any of
the provisions of * * * this
chapter or the implementing bylaws, rules, regulations, or standards of
ethics or conduct duly adopted and promulgated by the board pertaining to the
practice of engineering or the practice of surveying;
(b) Fraud, deceit or
misrepresentation in obtaining a * * * license;
(c) Gross negligence, malpractice or incompetency;
(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics;
(e) Practicing or
offering to practice engineering or surveying on an expired * * * license or while under
suspension or revocation of * * * license unless said
suspension or revocation be abated through probation, as provided for
hereinafter; or
(f) Addiction to or dependence on alcohol or other habit-forming drugs or being an habitual user of alcohol, narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect.
(2) Any person may prefer
charges against any other person practicing engineering or surveying, including
nonlicensees, for committing any of the acts set forth in subsection (1). Such
charges shall be sworn to, either upon actual knowledge or upon information and
belief, and shall be filed with the board. * * *
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.
No disciplinary action taken
hereunder may be taken until the accused has been furnished both a statement of
the charges against * * * them and notice of the time and place of the hearing
thereof, which shall be personally served on or mailed by registered or
certified mail, return receipt requested, to the last-known business or
residence address of the accused not less than thirty (30) days prior to the
date fixed for the hearing.
Notice on a firm shall be had by notice on the principal or officer designated by the firm as having management or supervision of the engineering/surveying practice, or on the registered agent in the case of a corporation not domiciled in Mississippi.
(3) At any hearing held
hereunder, the board shall have the power to subpoena witnesses and compel
their attendance and may also require the production of * * * records and
data, as provided elsewhere in this chapter. The board is authorized to
designate or secure a hearing officer to conduct the hearing. All evidence
shall be presented under oath, which may be administered by any member of the
board, and thereafter the proceedings may, if necessary, be transcribed in full
by the court reporter and filed as part of the record in the case. Copies of
such transcriptions may be provided to any party to the proceedings at a cost
to be fixed by the board.
All witnesses who shall be subpoenaed and who shall appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs in the case.
Where in any proceeding
before the board any witness shall fail or refuse to attend upon subpoena
issued by the board, shall refuse to testify or shall refuse to produce any * * * records and data, the
production of which is called for by the subpoena, the attendance of such
witness and the giving of * * * his their testimony and the production of the * * * records and data shall
be enforced by any court of competent jurisdiction of this state in the manner
provided for the enforcement of attendance and testimony of witnesses in civil
cases in the courts of this state.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized to continue or recess the hearing as may be necessary.
(4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing, and shall forward to the last-known business or residence address of the accused, by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board
finds the accused guilty of the charges filed, the board may: (a) issue a
public or private reprimand; (b) require the guilty party to complete a course
or courses, approved by the board, in ethics or other appropriate subjects; (c)
suspend or revoke the * * * license of the accused, if the accused is a
licensee; and/or (d) in lieu of or in addition to such reprimand, course
completion, suspension or revocation, assess and levy upon the guilty party a
monetary penalty of not less than One Hundred Dollars ($100.00) nor more than
Five Thousand Dollars ($5,000.00) for each violation.
(5) A monetary penalty
assessed and levied under this section shall be paid to the board upon the
expiration of the period allowed for appeal of such penalties under this * * * chapter, or may be paid sooner
if the guilty party elects. Money collected by the board under this section
shall be deposited to the credit of the board's special fund in the State
Treasury.
When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the guilty party and if the guilty party be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
(6) When the board has
taken a disciplinary action under this * * * chapter, the board may, in its
discretion, stay such action and place the guilty party on probation for a
period not to exceed one (1) year upon the condition that the guilty party
shall not further violate either the laws of the State of Mississippi
pertaining to the practice of engineering or the practice of surveying
or the bylaws, rules and regulations, or standards of conduct and ethics
promulgated by the board.
(7) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against either the accused, the charging party, or both, as it may elect.
(8) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(9) The board, for
sufficient cause, may reissue a revoked * * * license or
authority whenever a majority of the board members vote to do so.
(10) Any person or firm
aggrieved by an action of the board denying or revoking * * * their license
or authority or relicensure as a professional engineer or professional
surveyor or * * * their enrollment as an engineer intern or
surveyor intern, or who is aggrieved by the action of the board as a result
of disciplinary proceedings conducted under this section may appeal therefrom
to the chancery court of either the county wherein the appellant resides or the
Chancery Court of the First Judicial District of Hinds County, at the election
of the appellant. If the appellant is a nonresident of this state, the appeal
shall be made to the Chancery Court of the First Judicial District of Hinds
County. Such appeal shall be perfected before the board by the filing with the
board of a notice of appeal to the chancery court. The court shall require a bond
in an amount not to exceed One Thousand Dollars ($1,000.00) conditioned to pay
all costs which may be adjudged against the appellant. The notice of appeal
shall be filed not later than thirty (30) days after the decision of the board
is forwarded to the guilty party, as provided hereinabove.
All appeals perfected hereunder shall not act as a supersedeas, and shall be made to the chancery court solely upon the record made before the board during the disciplinary hearing. When the appeal shall have been properly perfected as provided herein, the board shall cause the record of the proceedings conducted before it to be compiled, certified and filed with the chancery court. The briefing schedule shall be the same as for appeals to the Supreme Court. The chancery court shall be required to rule on the case within sixty (60) days of the close of briefing. All procedures and penalties provided for in this section shall apply to nonlicensees as well as licensees.
(11) In addition to the
reasons specified in subsection (1) of this section, the board shall be
authorized to suspend the * * * certificate of licensure license of any person for
being out of compliance with an order for support, as defined in Section 93-11-153.
The procedure for suspension of a * * * license for being out of
compliance with an order for support, and the procedure for the reissuance or
reinstatement of a * * * license suspended for that purpose, and the
payment of any fees for the reissuance or reinstatement of a * * * license suspended for that
purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may
be. Actions taken by the board in suspending a * * * license when required by
Section 93-11-157 or 93-11-163 are not actions from which an appeal may be
taken under this section. Any appeal of a suspension of a * * * license that is required by
Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal
procedure specified in Section 93-11-157 or 93-11-163, as the case may be,
rather than the procedure specified in this section. If there is any conflict
between any provision of Section 93-11-157 or 93-11-163 and any provision of
this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may
be, shall control.
(12) Any board member whose
objectivity in a disciplinary proceeding is impaired shall either recuse * * * themselves from sitting as a
member of the board in a formal disciplinary hearing in that proceeding or be
disqualified therefrom. In the event a disciplinary proceeding is brought
against a member or former member of the board, no member of the board who has
served concurrently with the respondent in the disciplinary proceeding shall
sit as a member of the board in a formal disciplinary hearing in that
proceeding. If, after recusal or disqualification of board members as provided
herein, there does not remain a quorum of the board to sit for a disciplinary
hearing, the board shall have the power to select, in accordance with duly
promulgated regulations of the board, substitute panel members from slates of
candidates established by the Mississippi Engineering Society and the
Mississippi Association of Professional Surveyors to the extent necessary to achieve
the number of panel members equivalent to a quorum of the board. Substitute
panel members must meet the qualifications of board members as provided in * * * this chapter
and shall receive compensation as provided for board members in * * * this chapter.
SECTION 20. Section 73-13-39, Mississippi Code of 1972, is amended as follows:
73-13-39. Any person or
firm who shall practice, or offer to practice, engineering or surveying
in this state without being licensed in accordance with the provisions of * * *
this chapter, or any person presenting or attempting to use as * * * their own the * * * license or
seal of another, or any person who shall give any false or forged evidence of
any kind to the board or to any member thereof in obtaining a * * * license, or
any person who shall falsely impersonate any other licensee of like or
different name, or any person or firm who shall attempt to use an expired or
revoked * * * license, or any person or firm who shall violate
any of the provisions of * * * Sections 73‑13‑1 through 73‑13‑45 this
chapter, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced
to pay a fine of not less than One Hundred Dollars ($100.00), nor more than
Five Thousand Dollars ($5,000.00) in addition to reimbursement of investigative
expenses and court costs, or suffer imprisonment for a period not exceeding
three (3) months, or both. The criminal penalties provided for in this section
may be assessed in addition to those civil penalties provided for in * * * this chapter.
Unless licensed in
accordance with the provisions of * * *
this chapter, no person shall:
(a) Directly or indirectly employ, use, cause to be used or make use of any of the following terms or any combinations, variations or abbreviations thereof as a professional, business or commercial identification, title, name, representation, claim, asset or means of advantage or benefit: "engineer," "professional engineer," "licensed engineer," "registered engineer," "registered professional engineer," "licensed professional engineer," "engineered," "engineering," "surveyor," "professional surveyor," "licensed surveyor," "registered surveyor," "registered professional surveyor," "licensed professional surveyor," "surveyed," "surveying," "professional land surveyor" or "licensed professional land surveyor"; or
(b) Directly or indirectly employ, use, cause to be used or make use of any letter, abbreviation, word, symbol, slogan, sign or any combinations or variations thereof which in any manner whatsoever tends or is likely to create any impression with the public or any member thereof that any person is qualified or authorized to practice engineering or to practice surveying; or
(c) Receive any fee or compensation or the promise of any fee or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of engineering or the practice of surveying.
Any person, firm,
partnership, association or corporation which shall do, offer or attempt to do
any one or more of the acts or things set forth in * * * paragraphs (a) through (c) of the
preceding paragraph shall be conclusively presumed and regarded as engaged in
the practice of engineering or the practice of surveying.
It shall be the duty of all
duly constituted officers of the law of this state, or any political
subdivision thereof, to enforce the provisions of * * *
this chapter and to prosecute any persons violating same. Except as
otherwise authorized in Section 7-5-39, the Attorney General of the state or * * * their assistant shall act as legal
advisor of the board in carrying out the provisions of * * *
this chapter.
SECTION 21. Section 73-13-41, Mississippi Code of 1972, is amended as follows:
73-13-41. * * *
Any person
who may feel aggrieved by an action of the board denying or revoking their
license or relicensure as a professional engineer, professional surveyor,
enrollment as a professional engineer or enrollment as surveyor intern may
appeal therefrom to the chancery court of the county of residence of such
person and, after full hearing, the court shall make such order sustaining or
reversing the action of the board as it may seem just and proper. However, in
case of a nonresident licensee or applicant, such appeal shall be taken or made
to the Chancery Court of the First Judicial District of Hinds County,
Mississippi.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a license that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 22. Section 73-13-43, Mississippi Code of 1972, is amended as follows:
73-13-43. * * * No corporation, firm
or partnership may engage in the practice of professional engineering or the
practice of professional surveying in this state unless it has been issued
a certificate of authority by the board.
In order to qualify for * * * an engineering certificate of authority,
a corporation, firm or partnership must have at least one (1) Mississippi-licensed
professional engineer as a principal officer, partner or designated principal
engineer of the firm who has management responsibility for such practice and
who makes significant technical and/or contractual judgments on behalf of the
firm which would affect the firm's professional reputation and liability.
In order to qualify for a surveying certificate of authority, a corporation, firm or partnership must have at least one (1) Mississippi-licensed professional surveyor as a principal officer or partner of the firm who has management responsibility for such practice.
A sole proprietorship, owned and operated by a licensee under this chapter shall not be required to obtain a certificate of authority. A professional association of licensed professional engineers or licensed professional surveyors shall not be required to obtain a certificate of authority. Both the licensed sole proprietor and the licensees within a professional association shall maintain their individual licenses in active status and only offer the professional service for which they are licensed and qualified to provide.
The board shall have the authority to promulgate rules and regulations setting procedures, standards and other requirements for issuing and maintaining a certificate of authority for corporations, firms or partnerships practicing engineering or surveying in the State of Mississippi.
Applications for a
certificate of authority shall be on the forms prescribed and furnished by the
board, and provide all the information required by said board. The board shall
establish a fee for the certificate of authority application, not to exceed * * * Three
Hundred Fifty Dollars ($350.00) for a one-year certificate or * * * Seven
Hundred Dollars ($700.00) for a two-year certificate. Any corporation,
firm or partnership having the necessary qualifications as prescribed herein
and the rules and regulations of the board shall be issued a certificate of
authority for said corporation, firm or partnership to practice engineering or
surveying and to contract and collect fees for furnishing this service.
Each certificate of * * * authority will expire on
December 31 of the end of the renewal period year. It shall be the duty of the
board to notify every corporation, firm or partnership holding a certificate of
authority under * * * this
chapter of the date of the expiration of the certificate and the amount of
the fee that shall be required for its renewal for one (1) year or two (2)
years. The renewal fee shall not exceed * * * Three
Hundred Fifty Dollars ($350.00) for one (1) year or * * * Seven
Hundred Dollars ($700.00) for two (2) years; penalties for late renewal
shall be ten percent (10%) per month that payment is delayed. Additionally, if
any of the information on the initial or any subsequent renewal application
changes for the corporation, firm or partnership, said corporation, firm or
partnership shall notify the board in the form and manner prescribed by the
board within thirty (30) days of the change.
* * * The Secretary of
State shall not issue a certificate of incorporation, licensure or
authorization to an applicant or licensure as a foreign firm to a corporation,
firm or partnership which includes in its name, or among the objectives for
which it is established, any of the words, "engineer,"
"engineering," "surveyor," "surveying," or
any modification or derivation thereof, unless the board has issued for said
applicant a certificate of authority or a letter indicating the eligibility of
such applicant to receive such a certificate. The corporation, firm or
partnership applying shall supply such certificate or letter from the board
with its application for incorporation, licensure or authorization to the
Secretary of State.
An engineer or surveyor who renders occasional, part-time or consulting engineering services to or for a corporation, firm or partnership may not, for the purposes of this section, be designated as being responsible for the professional activities of the firm.
No such corporation, firm or
partnership shall be relieved of responsibility for the conduct or acts of its
agents, employees, officers, partners, members or managers by reason of its
compliance with the provisions of this section. No individual practicing engineering
or practicing surveying under this chapter shall be relieved of
responsibility for engineering services or surveying services performed
by reason of employment or other relationship with a firm holding * * * a certificate
of authority.
SECTION 23. Section 73-13-45, Mississippi Code of 1972, is amended as follows:
73-13-45. (1) (a) Neither the state, nor any of its political subdivisions, such as a county, city or town, shall award construction contracts of any public work involving the practice of engineering or architecture unless the plans, specifications and estimates have been prepared and such work supervised by a registered professional engineer or architect; however, nothing in this subsection shall be held to apply to such public work in which the expenditure does not exceed One Hundred Thousand Dollars ($100,000.00).
(b) The state and any of its political subdivisions, such as a county, city or town, may engage in construction of public buildings involving the practice of engineering or architecture and using political subdivision workforces without the supervision of a licensed professional engineer or architect, provided that the total cost of the public building does not exceed One Hundred Fifty Thousand Dollars ($150,000.00). This paragraph (1)(b) shall not supersede any rules and regulations promulgated by the State Department of Health and the Department of Environmental Quality.
(2) (a) In the awarding of public contracts for professional engineering services, preference shall be given to resident professional engineers over those nonresident professional engineers domiciled in a state having laws which grant a preference to the professional engineers who are residents of that state. Nonresident professional engineers shall be awarded Mississippi public contracts only on the same basis as the nonresident professional's state awards contracts to Mississippi professional engineers under similar circumstances. When a nonresident professional engineer submits a proposal for a public project, he shall attach thereto a copy of his resident state's current statute, resolution, policy, procedure or executive order pertaining to such state's treatment of nonresident professional engineers. Resident professional engineers actually domiciled in Mississippi, be they corporate, individuals or partnerships, shall be granted preference over nonresidents in the awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident. As used in this section, the term "resident professional engineer" includes a nonresident person, firm or corporation that has been qualified to do business in this state and has maintained a permanent full-time office in the State of Mississippi for not less than two (2) years prior to submitting a proposal for a public project, and the subsidiaries and affiliates of such a person, firm or corporation.
(b) The provisions of this subsection shall not apply to any contract for any project upon which federal funds would be withheld because of the preference requirements of this subsection.
(c) Any contract, agreement or arrangement for professional engineering services negotiated, made or entered into, directly or indirectly, by the state, counties, municipalities or any political subdivision thereof, or by any special districts, which is in any way in violation of the provisions of this subsection is hereby declared to be void as contrary to the public policy of this state and shall not be given effect or enforced by any court of this state or by any of its officers or employees.
(d) Nothing in this subsection shall affect the validity of any contract in existence prior to July 1, 1989.
(e) For purposes of
this section, the term "professional engineering services" means
those within the scope of the practice of professional engineering as defined
by * * * this chapter, or those performed
by any registered professional engineer in connection with professional
employment or practice.
SECTION 24. The following shall be codified as Section 73-13-47, Mississippi Code of 1972:
73-13-47. (1) For the purposes of this section, the term "surveyor" means a licensed professional surveyor as defined in this chapter, and any person who is employed by or under the direct supervision of a professional surveyor licensed under this chapter.
(2) A surveyor may enter in or upon public or private lands or waters, except buildings, while in the lawful performance of surveying duties without criminal liability for trespass; however, a surveyor shall make a good faith attempt to announce and identify themselves and their intentions before entering upon private property and must present documentation sufficient to identify themself as a surveyor to anyone requesting such identification.
(3) The provisions of this section do not relieve a surveyor from any civil liability that otherwise is actionable at law or in equity, and do not relieve a surveyor from criminal liability for trespass if the entry in or upon the property extends beyond the property or area that is necessary to actually perform the surveying duties.
(4) Surveyors shall be personally liable for any damage caused to private property when exercising entry under this section. No cause of action shall lie against a landowner for damages to a surveyor while on such lands unless the damage is cause by the intentional tortious conduct of landowner or their agent.
SECTION 25. The following shall be codified as Section 73-13-49, Mississippi Code of 1972:
73-13-49. (1) This chapter shall not be construed to prevent or to affect:
(a) The practice of any other legally recognized profession or trade, such as: (i) engineers employed by contractors to supervise work on which a licensed engineer is engaged; (ii) architects who are registered under the provisions of Title 73, Chapter 1; and (iii) the practice of geology as regulated pursuant to Title 73, Chapter 63;
(b) The work of an employee or a subordinate of a person holding a license under this chapter, provided such work does not include final designs or decisions and is done under the responsibility, checking and supervision of a person holding a license under this chapter;
(c) The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering or surveying for said government;
(d) The performance of engineering services by any regular full-time employee of a manufacturing, research and development, railroad or other industrial corporation, provided:
(i) Such services are rendered on or in connection with existing fixed works, equipment, systems, processes or facilities owned, operated, or leased by such corporation and/or its affiliates;
(ii) Such services are not rendered to third parties;
(iii) Such services do not consist of original plant design, original system design, or original process design, other than routine system extensions that do not compromise the integrity of the original design;
(iv) Such services comply with all requirements specified by the employee's company or corporation;
(v) All fixed works, equipment, systems, processes or facilities modified by such services undergo a safety review that confirms; 1. the construction and equipment is in accordance with design specifications; and 2. safety, operating, maintenance and emergency procedures are in place to safeguard life, health and property;
(vi) Such services are not required to be performed, approved, or certified by a professional engineer pursuant to law or regulation, whether federal, state, or local, other than as defined in this chapter hereof or any applicable rules or regulations promulgated by the Mississippi Board of Licensure for Professional Engineers and Surveyors.
It is further stated that this paragraph (d) is intended to codify the policy and practices of the board at the time of enactment of this Senate Bill No. 2380, 1999 Regular Session, and that any ambiguities in this subsection should be construed in accordance with this intent;
(e) The performance of engineering or surveying services with respect to utility facilities by any public utility subject to regulation by the Mississippi Public Service Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, or the Nuclear Regulatory Commission, including its parents, affiliates, subsidiaries, provided that they are engaged solely and exclusively in performing service for such public utility and/or its parents, affiliates or subsidiaries, and as long as such services comply with all standard operating procedures and requirements specified by the employee's company or corporation. This exemption shall not extend to: (i) the practice of engineering or surveying performed by public utilities or their officers or employees when such services are rendered to nonaffiliated third parties in exchange for compensation other than that received from their employer, or the use of any name, title or words which tend to convey the impression that a nonlicensee is offering engineering or surveying services to the public; and (ii) services which are required to be performed, approved or certified by a professional engineer or professional surveyor pursuant to law or regulation whether federal, state or local, other than this chapter hereof or any applicable rules or regulations promulgated by the Mississippi Board of Licensure for Professional Engineers and Surveyors.
It is further stated that this paragraph (e) is intended to codify the policy and practices of the board at the time of enactment of Senate Bill No. 2380, 1999 Regular Session, and that any ambiguities in this subsection should be construed in accordance with this intent;
(f) The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery, equipment, water plants, power generation, utility transmission, utility distribution facilities, sewage plants and solid waste disposal facilities;
(g) Activities conducted during the course of, or in anticipation of, litigation including, but not exclusively: analyzing, evaluating, consulting, reconstructing, testing, responding to the opinions and testing conducted by others, and offering expert testimony. However, this exemption shall not apply in legal proceedings where the subject matter of the litigation or claim is nonforensic engineering activity legally required to be performed under a Mississippi engineer's license;
(h) Certain elected or appointed county surveyors. A county surveyor as provided for in Section 135 of the Mississippi Constitution, and Sections 19-27-1 through 19-27-35 implementing the constitutional provision, who holds the office of county surveyor by either election or appointment, shall be exempt from the provisions of this chapter provided they held the office of county surveyor by either election or appointment on or before December 31, 1983;
(i) The work of a regular employee of a railroad, rendering to the railroad surveying services in connection with its facilities within the exclusive scope of their employment provided that:
(i) Any new right-of-way acquisitions for construction of rail lines by class-one railroads shall be surveyed and platted in compliance with the Mississippi Standards of Practice for Surveying by a Mississippi professional surveyor; and
(ii) Upon the removal of track and disposition of an abandoned rail line, the railroad shall retain and make available upon reasonable request from Mississippi licensed surveyors the railroad's valuation surveys for any such abandoned rail line;
(j) The practice of geologists performing geologic mapping insofar as such practice does not encompass tasks or projects included by statute in the scope of work comprising the practice of professional surveying as defined in this chapter; or
(k) Any municipality or county from creating maps for use in planning, zoning, taxing, elections, police or fire, E-911, public works, transportation or related activities. However, if any such document does not bear the seal and signature of a professional surveyor, the document shall not be considered to be certifiably accurate as to position or location, nor shall the document be considered to be an official survey.
(2) In addition to the exemptions provided in subsection (1), there is hereby granted and reserved to the board the authority to exempt from this chapter by regulations specific engineering or surveying tasks or functions performed by regular full-time employees of manufacturing, public utility, research and development, railroad or other industrial corporations rendered in the course and scope of their employment, on a case by case basis, if, in the opinion of the board, the public health and welfare is not endangered nor the engineering or surveying professions diminished.
SECTION 26. Sections 73-13-71, 73-13-73, 73-13-75, 73-13-77, 73-13-79, 73-13-81, 73-13-83, 73-13-85, 73-13-87, 73-13-89, 73-13-93, 73-13-95, 73-13-97, 73-13-103 and 73-13-105, Mississippi Code of 1972, which provide for the licensure of land surveyors, are repealed.
SECTION 27. Section 19-27-1, Mississippi Code of 1972, is amended as follows:
19-27-1. There shall be elected for each county a surveyor who shall take and subscribe the oath of office prescribed by the Constitution and give bond, with sufficient surety, to be payable, conditioned and approved as provided by law and in the same manner as other county officials, in a penalty not less than Fifty Thousand Dollars ($50,000.00).
From and after January 1,
1984, such surveyor shall be a registered land surveyor as provided for in
Sections * * * 73-13-1 through 73-13-49.
However, this requirement shall not apply to any person who was holding the
office of county surveyor by either election or appointment on December 31,
1983.
SECTION 28. Section 73-63-5, Mississippi Code of 1972, is amended as follows:
73-63-5. The following words shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:
(a) "Board" means the board of registered professional geologists created under this chapter.
(b) "Certified geologist" means a geologist who has been certified by a professional geologic organization, society or association, including, but not limited to, the American Association of Petroleum Geologists and the American Institute of Professional Geologists, which has certification requirements recognized by the board.
(c) "Fund" means the registered professional geologists fund created under Section 73-63-21.
(d) "Geologist" means an individual who, by reason of knowledge of geology, mathematics and the supporting physical and life sciences acquired by education and practical experience, is qualified to engage in the practice of geology.
(e) "Geologist-in-training" means an individual who has met the academic qualifications established by the board, who has successfully passed a written examination demonstrating a knowledge of the fundamentals of geology, and who has been enrolled as a geologist-in-training by the board.
(f) "Geology" means the science which includes the study of the earth and its origin and history. Geology includes the investigation of the earth's constituent rocks, minerals, solids and fluids, including surface and underground waters, gases and other materials and the study of the natural agents, forces and processes which cause changes in the earth.
(g) "Person" means any individual, trust, firm, joint stock company, public or private corporation (including a government corporation), partnership, association, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee thereof.
(h) "Practice of
geology" means any professional service to determine and evaluate the
geology of the earth requiring geologic education, training, experience and the
application of special knowledge of the mathematical, physical and geologic
sciences to those services, including, but not limited to, consultation,
investigation, evaluation, planning, surveying (unless licensed under Sections * * *
73-13-1 through 73-13-49), mapping and inspection of geologic work.
(i) "Registered professional geologist" means a geologist who has met the academic and experience qualifications established by the board and has been issued a certificate of registration as a registered professional geologist by the board.
(j) "Registrant" means any individual who holds a certificate of registration or certificate of enrollment issued under this chapter.
(k) "Responsible charge" means the independent control and direction, by use of initiative, skill and independent judgment, of geologic work or the supervision of that work.
(l) "Subordinate" means any individual who assists in the practice of geology by a registered professional geologist without assuming the responsible charge of the work.
(m) "Specialty" means any branch or discipline of geology that may be recognized under this chapter or regulations promulgated by the board for certifying specialization in a specific geologic field of study or related scientific field of study, or both.
(n) "Welfare" means physical and financial welfare.
SECTION 29. Section 85-7-401, Mississippi Code of 1972, is amended as follows:
85-7-401. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Business day" means any day that is not a Saturday, Sunday, or legal holiday.
(b) "Contractor" means a contractor having privity of contract with the owner or lessee of the real estate.
(c) "Lien action" means a civil action against the owner of improved property to perfect and make permanent the lien created by Section 85-7-403.
(d) "Payment action" means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.
(e) "Professional
surveyor" has the meaning given in Section * * * 73-13-3.
(f) "Materials" means materials, tools, appliances, machinery, or equipment used in making improvements to the real estate.
(g) "Materialmen" or "materialman" means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials to a contractor or to a subcontractor in privity with the contractor.
(h) "Professional engineer" has the meaning given in Section 73-13-3.
(i) "Residential property" means single-family and two-family, three-family, and four-family residential real estate.
(j) "Statutory overnight delivery" means delivery of a document through the United States Postal Service or through a commercial firm that is regularly engaged in the business of document delivery or document and package delivery in which the sender:
(i) Has directed that delivery be not later than the next business day following the day on which the document is received for delivery by the United States Postal Service or the commercial firm; and
(ii) Receives a receipt acknowledging receipt of the document signed by addressee or an agent of the addressee.
(k) "Subcontractor" means subcontractors having privity of contract with the contractor; "subcontractor" also means subcontractors having privity of contract with a subcontractor having privity of contract with the contractor.
(l) "Registered architect" has the meaning given in Section 73-1-3.
(m) "Design professional" includes professional surveyors, professional engineers and registered architects.
SECTION 30. Section 97-17-85, Mississippi Code of 1972, is amended as follows:
97-17-85. Except as
otherwise provided in Sections * * * 73-13-47 and 49-7-79,
if any person shall go upon the enclosed land of another without his consent,
after having been notified by such person or his agent not to do so, either
personally or by published or posted notice, or shall remain on such land after
a request by such person or his agent to depart, he shall, upon conviction, be
fined not more than Fifty Dollars ($50.00) for such offense. The provisions of
this section shall apply to land not enclosed where the stock law is in force.
SECTION 31. Section 97-17-93, Mississippi Code of 1972, is amended as follows:
97-17-93. (1) Any person
who knowingly enters the lands of another without the permission of or without
being accompanied by the landowner or the lessee of the land, or the agent of
such landowner or lessee, shall be guilty of a misdemeanor and, upon
conviction, shall be punished for the first offense by a fine of Two Hundred
Fifty Dollars ($250.00). Upon conviction of any person for a second or
subsequent offense, the offenses being committed within five (5) years of the
last offense, such person shall be punished by a fine of Five Hundred Dollars
($500.00), and may be imprisoned in the county jail for a period of not less
than ten (10) nor more than thirty (30) days, or by both such fine and
imprisonment. This section shall not apply to the landowner's or lessee's
family, guests, or agents, to a surveyor as provided in Section * * * 73-13-47, or to
persons entering upon such lands for lawful business purposes.
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.
(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.
(3) The provisions of this section are supplementary to the provisions of any other statute of this state.
(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.
SECTION 32. Section 97-17-97, Mississippi Code of 1972, is amended as follows:
97-17-97. (1) Except as
otherwise provided in Section * * * 73-13-47, if any
person or persons shall without authority of law go into or upon or remain in
or upon any building, premises or land of another, including the premises of
any public housing authority after having been banned from returning to the
premises of the housing authority, whether an individual, a corporation,
partnership, or association, or any part, portion or area thereof, after having
been forbidden to do so, either orally or in writing including any sign
hereinafter mentioned, by any owner, or lessee, or custodian, or other
authorized person, or by the administrators of a public housing authority
regardless of whether or not having been invited onto the premises of the
housing authority by a tenant, or after having been forbidden to do so by such
sign or signs posted on, or in such building, premises or land, or part, or
portion, or area thereof, at a place or places where such sign or signs may be
reasonably seen, such person or persons shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not more than
Five Hundred Dollars ($500.00) or by confinement in the county jail not
exceeding six (6) months, or by both such fine and imprisonment.
(2) The provisions of this section are supplementary to the provisions of any other statute of this state.
SECTION 33. This act shall take effect and be in force from and after July 1, 2025.
