Licensure of land surveyors; merge into licensure of engineers.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yancey

HOUSE BILL NO. 1150
(As Sent to Governor)

AN ACT TO AMEND SECTIONS 73-13-1, 73-13-3, 73-13-5, 73-13-7, 1
73-13-9, 73-13-11, 73-13-13, 73-13-15, 73-13-17, 73-13-19, 2
73-13-21, 73-13-23, 73-13-25, 73-13-27, 73-13-29, 73-13-31, 3
73-13-33, 73-13-35, 73-13-37, 73-13-39, 73-13-41, 73-13-43 AND 4
73-13-45, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSURE 5
PROVISIONS FOR ENGINEERS TO INCLUDE LICENSURE FOR LAND SURVEYORS; 6
TO INCLUDE DEFINITIONS RELATED TO SURVEYING; TO PROVIDE THE 7
MEMBERS OF THE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND 8
SURVEYORS; TO REVISE THE QUALIFICATIONS OF THE BOARD MEMBERS; TO 9
PROVIDE THAT MEMBERS OF THE BOARD SHALL HOLD FOUR QUARTERLY 10
MEETINGS EACH YEAR, AND FAILURE TO ATTEND TWO CONSECUTIVE 11
QUARTERLY MEETINGS MAY RESULT IN REMOVAL FROM THE BOARD; TO 12
INCREASE THE APPLICATION FEES, THE RENEWAL FEES AND CERTIFICATE OF 13
AUTHORITY FEES FOR LICENSURE AS A PROFESSIONAL ENGINEER OR 14
PROFESSIONAL SURVEYOR; TO PROVIDE THAT A SOLE PROPRIETORSHIP, 15
OWNED AND OPERATED BY A LICENSEE, AND A PROFESSIONAL ASSOCIATION 16
OF LICENSED PROFESSIONAL ENGINEERS OR LICENSED PROFESSIONAL 17
SURVEYORS SHALL NOT BE REQUIRED TO OBTAIN A CERTIFICATE OF 18
AUTHORITY; TO CREATE NEW SECTION 73-13-47, MISSISSIPPI CODE OF 19
1972, TO PROVIDE THAT A SURVEYOR MAY ENTER IN OR UPON CERTAIN 20
LANDS WITHOUT CRIMINAL LIABILITY FOR TRESPASS; TO PROVIDE LIMITED 21
CIVIL LIABILITY FOR THE SURVEYOR; TO CREATE NEW SECTION 73-13-49, 22
MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPLICABILITY OF THE 23
SECTIONS RELATED TO LICENSURE OF PROFESSIONAL ENGINEERS AND 24
PROFESSIONAL SURVEYORS AND THAT CERTAIN ACTIVITIES SHALL NOT BE 25
PREVENTED OR AFFECTED AS A RESULT OF THOSE SECTIONS; TO REPEAL 26
SECTIONS 73-13-71 THROUGH 73-13-105, MISSISSIPPI CODE OF 1972, 27
WHICH PROVIDE FOR THE LICENSURE OF LAND SURVEYORS; TO AMEND 28
SECTIONS 19-27-1, 73-63-5, 85-7-401, 97-17-85, 97-17-93 AND 29
97-17-97, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS 30
OF THIS ACT; AND FOR RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. Section 73-13-1, Mississippi Code of 1972, is 33
amended as follows: 34
73-13-1. In order to safeguard life, health, and property, 35
and to promote the public welfare, any person or firm in either 36
public or private capacity practicing or offering to practice 37
engineering or surveying shall hereafter be required to submit 38
evidence that the person or firm is qualified * * * to practice 39
engineering or surveying and shall be licensed as hereinafter 40
provided; and it shall be unlawful for any person or firm to 41
practice or to offer to practice in this state, engineering or 42
surveying, as defined in the provisions of * * * this chapter, or 43
to use in connection with his or her name or otherwise assume, 44
use, or advertise any title or description tending to convey the 45
impression that he or she is a professional engineer or 46
professional surveyor, unless such person has been duly licensed 47
under the provisions of * * * this chapter. There is specifically 48
reserved to engineering graduates of all universities and colleges 49
accredited by a regional accrediting body that is recognized by 50
the United States Department of Education, the right to disclose 51
any college degrees received by such individuals and use the words 52
"graduate engineer" on * * * their stationery, business cards and 53
personal communications of any character. 54
SECTION 2. Section 73-13-3, Mississippi Code of 1972, is 55
amended as follows: 56
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73-13-3. (1) The term "engineer" as used in * * * this 57
chapter shall mean a professional engineer as hereinafter defined. 58
(2) The term "professional engineer" within the meaning and 59
intent of * * * this chapter shall mean a person who has met the 60
qualifications as required under * * * this chapter and who has 61
been issued a * * * license as a professional engineer. 62
(3) The term "engineer intern" as used in * * * this chapter 63
shall mean a candidate for licensure as a professional engineer 64
who has met the qualifications as required under * * * this 65
chapter and who has been * * * enrolled as an engineer intern. 66
(4) The term "practice of engineering" within the meaning 67
and intent of * * * this chapter shall mean any service or 68
creative work the adequate performance of which requires 69
engineering education, training, and experience in the application 70
of special knowledge of the mathematical, physical, and 71
engineering sciences to such services or creative work as 72
consultation, investigation, expert technical testimony 73
evaluation, planning, design, and design coordination of 74
engineering works and systems, planning the use of land, air and 75
water, performing engineering surveys and studies, and the review 76
of construction for the purpose of monitoring compliance with 77
drawings and specifications; any of which embraces such 78
engineering services or work, either public or private, in 79
connection with any utilities, water resources, structures, 80
buildings, machines, equipment, processes, work systems, projects, 81
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communication systems, transportation systems, industrial or 82
consumer products or equipment of control systems; or engineering 83
services or work of a communications, mechanical, electrical, 84
hydraulic, pneumatic, chemical, geotechnical (including geology 85
and geohydrology incidental to the practice of engineering), 86
geological, environmental, or thermal nature, insofar as they 87
involve safeguarding life, health or property, and including such 88
other professional services as may be necessary to the planning, 89
progress and completion of any engineering services. 90
Design coordination includes the review and coordination of 91
those technical submissions prepared by others, including as 92
appropriate and without limitation, consulting engineers, 93
surveyors, architects, landscape architects and other 94
professionals working under direction of the engineer. 95
Engineering surveys include all survey activities required to 96
support the sound conception, planning, design, construction, 97
maintenance and operation of engineered projects but exclude the 98
practice of surveying as defined in this chapter. 99
(5) The term "surveyor" or "professional surveyor", within 100
the meaning and intent of this chapter, shall mean a person who 101
has met the qualifications as required under this chapter and who 102
has been issued a license as a professional surveyor. 103
(6) The term "surveyor intern", as used in this chapter, 104
shall mean a candidate for licensure as required under this 105
chapter and who has been enrolled as a surveyor intern. 106
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(7) The "practice of surveying", within the meaning and 107
intent of this chapter, shall mean providing, or offering to 108
provide, professional services such as consultation, 109
investigation, testimony evaluation, expert technical testimony, 110
planning, mapping, assembling and interpreting reliable scientific 111
measurements and information relative to the location, size, shape 112
or physical features of the earth, improvements on the earth, the 113
space above the earth, or any part of the earth, utilization and 114
development of these facts and interpretation into an orderly 115
survey map, plan or report and in particular, the retracement of 116
or the creating of land boundaries and descriptions of real 117
property. The practice of surveying includes, but is not limited 118
to, the following: 119
(a) Locating, relocating, establishing, reestablishing, 120
laying out or retracing any property boundary or easement; 121
(b) Making a survey for the subdivision of any tract of 122
land, including rights -of-way and easements; 123
(c) Determining, by the use of principles of surveying, 124
the position for any survey monument or reference point; or 125
setting, resetting or replacing any such monument or reference 126
point, commonly known as control surveys; and/or 127
(d) Creating, preparing or modifying electronic 128
computerized data, including land information systems and 129
geographic systems, relative to the performance of the activities 130
in paragraphs (a) through (c) of this subsection (7). 131
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(8) The term "responsible charge" as used in this chapter 132
shall mean direct control and personal supervision of engineering 133
or surveying work, as the case may be. A licensee is in 134
responsible charge of engineering or surveying work if a licensee: 135
(a) Has and exercises the authority to review and to 136
change, reject or approve both the work in progress and the final 137
work product, through examination, evaluation, communication and 138
direction throughout the development of the work; 139
(b) Is personally aware of the project's scope, needs, 140
parameters, limitations and special requirements; 141
(c) Is capable of answering questions relevant to the 142
engineering or surveying decisions made as part of the services 143
provided, in sufficient detail to demonstrate reasonable knowledge 144
of and proficiency in the work; and 145
(d) Accepts full responsibility for the work. 146
(9) The term "firm," as used in * * * this chapter, shall 147
mean a business entity that offers * * * professional engineering 148
or surveying services to the public of its licensed personnel who 149
are either employees, officers, directors, partners, members or 150
managers. A business entity may be formed as either: 151
(a) A professional service corporation; 152
(b) A corporation; 153
(c) A partnership, including limited partnerships and 154
limited liability partnerships; or 155
(d) A limited liability company. 156
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* * * 157
(10) The term "board" as used in * * * this chapter shall 158
mean the Board of Licensure for Professional Engineers and 159
Surveyors provided for by * * * this chapter. 160
SECTION 3. Section 73-13-5, Mississippi Code of 1972, is 161
amended as follows: 162
73-13-5. A Board of Licensure for Professional Engineers and 163
Surveyors is * * * created whose duty it shall be to administer 164
the provisions of * * * this chapter. The board shall consist of 165
six (6) licensed professional engineers * * * and three (3) 166
licensed professional surveyors who are not licensed professional 167
engineers, * * * all of whom shall have the qualifications 168
required by * * * this chapter. The members of the board shall be 169
appointed * * * by the Governor from lists of nominees as 170
described below. State surveying societies, councils or 171
associations that are affiliated with national surveying 172
organizations shall provide surveyor nominees to the Governor for 173
consideration no less than ninety (90) days before the expiration 174
of a surveyor board member's term. State engineering societies or 175
councils that are affiliated with national organizations shall 176
provide engineer nominees to the Governor for consideration no 177
less than ninety (90) days before the expiration of an engineer 178
board member's term. The board so appointed shall have two (2) 179
engineer members and one (1) surveyor member from each of the 180
three (3) state Supreme Court districts, designated by 181
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district, * * * and shall serve for four (4) years, or until their 182
successors are duly appointed and qualified. 183
The members recommended by * * * state surveying societies, 184
councils or associations that are affiliated with national 185
surveying organizations, for surveyor nominees, and by state 186
engineering societies or councils that are affiliated with 187
national organizations, for engineer nominees, shall be appointed 188
from each of the three (3) state Supreme Court districts and serve 189
for four (4) years, or until their successors are duly appointed 190
and qualified. Each member of the board shall receive a * * * 191
commission from the Governor, and before beginning his or her term 192
of office he or she shall file with the Secretary of State the 193
constitutional oath of office. On the expiration of the term of 194
any member, the Governor shall in the manner herein provided 195
appoint for a term of four (4) years a licensed professional 196
engineer or a licensed professional surveyor having the 197
qualifications required by * * * this chapter to take the place of 198
the member of the board whose term is about to expire. Each 199
member shall hold office until the expiration of the term for 200
which such member is appointed or until a successor shall have 201
been duly appointed and shall have qualified. 202
The initial members of the reconstituted board shall serve 203
terms of office as follows: 204
(a) The term of the engineer member presently serving 205
at large, which term was set to expire on April 8, 2004, shall 206
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expire on July 1, 2004; and from and after July 1, 2004, this 207
appointment shall be designated as Post 1. 208
(b) The term of the engineer member presently serving 209
at large, which term was set to expire on April 8, 2004, shall 210
expire on July 1, 2005; and from and after July 1, 2004, this 211
appointment shall be designated as Post 2. 212
(c) An appointment of an engineer member serving at 213
large shall be made on July 1, 2004, and shall expire on July 1, 214
2006; and from and after July 1, 2004, this appointment shall be 215
designated as Post 3. 216
(d) The term of the engineer member presently serving 217
from the First Supreme Court District, which term was set to 218
expire on April 8, 2006, shall expire on July 1, 2007; and from 219
and after July 1, 2004, this appointment shall be designated as 220
Post 4. 221
(e) The term of the engineer member presently serving 222
from the Second Supreme Court District, which term was set to 223
expire on April 8, 2006, shall expire on July 1, 2008; and from 224
and after July 1, 2004, this appointment shall be designated as 225
Post 5. 226
(f) The term of the engineer member presently serving 227
from the Third Supreme Court District, which term was set to 228
expire on April 8, 2006, shall expire on July 1, 2009; and from 229
and after July 1, 2004, this appointment shall be designated as 230
Post 6. 231
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(g) The term of the surveyor member presently serving 232
at large, which term was set to expire on April 8, 2007, shall 233
expire on July 1, 2004; subsequent appointments shall be made from 234
the First Supreme Court District; from and after July 1, 2004, 235
this appointment shall be designated as Post 7. 236
(h) An appointment of a surveyor member shall be made 237
from the Second Supreme Court District; the appointment shall be 238
made on July 1, 2004, and shall expire on July 1, 2005; from and 239
after July 1, 2004, this appointment shall be designated as Post 240
8. 241
(i) The term of the surveyor member presently serving 242
at large, which term was set to expire on April 8, 2006, shall 243
expire on July 1, 2006; subsequent appointments shall be made from 244
the Third Supreme Court District; from and after July 1, 2004, 245
this appointment shall be designated as Post 9. 246
At the expiration of a term, members of the board shall be 247
appointed in the manner prescribed in this section for terms of 248
four (4) years from the expiration date of the previous terms. 249
Any vacancy on the board prior to the expiration of a term 250
for any reason, including resignation, removal, disqualification, 251
death or disability, shall be filled by appointment of the 252
Governor in the manner prescribed in this * * * chapter for the 253
balance of the unexpired term. The * * * Governor shall fill such 254
vacancies within ninety (90) days after each such vacancy occurs. 255
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It shall not be considered the duty of the State of 256
Mississippi to provide office space and office equipment for the 257
board herein created. 258
No member of the board shall, during the term of his or her 259
office or thereafter, be required to defend any action for damages 260
in any of the courts of this state where it is shown that said 261
damage followed or resulted from any of the official acts of said 262
board in the performance of its powers, duties or authority as set 263
forth in this chapter. Any such action filed shall upon motion be 264
dismissed, at the cost of the plaintiff, with prejudice. 265
SECTION 4. Section 73-13-7, Mississippi Code of 1972, is 266
amended as follows: 267
73-13-7. Each member of the board shall be a citizen of the 268
United States and shall have been a resident of the state for at 269
least five (5) years prior to the appointment. He or she shall be 270
at least * * * thirty-five (35) years of age, shall have been 271
engaged as a licensed professional in the practice of engineering 272
or surveying, as the case may be, for at least ten (10) years and 273
shall have been in responsible charge of important engineering or 274
surveying work, as the case may be, for at least five (5) years, 275
and shall not have been subject to disciplinary action as 276
described in this chapter for the previous ten (10) years. Each 277
year of teaching engineering or surveying in a school or college 278
shall be equivalent to a year of responsible charge of engineering 279
or surveying work. Not more than two (2) members of the board at 280
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any time may be teachers of engineering in the universities or 281
colleges of the state. All members of the board shall be licensed 282
professional engineers or licensed professional surveyors, as the 283
case may be. 284
SECTION 5. Section 73-13-9, Mississippi Code of 1972, is 285
amended as follows: 286
73-13-9. Each member of the board shall receive per diem in 287
accordance with Section 25-3-69 when actually attending to the 288
work of the board or any of its committees, and shall be 289
reimbursed for traveling expenses in accordance with Section 290
25-3-41 in carrying out the provisions of * * * this chapter. 291
SECTION 6. Section 73-13-11, Mississippi Code of 1972, is 292
amended as follows: 293
73-13-11. The Governor may remove any member of the board 294
for misconduct, incompetency, neglect of duty, failure to attend 295
two (2) consecutive quarterly meetings, or for any other 296
sufficient cause. * * * 297
SECTION 7. Section 73-13-13, Mississippi Code of 1972, is 298
amended as follows: 299
73-13-13. The board shall hold at least * * * four (4) 300
regular quarterly meetings each year * * *. Special meetings 301
shall be held at such time as the regulations of the board may 302
provide. Notice of all meetings shall be given in such manner as 303
the regulations of the board may provide. The board shall elect 304
annually, at a regular or special meeting, the following officers: 305
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a president, a vice president, and a secretary. A quorum of the 306
board shall consist of not less than five (5) members. 307
SECTION 8. Section 73-13-15, Mississippi Code of 1972, is 308
amended as follows: 309
73-13-15. The board shall have the power to adopt and amend 310
all regulations and rules of procedure, * * * consistent with the 311
Constitution and laws of this state, which may be reasonably 312
necessary for the proper performance of its duties and the 313
regulations of the proceedings before it. The board shall adopt 314
and have an official seal. It shall not be required to post bond 315
on appeals. The board shall have the further power and authority 316
to: 317
(a) Establish standards of conduct and ethics; 318
(b) Institute proceedings in its own name; 319
(c) Promulgate rules restricting competitive bidding; 320
(d) Promulgate rules limiting or restricting 321
advertising; 322
(e) Promulgate rules requiring a demonstration of 323
continuing education; 324
(f) Adopt and promulgate reasonable bylaws and rules 325
and regulations necessary or appropriate for the proper 326
fulfillment of its duties under state laws pertaining thereto; 327
(g) Provide for the enforcement of * * * the laws of 328
the State of Mississippi and, in particular, the provisions of 329
this chapter, and the bylaws, rules and regulations of the board; 330
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(h) Provide by appropriate rules and regulations, 331
within the provisions of this chapter, a system for taking the 332
disciplinary actions provided for in * * * this chapter, including 333
the imposition of fines as provided therein; 334
(i) Investigate, prosecute or initiate prosecution for 335
violation of the laws of this state pertaining to the practices of 336
engineering and surveying, or matters affecting the rights and 337
duties or otherwise related thereto; 338
(j) Adopt rules setting forth qualifications and 339
standards of practice for firms; and 340
(k) Provide by appropriate rules and regulations, 341
within the provisions of this chapter, a system for the * * * 342
renewal of * * * licenses. 343
In carrying into effect the provisions of * * * this chapter, 344
the board, under the hand of its president or secretary and the 345
seal of the board may subpoena witnesses and compel their 346
attendance, and also may require the production of * * * records 347
and data in any case involving the disciplinary actions provided 348
for in * * * this chapter for practicing or offering to practice 349
without licensure. Any member of the board may administer oaths 350
or affirmations to witnesses appearing before the board. If any 351
person shall refuse to obey any subpoena so issued, or shall 352
refuse to testify or produce any * * * records or data, the board 353
may present its petition to such authority as may have 354
jurisdiction, setting forth the facts, and thereupon such 355
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authority shall, in a proper case, issue its subpoena to such 356
person, requiring his or her attendance before such authority and 357
there to testify or to produce such * * * records and data, as may 358
be deemed necessary and pertinent by the board. Any person 359
failing or refusing to obey the subpoena or order of the said 360
authority may be proceeded against in the same manner as for 361
refusal to obey any other subpoena or order of the authority. 362
The board is authorized and empowered to examine applicants 363
for licensure to practice engineering or surveying; to license all 364
applicants whom it deems qualified to practice engineering or 365
surveying in accordance with this chapter; and to revoke licenses 366
for just cause as provided for in this chapter. 367
SECTION 9. Section 73-13-17, Mississippi Code of 1972, is 368
amended as follows: 369
73-13-17. (1) The board shall keep an account of all monies 370
derived from the operation of * * * this chapter. All fees and 371
any other monies received by the board shall be deposited in a 372
special fund that is created in the State Treasury and shall be 373
used for the implementation and administration of * * * this 374
chapter when appropriated by the Legislature for such purpose. 375
The monies in the special fund shall be subject to all provisions 376
of the state budget laws that are applicable to special fund 377
agencies, and disbursements from the special fund shall be made by 378
the State Treasurer only upon warrants issued by the State Fiscal 379
Officer upon requisitions signed by the executive director of the 380
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board and countersigned by the secretary of the board. Any 381
interest earned on this special fund shall be credited by the 382
State Treasurer to the fund and shall not be paid into the State 383
General Fund. Any unexpended monies remaining in the special fund 384
at the end of a fiscal year shall not lapse into the State General 385
Fund. The State Auditor shall audit the financial affairs of the 386
board and the transactions involving the special fund at least 387
once a year in the same manner as for other special fund agencies. 388
(2) The executive director and the secretary of the board 389
shall give a surety bond satisfactory to the other members of the 390
board, conditioned upon the faithful performance of their duties. 391
The premium on said bond shall be regarded as a proper and 392
necessary expense of the board. When any member of the board or 393
any employee thereof is engaged on business of the board away from 394
the principal office of the board, he or she shall be entitled to 395
receive expenses as authorized in Section 25-3-41, and members of 396
the board shall be entitled to per diem in an amount not to exceed 397
that authorized in Section 25-3-69, all as approved by the board. 398
(3) The board shall employ an executive director and may 399
employ such clerical or other assistants as are necessary for the 400
proper performance of its work, and may make expenditures for any 401
purpose which, in the opinion of the board, are reasonably 402
necessary for the proper performance of its duties under this 403
chapter. 404
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SECTION 10. Section 73-13-19, Mississippi Code of 1972, is 405
amended as follows: 406
73-13-19. The board shall keep a record of its proceedings 407
and a register of all applications for licensure, which register 408
shall show (a) the name, age and residence of such applicant, (b) 409
the date of the application, (c) the place of business of such 410
applicant, (d) his or her educational and other qualifications, 411
(e) whether or not an examination was required, (f) whether the 412
applicant was rejected, (g) whether a * * * license was granted, 413
(h) the date of the action of the board, and (i) such other 414
information as may be deemed necessary by the board. 415
The records of the board shall be prima facie evidence of the 416
proceedings of the board set forth therein, and a transcript 417
thereof, duly certified by the executive director of the board 418
under seal, shall be admissible in evidence with the same force 419
and effect as if the original were produced. 420
Annually, on or before March 15, the board shall submit to 421
the Governor a report of its transactions of the preceding 422
year * * * and shall file with the Secretary of State a copy of 423
such report of the board, attested by affidavits of its president 424
and its secretary. 425
SECTION 11. Section 73-13-21, Mississippi Code of 1972, is 426
amended as follows: 427
73-13-21. A roster showing the names and places of business 428
or residence of all licensed professional engineers and licensed 429
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professional surveyors and licensed firms shall be * * * 430
maintained by the board. 431
SECTION 12. Section 73-13-23, Mississippi Code of 1972, is 432
amended as follows: 433
73-13-23. (1) (a) The following shall be considered as 434
minimum evidence satisfactory to the board that the applicant is 435
qualified for licensure as a professional engineer: 436
Graduation from a bachelor's program in * * * 437
engineering * * * from a school or college approved by the board 438
as of satisfactory standing or graduation from a bachelor's 439
program in * * * engineering * * * or engineering technology, or 440
related science curriculum * * * from a school or college other 441
than those approved by the board plus a graduate degree in an 442
engineering curriculum from a school or college wherein the same 443
engineering curriculum at the undergraduate level is approved by 444
the board as of satisfactory standing; a specific record of four 445
(4) years of qualifying engineering experience indicating that the 446
applicant is competent to practice engineering (in counting years 447
of experience, the board at its discretion may give credit not in 448
excess of three (3) years for satisfactory graduate study in 449
engineering), and the successful passing of examinations in 450
engineering as prescribed by the board. 451
(b) In considering the qualifications of applicants, 452
engineering teaching may be construed as engineering experience. 453
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(c) The mere execution, as a contractor, of work 454
designed by a professional engineer, or the supervision of the 455
construction of such work as a foreman or superintendent shall not 456
be deemed to be the practice of engineering. 457
(d) Any person having the necessary qualifications 458
prescribed in * * * this chapter to entitle him or her to 459
licensure shall be eligible for such licensure although he or she 460
may not be practicing his or her profession at the time of making 461
his or her application. 462
(e) No person shall be eligible for licensure as a 463
professional engineer who is not of good character and reputation, 464
as defined in the board's Code of Professional Conduct, or who 465
presents claims in support of his or her application which contain 466
major discrepancies. 467
(2) The following shall be considered as minimum evidence 468
satisfactory to the board that the applicant is qualified for 469
enrollment as an engineer intern: 470
(a) Graduation from a bachelor's program in * * * 471
engineering * * * from a school or college approved by the board 472
as of satisfactory standing or graduation in an engineering * * * 473
or engineering technology, or related science * * * from a school 474
or college other than those approved by the board plus a graduate 475
degree in an engineering curriculum from a school or college 476
wherein that same engineering curriculum at the undergraduate 477
level is approved by the board as of satisfactory standing; and 478
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(b) Successfully passing a written examination in * * * 479
fundamental engineering subjects. 480
(3) The following shall be considered as minimum evidence 481
satisfactory to the board that the applicant is qualified for 482
licensure as a professional surveyor: 483
(a) (i) A bachelor's degree in geomatics, surveying or 484
surveying technology approved by the board consisting of a minimum 485
of one hundred twenty (120) semester hours, or the equivalent, in 486
surveying curriculum subjects and a specific record of four (4) 487
years of qualifying surveying experience; or 488
(ii) A bachelor's degree in a related science 489
curriculum defined by board rule, consisting of sixty-two (62) 490
semester hours in surveying curriculum subjects as defined by 491
board rule, and a specific record of five (5) years of qualifying 492
surveying experience; or 493
(iii) A bachelor's degree in a related science 494
curriculum defined by board rule, and a specific record of six (6) 495
years of qualifying surveying experience; or 496
(iv) An associate degree, or its equivalent, in a 497
curriculum approved by the board consisting of sixty-two (62) 498
semester hours in surveying curriculum subjects as defined by 499
board rule, and a specific record of seven (7) years or more of 500
qualifying surveying experience; or 501
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(v) A high school diploma, or its equivalent, and 502
a specific record of twelve (12) years or more of qualifying 503
surveying experience; and 504
(b) Successfully passing examinations in surveying 505
prescribed by the board. 506
(4) The following shall be considered as minimum evidence 507
satisfactory to the board that the applicant is qualified for 508
enrollment as a surveyor intern: 509
(a) (i) A bachelor's degree in geomatics, surveying or 510
surveying technology approved by the board consisting of a minimum 511
of one hundred twenty (120) semester hours, or the equivalent, in 512
surveying curriculum subjects; or 513
(ii) A bachelor's degree in a related science 514
curriculum defined by board rule consisting of sixty-two (62) 515
semester hours in surveying curriculum subjects as defined by 516
board rule; or 517
(iii) A bachelor's degree in a related science 518
curriculum defined by board rule; or 519
(iv) An associate degree, or its equivalent, in a 520
curriculum approved by the board consisting of sixty-two (62) 521
semester hours in surveying curriculum subjects as defined by 522
board rule; or 523
(v) A high school diploma, or its equivalent, and 524
a specific record of eight (8) years or more of qualifying 525
surveying experience; and 526
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(b) Successfully passing examinations in surveying 527
fundamentals prescribed by the board. 528
(5) No person shall be eligible for licensure as a 529
professional surveyor who is not of good character and reputation, 530
as defined in the board's Code of Professional Conduct. 531
SECTION 13. Section 73-13-25, Mississippi Code of 1972, is 532
amended as follows: 533
73-13-25. Applications for enrollment as an engineer 534
intern * * *, surveyor intern, licensure as a professional 535
engineer, or licensure as a professional surveyor shall be on the 536
forms prescribed and furnished by the board, shall contain 537
statements made under oath, showing the applicant's education and 538
detailed summary of the applicant's qualifying experience. 539
Applications for licensure or relicensure as a professional 540
engineer shall also contain not less than five (5) references, of 541
whom three (3) or more shall be engineers having personal 542
knowledge of the applicant's engineering experience. Application 543
for licensure or relicensure as a professional surveyor shall also 544
contain not less than five (5) references, of whom three (3) or 545
more shall be professional surveyors having personal knowledge of 546
the applicant's surveying experience. 547
The application fee for licensure as a professional engineer 548
or professional surveyor shall be determined by the board but 549
shall not exceed * * * One Hundred Fifty Dollars ($150.00), which 550
fee shall accompany the application. 551
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The application fee for enrollment as an engineer intern or 552
surveyor intern shall be determined by the board but shall not 553
exceed * * * Fifty Dollars ($50.00), which fee shall accompany the 554
application. * * * 555
Each application or filing made under this section shall 556
include the social security number(s) of the applicant in 557
accordance with Section 93-11-64, Mississippi Code of 1972. 558
SECTION 14. Section 73-13-27, Mississippi Code of 1972, is 559
amended as follows: 560
73-13-27. Examinations shall be required for enrollment as 561
an engineer intern * * *, surveyor intern, licensure as a 562
professional engineer, or licensure as a professional 563
surveyor. * * *. 564
The scope of the engineering examinations and the methods and 565
procedures shall be prescribed by the board with special reference 566
to the applicant's ability to design and supervise engineering 567
works so as to ensure the safety of life, health and property. 568
The scope of the surveying examinations and the methods and 569
procedure shall be prescribed by the board with special reference 570
to the applicant's ability to exercise direct control and personal 571
supervision of all surveying functions. 572
The board shall cite applicants to examinations in accordance 573
with its rules and regulations. 574
SECTION 15. Section 73-13-29, Mississippi Code of 1972, is 575
amended as follows: 576
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73-13-29. The board shall issue a * * * license and shall 577
provide a certificate of licensure upon payment of licensure fee 578
as provided for in * * * this chapter, to any applicant who, in 579
the opinion of the board, has satisfactorily met all the 580
requirements of * * * this chapter. In the case of a licensed 581
engineer, the * * * license shall authorize the "practice of 582
engineering." In the case of an engineer intern, * * * a 583
certificate of enrollment shall be provided, and it shall state 584
that the applicant has successfully passed the examination in 585
fundamental engineering subjects required by the board and has 586
been enrolled as an "engineer intern." In the case of licensed 587
professional surveyors, the license shall authorize the "practice 588
of surveying." In the case of a surveyor intern, the certificate 589
shall state that the applicant has successfully passed the 590
examination in fundamental surveying subjects required by the 591
board and has been enrolled as a "surveyor intern." Certificates 592
shall show the full name, shall have a * * * license or enrollment 593
number, and shall be signed by the president and the secretary of 594
the board under seal of the board. 595
The issuance of a * * * license by this board shall be prima 596
facie evidence that the person named therein is entitled to all 597
the rights and privileges of a * * * licensed professional 598
engineer or a licensed professional surveyor while the * * * 599
license remains unrevoked or unexpired. 600
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Before engaging in the practice of * * * engineering or 601
surveying, each licensee hereunder shall upon licensure obtain a 602
seal of the design authorized by the board, bearing the licensee's 603
name and the legend "Licensed Professional Engineer * * *" or 604
"Licensed Professional Surveyor." Each person licensed as a 605
professional engineer, who is also licensed as a professional 606
surveyor, may also obtain a seal bearing the licensee's name and 607
the legend "Professional Engineer and Professional Surveyor." 608
Plans, specifications and reports prepared by a * * * 609
licensed engineer shall be * * * sealed by the licensee, but it 610
shall be unlawful for anyone to * * * seal any documents * * * 611
after the * * * license is expired or revoked, or while the * * * 612
license is suspended. It shall be unlawful for anyone other than 613
the licensee to whom the seal has been issued to * * * seal any 614
document utilizing such seal. 615
Plats, maps and reports prepared by a licensed surveyor shall 616
be sealed during the life of the licensee's license, but it shall 617
be unlawful for anyone to seal any documents with the seal after 618
the license of the licensee named thereon has expired or been 619
revoked or suspended. It shall be unlawful for anyone other than 620
the licensee to whom the seal has been issued to seal any 621
documents utilizing such seal. 622
SECTION 16. Section 73-13-31, Mississippi Code of 1972, is 623
amended as follows: 624
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73-13-31. * * * Licenses shall expire on the last day of the 625
month of December following their issuance or at the end of their 626
renewal period and shall become invalid on that date unless 627
renewed. It shall be the duty of the board to notify every person 628
licensed under this chapter of the date of the expiration of * * * 629
the license and the amount of the fee that shall be required for 630
its renewal for one (1) year or two (2) years. Such notice shall 631
occur at least one (1) month in advance of the date of the 632
expiration of * * * the license. Renewal may be effected at any 633
time during the month of December by the payment of a fee, as 634
determined by the board, not to exceed * * * One Hundred Dollars 635
($100.00), or * * * Two Hundred Dollars ($200.00) if renewals are 636
for two (2) years. A person who is licensed as a professional 637
engineer and as a professional surveyor may effect both renewals 638
by the payment of a fee not to exceed * * * One Hundred Fifty 639
Dollars ($150.00), or * * * Three Hundred Dollars ($300.00) if 640
renewals are for two (2) years. The failure on the part of any 641
licensee to renew his or her * * * license annually, or 642
biennially, in the month of December as required above, shall not 643
deprive such person of the right of renewal, but the fee to be 644
paid for the renewal of a * * * license after the month of 645
December shall be increased ten percent (10%) for each month, or 646
fraction of a month that payment of renewal is delayed; * * * 647
however, * * * the maximum fee for delayed renewal shall not 648
exceed five (5) times the normal renewal fee. A state agency or 649
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any of the state's political subdivisions, such as a county or 650
municipality, may pay the renewal fee of any licensee who is a 651
full-time employee; * * * however, * * * any licensee who 652
permits * * * the renewal fee to be paid from any public funds 653
shall not perform engineering or surveying services for a fee or 654
other emoluments for the public or for any other public entity. 655
If a * * * license has expired for six (6) months or more, 656
the licensee shall be required to submit a new application, paying 657
back fees and submitting proof of continuing professional 658
competency compliance. * * * 659
SECTION 17. Section 73-13-33, Mississippi Code of 1972, is 660
amended as follows: 661
73-13-33. All professional engineers, licensed in accordance 662
with the provisions of Chapter 56 of the Laws of Mississippi of 663
1928, Extraordinary Session, and as amended under Senate Bill No. 664
383, Chapter 131, Laws of 1940, and whose * * * licenses are in 665
effect at the time of passage of * * * this chapter, shall be 666
entitled to all the rights and privileges of a licensed 667
professional engineer as provided for in those sections, while 668
the * * * license remains unrevoked or unexpired. 669
SECTION 18. Section 73-13-35, Mississippi Code of 1972, is 670
amended as follows: 671
73-13-35. The board may, upon application therefor and the 672
payment of a fee in accordance with * * * this chapter, issue 673
a * * * license as a professional engineer or a professional 674
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surveyor to any person who holds a * * * license issued to him or 675
her by proper authority of any state or territory or possession of 676
the United States, or of any country, provided that the 677
applicant's qualifications meet the requirements of * * * this 678
chapter and the rules established by the board. The board may 679
also issue an engineering license to an individual through 680
international professional engineer agreements recognized by the 681
board. The issuance of a * * * license by reciprocity to a 682
military-trained applicant, military spouse or person who 683
establishes residence in this state shall be subject to the 684
provisions of Section 73-50-1 or 73-50-2, as applicable. 685
SECTION 19. Section 73-13-37, Mississippi Code of 1972, is 686
amended as follows: 687
73-13-37. (1) The board, upon satisfactory proof and in 688
accordance with the provisions of this chapter and the 689
implementing regulations of the board pertaining thereto, is 690
authorized to take the disciplinary actions provided for 691
hereinafter against any person or firm practicing engineering or 692
surveying, including * * * nonlicensees, for any of the following 693
reasons: 694
(a) Violating any of the provisions of * * * this 695
chapter or the implementing bylaws, rules, regulations, or 696
standards of ethics or conduct duly adopted and promulgated by the 697
board pertaining to the practice of engineering or the practice of 698
surveying; 699
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(b) Fraud, deceit or misrepresentation in obtaining 700
a * * * license; 701
(c) Gross negligence, malpractice or incompetency; 702
(d) Any professional misconduct, as defined by the 703
board through bylaws, rules and regulations, and standards of 704
conduct and ethics; 705
(e) Practicing or offering to practice engineering or 706
surveying on an expired * * * license or while under suspension or 707
revocation of * * * license unless said suspension or revocation 708
be abated through probation, as provided for hereinafter; or 709
(f) Addiction to or dependence on alcohol or other 710
habit-forming drugs or being * * * a habitual user of alcohol, 711
narcotics, barbiturates, amphetamines, hallucinogens, or other 712
drugs having similar effect. 713
(2) Any person may prefer charges against any other person 714
practicing engineering or surveying, including nonlicensees, for 715
committing any of the acts set forth in subsection (1). Such 716
charges shall be sworn to, either upon actual knowledge or upon 717
information and belief, and shall be filed with the board. * * * 718
The board shall investigate all charges filed with it and, 719
upon finding reasonable cause to believe that the charges are not 720
frivolous, unfounded or filed in bad faith, may, in its 721
discretion, cause a hearing to be held, at a time and place fixed 722
by the board, regarding the charges and may compel the accused by 723
subpoena to appear before the board to respond to said charges. 724
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No disciplinary action taken hereunder may be taken until the 725
accused has been furnished both a statement of the charges against 726
him or her and notice of the time and place of the hearing 727
thereof, which shall be personally served on or mailed by 728
registered or certified mail, return receipt requested, to the 729
last * * * known business or residence address of the accused not 730
less than thirty (30) days prior to the date fixed for the 731
hearing. 732
Notice on a firm shall be had by notice on the principal or 733
officer designated by the firm as having management or supervision 734
of the engineering/surveying practice, or on the registered agent 735
in the case of a corporation not domiciled in Mississippi. 736
(3) At any hearing held hereunder, the board shall have the 737
power to subpoena witnesses and compel their attendance and may 738
also require the production of * * * records and data, as provided 739
elsewhere in this chapter. The board is authorized to designate 740
or secure a hearing officer to conduct the hearing. All evidence 741
shall be presented under oath, which may be administered by any 742
member of the board, and thereafter the proceedings may, if 743
necessary, be transcribed in full by the court reporter and filed 744
as part of the record in the case. Copies of such transcriptions 745
may be provided to any party to the proceedings at a cost to be 746
fixed by the board. 747
All witnesses who shall be subpoenaed and who shall appear in 748
any proceedings before the board shall receive the same fees and 749
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mileage as allowed by law in judicial civil proceedings, and all 750
such fees shall be taxed as part of the costs in the case. 751
Where in any proceeding before the board any witness shall 752
fail or refuse to attend upon subpoena issued by the board, shall 753
refuse to testify or shall refuse to produce any * * * records and 754
data, the production of which is called for by the subpoena, the 755
attendance of such witness and the giving of his or her testimony 756
and the production of the * * * records and data shall be enforced 757
by any court of competent jurisdiction of this state in the manner 758
provided for the enforcement of attendance and testimony of 759
witnesses in civil cases in the courts of this state. 760
The accused shall have the right to be present at the hearing 761
in person, by counsel or other representative, or both. The board 762
is authorized to continue or recess the hearing as may be 763
necessary. 764
(4) At the conclusion of the hearing, the board may either 765
decide the issue at that time or take the case under advisement 766
for further deliberation. The board shall render its decision not 767
more than ninety (90) days after the close of the hearing, and 768
shall forward to the last * * * known business or residence 769
address of the accused, by certified or registered mail, return 770
receipt requested, a written statement of the decision of the 771
board. 772
If a majority of the board finds the accused guilty of the 773
charges filed, the board may: (a) issue a public or private 774
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reprimand; (b) require the guilty party to complete a course or 775
courses, approved by the board, in ethics or other appropriate 776
subjects; (c) suspend or revoke the * * * license of the accused, 777
if the accused is a licensee; and/or (d) in lieu of or in addition 778
to such reprimand, course completion, suspension or revocation, 779
assess and levy upon the guilty party a monetary penalty of not 780
less than One Hundred Dollars ($100.00) nor more than Five 781
Thousand Dollars ($5,000.00) for each violation. 782
(5) A monetary penalty assessed and levied under this 783
section shall be paid to the board upon the expiration of the 784
period allowed for appeal of such penalties under this * * * 785
chapter, or may be paid sooner if the guilty party elects. Money 786
collected by the board under this section shall be deposited to 787
the credit of the board's special fund in the State Treasury. 788
When payment of a monetary penalty assessed and levied by the 789
board in accordance with this section is not paid when due, the 790
board shall have the power to institute and maintain proceedings 791
in its name for enforcement of payment in the chancery court of 792
the county and judicial district of residence of the guilty party 793
and if the guilty party be a nonresident of the State of 794
Mississippi, such proceedings shall be in the Chancery Court of 795
the First Judicial District of Hinds County, Mississippi. 796
(6) When the board has taken a disciplinary action under 797
this * * * chapter, the board may, in its discretion, stay such 798
action and place the guilty party on probation for a period not to 799
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exceed one (1) year upon the condition that the guilty party shall 800
not further violate either the laws of the State of Mississippi 801
pertaining to the practice of engineering or the practice of 802
surveying or the bylaws, rules and regulations, or standards of 803
conduct and ethics promulgated by the board. 804
(7) The board, in its discretion, may assess and tax any 805
part or all of the costs of any disciplinary proceedings conducted 806
under this section against either the accused, the charging party, 807
or both, as it may elect. 808
(8) The power and authority of the board to assess and levy 809
the monetary penalties provided for in this section shall not be 810
affected or diminished by any other proceeding, civil or criminal, 811
concerning the same violation or violations except as provided in 812
this section. 813
(9) The board, for sufficient cause, may reissue a 814
revoked * * * license or authority whenever a majority of the 815
board members vote to do so. 816
(10) Any person or firm aggrieved by an action of the board 817
denying or revoking * * * a license or authority or relicensure as 818
a professional engineer or professional surveyor or * * * 819
enrollment as an engineer intern or surveyor intern, or who is 820
aggrieved by the action of the board as a result of disciplinary 821
proceedings conducted under this section may appeal therefrom to 822
the chancery court of either the county wherein the appellant 823
resides or the Chancery Court of the First Judicial District of 824
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Hinds County, at the election of the appellant. If the appellant 825
is a nonresident of this state, the appeal shall be made to the 826
Chancery Court of the First Judicial District of Hinds County. 827
Such appeal shall be perfected before the board by * * * filing 828
with the board of a notice of appeal to the chancery court. The 829
court shall require a bond in an amount not to exceed One Thousand 830
Dollars ($1,000.00) conditioned to pay all costs which may be 831
adjudged against the appellant. The notice of appeal shall be 832
filed not later than thirty (30) days after the decision of the 833
board is forwarded to the guilty party, as provided hereinabove. 834
All appeals perfected hereunder shall not act as a 835
supersedeas, and shall be made to the chancery court solely upon 836
the record made before the board during the disciplinary hearing. 837
When the appeal shall have been properly perfected as provided 838
herein, the board shall cause the record of the proceedings 839
conducted before it to be compiled, certified and filed with the 840
chancery court. The briefing schedule shall be the same as for 841
appeals to the Supreme Court. The chancery court shall be 842
required to rule on the case within sixty (60) days of the close 843
of briefing. All procedures and penalties provided for in this 844
section shall apply to nonlicensees as well as licensees. 845
(11) In addition to the reasons specified in subsection (1) 846
of this section, the board shall be authorized to suspend 847
the * * * license of any person for being out of compliance with 848
an order for support, as defined in Section 93-11-153. The 849
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procedure for suspension of a * * * license for being out of 850
compliance with an order for support, and the procedure for the 851
reissuance or reinstatement of a * * * license suspended for that 852
purpose, and the payment of any fees for the reissuance or 853
reinstatement of a * * * license suspended for that purpose, shall 854
be governed by Section 93-11-157 or 93-11-163, as the case may be. 855
Actions taken by the board in suspending a * * * license when 856
required by Section 93-11-157 or 93-11-163 are not actions from 857
which an appeal may be taken under this section. Any appeal of a 858
suspension of a * * * license that is required by Section 859
93-11-157 or 93-11-163 shall be taken in accordance with the 860
appeal procedure specified in Section 93-11-157 or 93-11-163, as 861
the case may be, rather than the procedure specified in this 862
section. If there is any conflict between any provision of 863
Section 93-11-157 or 93-11-163 and any provision of this chapter, 864
the provisions of Section 93-11-157 or 93-11-163, as the case may 865
be, shall control. 866
(12) Any board member whose objectivity in a disciplinary 867
proceeding is impaired shall either recuse himself or herself from 868
sitting as a member of the board in a formal disciplinary hearing 869
in that proceeding or be disqualified therefrom. In the event a 870
disciplinary proceeding is brought against a member or former 871
member of the board, no member of the board who has served 872
concurrently with the respondent in the disciplinary proceeding 873
shall sit as a member of the board in a formal disciplinary 874
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hearing in that proceeding. If, after recusal or disqualification 875
of board members as provided herein, there does not remain a 876
quorum of the board to sit for a disciplinary hearing, the board 877
shall have the power to select, in accordance with duly 878
promulgated regulations of the board, substitute panel 879
members * * * to the extent necessary to achieve the number of 880
panel members equivalent to a quorum of the board. Substitute 881
panel members must meet the qualifications of board members as 882
provided in * * * this chapter and shall receive compensation as 883
provided for board members in * * * this chapter. 884
SECTION 20. Section 73-13-39, Mississippi Code of 1972, is 885
amended as follows: 886
73-13-39. Any person or firm who shall practice, or offer to 887
practice, engineering or surveying in this state without being 888
licensed in accordance with the provisions of * * * this chapter, 889
or any person presenting or attempting to use as his or her 890
own * * * license or seal of another, or any person who shall give 891
any false or forged evidence of any kind to the board or to any 892
member thereof in obtaining a * * * license, or any person who 893
shall falsely impersonate any other licensee of like or different 894
name, or any person or firm who shall attempt to use an expired or 895
revoked * * * license, or any person or firm who shall violate any 896
of the provisions of * * * this chapter, shall be guilty of a 897
misdemeanor, and shall, upon conviction, be sentenced to pay a 898
fine of not less than One Hundred Dollars ($100.00), nor more than 899
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Five Thousand Dollars ($5,000.00) in addition to reimbursement of 900
investigative expenses and court costs, or suffer imprisonment for 901
a period not exceeding three (3) months, or both. The criminal 902
penalties provided for in this section may be assessed in addition 903
to those civil penalties provided for in * * * this chapter. 904
Unless licensed in accordance with the provisions of * * * 905
this chapter, no person shall: 906
(a) Directly or indirectly employ, use, cause to be 907
used or make use of any of the following terms or any 908
combinations, variations or abbreviations thereof as a 909
professional, business or commercial identification, title, name, 910
representation, claim, asset or means of advantage or benefit: 911
"engineer," "professional engineer," "licensed engineer," 912
"registered engineer," "registered professional engineer," 913
"licensed professional engineer," "engineered," "engineering," 914
"surveyor," "professional surveyor," "licensed surveyor," 915
"registered surveyor," "registered professional surveyor," 916
"licensed professional surveyor," "surveyed," "surveying," 917
"professional land surveyor," or "licensed professional land 918
surveyor"; or 919
(b) Directly or indirectly employ, use, cause to be 920
used or make use of any letter, abbreviation, word, symbol, 921
slogan, sign or any combinations or variations thereof which in 922
any manner whatsoever tends or is likely to create any impression 923
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with the public or any member thereof that any person is qualified 924
or authorized to practice engineering or to practice surveying; or 925
(c) Receive any fee or compensation or the promise of 926
any fee or compensation for performing, offering or attempting to 927
perform any service, work, act or thing which is any part of the 928
practice of engineering or the practice of surveying. 929
Any person, firm, partnership, association or corporation 930
which shall do, offer or attempt to do any one or more of the acts 931
or things set forth in * * * paragraphs (a) through (c) of the 932
preceding paragraph shall be conclusively presumed and regarded as 933
engaged in the practice of engineering or the practice of 934
surveying. 935
It shall be the duty of all duly constituted officers of the 936
law of this state, or any political subdivision thereof, to 937
enforce the provisions of * * * this chapter and to prosecute any 938
persons violating same. Except as otherwise authorized in Section 939
7-5-39, the Attorney General of the state or his or her assistant 940
shall act as legal advisor of the board in carrying out the 941
provisions of * * * this chapter. 942
SECTION 21. Section 73-13-41, Mississippi Code of 1972, is 943
amended as follows: 944
73-13-41. * * * Any person who may feel aggrieved by an 945
action of the board denying or revoking his or her license or 946
relicensure as a professional engineer, a professional surveyor, 947
enrollment as an engineer intern, or enrollment as a surveyor 948
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intern may appeal therefrom to the chancery court of the county of 949
residence of such person and, after full hearing, the court shall 950
make such order sustaining or reversing the action of the board as 951
it may seem just and proper. However, in case of a nonresident 952
licensee or applicant, such appeal shall be taken or made to the 953
Chancery Court of the First Judicial District of Hinds County, 954
Mississippi. 955
Actions taken by the board in suspending a license when 956
required by Section 93-11-157 or 93-11-163 are not actions from 957
which an appeal may be taken under this section. Any appeal of a 958
suspension of a license that is required by Section 93-11-157 or 959
93-11-163 shall be taken in accordance with the appeal procedure 960
specified in Section 93-11-157 or 93-11-163, as the case may be, 961
rather than the procedure specified in this section. 962
SECTION 22. Section 73-13-43, Mississippi Code of 1972, is 963
amended as follows: 964
73-13-43. * * * No corporation, firm or partnership may 965
engage in the practice of professional engineering or the practice 966
of professional surveying in this state unless it has been issued 967
a certificate of authority by the board. 968
In order to qualify for * * * an engineering or surveying 969
certificate of authority, a corporation, firm or partnership must 970
have at least one (1) Mississippi-licensed professional engineer 971
or surveyor as a principal officer, partner or designated 972
principal engineer or surveyor of the firm who has management 973
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responsibility for such practice and who makes significant 974
technical and/or contractual judgments on behalf of the firm which 975
would affect the firm's professional reputation and liability. 976
A sole proprietorship, owned and operated by a licensee under 977
this chapter shall not be required to obtain a certificate of 978
authority. A professional association of licensed professional 979
engineers or licensed professional surveyors shall not be required 980
to obtain a certificate of authority. Both the licensed sole 981
proprietor and the licensees within a professional association 982
shall maintain their individual licenses in active status and only 983
offer the professional service for which they are licensed and 984
qualified to provide. 985
The board shall have the authority to promulgate rules and 986
regulations setting procedures, standards and other requirements 987
for issuing and maintaining a certificate of authority for 988
corporations, firms or partnerships practicing engineering or 989
surveying in the State of Mississippi. 990
Applications for a certificate of authority shall be on the 991
forms prescribed and furnished by the board, and provide all the 992
information required by said board. The board shall establish a 993
fee for the certificate of authority application, not to 994
exceed * * * Three Hundred Fifty Dollars ($350.00) for a one-year 995
certificate or * * * Seven Hundred Dollars ($700.00) for a 996
two-year certificate. Any corporation, firm or partnership having 997
the necessary qualifications as prescribed herein and the rules 998
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and regulations of the board shall be issued a certificate of 999
authority for said corporation, firm or partnership to practice 1000
engineering or surveying and to contract and collect fees for 1001
furnishing this service. 1002
Each certificate of * * * authority will expire on December 1003
31 of the end of the renewal period year. It shall be the duty of 1004
the board to notify every corporation, firm or partnership holding 1005
a certificate of authority under * * * this chapter of the date of 1006
the expiration of the certificate and the amount of the fee that 1007
shall be required for its renewal for one (1) year or two (2) 1008
years. The renewal fee shall not exceed * * * Three Hundred Fifty 1009
Dollars ($350.00) for one (1) year or * * * Seven Hundred Dollars 1010
($700.00) for two (2) years; penalties for late renewal shall be 1011
ten percent (10%) per month that payment is delayed. 1012
Additionally, if any of the information on the initial or any 1013
subsequent renewal application changes for the corporation, firm 1014
or partnership, said corporation, firm or partnership shall notify 1015
the board in the form and manner prescribed by the board within 1016
thirty (30) days of the change. 1017
* * * The Secretary of State shall not issue a certificate 1018
of incorporation, licensure or authorization to an applicant or 1019
licensure as a foreign firm to a corporation, firm or 1020
partnership * * * that includes in its name, or among the 1021
objectives for which it is established, any of the words, 1022
"engineer," "engineering," "surveyor," "surveying," or any 1023
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modification or derivation thereof, unless the board has issued 1024
for * * * the applicant a certificate of authority or a letter 1025
indicating the eligibility of such applicant to receive such a 1026
certificate. The corporation, firm or partnership applying shall 1027
supply such certificate or letter from the board with its 1028
application for incorporation, licensure or authorization to the 1029
Secretary of State. 1030
An engineer or surveyor who renders occasional, part-time or 1031
consulting engineering services to or for a corporation, firm or 1032
partnership may not, for the purposes of this section, be 1033
designated as being responsible for the professional activities of 1034
the firm. 1035
No such corporation, firm or partnership shall be relieved of 1036
responsibility for the conduct or acts of its agents, employees, 1037
officers, partners, members or managers by reason of its 1038
compliance with the provisions of this section. No individual 1039
practicing engineering or practicing surveying under this chapter 1040
shall be relieved of responsibility for engineering services or 1041
surveying services performed by reason of employment or other 1042
relationship with a firm holding * * * a certificate of authority. 1043
SECTION 23. Section 73-13-45, Mississippi Code of 1972, is 1044
amended as follows: 1045
73-13-45. (1) (a) Neither the state, nor any of its 1046
political subdivisions, such as a county, city or town, shall 1047
award construction contracts of any public work involving the 1048
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practice of engineering or architecture unless the plans, 1049
specifications and estimates have been prepared and such work 1050
supervised by a registered professional engineer or architect; 1051
however, nothing in this subsection shall be held to apply to such 1052
public work in which the expenditure does not exceed One Hundred 1053
Thousand Dollars ($100,000.00). 1054
(b) The state and any of its political subdivisions, 1055
such as a county, city or town, may engage in construction of 1056
public buildings involving the practice of engineering or 1057
architecture and using political subdivision workforces without 1058
the supervision of a licensed professional engineer or architect, 1059
provided that the total cost of the public building does not 1060
exceed One Hundred Fifty Thousand Dollars ($150,000.00). This 1061
paragraph (1)(b) shall not supersede any rules and regulations 1062
promulgated by the State Department of Health and the Department 1063
of Environmental Quality. 1064
(2) (a) In the awarding of public contracts for 1065
professional engineering services, preference shall be given to 1066
resident professional engineers over those nonresident 1067
professional engineers domiciled in a state having laws which 1068
grant a preference to the professional engineers who are residents 1069
of that state. Nonresident professional engineers shall be 1070
awarded Mississippi public contracts only on the same basis as the 1071
nonresident professional's state awards contracts to Mississippi 1072
professional engineers under similar circumstances. When a 1073
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nonresident professional engineer submits a proposal for a public 1074
project, he shall attach thereto a copy of his resident state's 1075
current statute, resolution, policy, procedure or executive order 1076
pertaining to such state's treatment of nonresident professional 1077
engineers. Resident professional engineers actually domiciled in 1078
Mississippi, be they corporate, individuals or partnerships, shall 1079
be granted preference over nonresidents in the awarding of 1080
contracts in the same manner and to the same extent as provided by 1081
the laws of the state of domicile of the nonresident. As used in 1082
this section, the term "resident professional engineer" includes a 1083
nonresident person, firm or corporation that has been qualified to 1084
do business in this state and has maintained a permanent full-time 1085
office in the State of Mississippi for not less than two (2) years 1086
prior to submitting a proposal for a public project, and the 1087
subsidiaries and affiliates of such a person, firm or corporation. 1088
(b) The provisions of this subsection shall not apply 1089
to any contract for any project upon which federal funds would be 1090
withheld because of the preference requirements of this 1091
subsection. 1092
(c) Any contract, agreement or arrangement for 1093
professional engineering services negotiated, made or entered 1094
into, directly or indirectly, by the state, counties, 1095
municipalities or any political subdivision thereof, or by any 1096
special districts, which is in any way in violation of the 1097
provisions of this subsection is * * * declared to be void as 1098
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contrary to the public policy of this state and shall not be given 1099
effect or enforced by any court of this state or by any of its 1100
officers or employees. 1101
(d) Nothing in this subsection shall affect the 1102
validity of any contract in existence prior to July 1, 1989. 1103
(e) For purposes of this section, the term 1104
"professional engineering services" means those within the scope 1105
of the practice of professional engineering as defined by * * * 1106
this chapter, or those performed by any registered professional 1107
engineer in connection with professional employment or practice. 1108
SECTION 24. The following shall be codified as Section 1109
73-13-47, Mississippi Code of 1972: 1110
73-13-47. (1) For the purposes of this section, the term 1111
"surveyor" means a licensed professional surveyor as defined in 1112
this chapter, and any person who is employed by or under the 1113
direct supervision of a professional surveyor licensed under this 1114
chapter. 1115
(2) A surveyor may enter in or upon public or private lands 1116
or waters, except buildings, while in the lawful performance of 1117
surveying duties without criminal liability for trespass; however, 1118
a surveyor shall make a good faith attempt to announce and 1119
identify himself or herself and his or her intentions before 1120
entering upon private property and must present documentation 1121
sufficient to identify himself or herself as a surveyor to anyone 1122
requesting such identification. 1123
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(3) The provisions of this section do not relieve a surveyor 1124
from any civil liability that otherwise is actionable at law or in 1125
equity, and do not relieve a surveyor from criminal liability for 1126
trespass if the entry in or upon the property extends beyond the 1127
property or area that is necessary to actually perform the 1128
surveying duties. 1129
(4) Surveyors shall be personally liable for any damage 1130
caused to private property when exercising entry under this 1131
section. No cause of action shall lie against a landowner for 1132
damages to a surveyor while on such lands unless the damage is 1133
cause by the intentional tortious conduct of landowner or his or 1134
her agent. 1135
SECTION 25. The following shall be codified as Section 1136
73-13-49, Mississippi Code of 1972: 1137
73-13-49. (1) This chapter shall not be construed to 1138
prevent or to affect: 1139
(a) The practice of any other legally recognized 1140
profession or trade, such as: (i) engineers employed by 1141
contractors to supervise work on which a licensed engineer is 1142
engaged; (ii) architects who are registered under the provisions 1143
of Title 73, Chapter 1; (iii) attorneys licensed to practice law 1144
under the provisions of Title 73, Chapter 3 while creating, 1145
preparing, drafting, revising or modifying any deed, deed of 1146
trust, easement, boundary line agreement or other legal instrument 1147
affecting title to real property, including the drafting or 1148
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preparation of legal descriptions of real property therein, 1149
provided that such drafting does not involve determining boundary 1150
locations through measurement, boundary retracement or monument 1151
placement in the field; or preparing any subdivision legal 1152
description, lot layout or plat to be submitted for county or 1153
municipal approval when bearings, distances or measurements are 1154
required to establish new boundary lines on the ground; or 1155
preparing metes and bounds descriptions when newly created 1156
bearings, distances or measurements are needed to properly 1157
describe the tract being conveyed; and (iv) the practice of 1158
geology as regulated pursuant to Title 73, Chapter 63; 1159
(b) The work of an employee or a subordinate of a 1160
person holding a license under this chapter, provided such work 1161
does not include final designs or decisions and is done under the 1162
responsibility, checking and supervision of a person holding a 1163
license under this chapter; 1164
(c) The practice of officers and employees of the 1165
government of the United States while engaged within this state in 1166
the practice of engineering or surveying for the federal 1167
government; 1168
(d) The performance of engineering services by any 1169
regular full-time employee of a manufacturing, research and 1170
development, railroad or other industrial corporation, provided: 1171
(i) Such services are rendered on or in connection 1172
with existing fixed works, equipment, systems, processes or 1173
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facilities owned, operated, or leased by such corporation and/or 1174
its affiliates; 1175
(ii) Such services are not rendered to third 1176
parties; 1177
(iii) Such services do not consist of original 1178
plant design, original system design, or original process design, 1179
other than routine system extensions that do not compromise the 1180
integrity of the original design; 1181
(iv) Such services comply with all requirements 1182
specified by the employee's company or corporation; 1183
(v) All fixed works, equipment, systems, processes 1184
or facilities modified by such services undergo a safety review 1185
that confirms: 1. the construction and equipment is in accordance 1186
with design specifications; and 2. safety, operating, maintenance 1187
and emergency procedures are in place to safeguard life, health 1188
and property; 1189
(vi) Such services are not required to be 1190
performed, approved, or certified by a professional engineer 1191
pursuant to law or regulation, whether federal, state or local, 1192
other than as defined in this chapter or any applicable rules or 1193
regulations promulgated by the board. 1194
That this paragraph (d) is intended to codify the policy and 1195
practices of the board at the time of enactment of this Chapter 1196
534, Laws of 1999, and any ambiguities in this subsection should 1197
be construed in accordance with this intent; 1198
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(e) The performance of engineering or surveying 1199
services with respect to utility facilities by any public utility 1200
subject to regulation by the Mississippi Public Service 1201
Commission, the Federal Communications Commission, the Federal 1202
Energy Regulatory Commission, or the Nuclear Regulatory 1203
Commission, including its parents, affiliates and subsidiaries, 1204
provided that they are engaged solely and exclusively in 1205
performing service for such public utility and/or its parents, 1206
affiliates or subsidiaries, and as long as such services comply 1207
with all standard operating procedures and requirements specified 1208
by the employee's company or corporation. This exemption shall 1209
not extend to: (i) the practice of engineering or surveying 1210
performed by public utilities or their officers or employees when 1211
such services are rendered to nonaffiliated third parties in 1212
exchange for compensation other than that received from their 1213
employer, or the use of any name, title or words which tend to 1214
convey the impression that a nonlicensee is offering engineering 1215
or surveying services to the public; and (ii) services which are 1216
required to be performed, approved or certified by a professional 1217
engineer or professional surveyor pursuant to law or regulation 1218
whether federal, state or local, other than this chapter hereof or 1219
any applicable rules or regulations promulgated by the board. 1220
That this paragraph (e) is intended to codify the policy and 1221
practices of the board at the time of enactment of Chapter 534, 1222
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Laws of 1999, and that any ambiguities in this subsection should 1223
be construed in accordance with this intent; 1224
(f) The practice of engineering shall not include the 1225
work ordinarily performed by persons who operate or maintain 1226
machinery, equipment, water plants, power generation, utility 1227
transmission, utility distribution facilities, sewage plants and 1228
solid waste disposal facilities; 1229
(g) Activities conducted during the course of, or in 1230
anticipation of, litigation including, but not limited to: 1231
analyzing, evaluating, consulting, reconstructing, testing, 1232
responding to the opinions and testing conducted by others, and 1233
offering expert testimony. However, this exemption shall not 1234
apply in legal proceedings where the subject matter of the 1235
litigation or claim is nonforensic engineering activity legally 1236
required to be performed under a Mississippi engineer's license; 1237
(h) Certain elected or appointed county surveyors. A 1238
county surveyor as provided in Section 135 of the Mississippi 1239
Constitution, and Sections 19-27-1 through 19-27-35 implementing 1240
the constitutional provision, who holds the office of county 1241
surveyor by either election or appointment, shall be exempt from 1242
the provisions of this chapter provided he or she held the office 1243
of county surveyor by either election or appointment on or before 1244
December 31, 1983; 1245
(i) The work of a regular employee of a railroad, 1246
rendering to the railroad surveying services in connection with 1247
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its facilities within the exclusive scope of his or her employment 1248
provided that: 1249
(i) Any new right-of-way acquisitions for 1250
construction of rail lines by class one railroads shall be 1251
surveyed and platted in compliance with the Mississippi Standards 1252
of Practice for Surveying by a Mississippi professional surveyor; 1253
and 1254
(ii) Upon the removal of track and disposition of 1255
an abandoned rail line the railroad shall retain and make 1256
available upon reasonable request from Mississippi licensed 1257
surveyors the railroad's valuation surveys for any abandoned rail 1258
line; 1259
(j) The practice of geologists performing geologic 1260
mapping insofar as such practice does not encompass tasks or 1261
projects included by statute in the scope of work comprising the 1262
practice of professional surveying as defined in this chapter; or 1263
(k) Any municipality or county from creating maps for 1264
use in planning, zoning, taxing, elections, police or fire, E-911, 1265
public works, transportation or related activities. However, if 1266
any such document does not bear the seal and signature of a 1267
professional surveyor, the document shall not be considered to be 1268
certifiably accurate as to position or location, nor shall the 1269
document be considered to be an official survey. 1270
(2) In addition to the exemptions provided in subsection (1) 1271
of this section, there is granted and reserved to the board the 1272
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authority to exempt from this chapter by regulations specific 1273
engineering or surveying tasks or functions performed by regular 1274
full-time employees of manufacturing, public utility, research and 1275
development, railroad or other industrial corporations rendered in 1276
the course and scope of their employment, on a case by case basis, 1277
if, in the opinion of the board, the public health and welfare is 1278
not endangered and the engineering and surveying professions are 1279
not diminished. 1280
SECTION 26. Sections 73-13-71, 73-13-73, 73-13-75, 73-13-77, 1281
73-13-79, 73-13-81, 73-13-83, 73-13-85, 73-13-87, 73-13-89, 1282
73-13-93, 73-13-95, 73-13-97, 73-13-103 and 73-13-105, Mississippi 1283
Code of 1972, which provide for the licensure of land surveyors, 1284
are repealed. 1285
SECTION 27. Section 19-27-1, Mississippi Code of 1972, is 1286
amended as follows: 1287
19-27-1. There shall be elected for each county a surveyor 1288
who shall take and subscribe the oath of office prescribed by the 1289
Constitution and give bond, with sufficient surety, to be payable, 1290
conditioned and approved as provided by law and in the same manner 1291
as other county officials, in a penalty not less than Fifty 1292
Thousand Dollars ($50,000.00). 1293
From and after January 1, 1984, such surveyor shall be a 1294
registered land surveyor as provided for in Sections * * * 73-13-1 1295
through 73-13-49. However, this requirement shall not apply to 1296
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any person who was holding the office of county surveyor by either 1297
election or appointment on December 31, 1983. 1298
SECTION 28. Section 73-63-5, Mississippi Code of 1972, is 1299
amended as follows: 1300
73-63-5. The following words shall have the meanings 1301
ascribed in this section, unless the context clearly indicates 1302
otherwise: 1303
(a) "Board" means the board of registered professional 1304
geologists created under this chapter. 1305
(b) "Certified geologist" means a geologist who has 1306
been certified by a professional geologic organization, society or 1307
association, including, but not limited to, the American 1308
Association of Petroleum Geologists and the American Institute of 1309
Professional Geologists, which has certification requirements 1310
recognized by the board. 1311
(c) "Fund" means the registered professional geologists 1312
fund created under Section 73-63-21. 1313
(d) "Geologist" means an individual who, by reason of 1314
knowledge of geology, mathematics and the supporting physical and 1315
life sciences acquired by education and practical experience, is 1316
qualified to engage in the practice of geology. 1317
(e) "Geologist-in-training" means an individual who has 1318
met the academic qualifications established by the board, who has 1319
successfully passed a written examination demonstrating a 1320
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knowledge of the fundamentals of geology, and who has been 1321
enrolled as a geologist-in-training by the board. 1322
(f) "Geology" means the science which includes the 1323
study of the earth and its origin and history. Geology includes 1324
the investigation of the earth's constituent rocks, minerals, 1325
solids and fluids, including surface and underground waters, gases 1326
and other materials and the study of the natural agents, forces 1327
and processes which cause changes in the earth. 1328
(g) "Person" means any individual, trust, firm, joint 1329
stock company, public or private corporation (including a 1330
government corporation), partnership, association, state, or any 1331
agency or institution thereof, municipality, commission, political 1332
subdivision of a state or any interstate body, and includes any 1333
officer or governing or managing body of any municipality, 1334
political subdivision, or the United States or any officer or 1335
employee thereof. 1336
(h) "Practice of geology" means any professional 1337
service to determine and evaluate the geology of the earth 1338
requiring geologic education, training, experience and the 1339
application of special knowledge of the mathematical, physical and 1340
geologic sciences to those services, including, but not limited 1341
to, consultation, investigation, evaluation, planning, surveying 1342
(unless licensed under Sections * * * 73-13-1 through 73-13-49), 1343
mapping and inspection of geologic work. 1344
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(i) "Registered professional geologist" means a 1345
geologist who has met the academic and experience qualifications 1346
established by the board and has been issued a certificate of 1347
registration as a registered professional geologist by the board. 1348
(j) "Registrant" means any individual who holds a 1349
certificate of registration or certificate of enrollment issued 1350
under this chapter. 1351
(k) "Responsible charge" means the independent control 1352
and direction, by use of initiative, skill and independent 1353
judgment, of geologic work or the supervision of that work. 1354
(l) "Subordinate" means any individual who assists in 1355
the practice of geology by a registered professional geologist 1356
without assuming the responsible charge of the work. 1357
(m) "Specialty" means any branch or discipline of 1358
geology that may be recognized under this chapter or regulations 1359
promulgated by the board for certifying specialization in a 1360
specific geologic field of study or related scientific field of 1361
study, or both. 1362
(n) "Welfare" means physical and financial welfare. 1363
SECTION 29. Section 85-7-401, Mississippi Code of 1972, is 1364
amended as follows: 1365
85-7-401. The following words and phrases shall have the 1366
meanings ascribed herein unless the context clearly indicates 1367
otherwise: 1368
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(a) "Business day" means any day that is not a 1369
Saturday, Sunday, or legal holiday. 1370
(b) "Contractor" means a contractor having privity of 1371
contract with the owner or lessee of the real estate. 1372
(c) "Lien action" means a civil action against the 1373
owner of improved property to perfect and make permanent the lien 1374
created by Section 85-7-403. 1375
(d) "Payment action" means a lawsuit, proof of claim in 1376
a bankruptcy case, or a binding arbitration. 1377
(e) "Professional surveyor" has the meaning given in 1378
Section * * * 73-13-3. 1379
(f) "Materials" means materials, tools, appliances, 1380
machinery, or equipment used in making improvements to the real 1381
estate. 1382
(g) "Materialmen" or "materialman" means all persons 1383
furnishing the materials, tools, appliances, machinery, or 1384
equipment included in the definition of materials to a contractor 1385
or to a subcontractor in privity with the contractor. 1386
(h) "Professional engineer" has the meaning given in 1387
Section 73-13-3. 1388
(i) "Residential property" means single-family and 1389
two-family, three-family, and four-family residential real estate. 1390
(j) "Statutory overnight delivery" means delivery of a 1391
document through the United States Postal Service or through a 1392
commercial firm that is regularly engaged in the business of 1393
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document delivery or document and package delivery in which the 1394
sender: 1395
(i) Has directed that delivery be not later than 1396
the next business day following the day on which the document is 1397
received for delivery by the United States Postal Service or the 1398
commercial firm; and 1399
(ii) Receives a receipt acknowledging receipt of 1400
the document signed by addressee or an agent of the addressee. 1401
(k) "Subcontractor" means subcontractors having privity 1402
of contract with the contractor; "subcontractor" also means 1403
subcontractors having privity of contract with a subcontractor 1404
having privity of contract with the contractor. 1405
(l) "Registered architect" has the meaning given in 1406
Section 73-1-3. 1407
(m) "Design professional" includes professional 1408
surveyors, professional engineers and registered architects. 1409
SECTION 30. Section 97-17-85, Mississippi Code of 1972, is 1410
amended as follows: 1411
97-17-85. Except as otherwise provided in Sections * * * 1412
73-13-47 and 49-7-79, if any person shall go upon the enclosed 1413
land of another without his consent, after having been notified by 1414
such person or his agent not to do so, either personally or by 1415
published or posted notice, or shall remain on such land after a 1416
request by such person or his agent to depart, he shall, upon 1417
conviction, be fined not more than Fifty Dollars ($50.00) for such 1418
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offense. The provisions of this section shall apply to land not 1419
enclosed where the stock law is in force. 1420
SECTION 31. Section 97-17-93, Mississippi Code of 1972, is 1421
amended as follows: 1422
97-17-93. (1) Any person who knowingly enters the lands of 1423
another without the permission of or without being accompanied by 1424
the landowner or the lessee of the land, or the agent of such 1425
landowner or lessee, shall be guilty of a misdemeanor and, upon 1426
conviction, shall be punished for the first offense by a fine of 1427
Two Hundred Fifty Dollars ($250.00). Upon conviction of any 1428
person for a second or subsequent offense, the offenses being 1429
committed within five (5) years of the last offense, such person 1430
shall be punished by a fine of Five Hundred Dollars ($500.00), and 1431
may be imprisoned in the county jail for a period of not less than 1432
ten (10) nor more than thirty (30) days, or by both such fine and 1433
imprisonment. This section shall not apply to the landowner's or 1434
lessee's family, guests, or agents, to a surveyor as provided in 1435
Section * * * 73-13-47, or to persons entering upon such lands for 1436
lawful business purposes. 1437
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, 1438
constables and conservation officers to enforce this section. 1439
(b) Such officers shall enforce this section by issuing 1440
a citation to those charged with trespassing under this section. 1441
(3) The provisions of this section are supplementary to the 1442
provisions of any other statute of this state. 1443
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(4) A prosecution under the provisions of this section shall 1444
be dismissed upon the request of the landowner, lessee of the land 1445
or agent of such landowner or lessee, as the case may be. 1446
SECTION 32. Section 97-17-97, Mississippi Code of 1972, is 1447
amended as follows: 1448
97-17-97. (1) Except as otherwise provided in Section * * * 1449
73-13-47, if any person or persons shall without authority of law 1450
go into or upon or remain in or upon any building, premises or 1451
land of another, including the premises of any public housing 1452
authority after having been banned from returning to the premises 1453
of the housing authority, whether an individual, a corporation, 1454
partnership, or association, or any part, portion or area thereof, 1455
after having been forbidden to do so, either orally or in writing 1456
including any sign hereinafter mentioned, by any owner, or lessee, 1457
or custodian, or other authorized person, or by the administrators 1458
of a public housing authority regardless of whether or not having 1459
been invited onto the premises of the housing authority by a 1460
tenant, or after having been forbidden to do so by such sign or 1461
signs posted on, or in such building, premises or land, or part, 1462
or portion, or area thereof, at a place or places where such sign 1463
or signs may be reasonably seen, such person or persons shall be 1464
guilty of a misdemeanor, and, upon conviction thereof, shall be 1465
punished by a fine of not more than Five Hundred Dollars ($500.00) 1466
or by confinement in the county jail not exceeding six (6) months, 1467
or by both such fine and imprisonment. 1468
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ST: Licensure of land surveyors; merge into
licensure of engineers.
(2) The provisions of this section are supplementary to the 1469
provisions of any other statute of this state. 1470
SECTION 33. This act shall take effect and be in force from 1471
and after July 1, 2026. 1472