Professional Engineers and surveyors; revise code sections related to.

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To: Business and Financial
Institutions
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2706

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 PROVIDE THAT THE TERMS OF OFFICE FOR THE NEWLY 9
CONSTITUTED BOARD SHALL BE SIX YEARS; TO REVISE THE QUALIFICATIONS 10
OF THE BOARD MEMBERS; TO PROVIDE THAT MEMBERS OF THE BOARD SHALL 11
HOLD FOUR QUARTERLY MEETINGS EACH YEAR, AND FAILURE TO ATTEND TWO 12
CONSECUTIVE QUARTERLY MEETINGS MAY RESULT IN REMOVAL FROM THE 13
BOARD; TO INCREASE THE APPLICATION FEES, THE RENEWAL FEES AND 14
CERTIFICATE OF AUTHORITY FEES FOR LICENSURE AS A PROFESSIONAL 15
ENGINEER OR PROFESSIONAL SURVEYOR; TO PROVIDE THAT A SOLE 16
PROPRIETORSHIP, OWNED AND OPERATED BY A LICENSEE, AND A 17
PROFESSIONAL ASSOCIATION OF LICENSED PROFESSIONAL ENGINEERS OR 18
LICENSED PROFESSIONAL SURVEYORS SHALL NOT BE REQUIRED TO OBTAIN A 19
CERTIFICATE OF AUTHORITY; TO CREATE NEW SECTION 73-13-47, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SURVEYOR MAY ENTER IN 21
OR UPON CERTAIN LANDS WITHOUT CRIMINAL LIABILITY FOR TRESPASS; TO 22
PROVIDE LIMITED CIVIL LIABILITY FOR THE SURVEYOR; TO CREATE NEW 23
SECTION 73-13-49, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE 24
APPLICABILITY OF THE SECTIONS RELATED TO LICENSURE OF PROFESSIONAL 25
ENGINEERS AND PROFESSIONAL SURVEYORS AND THAT CERTAIN ACTIVITIES 26
SHALL NOT BE PREVENTED OR AFFECTED AS A RESULT OF THOSE SECTIONS; 27
TO REPEAL SECTIONS 73-13-71 THROUGH 73-13-105, MISSISSIPPI CODE OF 28
1972, WHICH PROVIDE FOR THE LICENSURE OF LAND SURVEYORS; TO AMEND 29
SECTIONS 19-27-1, 73-63-5, 85-7-401, 97-17-85, 97-17-93 AND 30
97-17-97, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS 31
OF THIS ACT; AND FOR RELATED PURPOSES. 32
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
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SECTION 1. Section 73-13-1, Mississippi Code of 1972, is 34
amended as follows: 35
73-13-1. In order to safeguard life, health, and property, 36
and to promote the public welfare, any person or firm in either 37
public or private capacity practicing or offering to practice 38
engineering or surveying shall hereafter be required to submit 39
evidence that the person or firm is qualified * * * to practice 40
engineering or surveying and shall be licensed as hereinafter 41
provided; and it shall be unlawful for any person or firm to 42
practice or to offer to practice in this state, engineering or 43
surveying, as defined in the provisions of * * * this chapter, or 44
to use in connection with his or her name or otherwise assume, 45
use, or advertise any title or description tending to convey the 46
impression that he or she is a professional engineer or 47
professional surveyor, unless such person has been duly licensed 48
under the provisions of * * * this chapter. There is specifically 49
reserved to engineering graduates of all universities and colleges 50
accredited by a regional accrediting body that is recognized by 51
the United States Department of Education, the right to disclose 52
any college degrees received by such individuals and use the words 53
"graduate engineer" on * * * their stationery, business cards and 54
personal communications of any character. 55
SECTION 2. Section 73-13-3, Mississippi Code of 1972, is 56
amended as follows: 57
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73-13-3. (1) The term "engineer" as used in * * * this 58
chapter shall mean a professional engineer as hereinafter defined. 59
(2) The term "professional engineer" within the meaning and 60
intent of * * * this chapter shall mean a person who has met the 61
qualifications as required under * * * this chapter and who has 62
been issued a * * * license as a professional engineer. 63
(3) The term "engineer intern" as used in * * * this chapter 64
shall mean a candidate for licensure as a professional engineer 65
who has met the qualifications as required under * * * this 66
chapter and who has been * * * enrolled as an engineer intern. 67
(4) The term "practice of engineering" within the meaning 68
and intent of * * * this chapter shall mean any service or 69
creative work the adequate performance of which requires 70
engineering education, training, and experience in the application 71
of special knowledge of the mathematical, physical, and 72
engineering sciences to such services or creative work as 73
consultation, investigation, expert technical testimony 74
evaluation, planning, design, and design coordination of 75
engineering works and systems, planning the use of land, air and 76
water, performing engineering surveys and studies, and the review 77
of construction for the purpose of monitoring compliance with 78
drawings and specifications; any of which embraces such 79
engineering services or work, either public or private, in 80
connection with any utilities, water resources, structures, 81
buildings, machines, equipment, processes, work systems, projects, 82
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communication systems, transportation systems, industrial or 83
consumer products or equipment of control systems; or engineering 84
services or work of a communications, mechanical, electrical, 85
hydraulic, pneumatic, chemical, geotechnical (including geology 86
and geohydrology incidental to the practice of engineering), 87
geological, environmental, or thermal nature, insofar as they 88
involve safeguarding life, health or property, and including such 89
other professional services as may be necessary to the planning, 90
progress and completion of any engineering services. 91
Design coordination includes the review and coordination of 92
those technical submissions prepared by others, including as 93
appropriate and without limitation, consulting engineers, 94
surveyors, architects, landscape architects and other 95
professionals working under direction of the engineer. 96
Engineering surveys include all survey activities required to 97
support the sound conception, planning, design, construction, 98
maintenance and operation of engineered projects but exclude the 99
practice of surveying as defined in this chapter. 100
(5) The term "surveyor" or "professional surveyor," within 101
the meaning and intent of this chapter, shall mean a person who 102
has met the qualifications as required under this chapter and who 103
has been issued a license as a professional surveyor. 104
(6) The term "surveyor intern," as used in this chapter, 105
shall mean a candidate for licensure as required under this 106
chapter and who has been enrolled as a surveyor intern. 107
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(7) The "practice of surveying," within the meaning and 108
intent of this chapter, shall mean providing, or offering to 109
provide, professional services such as consultation, 110
investigation, testimony evaluation, expert technical testimony, 111
planning, mapping, assembling and interpreting reliable scientific 112
measurements and information relative to the location, size, shape 113
or physical features of the earth, improvements on the earth, the 114
space above the earth, or any part of the earth, utilization and 115
development of these facts and interpretation into an orderly 116
survey map, plan or report and in particular, the retracement of 117
or the creating of land boundaries and descriptions of real 118
property. The practice of surveying includes, but is not limited 119
to, the following: 120
(a) Locating, relocating, establishing, reestablishing, 121
laying out or retracing any property boundary or easement; 122
(b) Making a survey for the subdivision of any tract of 123
land, including rights-of-way and easements; 124
(c) Determining, by the use of principles of surveying, 125
the position for any survey monument or reference point; or 126
setting, resetting or replacing any such monument or reference 127
point, commonly known as control surveys; and/or 128
(d) Creating, preparing or modifying electronic 129
computerized data, including land information systems and 130
geographic systems, relative to the performance of the activities 131
in paragraphs (a) through (c) of this subsection (7). 132
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(8) The term "responsible charge" as used in this chapter 133
shall mean direct control and personal supervision of engineering 134
or surveying work, as the case may be. A licensee is in 135
responsible charge of engineering or surveying work if a licensee: 136
(a) Has and exercises the authority to review and to 137
change, reject or approve both the work in progress and the final 138
work product, through examination, evaluation, communication and 139
direction throughout the development of the work; 140
(b) Is personally aware of the project's scope, needs, 141
parameters, limitations and special requirements; 142
(c) Is capable of answering questions relevant to the 143
engineering or surveying decisions made as part of the services 144
provided, in sufficient detail to demonstrate reasonable knowledge 145
of and proficiency in the work; and 146
(d) Accepts full responsibility for the work. 147
(9) The term "firm," as used in * * * this chapter, shall 148
mean a business entity that offers * * * professional engineering 149
or surveying services to the public of its licensed personnel who 150
are either employees, officers, directors, partners, members or 151
managers. A business entity may be formed as either: 152
(a) A professional service corporation; 153
(b) A corporation; 154
(c) A partnership, including limited partnerships and 155
limited liability partnerships; or 156
(d) A limited liability company. 157
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* * * 158
(10) The term "board" as used in * * * this chapter shall 159
mean the Board of Licensure for Professional Engineers and 160
Surveyors provided for by * * * this chapter. 161
SECTION 3. Section 73-13-5, Mississippi Code of 1972, is 162
amended as follows: 163
73-13-5. A Board of Licensure for Professional Engineers and 164
Surveyors is * * * created whose duty it shall be to administer 165
the provisions of * * * this chapter. The board shall consist of 166
six (6) licensed professional engineers, * * * and three (3) 167
licensed professional surveyors who are not licensed professional 168
engineers, * * * all of whom shall have the qualifications 169
required by * * * this chapter. The members of the board shall be 170
appointed * * * by the Governor from lists of nominees as 171
described below. State surveying societies, councils or 172
associations that are affiliated with national surveying 173
organizations shall provide surveyor nominees to the Governor for 174
consideration no less than ninety (90) days before the expiration 175
of a surveyor board member's term. State engineering societies or 176
councils that are affiliated with national organizations shall 177
provide engineer nominees to the Governor for consideration no 178
less than ninety (90) days before the expiration of an engineer 179
board member's term. The board so appointed shall have two (2) 180
engineer members and one (1) surveyor member from each of the 181
three (3) state Supreme Court districts, designated by 182
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district, * * * and shall serve for * * * six (6) years, or until 183
their successors are duly appointed and qualified. 184
The Supreme Court District 1 engineer members shall be 185
designated as Post 1 and Post 4, and the survey member shall be 186
designated as Post 7. The Supreme Court District 2 engineer 187
members shall be designated as Post 2 and Post 5, and the survey 188
member shall be designated as Post 8. The Supreme Court District 189
3 engineer members shall be designated as Post 3 and Post 6, and 190
the surveyor member shall be designated as Post 9. 191
The initial appointments and terms of office shall be made by 192
the Governor as follows: 193
Posts 1, 2 and 9 shall be appointed for six-year terms that 194
begin on July 1, 2026. 195
Posts 3, 4 and 8 shall be appointed for six-year terms that 196
begin on July 1, 2028. 197
Posts 5, 6 and 7 shall be appointed for six-year terms that 198
begin on July 1, 2030. 199
At the expiration of their term, members of the board shall 200
be appointed by the Governor in the manner prescribed in this 201
chapter for terms of six (6) years from the expiration date of the 202
previous term. 203
* * * Each member of the board shall receive a * * * 204
commission from the Governor, and before beginning his or her term 205
of office he or she shall file with the Secretary of State the 206
constitutional oath of office. On the expiration of the term of 207
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any member, the Governor shall in the manner herein provided 208
appoint for a term of * * * six (6) years a licensed professional 209
engineer or a licensed professional surveyor having the 210
qualifications required by * * * this chapter to take the place of 211
the member of the board whose term is about to expire. Each 212
member shall hold office until the expiration of the term for 213
which such member is appointed or until a successor shall have 214
been duly appointed and shall have qualified. 215
* * * 216
Any vacancy on the board prior to the expiration of a term 217
for any reason, including resignation, removal, disqualification, 218
death or disability, shall be filled by appointment of the 219
Governor in the manner prescribed in this * * * chapter for the 220
balance of the unexpired term. The * * * Governor shall fill such 221
vacancies within ninety (90) days after each such vacancy occurs. 222
It shall not be considered the duty of the State of 223
Mississippi to provide office space and office equipment for the 224
board herein created. 225
No member of the board shall, during the term of his or her 226
office or thereafter, be required to defend any action for damages 227
in any of the courts of this state where it is shown that said 228
damage followed or resulted from any of the official acts of said 229
board in the performance of its powers, duties or authority as set 230
forth in this chapter. Any such action filed shall upon motion be 231
dismissed, at the cost of the plaintiff, with prejudice. 232
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SECTION 4. Section 73-13-7, Mississippi Code of 1972, is 233
amended as follows: 234
73-13-7. Each member of the board shall be a citizen of the 235
United States and shall have been a resident of the state for at 236
least five (5) years prior to the appointment. He or she shall be 237
at least * * * thirty-five (35) years of age, shall have been 238
engaged as a licensed professional in the practice of engineering 239
or surveying, as the case may be, for at least ten (10) years and 240
shall have been in responsible charge of important engineering or 241
surveying work, as the case may be, for at least five (5) years, 242
and shall not have been subject to disciplinary action as 243
described in this chapter for the previous ten (10) years. Each 244
year of teaching engineering or surveying in a school or college 245
shall be equivalent to a year of responsible charge of engineering 246
or surveying work. Not more than two (2) members of the board at 247
any time may be teachers of engineering in the universities or 248
colleges of the state. All members of the board shall be licensed 249
professional engineers or licensed professional surveyors, as the 250
case may be. 251
SECTION 5. Section 73-13-9, Mississippi Code of 1972, is 252
amended as follows: 253
73-13-9. Each member of the board shall receive per diem in 254
accordance with Section 25-3-69 when actually attending to the 255
work of the board or any of its committees, and shall be 256
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reimbursed for traveling expenses in accordance with Section 257
25-3-41 in carrying out the provisions of * * * this chapter. 258
SECTION 6. Section 73-13-11, Mississippi Code of 1972, is 259
amended as follows: 260
73-13-11. The Governor may remove any member of the board 261
for misconduct, incompetency, neglect of duty, failure to attend 262
two (2) consecutive quarterly meetings, or for any other 263
sufficient cause. * * * 264
SECTION 7. Section 73-13-13, Mississippi Code of 1972, is 265
amended as follows: 266
73-13-13. The board shall hold at least * * * four (4) 267
regular quarterly meetings each year * * *. Special meetings 268
shall be held at such time as the regulations of the board may 269
provide. Notice of all meetings shall be given in such manner as 270
the regulations of the board may provide. The board shall elect 271
annually, at a regular or special meeting, the following officers: 272
a president, a vice president, and a secretary. A quorum of the 273
board shall consist of not less than five (5) members. 274
SECTION 8. Section 73-13-15, Mississippi Code of 1972, is 275
amended as follows: 276
73-13-15. The board shall have the power to adopt and amend 277
all regulations and rules of procedure, * * * consistent with the 278
Constitution and laws of this state, which may be reasonably 279
necessary for the proper performance of its duties and the 280
regulations of the proceedings before it. The board shall adopt 281
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and have an official seal. It shall not be required to post bond 282
on appeals. The board shall have the further power and authority 283
to: 284
(a) Establish standards of conduct and ethics; 285
(b) Institute proceedings in its own name; 286
(c) Promulgate rules restricting competitive bidding; 287
(d) Promulgate rules limiting or restricting 288
advertising; 289
(e) Promulgate rules requiring a demonstration of 290
continuing education; 291
(f) Adopt and promulgate reasonable bylaws and rules 292
and regulations necessary or appropriate for the proper 293
fulfillment of its duties under state laws pertaining thereto; 294
(g) Provide for the enforcement of * * * the laws of 295
the State of Mississippi and, in particular, the provisions of 296
this chapter, and the bylaws, rules and regulations of the board; 297
(h) Provide by appropriate rules and regulations, 298
within the provisions of this chapter, a system for taking the 299
disciplinary actions provided for in * * * this chapter, including 300
the imposition of fines as provided therein; 301
(i) Investigate, prosecute or initiate prosecution for 302
violation of the laws of this state pertaining to the practices of 303
engineering and surveying, or matters affecting the rights and 304
duties or otherwise related thereto; 305
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(j) Adopt rules setting forth qualifications and 306
standards of practice for firms; and 307
(k) Provide by appropriate rules and regulations, 308
within the provisions of this chapter, a system for the * * * 309
renewal of * * * licenses. 310
In carrying into effect the provisions of * * * this chapter, 311
the board, under the hand of its president or secretary and the 312
seal of the board may subpoena witnesses and compel their 313
attendance, and also may require the production of * * * records 314
and data in any case involving the disciplinary actions provided 315
for in * * * this chapter for practicing or offering to practice 316
without licensure. Any member of the board may administer oaths 317
or affirmations to witnesses appearing before the board. If any 318
person shall refuse to obey any subpoena so issued, or shall 319
refuse to testify or produce any * * * records or data, the board 320
may present its petition to such authority as may have 321
jurisdiction, setting forth the facts, and thereupon such 322
authority shall, in a proper case, issue its subpoena to such 323
person, requiring his or her attendance before such authority and 324
there to testify or to produce such * * * records and data, as may 325
be deemed necessary and pertinent by the board. Any person 326
failing or refusing to obey the subpoena or order of the said 327
authority may be proceeded against in the same manner as for 328
refusal to obey any other subpoena or order of the authority. 329
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The board is authorized and empowered to examine applicants 330
for licensure to practice engineering or surveying; to license all 331
applicants whom it deems qualified to practice engineering or 332
surveying in accordance with this chapter; and to revoke licenses 333
for just cause as provided for in this chapter. 334
SECTION 9. Section 73-13-17, Mississippi Code of 1972, is 335
amended as follows: 336
73-13-17. (1) The board shall keep an account of all monies 337
derived from the operation of * * * this chapter. All fees and 338
any other monies received by the board shall be deposited in a 339
special fund that is created in the State Treasury and shall be 340
used for the implementation and administration of * * * this 341
chapter when appropriated by the Legislature for such purpose. 342
The monies in the special fund shall be subject to all provisions 343
of the state budget laws that are applicable to special fund 344
agencies, and disbursements from the special fund shall be made by 345
the State Treasurer only upon warrants issued by the State Fiscal 346
Officer upon requisitions signed by the executive director of the 347
board and countersigned by the secretary of the board. Any 348
interest earned on this special fund shall be credited by the 349
State Treasurer to the fund and shall not be paid into the State 350
General Fund. Any unexpended monies remaining in the special fund 351
at the end of a fiscal year shall not lapse into the State General 352
Fund. The State Auditor shall audit the financial affairs of the 353
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board and the transactions involving the special fund at least 354
once a year in the same manner as for other special fund agencies. 355
(2) The executive director and the secretary of the board 356
shall give a surety bond satisfactory to the other members of the 357
board, conditioned upon the faithful performance of their duties. 358
The premium on said bond shall be regarded as a proper and 359
necessary expense of the board. When any member of the board or 360
any employee thereof is engaged on business of the board away from 361
the principal office of the board, he or she shall be entitled to 362
receive expenses as authorized in Section 25-3-41, and members of 363
the board shall be entitled to per diem in an amount not to exceed 364
that authorized in Section 25-3-69, all as approved by the board. 365
(3) The board shall employ an executive director and may 366
employ such clerical or other assistants as are necessary for the 367
proper performance of its work, and may make expenditures for any 368
purpose which, in the opinion of the board, are reasonably 369
necessary for the proper performance of its duties under this 370
chapter. 371
SECTION 10. Section 73-13-19, Mississippi Code of 1972, is 372
amended as follows: 373
73-13-19. The board shall keep a record of its proceedings 374
and a register of all applications for licensure, which register 375
shall show (a) the name, age and residence of such applicant, (b) 376
the date of the application, (c) the place of business of such 377
applicant, (d) his or her educational and other qualifications, 378
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(e) whether or not an examination was required, (f) whether the 379
applicant was rejected, (g) whether a * * * license was granted, 380
(h) the date of the action of the board, and (i) such other 381
information as may be deemed necessary by the board. 382
The records of the board shall be prima facie evidence of the 383
proceedings of the board set forth therein, and a transcript 384
thereof, duly certified by the executive director of the board 385
under seal, shall be admissible in evidence with the same force 386
and effect as if the original were produced. 387
Annually, on or before March 15, the board shall submit to 388
the Governor a report of its transactions of the preceding 389
year * * * and shall file with the Secretary of State a copy of 390
such report of the board, attested by affidavits of its president 391
and its secretary. 392
SECTION 11. Section 73-13-21, Mississippi Code of 1972, is 393
amended as follows: 394
73-13-21. A roster showing the names and places of business 395
or residence of all licensed professional engineers and licensed 396
professional surveyors and licensed firms shall be * * * 397
maintained by the board. 398
SECTION 12. Section 73-13-23, Mississippi Code of 1972, is 399
amended as follows: 400
73-13-23. (1) (a) The following shall be considered as 401
minimum evidence satisfactory to the board that the applicant is 402
qualified for licensure as a professional engineer: 403
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Graduation from a bachelor's program in * * * 404
engineering * * * from a school or college approved by the board 405
as of satisfactory standing or graduation from a bachelor's 406
program in * * * engineering * * * or engineering technology, or 407
related science curriculum * * * from a school or college other 408
than those approved by the board plus a graduate degree in an 409
engineering curriculum from a school or college wherein the same 410
engineering curriculum at the undergraduate level is approved by 411
the board as of satisfactory standing; a specific record of four 412
(4) years of qualifying engineering experience indicating that the 413
applicant is competent to practice engineering (in counting years 414
of experience, the board at its discretion may give credit not in 415
excess of three (3) years for satisfactory graduate study in 416
engineering), and the successful passing of examinations in 417
engineering as prescribed by the board. 418
(b) In considering the qualifications of applicants, 419
engineering teaching may be construed as engineering experience. 420
(c) The mere execution, as a contractor, of work 421
designed by a professional engineer, or the supervision of the 422
construction of such work as a foreman or superintendent shall not 423
be deemed to be the practice of engineering. 424
(d) Any person having the necessary qualifications 425
prescribed in * * * this chapter to entitle him or her to 426
licensure shall be eligible for such licensure although he or she 427
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may not be practicing his or her profession at the time of making 428
his or her application. 429
(e) No person shall be eligible for licensure as a 430
professional engineer who is not of good character and reputation, 431
as defined in the board's Code of Professional Conduct, or who 432
presents claims in support of his or her application which contain 433
major discrepancies. 434
(2) The following shall be considered as minimum evidence 435
satisfactory to the board that the applicant is qualified for 436
enrollment as an engineer intern: 437
(a) Graduation from a bachelor's program in * * * 438
engineering * * * from a school or college approved by the board 439
as of satisfactory standing or graduation in an engineering * * * 440
or engineering technology, or related science * * * from a school 441
or college other than those approved by the board plus a graduate 442
degree in an engineering curriculum from a school or college 443
wherein that same engineering curriculum at the undergraduate 444
level is approved by the board as of satisfactory standing; and 445
(b) Successfully passing a written examination in * * * 446
fundamental engineering subjects. 447
(3) The following shall be considered as minimum evidence 448
satisfactory to the board that the applicant is qualified for 449
licensure as a professional surveyor: 450
(a) (i) A bachelor's degree in geomatics, surveying or 451
surveying technology approved by the board consisting of a minimum 452
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of one hundred twenty (120) semester hours, or the equivalent, in 453
surveying curriculum subjects and a specific record of four (4) 454
years of qualifying surveying experience; or 455
(ii) A bachelor's degree in a related science 456
curriculum defined by board rule, consisting of sixty-two (62) 457
semester hours in surveying curriculum subjects as defined by 458
board rule, and a specific record of five (5) years of qualifying 459
surveying experience; or 460
(iii) A bachelor's degree in a related science 461
curriculum defined by board rule, and a specific record of six (6) 462
years of qualifying surveying experience; or 463
(iv) An associate degree, or its equivalent, in a 464
curriculum approved by the board consisting of sixty-two (62) 465
semester hours in surveying curriculum subjects as defined by 466
board rule, and a specific record of seven (7) years or more of 467
qualifying surveying experience; or 468
(v) A high school diploma, or its equivalent, and 469
a specific record of twelve (12) years or more of qualifying 470
surveying experience; and 471
(b) Successfully passing examinations in surveying 472
prescribed by the board. 473
(4) The following shall be considered as minimum evidence 474
satisfactory to the board that the applicant is qualified for 475
enrollment as a surveyor intern: 476
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(a) (i) A bachelor's degree in geomatics, surveying or 477
surveying technology approved by the board consisting of a minimum 478
of one hundred twenty (120) semester hours, or the equivalent, in 479
surveying curriculum subjects; or 480
(ii) A bachelor's degree in a related science 481
curriculum defined by board rule consisting of sixty-two (62) 482
semester hours in surveying curriculum subjects as defined by 483
board rule; or 484
(iii) A bachelor's degree in a related science 485
curriculum defined by board rule; or 486
(iv) An associate degree, or its equivalent, in a 487
curriculum approved by the board consisting of sixty-two (62) 488
semester hours in surveying curriculum subjects as defined by 489
board rule; or 490
(v) A high school diploma, or its equivalent, and 491
a specific record of eight (8) years or more of qualifying 492
surveying experience; and 493
(b) Successfully passing examinations in surveying 494
fundamentals prescribed by the board. 495
(5) No person shall be eligible for licensure as a 496
professional surveyor who is not of good character and reputation, 497
as defined in the board's Code of Professional Conduct. 498
SECTION 13. Section 73-13-25, Mississippi Code of 1972, is 499
amended as follows: 500
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73-13-25. Applications for enrollment as an engineer 501
intern * * *, surveyor intern, licensure as a professional 502
engineer, or licensure as a professional surveyor shall be on the 503
forms prescribed and furnished by the board, shall contain 504
statements made under oath, showing the applicant's education and 505
detailed summary of the applicant's qualifying experience. 506
Applications for licensure or relicensure as a professional 507
engineer shall also contain not less than five (5) references, of 508
whom three (3) or more shall be engineers having personal 509
knowledge of the applicant's engineering experience. Application 510
for licensure or relicensure as a professional surveyor shall also 511
contain not less than five (5) references, of whom three (3) or 512
more shall be professional surveyors having personal knowledge of 513
the applicant's surveying experience. 514
The application fee for licensure as a professional engineer 515
or professional surveyor shall be determined by the board but 516
shall not exceed * * * One Hundred Fifty Dollars ($150.00), which 517
fee shall accompany the application. 518
The application fee for enrollment as an engineer intern or 519
surveyor intern shall be determined by the board but shall not 520
exceed * * * Fifty Dollars ($50.00), which fee shall accompany the 521
application. * * * 522
Each application or filing made under this section shall 523
include the social security number(s) of the applicant in 524
accordance with Section 93-11-64, Mississippi Code of 1972. 525
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SECTION 14. Section 73-13-27, Mississippi Code of 1972, is 526
amended as follows: 527
73-13-27. Examinations shall be required for enrollment as 528
an engineer intern * * *, surveyor intern, licensure as a 529
professional engineer, or licensure as a professional 530
surveyor. * * *. 531
The scope of the engineering examinations and the methods and 532
procedures shall be prescribed by the board with special reference 533
to the applicant's ability to design and supervise engineering 534
works so as to ensure the safety of life, health and property. 535
The scope of the surveying examinations and the methods and 536
procedure shall be prescribed by the board with special reference 537
to the applicant's ability to exercise direct control and personal 538
supervision of all surveying functions. 539
The board shall cite applicants to examinations in accordance 540
with its rules and regulations. 541
SECTION 15. Section 73-13-29, Mississippi Code of 1972, is 542
amended as follows: 543
73-13-29. The board shall issue a * * * license and shall 544
provide a certificate of licensure upon payment of licensure fee 545
as provided for in * * * this chapter, to any applicant who, in 546
the opinion of the board, has satisfactorily met all the 547
requirements of * * * this chapter. In the case of a licensed 548
engineer, the * * * license shall authorize the "practice of 549
engineering." In the case of an engineer intern, * * * a 550
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certificate of enrollment shall be provided, and it shall state 551
that the applicant has successfully passed the examination in 552
fundamental engineering subjects required by the board and has 553
been enrolled as an "engineer intern." In the case of licensed 554
professional surveyors, the license shall authorize the "practice 555
of surveying." In the case of a surveyor intern, the certificate 556
shall state that the applicant has successfully passed the 557
examination in fundamental surveying subjects required by the 558
board and has been enrolled as a "surveyor intern." Certificates 559
shall show the full name, shall have a * * * license or enrollment 560
number, and shall be signed by the president and the secretary of 561
the board under seal of the board. 562
The issuance of a * * * license by this board shall be prima 563
facie evidence that the person named therein is entitled to all 564
the rights and privileges of a * * * licensed professional 565
engineer or a licensed professional surveyor while the * * * 566
license remains unrevoked or unexpired. 567
Before engaging in the practice of * * * engineering or 568
surveying, each licensee hereunder shall upon licensure obtain a 569
seal of the design authorized by the board, bearing the licensee's 570
name and the legend "Licensed Professional Engineer * * *" or 571
"Licensed Professional Surveyor." Each person licensed as a 572
professional engineer, who is also licensed as a professional 573
surveyor, may also obtain a seal bearing the licensee's name and 574
the legend "Professional Engineer and Professional Surveyor." 575
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Plans, specifications and reports prepared by a * * * 576
licensed engineer shall be * * * sealed by the licensee, but it 577
shall be unlawful for anyone to * * * seal any documents * * * 578
after the * * * license is expired or revoked, or while the * * * 579
license is suspended. It shall be unlawful for anyone other than 580
the licensee to whom the seal has been issued to * * * seal any 581
document utilizing such seal. 582
Plats, maps and reports prepared by a licensed surveyor shall 583
be sealed during the life of the licensee's license, but it shall 584
be unlawful for anyone to seal any documents with the seal after 585
the license of the licensee named thereon has expired or been 586
revoked or suspended. It shall be unlawful for anyone other than 587
the licensee to whom the seal has been issued to seal any 588
documents utilizing such seal. 589
SECTION 16. Section 73-13-31, Mississippi Code of 1972, is 590
amended as follows: 591
73-13-31. * * * Licenses shall expire on the last day of the 592
month of December following their issuance or at the end of their 593
renewal period and shall become invalid on that date unless 594
renewed. It shall be the duty of the board to notify every person 595
licensed under this chapter of the date of the expiration of * * * 596
the license and the amount of the fee that shall be required for 597
its renewal for one (1) year or two (2) years. Such notice shall 598
occur at least one (1) month in advance of the date of the 599
expiration of * * * the license. Renewal may be effected at any 600
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time during the month of December by the payment of a fee, as 601
determined by the board, not to exceed * * * One Hundred Dollars 602
($100.00), or * * * Two Hundred Dollars ($200.00) if renewals are 603
for two (2) years. A person who is licensed as a professional 604
engineer and as a professional surveyor may effect both renewals 605
by the payment of a fee not to exceed * * * One Hundred Fifty 606
Dollars ($150.00), or * * * Three Hundred Dollars ($300.00) if 607
renewals are for two (2) years. The failure on the part of any 608
licensee to renew his * * * or her license annually, or 609
biennially, in the month of December as required above, shall not 610
deprive such person of the right of renewal, but the fee to be 611
paid for the renewal of a * * * license after the month of 612
December shall be increased ten percent (10%) for each month, or 613
fraction of a month that payment of renewal is delayed; * * * 614
however, * * * the maximum fee for delayed renewal shall not 615
exceed five (5) times the normal renewal fee. A state agency or 616
any of the state's political subdivisions, such as a county or 617
municipality, may pay the renewal fee of any licensee who is a 618
full-time employee; * * * however, * * * any licensee who 619
permits * * * the renewal fee to be paid from any public funds 620
shall not perform engineering or surveying services for a fee or 621
other emoluments for the public or for any other public entity. 622
If a * * * license has expired for six (6) months or more, 623
the licensee shall be required to submit a new application, paying 624
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back fees and submitting proof of continuing professional 625
competency compliance. * * * 626
SECTION 17. Section 73-13-33, Mississippi Code of 1972, is 627
amended as follows: 628
73-13-33. All professional engineers, licensed in accordance 629
with the provisions of Chapter 56 of the Laws of Mississippi of 630
1928, Extraordinary Session, and as amended under Senate Bill No. 631
383, Chapter 131, Laws of 1940, and whose * * * licenses are in 632
effect at the time of passage of * * * this chapter, shall be 633
entitled to all the rights and privileges of a licensed 634
professional engineer as provided for in those sections, while 635
the * * * license remains unrevoked or unexpired. 636
SECTION 18. Section 73-13-35, Mississippi Code of 1972, is 637
amended as follows: 638
73-13-35. The board may, upon application therefor and the 639
payment of a fee in accordance with * * * this chapter, issue 640
a * * * license as a professional engineer or a professional 641
surveyor to any person who holds a * * * license issued to him or 642
her by proper authority of any state or territory or possession of 643
the United States, or of any country, provided that the 644
applicant's qualifications meet the requirements of * * * this 645
chapter and the rules established by the board. The board may 646
also issue an engineering license to an individual through 647
international professional engineer agreements recognized by the 648
board. The issuance of a * * * license by reciprocity to a 649
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military-trained applicant, military spouse or person who 650
establishes residence in this state shall be subject to the 651
provisions of Section 73-50-1 or 73-50-2, as applicable. 652
SECTION 19. Section 73-13-37, Mississippi Code of 1972, is 653
amended as follows: 654
73-13-37. (1) The board, upon satisfactory proof and in 655
accordance with the provisions of this chapter and the 656
implementing regulations of the board pertaining thereto, is 657
authorized to take the disciplinary actions provided for 658
hereinafter against any person or firm practicing engineering or 659
surveying, including * * * nonlicensees, for any of the following 660
reasons: 661
(a) Violating any of the provisions of * * * this 662
chapter or the implementing bylaws, rules, regulations, or 663
standards of ethics or conduct duly adopted and promulgated by the 664
board pertaining to the practice of engineering or the practice of 665
surveying; 666
(b) Fraud, deceit or misrepresentation in obtaining 667
a * * * license; 668
(c) Gross negligence, malpractice or incompetency; 669
(d) Any professional misconduct, as defined by the 670
board through bylaws, rules and regulations, and standards of 671
conduct and ethics; 672
(e) Practicing or offering to practice engineering or 673
surveying on an expired * * * license or while under suspension or 674
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revocation of * * * license unless said suspension or revocation 675
be abated through probation, as provided for hereinafter; or 676
(f) Addiction to or dependence on alcohol or other 677
habit-forming drugs or being * * * a habitual user of alcohol, 678
narcotics, barbiturates, amphetamines, hallucinogens, or other 679
drugs having similar effect. 680
(2) Any person may prefer charges against any other person 681
practicing engineering or surveying, including nonlicensees, for 682
committing any of the acts set forth in subsection (1). Such 683
charges shall be sworn to, either upon actual knowledge or upon 684
information and belief, and shall be filed with the board. * * * 685
The board shall investigate all charges filed with it and, 686
upon finding reasonable cause to believe that the charges are not 687
frivolous, unfounded or filed in bad faith, may, in its 688
discretion, cause a hearing to be held, at a time and place fixed 689
by the board, regarding the charges and may compel the accused by 690
subpoena to appear before the board to respond to said charges. 691
No disciplinary action taken hereunder may be taken until the 692
accused has been furnished both a statement of the charges against 693
him or her and notice of the time and place of the hearing 694
thereof, which shall be personally served on or mailed by 695
registered or certified mail, return receipt requested, to the 696
last * * * known business or residence address of the accused not 697
less than thirty (30) days prior to the date fixed for the 698
hearing. 699
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Notice on a firm shall be had by notice on the principal or 700
officer designated by the firm as having management or supervision 701
of the engineering/surveying practice, or on the registered agent 702
in the case of a corporation not domiciled in Mississippi. 703
(3) At any hearing held hereunder, the board shall have the 704
power to subpoena witnesses and compel their attendance and may 705
also require the production of * * * records and data, as provided 706
elsewhere in this chapter. The board is authorized to designate 707
or secure a hearing officer to conduct the hearing. All evidence 708
shall be presented under oath, which may be administered by any 709
member of the board, and thereafter the proceedings may, if 710
necessary, be transcribed in full by the court reporter and filed 711
as part of the record in the case. Copies of such transcriptions 712
may be provided to any party to the proceedings at a cost to be 713
fixed by the board. 714
All witnesses who shall be subpoenaed and who shall appear in 715
any proceedings before the board shall receive the same fees and 716
mileage as allowed by law in judicial civil proceedings, and all 717
such fees shall be taxed as part of the costs in the case. 718
Where in any proceeding before the board any witness shall 719
fail or refuse to attend upon subpoena issued by the board, shall 720
refuse to testify or shall refuse to produce any * * * records and 721
data, the production of which is called for by the subpoena, the 722
attendance of such witness and the giving of his or her testimony 723
and the production of the * * * records and data shall be enforced 724
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by any court of competent jurisdiction of this state in the manner 725
provided for the enforcement of attendance and testimony of 726
witnesses in civil cases in the courts of this state. 727
The accused shall have the right to be present at the hearing 728
in person, by counsel or other representative, or both. The board 729
is authorized to continue or recess the hearing as may be 730
necessary. 731
(4) At the conclusion of the hearing, the board may either 732
decide the issue at that time or take the case under advisement 733
for further deliberation. The board shall render its decision not 734
more than ninety (90) days after the close of the hearing, and 735
shall forward to the last * * * known business or residence 736
address of the accused, by certified or registered mail, return 737
receipt requested, a written statement of the decision of the 738
board. 739
If a majority of the board finds the accused guilty of the 740
charges filed, the board may: (a) issue a public or private 741
reprimand; (b) require the guilty party to complete a course or 742
courses, approved by the board, in ethics or other appropriate 743
subjects; (c) suspend or revoke the * * * license of the accused, 744
if the accused is a licensee; and/or (d) in lieu of or in addition 745
to such reprimand, course completion, suspension or revocation, 746
assess and levy upon the guilty party a monetary penalty of not 747
less than One Hundred Dollars ($100.00) nor more than Five 748
Thousand Dollars ($5,000.00) for each violation. 749
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(5) A monetary penalty assessed and levied under this 750
section shall be paid to the board upon the expiration of the 751
period allowed for appeal of such penalties under this * * * 752
chapter, or may be paid sooner if the guilty party elects. Money 753
collected by the board under this section shall be deposited to 754
the credit of the board's special fund in the State Treasury. 755
When payment of a monetary penalty assessed and levied by the 756
board in accordance with this section is not paid when due, the 757
board shall have the power to institute and maintain proceedings 758
in its name for enforcement of payment in the chancery court of 759
the county and judicial district of residence of the guilty party 760
and if the guilty party be a nonresident of the State of 761
Mississippi, such proceedings shall be in the Chancery Court of 762
the First Judicial District of Hinds County, Mississippi. 763
(6) When the board has taken a disciplinary action under 764
this * * * chapter, the board may, in its discretion, stay such 765
action and place the guilty party on probation for a period not to 766
exceed one (1) year upon the condition that the guilty party shall 767
not further violate either the laws of the State of Mississippi 768
pertaining to the practice of engineering or the practice of 769
surveying or the bylaws, rules and regulations, or standards of 770
conduct and ethics promulgated by the board. 771
(7) The board, in its discretion, may assess and tax any 772
part or all of the costs of any disciplinary proceedings conducted 773
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under this section against either the accused, the charging party, 774
or both, as it may elect. 775
(8) The power and authority of the board to assess and levy 776
the monetary penalties provided for in this section shall not be 777
affected or diminished by any other proceeding, civil or criminal, 778
concerning the same violation or violations except as provided in 779
this section. 780
(9) The board, for sufficient cause, may reissue a 781
revoked * * * license or authority whenever a majority of the 782
board members vote to do so. 783
(10) Any person or firm aggrieved by an action of the board 784
denying or revoking * * * a license or authority or relicensure as 785
a professional engineer or professional surveyor or * * * 786
enrollment as an engineer intern or surveyor intern, or who is 787
aggrieved by the action of the board as a result of disciplinary 788
proceedings conducted under this section may appeal therefrom to 789
the chancery court of either the county wherein the appellant 790
resides or the Chancery Court of the First Judicial District of 791
Hinds County, at the election of the appellant. If the appellant 792
is a nonresident of this state, the appeal shall be made to the 793
Chancery Court of the First Judicial District of Hinds County. 794
Such appeal shall be perfected before the board by * * * filing 795
with the board of a notice of appeal to the chancery court. The 796
court shall require a bond in an amount not to exceed One Thousand 797
Dollars ($1,000.00) conditioned to pay all costs which may be 798
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adjudged against the appellant. The notice of appeal shall be 799
filed not later than thirty (30) days after the decision of the 800
board is forwarded to the guilty party, as provided hereinabove. 801
All appeals perfected hereunder shall not act as a 802
supersedeas, and shall be made to the chancery court solely upon 803
the record made before the board during the disciplinary hearing. 804
When the appeal shall have been properly perfected as provided 805
herein, the board shall cause the record of the proceedings 806
conducted before it to be compiled, certified and filed with the 807
chancery court. The briefing schedule shall be the same as for 808
appeals to the Supreme Court. The chancery court shall be 809
required to rule on the case within sixty (60) days of the close 810
of briefing. All procedures and penalties provided for in this 811
section shall apply to nonlicensees as well as licensees. 812
(11) In addition to the reasons specified in subsection (1) 813
of this section, the board shall be authorized to suspend 814
the * * * license of any person for being out of compliance with 815
an order for support, as defined in Section 93-11-153. The 816
procedure for suspension of a * * * license for being out of 817
compliance with an order for support, and the procedure for the 818
reissuance or reinstatement of a * * * license suspended for that 819
purpose, and the payment of any fees for the reissuance or 820
reinstatement of a * * * license suspended for that purpose, shall 821
be governed by Section 93-11-157 or 93-11-163, as the case may be. 822
Actions taken by the board in suspending a * * * license when 823
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required by Section 93-11-157 or 93-11-163 are not actions from 824
which an appeal may be taken under this section. Any appeal of a 825
suspension of a * * * license that is required by Section 826
93-11-157 or 93-11-163 shall be taken in accordance with the 827
appeal procedure specified in Section 93-11-157 or 93-11-163, as 828
the case may be, rather than the procedure specified in this 829
section. If there is any conflict between any provision of 830
Section 93-11-157 or 93-11-163 and any provision of this chapter, 831
the provisions of Section 93-11-157 or 93-11-163, as the case may 832
be, shall control. 833
(12) Any board member whose objectivity in a disciplinary 834
proceeding is impaired shall either recuse himself or herself from 835
sitting as a member of the board in a formal disciplinary hearing 836
in that proceeding or be disqualified therefrom. In the event a 837
disciplinary proceeding is brought against a member or former 838
member of the board, no member of the board who has served 839
concurrently with the respondent in the disciplinary proceeding 840
shall sit as a member of the board in a formal disciplinary 841
hearing in that proceeding. If, after recusal or disqualification 842
of board members as provided herein, there does not remain a 843
quorum of the board to sit for a disciplinary hearing, the board 844
shall have the power to select, in accordance with duly 845
promulgated regulations of the board, substitute panel 846
members * * * to the extent necessary to achieve the number of 847
panel members equivalent to a quorum of the board. Substitute 848
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panel members must meet the qualifications of board members as 849
provided in * * * this chapter and shall receive compensation as 850
provided for board members in * * * this chapter. 851
SECTION 20. Section 73-13-39, Mississippi Code of 1972, is 852
amended as follows: 853
73-13-39. Any person or firm who shall practice, or offer to 854
practice, engineering or surveying in this state without being 855
licensed in accordance with the provisions of * * * this chapter, 856
or any person presenting or attempting to use as his or her 857
own * * * license or seal of another, or any person who shall give 858
any false or forged evidence of any kind to the board or to any 859
member thereof in obtaining a * * * license, or any person who 860
shall falsely impersonate any other licensee of like or different 861
name, or any person or firm who shall attempt to use an expired or 862
revoked * * * license, or any person or firm who shall violate any 863
of the provisions of * * * this chapter, shall be guilty of a 864
misdemeanor, and shall, upon conviction, be sentenced to pay a 865
fine of not less than One Hundred Dollars ($100.00), nor more than 866
Five Thousand Dollars ($5,000.00) in addition to reimbursement of 867
investigative expenses and court costs, or suffer imprisonment for 868
a period not exceeding three (3) months, or both. The criminal 869
penalties provided for in this section may be assessed in addition 870
to those civil penalties provided for in * * * this chapter. 871
Unless licensed in accordance with the provisions of * * * 872
this chapter, no person shall: 873
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(a) Directly or indirectly employ, use, cause to be 874
used or make use of any of the following terms or any 875
combinations, variations or abbreviations thereof as a 876
professional, business or commercial identification, title, name, 877
representation, claim, asset or means of advantage or benefit: 878
"engineer," "professional engineer," "licensed engineer," 879
"registered engineer," "registered professional engineer," 880
"licensed professional engineer," "engineered," "engineering," 881
"surveyor," "professional surveyor," "licensed surveyor," 882
"registered surveyor," "registered professional surveyor," 883
"licensed professional surveyor," "surveyed," "surveying," 884
"professional land surveyor," or "licensed professional land 885
surveyor"; or 886
(b) Directly or indirectly employ, use, cause to be 887
used or make use of any letter, abbreviation, word, symbol, 888
slogan, sign or any combinations or variations thereof which in 889
any manner whatsoever tends or is likely to create any impression 890
with the public or any member thereof that any person is qualified 891
or authorized to practice engineering or to practice surveying; or 892
(c) Receive any fee or compensation or the promise of 893
any fee or compensation for performing, offering or attempting to 894
perform any service, work, act or thing which is any part of the 895
practice of engineering or the practice of surveying. 896
Any person, firm, partnership, association or corporation 897
which shall do, offer or attempt to do any one or more of the acts 898
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or things set forth in * * * paragraphs (a) through (c) of the 899
preceding paragraph shall be conclusively presumed and regarded as 900
engaged in the practice of engineering or the practice of 901
surveying. 902
It shall be the duty of all duly constituted officers of the 903
law of this state, or any political subdivision thereof, to 904
enforce the provisions of * * * this chapter and to prosecute any 905
persons violating same. Except as otherwise authorized in Section 906
7-5-39, the Attorney General of the state or his or her assistant 907
shall act as legal advisor of the board in carrying out the 908
provisions of * * * this chapter. 909
SECTION 21. Section 73-13-41, Mississippi Code of 1972, is 910
amended as follows: 911
73-13-41. * * * Any person who may feel aggrieved by an 912
action of the board denying or revoking his or her license or 913
relicensure as a professional engineer, a professional surveyor, 914
enrollment as an engineer intern or enrollment as a surveyor 915
intern may appeal therefrom to the chancery court of the county of 916
residence of such person and, after full hearing, the court shall 917
make such order sustaining or reversing the action of the board as 918
it may seem just and proper. However, in case of a nonresident 919
licensee or applicant, such appeal shall be taken or made to the 920
Chancery Court of the First Judicial District of Hinds County, 921
Mississippi. 922
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Actions taken by the board in suspending a license when 923
required by Section 93-11-157 or 93-11-163 are not actions from 924
which an appeal may be taken under this section. Any appeal of a 925
suspension of a license that is required by Section 93-11-157 or 926
93-11-163 shall be taken in accordance with the appeal procedure 927
specified in Section 93-11-157 or 93-11-163, as the case may be, 928
rather than the procedure specified in this section. 929
SECTION 22. Section 73-13-43, Mississippi Code of 1972, is 930
amended as follows: 931
73-13-43. * * * No corporation, firm or partnership may 932
engage in the practice of professional engineering or the practice 933
of professional surveying in this state unless it has been issued 934
a certificate of authority by the board. 935
In order to qualify for * * * an engineering or surveying 936
certificate of authority, a corporation, firm or partnership must 937
have at least one (1) Mississippi-licensed professional engineer 938
or surveyor as a principal officer, partner or designated 939
principal engineer or surveyor of the firm who has management 940
responsibility for such practice and who makes significant 941
technical and/or contractual judgments on behalf of the firm which 942
would affect the firm's professional reputation and liability. 943
A sole proprietorship, owned and operated by a licensee under 944
this chapter shall not be required to obtain a certificate of 945
authority. A professional association of licensed professional 946
engineers or licensed professional surveyors shall not be required 947
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to obtain a certificate of authority. Both the licensed sole 948
proprietor and the licensees within a professional association 949
shall maintain their individual licenses in active status and only 950
offer the professional service for which they are licensed and 951
qualified to provide. 952
The board shall have the authority to promulgate rules and 953
regulations setting procedures, standards and other requirements 954
for issuing and maintaining a certificate of authority for 955
corporations, firms or partnerships practicing engineering or 956
surveying in the State of Mississippi. 957
Applications for a certificate of authority shall be on the 958
forms prescribed and furnished by the board, and provide all the 959
information required by said board. The board shall establish a 960
fee for the certificate of authority application, not to 961
exceed * * * Three Hundred Fifty Dollars ($350.00) for a one-year 962
certificate or * * * Seven Hundred Dollars ($700.00) for a 963
two-year certificate. Any corporation, firm or partnership having 964
the necessary qualifications as prescribed herein and the rules 965
and regulations of the board shall be issued a certificate of 966
authority for said corporation, firm or partnership to practice 967
engineering or surveying and to contract and collect fees for 968
furnishing this service. 969
Each certificate of * * * authority will expire on December 970
31 of the end of the renewal period year. It shall be the duty of 971
the board to notify every corporation, firm or partnership holding 972
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a certificate of authority under * * * this chapter of the date of 973
the expiration of the certificate and the amount of the fee that 974
shall be required for its renewal for one (1) year or two (2) 975
years. The renewal fee shall not exceed * * * Three Hundred Fifty 976
Dollars ($350.00) for one (1) year or * * * Seven Hundred Dollars 977
($700.00) for two (2) years; penalties for late renewal shall be 978
ten percent (10%) per month that payment is delayed. 979
Additionally, if any of the information on the initial or any 980
subsequent renewal application changes for the corporation, firm 981
or partnership, said corporation, firm or partnership shall notify 982
the board in the form and manner prescribed by the board within 983
thirty (30) days of the change. 984
* * * The Secretary of State shall not issue a certificate 985
of incorporation, licensure or authorization to an applicant or 986
licensure as a foreign firm to a corporation, firm or 987
partnership * * * that includes in its name, or among the 988
objectives for which it is established, any of the words, 989
"engineer," "engineering," "surveyor," "surveying," or any 990
modification or derivation thereof, unless the board has issued 991
for * * * the applicant a certificate of authority or a letter 992
indicating the eligibility of such applicant to receive such a 993
certificate. The corporation, firm or partnership applying shall 994
supply such certificate or letter from the board with its 995
application for incorporation, licensure or authorization to the 996
Secretary of State. 997
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An engineer or surveyor who renders occasional, part-time or 998
consulting engineering services to or for a corporation, firm or 999
partnership may not, for the purposes of this section, be 1000
designated as being responsible for the professional activities of 1001
the firm. 1002
No such corporation, firm or partnership shall be relieved of 1003
responsibility for the conduct or acts of its agents, employees, 1004
officers, partners, members or managers by reason of its 1005
compliance with the provisions of this section. No individual 1006
practicing engineering or practicing surveying under this chapter 1007
shall be relieved of responsibility for engineering services or 1008
surveying services performed by reason of employment or other 1009
relationship with a firm holding * * * a certificate of authority. 1010
SECTION 23. Section 73-13-45, Mississippi Code of 1972, is 1011
amended as follows: 1012
73-13-45. (1) (a) Neither the state, nor any of its 1013
political subdivisions, such as a county, city or town, shall 1014
award construction contracts of any public work involving the 1015
practice of engineering or architecture unless the plans, 1016
specifications and estimates have been prepared and such work 1017
supervised by a registered professional engineer or architect; 1018
however, nothing in this subsection shall be held to apply to such 1019
public work in which the expenditure does not exceed One Hundred 1020
Thousand Dollars ($100,000.00). 1021
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(b) The state and any of its political subdivisions, 1022
such as a county, city or town, may engage in construction of 1023
public buildings involving the practice of engineering or 1024
architecture and using political subdivision workforces without 1025
the supervision of a licensed professional engineer or architect, 1026
provided that the total cost of the public building does not 1027
exceed One Hundred Fifty Thousand Dollars ($150,000.00). This 1028
paragraph (1)(b) shall not supersede any rules and regulations 1029
promulgated by the State Department of Health and the Department 1030
of Environmental Quality. 1031
(2) (a) In the awarding of public contracts for 1032
professional engineering services, preference shall be given to 1033
resident professional engineers over those nonresident 1034
professional engineers domiciled in a state having laws which 1035
grant a preference to the professional engineers who are residents 1036
of that state. Nonresident professional engineers shall be 1037
awarded Mississippi public contracts only on the same basis as the 1038
nonresident professional's state awards contracts to Mississippi 1039
professional engineers under similar circumstances. When a 1040
nonresident professional engineer submits a proposal for a public 1041
project, he shall attach thereto a copy of his resident state's 1042
current statute, resolution, policy, procedure or executive order 1043
pertaining to such state's treatment of nonresident professional 1044
engineers. Resident professional engineers actually domiciled in 1045
Mississippi, be they corporate, individuals or partnerships, shall 1046
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be granted preference over nonresidents in the awarding of 1047
contracts in the same manner and to the same extent as provided by 1048
the laws of the state of domicile of the nonresident. As used in 1049
this section, the term "resident professional engineer" includes a 1050
nonresident person, firm or corporation that has been qualified to 1051
do business in this state and has maintained a permanent full-time 1052
office in the State of Mississippi for not less than two (2) years 1053
prior to submitting a proposal for a public project, and the 1054
subsidiaries and affiliates of such a person, firm or corporation. 1055
(b) The provisions of this subsection shall not apply 1056
to any contract for any project upon which federal funds would be 1057
withheld because of the preference requirements of this 1058
subsection. 1059
(c) Any contract, agreement or arrangement for 1060
professional engineering services negotiated, made or entered 1061
into, directly or indirectly, by the state, counties, 1062
municipalities or any political subdivision thereof, or by any 1063
special districts, which is in any way in violation of the 1064
provisions of this subsection is * * * declared to be void as 1065
contrary to the public policy of this state and shall not be given 1066
effect or enforced by any court of this state or by any of its 1067
officers or employees. 1068
(d) Nothing in this subsection shall affect the 1069
validity of any contract in existence prior to July 1, 1989. 1070
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(e) For purposes of this section, the term 1071
"professional engineering services" means those within the scope 1072
of the practice of professional engineering as defined by * * * 1073
this chapter, or those performed by any registered professional 1074
engineer in connection with professional employment or practice. 1075
SECTION 24. The following shall be codified as Section 1076
73-13-47, Mississippi Code of 1972: 1077
73-13-47. (1) For the purposes of this section, the term 1078
"surveyor" means a licensed professional surveyor as defined in 1079
this chapter, and any person who is employed by or under the 1080
direct supervision of a professional surveyor licensed under this 1081
chapter. 1082
(2) A surveyor may enter in or upon public or private lands 1083
or waters, except buildings, while in the lawful performance of 1084
surveying duties without criminal liability for trespass; however, 1085
a surveyor shall make a good faith attempt to announce and 1086
identify himself or herself and his or her intentions before 1087
entering upon private property and must present documentation 1088
sufficient to identify himself or herself as a surveyor to anyone 1089
requesting such identification. 1090
(3) The provisions of this section do not relieve a surveyor 1091
from any civil liability that otherwise is actionable at law or in 1092
equity, and do not relieve a surveyor from criminal liability for 1093
trespass if the entry in or upon the property extends beyond the 1094
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property or area that is necessary to actually perform the 1095
surveying duties. 1096
(4) Surveyors shall be personally liable for any damage 1097
caused to private property when exercising entry under this 1098
section. No cause of action shall lie against a landowner for 1099
damages to a surveyor while on such lands unless the damage is 1100
cause by the intentional tortious conduct of landowner or his or 1101
her agent. 1102
SECTION 25. The following shall be codified as Section 1103
73-13-49, Mississippi Code of 1972: 1104
73-13-49. (1) This chapter shall not be construed to 1105
prevent or to affect: 1106
(a) The practice of any other legally recognized 1107
profession or trade, such as: (i) engineers employed by 1108
contractors to supervise work on which a licensed engineer is 1109
engaged; (ii) architects who are registered under the provisions 1110
of Title 73, Chapter 1; and (iii) the practice of geology as 1111
regulated pursuant to Title 73, Chapter 63; 1112
(b) The work of an employee or a subordinate of a 1113
person holding a license under this chapter, provided such work 1114
does not include final designs or decisions and is done under the 1115
responsibility, checking and supervision of a person holding a 1116
license under this chapter; 1117
(c) The practice of officers and employees of the 1118
government of the United States while engaged within this state in 1119
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the practice of engineering or surveying for the federal 1120
government; 1121
(d) The performance of engineering services by any 1122
regular full-time employee of a manufacturing, research and 1123
development, railroad or other industrial corporation, provided: 1124
(i) Such services are rendered on or in connection 1125
with existing fixed works, equipment, systems, processes or 1126
facilities owned, operated, or leased by such corporation and/or 1127
its affiliates; 1128
(ii) Such services are not rendered to third 1129
parties; 1130
(iii) Such services do not consist of original 1131
plant design, original system design, or original process design, 1132
other than routine system extensions that do not compromise the 1133
integrity of the original design; 1134
(iv) Such services comply with all requirements 1135
specified by the employee's company or corporation; 1136
(v) All fixed works, equipment, systems, processes 1137
or facilities modified by such services undergo a safety review 1138
that confirms: 1. the construction and equipment is in accordance 1139
with design specifications; and 2. safety, operating, maintenance 1140
and emergency procedures are in place to safeguard life, health 1141
and property; 1142
(vi) Such services are not required to be 1143
performed, approved, or certified by a professional engineer 1144
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pursuant to law or regulation, whether federal, state or local, 1145
other than as defined in this chapter or any applicable rules or 1146
regulations promulgated by the board. 1147
That this paragraph (d) is intended to codify the policy and 1148
practices of the board at the time of enactment of this Chapter 1149
534, Laws of 1999, and any ambiguities in this subsection should 1150
be construed in accordance with this intent; 1151
(e) The performance of engineering or surveying 1152
services with respect to utility facilities by any public utility 1153
subject to regulation by the Mississippi Public Service 1154
Commission, the Federal Communications Commission, the Federal 1155
Energy Regulatory Commission, or the Nuclear Regulatory 1156
Commission, including its parents, affiliates and subsidiaries, 1157
provided that they are engaged solely and exclusively in 1158
performing service for such public utility and/or its parents, 1159
affiliates or subsidiaries, and as long as such services comply 1160
with all standard operating procedures and requirements specified 1161
by the employee's company or corporation. This exemption shall 1162
not extend to: (i) the practice of engineering or surveying 1163
performed by public utilities or their officers or employees when 1164
such services are rendered to nonaffiliated third parties in 1165
exchange for compensation other than that received from their 1166
employer, or the use of any name, title or words which tend to 1167
convey the impression that a nonlicensee is offering engineering 1168
or surveying services to the public; and (ii) services which are 1169
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required to be performed, approved or certified by a professional 1170
engineer or professional surveyor pursuant to law or regulation 1171
whether federal, state or local, other than this chapter hereof or 1172
any applicable rules or regulations promulgated by the board. 1173
That this paragraph (e) is intended to codify the policy and 1174
practices of the board at the time of enactment of Chapter 534, 1175
Laws of 1999, and that any ambiguities in this subsection should 1176
be construed in accordance with this intent; 1177
(f) The practice of engineering shall not include the 1178
work ordinarily performed by persons who operate or maintain 1179
machinery, equipment, water plants, power generation, utility 1180
transmission, utility distribution facilities, sewage plants and 1181
solid waste disposal facilities; 1182
(g) Activities conducted during the course of, or in 1183
anticipation of, litigation including, but not limited to: 1184
analyzing, evaluating, consulting, reconstructing, testing, 1185
responding to the opinions and testing conducted by others, and 1186
offering expert testimony. However, this exemption shall not 1187
apply in legal proceedings where the subject matter of the 1188
litigation or claim is nonforensic engineering activity legally 1189
required to be performed under a Mississippi engineer's license; 1190
(h) Certain elected or appointed county surveyors. A 1191
county surveyor as provided in Section 135 of the Mississippi 1192
Constitution, and Sections 19-27-1 through 19-27-35 implementing 1193
the constitutional provision, who holds the office of county 1194
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surveyor by either election or appointment, shall be exempt from 1195
the provisions of this chapter provided he or she held the office 1196
of county surveyor by either election or appointment on or before 1197
December 31, 1983; 1198
(i) The work of a regular employee of a railroad, 1199
rendering to the railroad surveying services in connection with 1200
its facilities within the exclusive scope of his or her employment 1201
provided that: 1202
(i) Any new right-of-way acquisitions for 1203
construction of rail lines by class one railroads shall be 1204
surveyed and platted in compliance with the Mississippi Standards 1205
of Practice for Surveying by a Mississippi professional surveyor; 1206
and 1207
(ii) Upon the removal of track and disposition of 1208
an abandoned rail line the railroad shall retain and make 1209
available upon reasonable request from Mississippi licensed 1210
surveyors the railroad's valuation surveys for any abandoned rail 1211
line; 1212
(j) The practice of geologists performing geologic 1213
mapping insofar as such practice does not encompass tasks or 1214
projects included by statute in the scope of work comprising the 1215
practice of professional surveying as defined in this chapter; or 1216
(k) Any municipality or county from creating maps for 1217
use in planning, zoning, taxing, elections, police or fire, E-911, 1218
public works, transportation or related activities. However, if 1219
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any such document does not bear the seal and signature of a 1220
professional surveyor, the document shall not be considered to be 1221
certifiably accurate as to position or location, nor shall the 1222
document be considered to be an official survey. 1223
(2) In addition to the exemptions provided in subsection (1) 1224
of this section, there is granted and reserved to the board the 1225
authority to exempt from this chapter by regulations specific 1226
engineering or surveying tasks or functions performed by regular 1227
full-time employees of manufacturing, public utility, research and 1228
development, railroad or other industrial corporations rendered in 1229
the course and scope of their employment, on a case by case basis, 1230
if, in the opinion of the board, the public health and welfare is 1231
not endangered and the engineering and surveying professions are 1232
not diminished. 1233
SECTION 26. Sections 73-13-71, 73-13-73, 73-13-75, 73-13-77, 1234
73-13-79, 73-13-81, 73-13-83, 73-13-85, 73-13-87, 73-13-89, 1235
73-13-93, 73-13-95, 73-13-97, 73-13-103 and 73-13-105, Mississippi 1236
Code of 1972, which provide for the licensure of land surveyors, 1237
are repealed. 1238
SECTION 27. Section 19-27-1, Mississippi Code of 1972, is 1239
amended as follows: 1240
19-27-1. There shall be elected for each county a surveyor 1241
who shall take and subscribe the oath of office prescribed by the 1242
Constitution and give bond, with sufficient surety, to be payable, 1243
conditioned and approved as provided by law and in the same manner 1244
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as other county officials, in a penalty not less than Fifty 1245
Thousand Dollars ($50,000.00). 1246
From and after January 1, 1984, such surveyor shall be a 1247
registered land surveyor as provided for in Sections * * * 73-13-1 1248
through 73-13-49. However, this requirement shall not apply to 1249
any person who was holding the office of county surveyor by either 1250
election or appointment on December 31, 1983. 1251
SECTION 28. Section 73-63-5, Mississippi Code of 1972, is 1252
amended as follows: 1253
73-63-5. The following words shall have the meanings 1254
ascribed in this section, unless the context clearly indicates 1255
otherwise: 1256
(a) "Board" means the board of registered professional 1257
geologists created under this chapter. 1258
(b) "Certified geologist" means a geologist who has 1259
been certified by a professional geologic organization, society or 1260
association, including, but not limited to, the American 1261
Association of Petroleum Geologists and the American Institute of 1262
Professional Geologists, which has certification requirements 1263
recognized by the board. 1264
(c) "Fund" means the registered professional geologists 1265
fund created under Section 73-63-21. 1266
(d) "Geologist" means an individual who, by reason of 1267
knowledge of geology, mathematics and the supporting physical and 1268
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life sciences acquired by education and practical experience, is 1269
qualified to engage in the practice of geology. 1270
(e) "Geologist-in-training" means an individual who has 1271
met the academic qualifications established by the board, who has 1272
successfully passed a written examination demonstrating a 1273
knowledge of the fundamentals of geology, and who has been 1274
enrolled as a geologist-in-training by the board. 1275
(f) "Geology" means the science which includes the 1276
study of the earth and its origin and history. Geology includes 1277
the investigation of the earth's constituent rocks, minerals, 1278
solids and fluids, including surface and underground waters, gases 1279
and other materials and the study of the natural agents, forces 1280
and processes which cause changes in the earth. 1281
(g) "Person" means any individual, trust, firm, joint 1282
stock company, public or private corporation (including a 1283
government corporation), partnership, association, state, or any 1284
agency or institution thereof, municipality, commission, political 1285
subdivision of a state or any interstate body, and includes any 1286
officer or governing or managing body of any municipality, 1287
political subdivision, or the United States or any officer or 1288
employee thereof. 1289
(h) "Practice of geology" means any professional 1290
service to determine and evaluate the geology of the earth 1291
requiring geologic education, training, experience and the 1292
application of special knowledge of the mathematical, physical and 1293
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geologic sciences to those services, including, but not limited 1294
to, consultation, investigation, evaluation, planning, surveying 1295
(unless licensed under Sections * * * 73-13-1 through 73-13-49), 1296
mapping and inspection of geologic work. 1297
(i) "Registered professional geologist" means a 1298
geologist who has met the academic and experience qualifications 1299
established by the board and has been issued a certificate of 1300
registration as a registered professional geologist by the board. 1301
(j) "Registrant" means any individual who holds a 1302
certificate of registration or certificate of enrollment issued 1303
under this chapter. 1304
(k) "Responsible charge" means the independent control 1305
and direction, by use of initiative, skill and independent 1306
judgment, of geologic work or the supervision of that work. 1307
(l) "Subordinate" means any individual who assists in 1308
the practice of geology by a registered professional geologist 1309
without assuming the responsible charge of the work. 1310
(m) "Specialty" means any branch or discipline of 1311
geology that may be recognized under this chapter or regulations 1312
promulgated by the board for certifying specialization in a 1313
specific geologic field of study or related scientific field of 1314
study, or both. 1315
(n) "Welfare" means physical and financial welfare. 1316
SECTION 29. Section 85-7-401, Mississippi Code of 1972, is 1317
amended as follows: 1318
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85-7-401. The following words and phrases shall have the 1319
meanings ascribed herein unless the context clearly indicates 1320
otherwise: 1321
(a) "Business day" means any day that is not a 1322
Saturday, Sunday, or legal holiday. 1323
(b) "Contractor" means a contractor having privity of 1324
contract with the owner or lessee of the real estate. 1325
(c) "Lien action" means a civil action against the 1326
owner of improved property to perfect and make permanent the lien 1327
created by Section 85-7-403. 1328
(d) "Payment action" means a lawsuit, proof of claim in 1329
a bankruptcy case, or a binding arbitration. 1330
(e) "Professional surveyor" has the meaning given in 1331
Section * * * 73-13-3. 1332
(f) "Materials" means materials, tools, appliances, 1333
machinery, or equipment used in making improvements to the real 1334
estate. 1335
(g) "Materialmen" or "materialman" means all persons 1336
furnishing the materials, tools, appliances, machinery, or 1337
equipment included in the definition of materials to a contractor 1338
or to a subcontractor in privity with the contractor. 1339
(h) "Professional engineer" has the meaning given in 1340
Section 73-13-3. 1341
(i) "Residential property" means single-family and 1342
two-family, three-family, and four-family residential real estate. 1343
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(j) "Statutory overnight delivery" means delivery of a 1344
document through the United States Postal Service or through a 1345
commercial firm that is regularly engaged in the business of 1346
document delivery or document and package delivery in which the 1347
sender: 1348
(i) Has directed that delivery be not later than 1349
the next business day following the day on which the document is 1350
received for delivery by the United States Postal Service or the 1351
commercial firm; and 1352
(ii) Receives a receipt acknowledging receipt of 1353
the document signed by addressee or an agent of the addressee. 1354
(k) "Subcontractor" means subcontractors having privity 1355
of contract with the contractor; "subcontractor" also means 1356
subcontractors having privity of contract with a subcontractor 1357
having privity of contract with the contractor. 1358
(l) "Registered architect" has the meaning given in 1359
Section 73-1-3. 1360
(m) "Design professional" includes professional 1361
surveyors, professional engineers and registered architects. 1362
SECTION 30. Section 97-17-85, Mississippi Code of 1972, is 1363
amended as follows: 1364
97-17-85. Except as otherwise provided in Sections * * * 1365
73-13-47 and 49-7-79, if any person shall go upon the enclosed 1366
land of another without his consent, after having been notified by 1367
such person or his agent not to do so, either personally or by 1368
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published or posted notice, or shall remain on such land after a 1369
request by such person or his agent to depart, he shall, upon 1370
conviction, be fined not more than Fifty Dollars ($50.00) for such 1371
offense. The provisions of this section shall apply to land not 1372
enclosed where the stock law is in force. 1373
SECTION 31. Section 97-17-93, Mississippi Code of 1972, is 1374
amended as follows: 1375
97-17-93. (1) Any person who knowingly enters the lands of 1376
another without the permission of or without being accompanied by 1377
the landowner or the lessee of the land, or the agent of such 1378
landowner or lessee, shall be guilty of a misdemeanor and, upon 1379
conviction, shall be punished for the first offense by a fine of 1380
Two Hundred Fifty Dollars ($250.00). Upon conviction of any 1381
person for a second or subsequent offense, the offenses being 1382
committed within five (5) years of the last offense, such person 1383
shall be punished by a fine of Five Hundred Dollars ($500.00), and 1384
may be imprisoned in the county jail for a period of not less than 1385
ten (10) nor more than thirty (30) days, or by both such fine and 1386
imprisonment. This section shall not apply to the landowner's or 1387
lessee's family, guests, or agents, to a surveyor as provided in 1388
Section * * * 73-13-47, or to persons entering upon such lands for 1389
lawful business purposes. 1390
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, 1391
constables and conservation officers to enforce this section. 1392
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(b) Such officers shall enforce this section by issuing 1393
a citation to those charged with trespassing under this section. 1394
(3) The provisions of this section are supplementary to the 1395
provisions of any other statute of this state. 1396
(4) A prosecution under the provisions of this section shall 1397
be dismissed upon the request of the landowner, lessee of the land 1398
or agent of such landowner or lessee, as the case may be. 1399
SECTION 32. Section 97-17-97, Mississippi Code of 1972, is 1400
amended as follows: 1401
97-17-97. (1) Except as otherwise provided in Section * * * 1402
73-13-47, if any person or persons shall without authority of law 1403
go into or upon or remain in or upon any building, premises or 1404
land of another, including the premises of any public housing 1405
authority after having been banned from returning to the premises 1406
of the housing authority, whether an individual, a corporation, 1407
partnership, or association, or any part, portion or area thereof, 1408
after having been forbidden to do so, either orally or in writing 1409
including any sign hereinafter mentioned, by any owner, or lessee, 1410
or custodian, or other authorized person, or by the administrators 1411
of a public housing authority regardless of whether or not having 1412
been invited onto the premises of the housing authority by a 1413
tenant, or after having been forbidden to do so by such sign or 1414
signs posted on, or in such building, premises or land, or part, 1415
or portion, or area thereof, at a place or places where such sign 1416
or signs may be reasonably seen, such person or persons shall be 1417
S. B. No. 2706 *SS26/R985CS* ~ OFFICIAL ~
26/SS26/R985CS
PAGE 58
ST: Professional engineers and surveyors;
revise code sections related to.
guilty of a misdemeanor, and, upon conviction thereof, shall be 1418
punished by a fine of not more than Five Hundred Dollars ($500.00) 1419
or by confinement in the county jail not exceeding six (6) months, 1420
or by both such fine and imprisonment. 1421
(2) The provisions of this section are supplementary to the 1422
provisions of any other statute of this state. 1423
SECTION 33. This act shall take effect and be in force from 1424
and after July 1, 2026. 1425