Louisiana 2024 2024 Regular Session

Louisiana House Bill HB713 Introduced / Bill

                    HLS 24RS-402	ORIGINAL
2024 Regular Session
HOUSE BILL NO. 713
BY REPRESENTATIVE GADBERRY
SURVEYORS:  Provides relative to the practice of land surveying
1	AN ACT
2To amend and reenact R.S. 37:682(14) and 711.2(14) and to enact R.S. 37:702(8), relative
3 to the practice of land surveying; to provide for definitions; to provide for a saving
4 clause; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 37:682(14) and 711.2(14) are hereby amended and reenacted and
7R.S. 37:702(8) is hereby enacted to read as follows: 
8 §682.  Definitions
9	The following words and phrases when used in this Chapter shall have the
10 following meaning, unless the context clearly requires otherwise:
11	*          *          *
12	(14)(a)  "Practice of land surveying" include the measuring of areas, land
13 surfaces, streams, bodies of water, and swamps for correct determination and
14 description, for the establishment, reestablishment, ascertainment, or description of
15 land boundaries, corners, divisions, distances, and directions, the plotting and
16 monumenting of lands and subdivisions thereof, and mapping and topographical
17 work. means providing, or offering to provide, professional services using such
18 sciences as mathematics, geodesy, and photogrammetry, and involving both of the
19 following:
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1	(i)  The making of geometric measurements and gathering related information
2 pertaining to the physical or legal features of the earth, improvements on the earth,
3 the space above, on, or below the earth, or within bodies of water, whether the
4 making of measurements or the gathering of information for the providing of these
5 services is accomplished by conventional ground measurements, by photography, by
6 Light Detection and Ranging (LIDAR), by global positioning via satellites, or by a
7 combination of any of these methods.
8	(ii)  Providing, utilizing, or developing the same into survey products such
9 as graphics, data, maps, plans, reports, descriptions, or projects.
10	(b)  Professional services include acts of consultation, investigation,
11 testimony, evaluation, expert technical testimony, planning, mapping, assembling,
12 and interpreting gathered measurements and information related to one or more of
13 the following:
14	(i)  Determining by measurement the configuration or contour of the earth's
15 surface or the position of fixed objects thereon.
16	(ii)  Determining by performing goedetic surveys the size and shape of the
17 earth or the position of any point on the earth.
18	(iii)  Locating, relocating, establishing, reestablishing, or retracing property
19 lines or boundaries of any tract of land, road, right-of-way, servitude, or easement.
20	(iv)  Making any survey for the division, subdivision, or consolidation of any
21 tract of land.
22	(v)  Locating or laying out alignments, positions, or elevations for the
23 construction of fixed works, when the location of the fixed works has a direct
24 relationship to a property boundary.
25	(vi)  Determining, by the use of principles of land surveying, the position for
26 any survey monument (boundary or geodetic) or reference point; establishing or
27 replacing any such monument or reference point.
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HB NO. 713
1	(vii)  Creating, preparing, or modifying electronic, computerized, or other
2 data, relative to the performance of activities in items (i) through (vi) in this
3 Subparagraph.
4	(b) (c)  A person shall be construed to practice or offer to practice land
5 surveying when that person engages in land surveying and by verbal claim, sign,
6 advertisement, letterhead, card, or in any other way represents himself to be a land
7 surveyor, or represents himself as able to perform or does perform any land
8 surveying service or work, or any other service designated by the practitioner which
9 is recognized as land surveying. land surveying if he does any of the following:
10	(i)  Engages in or holds himself out as able and entitled to practice land
11 surveying.
12	(ii)  Represents himself to be a professional land surveyor by verbal claim,
13 sign, advertisement, letterhead, card, or in any other way.
14	(iii)  Through the use of some other title, implies that he is a professional land
15 surveyor or licensed by the board.
16	*          *          *
17 §702.  Saving clause
18	This Chapter shall not be construed to prevent or to affect:
19	*          *          *
20	(8)(a)  The practice of photogrammetry, when performed by a
21 photogrammetrist holding an active photogrammetrist certification from the
22 American Society of Photogrammetry and Remote Sensing.
23	(b)  The practice of remote sensing, when performed by a remote sensing
24 professional holding an active mapping scientist-remote sensing certification from
25 the American Society for Photogrammetry and Remote Sensing.
26	(c)  The practice of providing geographic information system or land
27 information system design or services, when performed by a geographic information
28 system or land information system professional holding either an active mapping
29 scientist-Geographic Information System (GIS)/Land Information System (LIS)
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HB NO. 713
1 certification from the American Society for Photogrammetry and Remote Sensing
2 or an active GIS professional certification from the GIS Certification Institute.
3	(d)  The practice of providing Light Detection and Ranging (LIDAR) system
4 design or services, when performed by a photogrammetrist/LIDAR professional
5 holding an active mapping scientist-LIDAR certification from the American Society
6 for Photogrammetry and Remote Sensing.
7	(e)  The practice of providing Unmanned Aerial System (UAS) design or
8 services, when performed by a photogrammetrist/UAS professional holding an active
9 mapping scientist-UAS certification from the American Society for Photogrammetry
10 and Remote Sensing.
11	(f)  The practice of geoscience, when performed by a geoscientist holding an
12 active license from the Louisiana Board of Professional Geoscientists.
13	*          *          *
14 §711.2.  Definitions
15	The following words and phrases when used in this Chapter shall have the
16 following meanings, unless the context clearly requires otherwise:
17	*          *          *
18	(14)(a)  "Practice of land surveying" includes the measuring of areas, land
19 surfaces, streams, bodies of water, and swamps for correct determination and
20 description, for the establishment, reestablishment, ascertainment, or description of
21 land boundaries, corners, divisions, distances, and directions, the plotting and
22 monumenting of lands and subdivisions thereof, and mapping and topographical
23 work.
24	(b)  A person shall be construed to practice or offer to practice land surveying
25 who engages in land surveying and who by verbal claim, sign, advertisement,
26 letterhead, card, or in any other way represents himself to be a land surveyor, or who
27 represents himself as able to perform or who does perform any land surveying
28 service or work, or any other service designated by the practitioner which is
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HB NO. 713
1 recognized as land surveying.  has the same meaning as provided for in R.S.
2 37:682(14).
3	*          *          *
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 713 Original 2024 Regular Session	Gadberry
Abstract: Provides relative to the practice of land surveying.
Present law provides the definition of "the practice of land surveying" to include the
measuring of areas, land surfaces, streams, bodies of water, and swamps for correct
determination and description, for the establishment, reestablishment, ascertainment, or
description of land boundaries, corners, divisions, distances, and directions, the plotting and
monumenting of lands and subdivisions thereof, and mapping and topographical work.
Present law provides that a person shall be construed to practice or offer to practice land
surveying who engages in land surveying and who by verbal claim, sign, advertisement,
letterhead, card, or in any other way represents himself to be a land surveyor, or who
represents himself as 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
Proposed law removes present law.
Proposed law defines "the practice of land surveying" to mean providing, or offering to
provide, professional services using such sciences as mathematics, geodesy, and
photogrammetry, and involving both of the following:
(1)  The making of geometric measurements and gathering related information pertaining
to the physical or legal features of the earth, improvements on the earth, the space
above, on, or below the earth, or within bodies of water, whether the making of
measurements or the gathering of information for the providing of these services is
accomplished by conventional ground measurements, by photography, by Light
Detection and Ranging (LIDAR), by global positioning via satellites, or by a
combination of any of these methods; and 
(2)Providing, utilizing, or developing the same into survey products such as graphics,
data, maps, plans, reports, descriptions, or projects.
Proposed law provides that professional services include acts of consultation, investigation,
testimony, evaluation, expert technical testimony, planning, mapping, assembling, and
interpreting gathered measurements and information related to any one or more of the
following:
(1)  Determining by measurement the configuration or contour of the earth's surface or
the position of fixed objects thereon.
(2)  Determining by performing goedetic surveys the size and shape of the earth or the
position of any point on the earth.
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(3)  Locating, relocating, establishing, reestablishing, or retracing property lines or
boundaries of any tract of land, road, right-of-way, servitude, or easement.
(4)  Making any survey for the division, subdivision, or consolidation of any tract of
land.
(5)  Locating or laying out alignments, positions, or elevations for the construction of
fixed works, when the location of the fixed works has a direct relationship to a
property boundary.
(6)  Determining, by the use of principles of land surveying, the position for any survey
monument (boundary or geodetic) or reference point; establishing or replacing any
such monument or reference point.
(7)  Creating, preparing, or modifying electronic, computerized, or other data, relative
to the performance of activities in proposed law.
Proposed law provides that a person shall be construed to practice land surveying if he does
any of the following:
(1)  Engages in or holds himself out as able and entitled to practice land surveying.
(2)  Represents himself to be a professional land surveyor by verbal claim, sign,
advertisement, letterhead, card, or in any other way.
(3)  Through the use of some other title, implies that he is a professional land surveyor
or licensed by the board.
Present law provides what present and proposed law shall not be construed to prevent or to
affect.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect the practice of photogrammetry, when performed by a photogrammetrist holding an
active photogrammetrist certification from the American Society of Photogrammetry and
Remote Sensing.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect the practice of remote sensing, when performed by a remote sensing professional
holding an active mapping scientist-remote sensing certification from the American Society
for Photogrammetry and Remote Sensing.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect  the practice of providing geographic information system or land information system
design or services, when performed by a geographic information system or land information
system professional holding either an active mapping scientist-Geographic Information
System (GIS)/Land Information System (LIS) certification from the American Society for
Photogrammetry and Remote Sensing or an active GIS professional certification from the
GIS Certification Institute.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect  the practice of providing Light Detection and Ranging (LIDAR) system design or
services, when performed by a photogrammetrist/LIDAR professional holding an active
mapping scientist-LIDAR certification from the American Society for Photogrammetry and
Remote Sensing.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect  the practice of providing Unmanned Aerial System (UAS) design or services, when
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HB NO. 713
performed by a photogrammetrist/UAS professional holding an active mapping scientist-
UAS certification from the American Society for Photogrammetry and Remote Sensing.
Proposed law adds that present and proposed law shall not be construed to prevent or to
affect the practice of geoscience, when performed by a geoscientist holding an active license
from the La Board of Professional Geoscientists.
(Amends R.S. 37:682(14) and 711.2(14); Adds R.S. 37:702(8))
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