Surveyors and engineers practice act-revisions.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0468.E1

SENATE FILE
NO.
SF0113

Surveyors and engineers practice act-revisions.

Sponsored by:
Senator(s) Johnson and Representative(s) Burkhart, Byrd, Childers, Gay, Lockhart, Petroff and Roscoe

A BILL

for

AN ACT relating to
professional
surveyors and engineers;
repealing and recreating
statutes governing licensure for professional surveyors and engineers;
amending provisions relating to licensure of engineers and land surveyors; providing for administration and regulation of engineers and land surveyors as specified; providing for two additional board members; removing "discipline-specific" licensure; providing for the transfer of the board to the department of administration and information; modifying name of licensing board; providing for licensure of
international
and doctoral candidates; providing fees; providing disciplinary
proceedings
; imposing penalties; making conforming amendments;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 33
‑
29
‑
201 through 33
‑
29
‑
22
7
and 33
‑
29
‑
240 through 33
‑
29
‑
249 are created to read:

CHAPTER 29
SURVEYORS AND ENGINEERS

ARTICLE 2
WYOMING
SURVEYORS AND ENGINEERS PRACTICE ACT

33
‑
29
‑
201.

Definitions.

(a)

As used in
t
his act:

(i)

"
Board
"
mean
s
the
Wyoming

b
oard of
p
rofessional
e
ngineers and
p
rofessional
l
and
s
urveyors;

(ii)

"
Design coordination
"
for professional engineers means the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, land surveyors, geologists and other professionals working under the direction of a professional engineer.

"
Design coordination
"
for professional land surveyors

means
the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, land surveyors, geologists and other professionals working under the direction of the
p
rofessional
l
and
s
urveyor
;

(i
i
i)

"
Engineer
"
mean
s
a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience;

(
i
v)

"
Engineer
i
ntern
"
mean
s
a perso
n who has qualified for, taken
and passed an examination in the fundamental engineering su
bjects, as provided in this act
;

(v)

"
Engineering surveys
"

means
all survey activities required to support the sound conception, planning, de
sign, construction, maintenance
and operation of engineered proje
cts, but excluding
the surveying of real property for the establishment of land bound
aries, rights-of-way, easements
and the dependent or independent surveys or resurveys o
f the public land survey system;

(
vi
)

"
Firm
"
mean
s
any form of business entity other than an individual licensee operating under his or her name that offers professional engineering or land surveying services of their l
icensed personnel to the public;

(
vii
)

"
Inactive
l
icensee
"

means
a
l
icensee who is not engaged in professional engineering or land surveying practice which requires licensure in
Wyoming

who has been
granted inactive status. No inactive licensee may practice in
Wyoming
unless otherwise exempted in this act. Inactive licensees are exempt from the co
ntinuing education requirements;

(
viii
)

"
Jurisdiction
"

means
a state, the District of Columbia
or any territory, commonwealth
or possession of the United States that issues licenses to practice and regulates the practice of engineering or land survey
ing within its legal boundaries;

(
ix
)

"
Land
s
urveyor
i
ntern
"
mean
s
a person who has qualified for, taken and has passed an examination in the fundamental surveyor intern subjects, as provided by this act
;

(x)

"
Licensee
"
means any person licensed by the board under this act;

(
xi
)

"
Managing
a
gent
"
mean
s
a natural person who is licensed and who has been designated managing agent by
a
firm.
A
managing agent is responsible for the engineering or land surveying work in
Wyoming

or
for projects or property within
Wyoming
offered or provided by
a
firm. A licensee may not be designated as a managing agent for more than one
(1)
firm. An engineer or land surveyor wh
o renders occasional, part-time
or consulting engineering or land surveying services to, or for, a firm may not be designated as a managing agent.
A
managing ag
ent
'
s responsibilities include:

(A)

Renewal of the certificate of authority and notification to the board of any change in managing a
gent;

(B)

Overall supervision of
a
firm
'
s licensed and subordinate personnel who provides engineering or
land surveying work in
Wyoming
;

(C)

Institution of and insuring adherence to policies of
a
firm relative to the
r
ules of
p
rofessional conduct.

(
xii
)

"
Practice of
e
ngineering
"
mean
s
any service or creative work the adequate performance of which requires engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to adequately perform such services or creative work. It includes
consultation,

research investigation, expert technical testimony,
teaching upper division engineering design subjects, evaluation, planning, design and design coordination o
f engineering works and systems,
planning
the use of land, air and water,
performing
engineering surveys and studies and the review
or management of construction for the purpose of monito
ring
or ensuring compliance with drawings and specifications when such service requires the application of engineering principles.
Practice of engineering
embraces
those
services or work, in connection with utilities, structures, buildings, machines, equipment, process, work systems, projects, communication
systems, transportation systems
and
industrial or consumer products
or equipment of control systems, communications, mechanical, electrical, hydraulic, pneumatic, petroleum, nuclear,
mining, chemical, environmental
or equipment of thermal nature, insofar as they in
volve safeguarding life, health or property. Practice of engineering
include
s
other professional services as may be neces
sary for the planning, progress
and completion of any engineering services.

A person shall be construed to practice or offer to practice engineering who practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other way represents a person to be a professional engineer, or through the use of some other title implies that the person is a professional engineer or that the person is licensed under this act
. Practice of engineering includes
hold
ing
a person out as able to perform or perform
ing
any engineering service or work or any other service designated by the practitioner which is recognized as engineering
;

(
xiii
)

"
Practice of
l
and
s
urveying
"
means to provide
or offer to provide professional
land surveying
services using such sciences as mathematics, geodesy and photogrammetry
and involves both:

(
A
)

T
he making of geometric measurements and gathering related information pertaining to the physical
or legal features of the earth, improvements on the earth,
the spac
e above, on or below the earth

and the research, investigation
and teaching of advanced surveying
subjects, evaluation and planning;
and

(
B
)

Providing, utilizing
or developing the same into survey products such as graphics, data, maps, plans, repor
ts, descriptions
or projects.

A person shall be construed to practice or to offer to practice land surveying within the meaning and intent of this act, who engages in land surveying, or by verbal claim, sign, advertisement, letterhead, card or any other way represents themselves to be a professional land surveyor, through the use of some other title implies that they are able to perform, or who does perform any land surveying service or work or any other service designated by the practitioner which
is recognized as land surveying.

(
xiv
)

"
Professional
e
ngineer
"
means a person who, by reason of special knowledge of the mathematical, physical sciences and the principles
and
methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering and who has been duly licensed as a pro
fessional engineer by the board;

(xv)

"
Professional
e
ngineer,
r
etired
"
mean
s
a person who has been duly licensed as a professional engineer by the board and who chooses to relinquish or not to renew a license and who applies and the board approves the use of the honorific title
"
p
rofessi
onal
e
ngineer,
r
etired;
"

(
xvi
)

"
Professional
l
and
s
urveying services
"

means
consultation, investigation, design coordination, testimony evaluation, expert technical testimony
, planning, mapping, assembling
and interpreting gathered measurements and information related to any one
(1)
or more of the following:

(A)

Determining by measurement the configuration or contour of the earth
'
s surface or the position of fixed objects thereon
;

(B)

Determining by geodetics surveys the size and shape of the earth or the pos
ition of any point on the earth;

(C)

Locating, relocatin
g, establishing, reestablishing
or retracing property lines or boundaries of any tr
act of land, road, right
-
of
-
way or easement;

(D)

Making any surve
y for the division, subdivision
or consolidation of any tract
of land;

(E)

Locating or laying out co
ntrol for alignments, positions
or elevations for
the construction of fixed works;

(F)

Determining, by the use of principles of surveying, the po
sition for any survey monument, boundary or non-boundary,
or reference point and
establishing or replacing any s
uch monument or reference point;

(G)

Creating, preparing or modifying electronic, computerized or other data relative to the performance of the activities in
subparagraphs

(
A
) through (
F) of this paragraph.

(
xvii
)

"
Professional
l
and
s
urveyor
"
mean
s
a person who has been duly licensed as a professional land surveyor by the board established under this act, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics the relate
d physical and applied sciences
and the relevant requirements of law for adequate evidence requisite to surveying of real property, and who is engaged in the practice of surveying as herein defined. The Board may designate a professional land surveyor, on the basis of education
, experience and examination;

(
xviii
)

"
Professional
l
and
s
urveyor,
r
etired
"
mean
s
a person who has been duly licensed as a professional land surveyor by the board
,
who chooses to relinquish or not to renew a license and who applies
and
the board
approves
the use of the honorific title
"
Prof
essional Land Surveyor, Retired;
"

(
xix
)

"
Responsible
c
harge
"
mean
s
direct charge and control and personal supervision of engineering or land surveying
work
. Only a professional engineer or professional land surveyor may legally assume respon
sible charge under this act;

(xx
)

"
S
eal
"
means a symbol, image
or list of information adopted in accordance with
b
oard rules
;

(x
x
i)

"
This act
"
means W.S. 33
‑
29
‑
201 through 33
‑
29
‑
2
4
9
.

33
‑
29
‑
202.

Creation of board.

(a)

The
Wyoming

b
oard of
p
rofessional engineers and
p
rofessional
l
and
s
urveyors is created to consist of eight (8) members appointed by the governor for a term of four (4) years plus the state engineer who shall serve during his term in office. The board shall be composed of:

(i)

The state engineer;

(ii)

F
our (4) professional engineers, one
(1) of
who
m
shall be involved in engineering education at the university level, and two (2) of
whom

shall
be in private practice. At most, one
(1)
may be a
dual licensee;

(iii)

Three (3) professional land surveyors
,
two (2) of
whom shall
be in private practice; and

(iv)

One (1) public member who is
neither a professional engineer nor a professional land surveyor.

(b)

The governor may remove any member of the board for misconduct
, incompetence, neglect of duty
or for reason prescribed by law for removal of
Wyoming
officials. Vacancies in the membership of the board shall be filled for the unexpired term by appointment of the governor.

(c)

Each member of the board shall receive a certificate of appointment from the governor, and before beginning his term of office, he shall file with the secretary of state the constitutional oath of office.

33
‑
29
‑
203.

Qualifications of board members.

(a)

All appointees
shall
be a resident of
Wyoming
for five (5) years or more.

(b)

Each engineering member of the board shall be a citizen of the
United States
and a resident of
Wyoming
.
Each engineering member
shall have been engaged in the lawful practice of engineering as a professional engineer for at least twelve (12) years, shall have been in responsible charge of engineering servi
ces for at least five (5) years
and shall be a licensed professional engineer in
Wyoming
.

(c)

Each land survey
or
member of the board shall be a citizen of the
United States
and a resident of
Wyoming
.
Each land surveyor member
shall have been engaged in the lawful practice of land surveying as a professional land surveyor for at least twelve (12) years, shall have been in responsible charge of land surveying servi
ces for at least five (5) years
and shall be licensed as a professional land surveyor in Wyoming.

33
‑
29
‑
204.

Compensation of board members.

Each member of the board except the state engineer shall receive as salary the sum paid each day to legislators for the time consumed in the performance of his duties. Each member shall receive reimbursement for all travel, incidental and other expenses which is normal, under state policy. Mileage allowance as allowed to state employees shall be paid. Compensation and expenses shall be paid only from the fees collected by the board.

33
‑
29
‑
205.

Organization of board.

(a)

The
b
oard shall hold at least four (4) regular meetings each year. Special meetings may be held as the statutes or rules of the board provide.

(b)

The board shall elect the following officers biennially to serve not more than two (2) consecutive terms: a chairperson, a vice chairperson and a secretary
-
treasurer.

(c)

Six (6) members constitute a quorum. No decision shall be made unless it receives affirmative votes of at least five (5) members of the board.

33
‑
29
‑
206.

Powers and duties of board.

(a)

The board shall have the power to adopt and amend bylaws and rules of procedure not inconsistent with the constitution and laws of
Wyoming
or this act.
The board
may adopt and amend
the
rules and procedures as are necessary to carry
out the provisions of this act, i
ncluding, but not limited to, the adoption and promulgation of
r
ules of
p
rofessional
c
onduct, which may be reasonabl
y
necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations and the conduct thereof. Rules adopted by the board shall be binding upon persons licensed under this act and on nonlicensees found by the board to be in violation of provisions of this act and shall be applicable to
firms
holding a
certificate
of authorization. The board shall adopt and have an official seal, which shall be affixed to each license issued.

(b)

In carrying into effect the provisions of this act, the board may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents, or other pertinent data, in any disciplinary matter, or in any case wherever a violation of this act is alleged. Upon failure or refusal to comply w
ith any such order of the board
or upon failure to honor its subpoena, as herein provided, the board may apply to any
Wyoming
court to enforce compliance with same.

(c)

The board is hereby authorized to apply for relief by injunction in the established manner provided in civil cases, without bond, to enforc
e to the provisions of this act
or to restrain any violation thereof. In
those
proceedings, it shall not be necessary to allege or prove, either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof. The members of the board shall not be personally liable fo
r instituting these proceedings.

(d)

The board may subject an applicant for licensure to such examinations as it deems necessary to determine the
applicant
'
s
qualifications.

(e)

The board shall have the power and authority to require a demonstration of continuing professional competency of engineers and land surveyors as a condition of renewal or relicensure.

(f)

The board has the authority
to seek
citation and fining of persons engaged in the unlawful practice of engineering or land surveying who are not licensed in
Wyoming
as provided by law.

(g)

The board shall retain and exercise all administrative and civil rights and remedies commonly available to agencies in
Wyoming
. No action or other legal proceedings for damages shall be instituted against the board or against any board member or employee or agent of the board for any act done in good faith and in the intended performance of any power granted under this act or for any neglect or default in the performance or exercise in good faith of any such duty or power.

(h)

T
he board shall have the power and authority to waive requirements of this law pertaining to land surveying or engineering licensure provided consideration is given to safeguarding l
ife, health
and property and promoting the public welfare.

(
j
)

In carrying out the duties, functions and obligation in this act, the board may contract with any
Wyoming
agency or private vendor as the board considers appropriate. The board may also enter into contracts to acquire, own, encumber, issue, replace, deal in and dispose of real and personal property.

(
k
)

The board shall have the power to appoint committees as it deems necessary to assist the board in carrying out its responsibilities under this act. All individuals appointed by the board to serve on committees or otherwise carryout the functions of this act are entitled to reimbursement of expenses as approved by the board.

(
m
)

The board shall have the power to employ a board administrator and staff to properly perform its work and to assist in carrying out the responsibilities of this act. All individuals employed by the board shall receive such salary and salary adjustment
s as the board shall determine.

(
n
)

T
he board shall have the power to adopt and collect fees in amounts necessary to enable the board to carry out its function under this act. The board administrator shall receive and account for all monies derived under the provisions of this act. This fund shall be known as the
p
rofessional
e
ngineer and
p
rofessional
s
urveyors
'

f
und and shall be deposited with the
Wyoming

s
tate
t
reasurer, and shall be paid out only upon requisitions submitted by the board administrator and secretary-treasurer. All monies in this fund are hereby specifically appropriated for the use of the board. The board administrator and secretary-treasurer shall give a surety bond to the
Wyoming

s
tate
t
reasurer in such sum and may be required by the laws of
Wyoming
. The premium on said bond shall be regarded as a proper and necessary expense of the board. The board shall pay expenditures from the abovementioned fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this act, including the expenses of the board
'
s delegates to meetings of, and membership fees to, any national organization including miscellaneous expenses associated with election to regional or national offices deemed appropriate by the board. Under no circumstance shall the total amount of warrants issued in payment of the expenses and compensation provided for in this act exceed the amount of monies collected. The board shall adopt a budget in accordance with accepted accounting principles and
Wyoming
requirements. Periodic budget status reports showing classifications of expenditures and revenues shall be made to the public of stakeholders. An annual financial report shall be made by the board administrator and secretary-treasurer to the governor, state auditor or other appropriate fiscal oversight authority in
Wyoming
.

(
o
)

The board shall be authorized to use electronic transmissions for all purposes permitted under this act.

(
p
)

The board may establish or adopt by rule and regulation minimum standards of practice for professional land surveyors.

33
‑
29
‑
207.

Petition for injunction.

(a)

The district court shall issue an injunction forthwith upon a petition filed as provided in this section to enjoin the practice of engineering or land surveying by any person not licensed to practice those occupations or who is not exempt under this act from
licensure
requirements.

(b)

The district court of the district in which the offending party resides or the district court of Laramie
c
ounty shall have original jurisdiction of any injunction proceedings.

(c)

In a petition for injunction pursuant to subsection (a) of this section, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of engineering or land surveying without a license and without being exempt under this act from licensure requirements. No showing of actual damage or injury shall be required.

(d)

The petition shall be filed in the name of the state by the board or at the request of the board by the attorney general or any county or district attorney in any county where the respondent resides or may be found.

(e)

Issuance of an injunction shall not relieve respondent from being subject to any other proceeding under this act. Any violation of an injunction shall be punished as contempt of court.

33
‑
29
‑
208.

Annual report of board; filing copies of lists of
licensees
.

In October of each year the board shall make a report to the governor. A complete roster showing the names and last known addresses of all licensed professional engineers and licensed professional land
surveyors
shall be published by the board administrator once each year in a format approved by the board.

33
‑
29
‑
209.

Technical licensure fund.

The secretary-treasurer or board administrator shall transmit to the state treasurer all fees or other revenues received by the board to be credited to a separate account. Revenues of the board shall be subject at all times to the warrant of the state auditor, drawn upon written requisition of the secretary-treasurer or board administrator for payment of any expenses received by the board.

33
‑
29
‑
210.

Immunity from personal liability.

(a)

Members, agents and employees of the board and any person reporting information to the board under oath, are immune from personal liability with respect to acts done and actions taken in good faith without fraud or malice.

(b)

The immunity provided by this section shall extend to the members of any professional review committee, investigator and witnesses appearing before the committee or board.

33
‑
29
‑
211
.

License required for the practice of engineering or land surveying.

The practice of engineering and land surveying is a privilege which shall be granted by the licensing board pursuant to this act, based on t
he qualifications of the person
or
firm
as evidenced by a license. In order to safe
guard life, health and property
and to promote the public welfare, any person, or
firm
in either public or private capacity desiring to practice or offer to practice professional engineering or professional land surveying in Wyoming shall be required to submit evidence to the board showing that the applicant is qualified to practice and shall be licensed as provided by this act and board rules and regulations.

33
‑
29
‑
212.

Qualification for intern licensure.

(a)

An applicant for intern licensure as an engineer shall:

(i)

Be of good moral character and repute; and

(ii)

The following shall be considered as minimum evidence that the applicant is qualified for licensure as an engineer intern. A college senior or graduate of an engineering program of four (4) years or more approved by the
b
oard shall be admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing
the
examination and providing proof of graduation from
an
engineering program, the applicant shall be certified or enrolled as an engineer intern.

(b)

An applicant for intern licensure as a land surveyor shall:

(i)

Be of good moral character and repute; and

(ii)

A college senior or graduate of a surveying program of four (4) years or more approved by the
board shall be admitted to an eight (8)
hour written examination in the fundamentals of surveying. Upon passing
the
examination and providing proof of graduation, the applicant shall be certified or enrolled as a surveyor intern, if the applicant is otherwise qualified; or

(iii)

A graduate of a program related to surveyin
g of four (4) years or more,
including at least thirty (30) seme
ster credit hours in surveying,
as approved by the board and with a specific record of two (2) years of progressive experience in surveying shall be admitted to an eight (8) hour written examination in the fundamentals of surveying.

Upon passing
the
examination, the applicant shall be certified or enrolled as a surveyor intern, if the applicant is otherwise qualified; or

(iv)

A graduate of a program not related to surveying of four (4) ye
ars or more,
including at least thirty (30) seme
ster credit hours in surveying,
as approved by the board and with a specific record of four (4) years of progressive experience in surveying shall be admitted to an eight (8) hour written examination in the fundamentals of surveying. Upon passing
the
examination, the applicant shall be certified or enrolled as a surveyor intern, if the applicant is otherwise qualified; or

(v)

Have an associate degree in surveying technology curriculum approved by the board plus four (4) years of combined office and field experience in land surveying, of which two (2) years shall have been in charge of land surveying projects under the supervision of a
licensed
land surveyor;

(vi)

U
nless exempt under W.S.
33
‑
29
‑
217
(c), pass the
fundamentals of land surveying
examination.

33
‑
29
‑
213.

Qualification for professional licensure.

(a)

An applicant for professional
licensure
as an engineer shall:

(i)

Be of good moral character and repute; and

(ii)

Meet all the qualifications for an engineering intern;

(iii)

Be an engineer intern or an individual with a doctorate in engineering acceptable to the board with a specific record of an additional four (4) years or more of progressive experience on engineering projects of a grade and a character which indicates to the board that the applicant may be competent to practice engineering shall be admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing such examinations, the applicant shall be granted a license to practice engineering in
Wyoming
, provided the a
pplicant is otherwise qualified;

(iv)

Unless exempt under W.S. 33
‑
29
‑
217
, pass the fundamentals and professional examinations in the discipli
ne in which licensure is sought;

(v)

Notwithstanding the requirements in
paragraphs
(i)
through (iv)
of this
sub
section, the board may adopt rules for the licensure of an int
ernational candidate;

(vi)

Notwithstanding the requirements in
paragraphs (i)
through (iv)
of this
sub
section, the board may adopt rules for the licensure of a comity applicant who has twenty (20) ye
ars of discipline free practice;

(vii)

Notwithstanding the requirements in
paragraphs (i)
through (iv)

of this
sub
section, the board may adopt rules for the licensure of an applicant who has earned a doctorate in engineering.

(b)

An applicant for professional licensure as a land surveyor shall:

(i)

Be of good moral character and repute; and

(ii)

Meet all the qualificat
ions for a land surveyor intern;
and

(iii)

Have a specific record of an additional four (4) years of combined office and field experience satisfactory to the board in land surveying of which a minimum of three (3) years
'
progressive experience has been on land surveying projects under the supervision of a professional land surveyor, shall be admitted to an eight (8) hour written examination in the principles and practice of surveying. Upon passing such examination, the applicant shall be granted a license to practice surveying in
Wyoming
, provided the app
licant is otherwise qualified;

(iv)

Unless exempt under W.S. 33
‑
29
‑
217
, pass the inte
rn and professional examination;

(v)

Notwithstanding the requirements in
paragraphs (i)
through (iv)

of this
sub
section, the board may adopt rules for the licensur
e of an international candidate;

(vi)

Notwithstanding the requirements in
paragraphs
(i)
through (iv)

of this
sub
section, the board may adopt rules for the licensure of a comity applicant who has twenty (20) ye
ars of discipline free practice;

(vii)

Notwithstanding the requirements in
paragraphs (i)
through (iv)
of this
sub
section, the board may adopt rules for the licensure of an applicant who has earned a doctorate in land surveying.

33
‑
29
‑
214.

Application for licensure.

(a)

Application for licensure
as a professional engineer
or professional land surveyor or licensure as an engineer intern or surveyor intern shall be on a form and in a manner prescribed and furnished by the board; shall contain statements made under oath, showing the applicant
'
s education and a detailed summary of technical and engineering experien
ce or land surveying experience
and shall include the names and complete mailing addresses of the applicant
'
s references.

(b)

The board may accept the verified information contained in a valid
c
ouncil
r
ecord issued by the
n
ational
c
ouncil of
e
xaminers for
e
ngineering and
s
urveying or its successor organization for applicants which contains all information that is required on the form prescribed and furnished by the board.

33
‑
29
‑
215.

Fees.

The licensure fee shall be established by regulations of the board for licensure as a professional engineer or a professional land surveyor, for licensure as an engineer intern or surveyor intern,
shall be
i
n accordance with W.S. 33
‑
1
‑
201
and shall accompany the application.

The licensure fee for
firms
shall be established by regulation of the board and shall accompany the application.

The reasonable cost of rendering other miscellaneous services may be recovered by the board.

All fees are nonrefundable.

33
‑
29
‑
216.

Seals and
l
icenses.

(a)

The board shall adopt and prescribe seals for use of licensees who hold valid licenses. Each seal shall bear the name of the licensee, shall state the profession in which he is permitted to practice and other data the board deems pertinent.

(b)

Nonelectronic plans, specification, plats or reports prepared by a licensee or his bona fide employee shall be issued under his seal, with the s
ignature of the licensee
and the date signed superimposed over the seal.

(c)

It is unlawful for a licensee whose license has expired or has been revok
ed or suspended to use the seal
or for a licensee to sign, stamp or seal any document not prepared by him or by an employee under his supervision.

(d)

It is unlawful for any nonlicensee to cause or permit the illegal use of a licensee
'
s seal, signature or stamp on any document prepared by the nonlicensee.

(e)

T
he board shall issue to any applicant who, in the opinion of the board, has met the requirements of this act, a license giving the licensee proper authority to practice their profession in
Wyoming
. The license of licensure for a professional engineer shall carry the designation
"
p
rofessional
e
ngineer
"
and for a professional land surveyor,
"
p
rofessional
l
and
s
urveyor.
"
It shall give the full name of the licensee with licensure number and shall be signed by the chairperson and the board administrator under the seal of the board.

(f)

This license shall be prima facie evidence that the person named thereon is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor while the said licensure remains unrevoked and unexpired.

(g)

The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this act, an enrollment card as engineer intern or land surveyor intern, which indicates that their name has be
en
recorded as such in the board office. The engineer intern or land surveyor intern enrollment card does not authorize the holder to practice as a professional engineer o
r a professional land surveyor.

(h)

Each licensee hereunder
shall
, upon licensure, obtain a seal, the use and design of which shall be described fully in
b
oard
r
ules and
r
egulations.

It shall be unlawful for a licensee to affix or to permit their seal and signature to be affixed to any document after the expiration or revocation of a license or for the purpose of aiding or abetting any other person to evade or attempt to evade any provisions of this act.

Whenever the seal is applied, the document
shall
be signed by the licensee thereby certifying that he is competent in the subject matter and was in responsible charge of the work product. Documents
shall
be sealed and signed in accordance with
b
oard rules.

33
‑
29
‑
217.

Licensure by
c
omity.

(a)

A person holding a license to engage in the practice of engineering, issued by a proper authority of a
ny
jurisdiction or any foreign country, based on requirements that do not conflict with the provisions of this act and possessing credentials that are, in the judgment of the board, based on a standard not lower than that specified in the licensure act in effect in Wyoming at the time
the license was issued may
be licensed without further examination except as required to present evidence of knowledge of statutes, rules and design requirements unique to Wyoming, upon application which may incl
ude a
c
ouncil
r
ecord with
national council of examiners for engineering and surveying
.

(b)

A person holding an active council record with the
n
ational
c
ouncil of
e
xaminers for
e
ngineering and
s
urveying or successor, whose qualifications are evidenced by the council record, and meet the requirements of
this act, may
be licensed without further examination except as required to examine the applicant
'
s knowledge of statutes, rules and design requirements unique to
Wyoming
, upon application.

(c)

The board may exempt an applicant from the fundamentals examination if he is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which licensure is sought for at least twenty (20) years after graduation.

(d)

A person holding a license to engage in the practice of land surveying, issued by a proper authority of a
ny
jurisdiction or any foreign country, which is based on requirements that do not conflict with the provisions of this act who possesses credentials that, in the judgment of the board, meet a standard not lower than that specified in the licensure act of effect in Wyoming at the time
the
license was issued, may, upon application which may include a council record with NCEES, be licensed without further examination except as required to present evidence of knowledge of stat
ut
es, rules and surveying requirements unique to Wyoming.

(e)

A person holding an active council record with the
n
ational
c
ouncil of
e
xaminers for
e
ngineering and
s
urveying, whose qualifications
,
as evidenced by
a
council record, meet the requirements of this act, may be licensed without further examination except as required to examine the applicant
'
s knowledge of statutes, rules and surveying requirements unique to Wyoming upon application.

33
‑
29
‑
218.

Renewal of licenses; fees and penalties.

(a)

The board may establish a staggered system for renewing certificates of licensure on a biennial basis.

(b)

Certificates of licensure are invalid after their expiration date unless renewed by payment of the required renewal fee. If the renewal fee is not paid prior to the expiration date, it shall be accompanied by a penalty fee established by the board based on the period of delinquency
.

(c)

The board may cancel a certificate of licensure if it has remained invalid for two (2) years. A new application, accompanied by the application fee for relicensure, and by meeting all requirements of the board, including demonstration of continuing professional competency are required for reinstatement.

(d)

If a licensee is granted inactive status, the licensee may return to active status by notifying the board in advance, paying appropriate fees and meeting all requirements of the board, including demonstration of continuing professional competency for reinstatement.

(e)

The board shall establish the biennial renewal fee pursuant to W.S. 33
‑
1
‑
201.

33
‑
29
‑
219.

Revocation of license; censure; probation; hearing; notice of findings; appeal.

(a)

The board may take the following disciplinary actions, in combination or alternatively:

(i)

Revocation of a license or certificate of authority;

(ii)

Suspension of a license or certificate of authority;

(iii)

Imposition of an administrative penalty in an amount not to exceed two thousand dollars ($2,000.00) for each violation of this act or rules promulgated under this act and recover investigation and hearing costs, to be collected, paid to the state treasurer and credited as provided in W.S. 8
‑
1
‑
109;

(iv)

Imposition of restrictions on the scope of the licensee
'
s professional practice;

(v)

Imposition of peer review and professional education requirements;

(vi)

Imposition of probation requirements best adapted to protect the public safety, health and welfare which may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this act or rules promulgated under this act;

(vii)

Issuance of a written reprimand.

(b)

The board may take disciplinary action against the holder of a license under this act, upon proof satisfactory to the board that the person:

(i)

Has engaged in any act inconsistent with uniform and reasonable standards of professional conduct as defined by board rules and regulations;

(ii)

Has practiced fraud or misrepresentation:

(A)

In obtaining a license, whether in the application or qualification examination;

(B)

I
n submitting any information or record to the board; or

(C)

In signing any document as a
licensed
professional.

(iii)

Is unfit to practice by reason of incompetence, habitual or gross negligence or other misconduct in the practice of his profession;

(iv)

Has aided or abetted another to evade or violate this act or knowingly combined or conspired with an unlicensed person, or allowed one
'
s license to be used by an unlicensed person or acted as agent, partner, associate or otherwise, for an unlicensed person with intent to evade or violate this act;

(v)

Has had a license to practice engineering or land surveying in another jurisdiction denied, revoked, suspended, restricted or otherwise disciplined other than by reason of failure to renew or meet education requirements;

(vi)

Has been found guilty by a court or has entered a plea of nolo contendere to a felony;

(vii)

Has knowingly engaged in an act which the licensee knew was beyond the scope of his professional practice as evidenced by limitations on the licensee
'
s right to practice, or insufficient education and knowledge, or inability to apply engineering or land surveying principles and skills;

(viii)

Has violated this act or any provision of the rules or regulations of the board or any order of the board.

(c)

Upon reasonable grounds to believe that a person under the board
'
s authority has committed acts in violation of this act, the board may conduct investigations, hearing and proceedings to determine whether a disciplinary action should be taken against the holder of a license under this act. The board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing. A disciplinary action may be informally settled by the board and the holder of a license under this act who is the subject of the action either before or after initiation of hearing proceedings.

(d)

The accused may appear personally or be represented by an attorney at the hearing and present witnesses and evidence in the persons defense and the accused may cross-examine witnesses.

(e)

The board shall immediately notify the clerk of each county in the state and the secretary of state, in the case of a
firm
, of the suspension or revocation of a license or of the reissuance of a suspended or revoked license.

(f)

Any person whose license has been denied, suspended or revoked pursuant to this act may apply for reinstatement to the board after fulfilling those requirements determined by the board. The board may grant or deny the application or it may modify its original findings to reflect any circumstances that have changed sufficiently to warrant modifications.

(g)

As a result of disciplinary action, the board may in addition to the other powers and duties, issue, renew or reinstate licenses subject to reasonable conditions which the board may impose.

(h)

Decisions of the board are subject to judicial review as provided by law.

(j)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a permit issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the permit in accordance with the terms of the court order. No appeal under the Wyoming
A
dministrative
P
rocedure
A
ct shall be allowed for a permit withheld, suspended or restricted under this subsection.

33
‑
29
‑
220.

Confidentiality of records.

Board records and papers of the following class are of a confidential nature and are not public records: examination material for examinations not yet given, file records of examination problems and solutions, exam scores, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, e-mail addresses, board inquiry forms concerning applicants, pending and closed complaints and investigative files until a formal hearing may commence or until final disciplinary action is taken, cases dismissed without disciplinary action, all other materi
als of like confidential nature
and information otherwise protected by law.

33
‑
29
‑
221.

Practice by business entities.

(a)

A firm that practices or offers to practice engineering or land surveying is required to obtain a certificate of authorization by the board in accordance with the
board r
ules.

(b)

An engineering or land surveying firm desiring a certificate of authorization
shall
file with the board a complete application using a form provided by the board. A form as provided by the board shall be filed with the board upon renewal or within
thirty (
30
)
days of the time any information contained on the application form is changed or differs for any reason. If in the judgment of the board the application meets the requirements of this act, the board shall issue a certificate of authorization for
the
firm to practice engineering or land surveying.

(c)

A
certificate of authorization is not required for a firm performing engineering or land surveying for the firm itself or a parent or subsidiary of said firm.

(d)

No firm shall be relieved of responsibility for the conduct or acts of its agents, employe
es, officers, partners, members
or managers by reason of its compliance with the provisions of this section. No individual practicing engineering or land surveying under the provisions of this act shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

33
‑
29
‑
222.

Public works.

(a)

Drawings, plans, specifications and estimates for public works of the state or a political subdivision thereof involving engineering or land surveying, shall be prepared by or under the personal direction of, and the construction of the works shall be executed under the direct supervision of a qualified
licensee
within the category involved.

(b)

Surveys or maps required in connection with land surveying shall be made by or under the personal direction of a qualified
licensee
.

33
‑
29
‑
223.

Exemptions and limitations.

(a)

The provisions of this act shall not apply to:

(i)

An officer or employee of the United States practicing within the scope of his authority and employment except when filing water rights or water right petitions with the state of Wyoming as provided in title 41 of the Wyoming statu
t
es;

(ii)

An officer or employee of the s
tate of Wyoming
performing regulatory reviews
within the scope of his authority and employment except when filing water rights or water right petitions with the state of Wyoming as provided in title 41 of the Wyoming statutes;

(ii
i
)

An employee of a licensee or of a person exempt from license, if the employment does not involve direct responsibility for design, inspection or supervision;

(i
v
)

Any full-time employee of any
firm
while doing work for that
firm
, provided, that all maps, plats, plans or designs filed in any office of public record in the state of
Wyoming
shall be certified by a licensed professional engineer or professional land surveyor as provided by W.S. 33
‑
29
‑
226
. This exemption does not apply to
firms
offering their services to the public as professional engineers or professional land surveyors or to
firms
engaged in designing and supervising the building of works for public or private interest not their own
;

(
v)

The work of an employee or a subordinate of a person holding a license under this act, provided such work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of and verified by a person holding a license under this act.

(v
i
)

A utility company or telecommunications co
mpany regulated by the
Wyoming
public service c
ommission and the company
’
s employees practicing within the scope of their employment and authority.

33
‑
29
‑
224.

Violations.

(a)

The
b
oard shall have the power to suspend, revoke, place on probation, reprimand
,
refuse to issue, restore or renew a license to
or recommend a fine for
any professional engineer or professional land surveyor who is found guilty of:

(i)

The practice of any fraud or deceit in obtaining or attempting to obtain or renew a license or certificate of authorization
;

(ii)

Any negligence, incompetence or misconduct in the practice of engineering or land surveying
;

(iii)

Conviction of or entry of a plea of guilty or nolo contendere to any crime which is a felony, whether related to practic
e or not,
and conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying
;

(iv)

Failure to comply with any of the provisions of this act or any of the rules or
regulations pertaining thereto;

(v)

Dis
cipline by another jurisdiction
any other governmental agency, if at least one
(1)
of the grounds for discipline is the same or substantially equivalent to those contained in this section
;

(vi)

Failure to provide information requested by the board as a result of a formal or informal complaint to the board which would indicate a
violation of this act, or rule
s and regulations pertaining thereto
;

(vii)

Knowingly making false statements or signing false statement
s
, licensures
or affidavits to induce payment;

(viii)

Aiding or assisting another person in violating any provision of this act or rules
and

regulations pertaining thereto;

(ix)

Violating any terms of
probation imposed by the board;

(x)

Using a seal or practicing engineering or land surveying while the professional engineer
'
s license or professional surveyor
'
s license is suspended, re
voked, nonrenewed
or inactive;

(xi)

Signing, affixing
or permitting the licensee
'
s seal or signature to be affixed to any specifications, reports, drawings, plans, plats, design information, construction documents or calculations, survey
s
or revisions thereof which have not been prepared by the licensee or under the licensee
'
s responsibility
or direct personal supervision;

(xii)

Engaging in dishonorable, unethical or unprofessional conduct of a character likely to dece
ive, defraud or harm the public;

(xiii)

Providing false testim
ony or information to the board;

(xiv)

Habitual intoxication or addiction
to the use of drugs or alcohol;

(xv)

Providing engineering or land surveying services outside any of the licensee
'
s fields of competence.

(b)

Anyone found guilty of a violation of this section shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment of not more than one (1) year, or both.

The district attorney of the county in which the misdemeanor is committed shall prosecute the case upon proper information of the board,
or any other person interested.

(
c
)

The board shall have prepared and shall adopt
r
ules of
p
rofessional
c
onduct as provided for in this act, which shall be made known in writing to every licensee and applicant for licensure under this act.

The
b
oard may revise and amend these
r
ules of
p
rofessional
c
onduct from time to time and shall notify each licensee in writing of such revisions or amendments.

(
d
)

In addition to any other penalty provided in this section, the board shall have the power to revoke, suspend, place on probation,
reprimand
,
re
fuse to issue, restore or renew
the certificate of authorization of
or recommend a fine for
any firm where one
(1)
or more of its officers, directors, partners, members or managers have been found guilty of any conduct which would constitute a violation under the provisions of this section.

(
e
)

Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing within
thirty (
30
)
days of issuance of notice.

(
f
)

In connection with
any
proceeding under
s
ubsections
(
a
)
and
(
b
)
of this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney general to bring an action to enforce a subpoena.

33
‑
29
‑
225.

Renewal of license

(a)

Any individual holding a certificate of registration in this state that is valid on July
1
, 2011, shall be deemed to be
licensed
under this act.

(b)

Those licensed or authorized under the provisions of this
a
ct are eligible for renewal of their license or certificate of authorization pursuant to renewal requirements established in this act and the rules and regulations adopted by the board.

33
‑
29
‑
226.

Maps, plats, plans or designs for filing to be certified by professional engineer or surveyor; exception; size of maps.

(a)

All maps, plats, plans or designs necessary to be filed in the state engineer
'
s office, the office of state lands and investments, all county clerks
'
o
ffices, all city or town office
, or any other office of public record in the state of Wyoming, shall be certified by a professional engineer or land surveyor licensed under this act. Hardcopy originals
shall
either be drawn in waterproof black ink or acetate ink, or be an acceptable photographic or other kind of reproduction on good quality polyester base drafting film in a minimum thickness of four-thousandths (.004) inch or as otherwise required by the receiving entity. Maps formatted as required by the receiving entity may be submitted in electronic form as provided by the Uniform Electronic Transactions Act
,
W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119. All nonelectronic maps, plats, plans or designs shall conform to one (1) of the following sizes and shall consist of one (1) original drawing together with one (1) print:

(i)

Size A

-
e
ight and one-half (8
1/2
) inches wide and eleven (11) inches long;

(ii)

Size AA

-
e
ight and one-half (8
1/2
) inches wid
e and fourteen (14) inches long;

(iii)

Size B

- fifteen (15) inches long and ten and three-fourths (10
3/4
) inches wide. There shall be a minimum of one and one-half (1
1/2) inch
margin on the left side of the short dimension for binding edge; the remaining three (3) margins shall be one-fourth (1/4) inch each;

(iv)

Size C

-
t
hirty-six (36) inches long and twenty-two (22) inches wide. There shall be a minimum of one and one-half (1
1/2) inch
margin on the left side of the short dimension for a binding edge; the remaining three (3) margins shall be one-half (1/2) inch each;

(v)

S
ize D

-
t
wenty-one and one-half (21
1/2
) inches long and fifteen (15) inches wide. There shall be a minimum of one and one-half (1
1/2
) inches on the left side of the long dimension to serve as a binding edge; the three (3) remaining margins shall be three-eighths (3/8) of an inch each;

(vi)

Size E

-
t
hirty (30) inches long and twenty-one and one-half (21
1/2
) inches wide. There shall be a minimum of one and one-half (1
1/2) inch
margin on the left side of the short dimension to serve as a binding edge; the remaining margins shall be one-half (1/2) inch each;

(vii)

Size F

-
f
orty (40) inches long and thirty-five (35) inches wide. There shall be margins of three-fourths (3/4) of an inch on all edges;

(viii)

Size G

-
t
wenty-four (24) inches by thirty-six (36) inches. There shall be a minimum of one and one-half (1
1/2) inch
margin on the left side of the short dimension to serve as a binding edge
;
the three (3) remaining margins shall be one-half (1/2) of an inch each
;

(ix)

Size H

-
e
ighteen (18) inches by twenty-four (24) inches. There shall be a minimum of one and one-half (1
1/2
) inches on the left side of the long dimension to serve as a binding edge; the three (3) remaining margins shall be three
-eighths (3/8) of an inch each;

(x)

Size AAA

-
e
leven (11) inches by seventeen (17) inches.

(b)

The requirement for certificate of maps and plans by a
licensed
engineer or land surveyor shall not apply, in the case of applications filed in the state engineer
'
s office to construct small reservoirs for stock purposes only, fishing preserve waters where the capacity of such reservoir does not exceed twenty (20) acre feet or twenty (20) feet in fill height; to develop springs for stock water purposes of up to twenty-five (25) gallons per minute; or to construct flood water detention dam storing fifty (50) acre feet or less and not to exceed twenty (20) feet in fill height provided the dam has a minimum outlet of eighteen (18) inches diameter and the dead storage does not exceed twenty (20) acre feet.

(c)

The application may be signed by the applicant or an agent acting for him and may be accompanied by aerial photographs or United States geological surveyor quadrangle maps of a scale conforming to the requirements of this act with designation thereon
of the township, range, section
and s
ection corner or quarter corner
and the location of the installation designated in the quarter section of the photographs or United States geological survey quadrangle maps a description of:

(i)

The dam including height, width, depth, construction materials, depth to be submerged and height of the free board;

(ii)

The reservoir including length, width, average depth, submerged area and capacity;

(iii)

If aerial photographs or
United States
geological maps are submitted they
shall
comply with the following requirements:

(A)

Two (2) aerial photographs or
United States
geological survey quadrangle maps mounted on eight (8) inch by ten (10) inch sheets
shall
accompany each application;

(B)

The minimum scale on the aerial photographs or
United States
geological survey quadrangle maps must be not less than two (2) inches to the mile;

(C)

An identified section corner or quarter corner
shall
be shown on each photograph or
United States
geological survey quadrangle map;

(D)

The entire section in which the facility is located
shall
be shown on each photograph or
United States
geological survey map along with subdivision lines showing forty (40) acre tracts;

(E)

The location of the facility
shall
be shown within the proper forty (40) acre subdivision.

(d)

All applications submitted under this act
shall
comply with properly promulgated rules and regulations of the state engineer and the board of control not in conflict with this act.

33
‑
29
‑
227.

Administrative transfer to the department of administration and information.

(a)

The
b
oard is transferred to the department of administration and information as a Type 3 transfer in accordance with W.S. 9
‑
2
‑
1707(b)(iii).

(b)

Type 3 transfer

-
a
Type 3 transfer is the transfer of an agency with a primary function of issuing licenses or permits to engage in a profession or occupation to a department. The department
of administration and information
shall provide budget, fiscal, administrative and clerical services to any agency requesting these services, but not affect its authority with respect to licensure. The positions, personnel, property and appropriated funds of these agencies shall not be transferred to the department. Any agency requesting the services described in this paragraph shall compensate the department for them at a reasonable rate established by the department. In addition to offering the optional services specified in this paragraph, the department shall:

(i)

Provide administrative oversight of agency procedures to assure that each agency is in compliance with existing statutes that created the agency and that govern the agency
'
s functions;

(ii)

P
rovide guidance to agencies in matters pertaining to budget preparation, individual agency administration, personnel and other procedural functions;

(iii)

Function as a liaison between individual agencies within the department and between agencies and other departments within state government;

(iv)

Review the current practices of each agency and make recommendations to individual agencies which might improve the efficiency of the agency.

33
‑
29
‑
240.

Short title.

W.S. 33
‑
29
‑
240
through 33
‑
29
‑
2
49 may be cited as the
"
Corner Perpetuation and Filing Act
.
"

33
‑
29
‑
241.

Definitions.

(a)

Except where the context indicates a different meaning, terms used in W.S. 33
‑
29
‑
2
4
0
through 33
‑
29
‑
2
49 shall be defined as follows:

(i)

A
"
property corner
"
is a geographic point on the surface of the earth, and is on, a part of, and controls a property line;

(ii)

A
"
property controlling corner
"
for a property
is a public land survey corner or any property corner
which does not lie on a property line of the property in question, but which controls the location of one (1) or more of the property corners of the property in question;

(iii)

A
"
public land survey corner
"
is any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the
United States
government;

(iv)

A
"
corner,
"
unless otherwise qualified, means a property corner, or a property controlling corner, or a public land survey corner or any combination of these;

(v)

An
"
accessory to a corner
"
is any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes or other objects;

(vi)

A
"
monument
"
is an accessory that is presumed to occupy the exact position of a corner;

(vii)

A
"
reference monument
"
is a special monument that does not occupy the same geographical position as the corner itself, but whose
spatial
relationship to the corner is recorded and which
serves to witness the corner;

(viii)

A
"
licensed land surveyor
"
is a surveyor who is licensed to practice land surveying under W.S. 33
‑
29
‑
2
01
through 33
‑
29
‑
2
26
and has a current license for that calendar year;

(ix)

T
he
"
board
"
is
the
Wyoming

b
oard of
p
rofessional
e
ngineers and
p
rofessional
l
and
s
urveyors.

33
‑
29
‑
242.

Completion of
"
corner file.
"

A surveyor shall complete, sign and file with the county clerk where the corner is situated, a written record of corner establishment or restoration to be known as a
"
corner file
"
for every public land survey corner and accessory to such corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey by such surveyor and within ninety (90) days thereafter, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of W.S. 33
‑
29
‑
2
40 through 33
‑
29
‑
2
49.

33
‑
29
‑
243.

Filing of corner reference.

A surveyor may file
a
corner record as to any property corner, property controlling corner, reference monument or accessory to a corner.

33
‑
29
‑
244.

Information to be included in corner file; form.

The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner file and the board shall prescribe the form in which the corner record shall be presented and filed.

33
‑
29
‑
245.

Preservation of map records; public inspection.

(a)

The county clerk of the county containing the corners, as part of his files, shall have on record maps of each township within the county, the bearings and lengths of the connecting lines to government corners and government corners looked for and not found. These records shall be preserved in hardbound books in numerical order as filed.

(b)

The county clerk shall make these records available for public inspection during all usual office hours.

(c)

The filing fee for each corner record or certificate is one dollar ($1.00) as pro
vided in W.S. 18
‑
3
‑
402(a)(xvi)
(Q) and each record or certificate shall apply to only one (1) corner.

33
‑
29
‑
246.

Reconstruction or rehabilitation of monument.

In every case where a corner record of a public land survey corner is required to be filed under the provisions of W.S. 33
‑
29
‑
2
40 through 33
‑
29
‑
2
49, the surveyor
shall
reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.

33
‑
29
‑
247.

Signature on corner record required.

No corner record shall be filed unless the same is signed by a
licensed
land surveyor or, in the case of an agency of the
United States
government or the state of
Wyoming
, the certificate may be signed by the survey party chief making the survey.

33
‑
29
‑
248.

Previously existing corners.

Corner records may be filed concerning corners established, reestablished or restored before the effective date of W.S. 33
‑
29
‑
2
40 through 33
‑
29
‑
2
49.

33
‑
29
‑
249.

Exemption from filing fees.

All filings relative to official cadastral surveys of the bureau of land management of the
United States
performed by authorized personnel shall be exempt from filing fees.

Section 2.
W.S. 9
‑
2
‑
1028(a)(v)(B), 15
‑
1
‑
418(b), 18
‑
3
‑
402(a)(xxiv), 33
‑
41
‑
117(a)(iv) and 33
‑
41
‑
121 are amended to read:

9
‑
2
‑
1028.

Definitions.

(a)

As used in this act:

(v)

"
Professional services
"
means:

(B)

The practice of engineering or land surveying pursuant to W.S.
33
‑
29
‑
114 through 33
‑
29
‑
149

33
‑
29
‑
201 through 33
‑
29
‑
249
.

15
‑
1
‑
418.

Annexing contiguous cities or towns; annexation ordinance; filing.

(b)

A certified copy of the annexation ordinance including a legal description of the area and the map prepared pursuant to W.S. 15-1-402(c)(i) and in accordance with W.S.
33
‑
29
‑
139

33
‑
29
‑
226
shall be filed with the county clerk of the county in which the action has taken place.

18
‑
3
‑
402.

Duties generally.

(a)

The county clerk shall:

(xxiv)

File maps as defined in W.S.
33
‑
29
‑
139

33
‑
29
‑
226
. The county clerk shall charge a fee of twenty-five dollars ($25.00) for filing the maps.

33
‑
41
‑
117.

Exemptions.

(a)

The following are exempt from the licensing provisions of this act if they do not use the title of professional geologist or are not directly represented or held out to the public to be legally qualified to engage in the practice of geology before the public:

(iv)

Qualified engineers and land surveyors,
registered
licensed

by the board of
registration for
professional engineers and professional land surveyors pursuant to W.S.
33
‑
29
‑
114 through 33
‑
29
‑
139

33
‑
29
‑
101 through 33
‑
29
‑
249
are exempt from the
registration

licensure
provisions of this act, providing, that no name, title, or words are used which tend to convey the impression that a
nonregistered
nonlicensed

individual is offering to perform services as a professional geologist;

33
‑
41
‑
121.

Applicability.

This act shall not be construed as repealing or amending any law affecting or regulating licensed professional engineers and professional land surveyors pursuant to the provisions of W.S.
33
‑
29
‑
114 through 33
‑
29
‑
139

33
‑
29
‑
201 through 33
‑
29
‑
249
, nor shall this act be construed to affect or prevent the practice of any other legally recognized profession by the members of the profession licensed by the state or under its authority.

Section
3
.
W.S. 33
‑
29
‑
114 through 33
‑
29
‑
149 are repealed.

Section
4
.
This act is effective July 1, 2011.

(END)

1
SF0113