Louisiana 2024 Regular Session

Louisiana House Bill HB713 Latest Draft

Bill / Engrossed Version

                            HLS 24RS-402	REENGROSSED
2024 Regular Session
HOUSE BILL NO. 713
BY REPRESENTATIVE GADBERRY
SURVEYORS:  Provides relative to the practice of land surveying and the practice of
engineering
1	AN ACT
2To amend and reenact R.S. 37:682(14) and 711.2(4), (12), and (14) and to enact R.S.
3 37:702(8), relative to the practice of land surveying and the practice of engineering;
4 to provide for the definitions of the practice of land surveying, engineer, and the
5 practice of engineering; to provide for a saving clause; to provide for the practice of
6 geoscience; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 37:682(14) and 711.2(4), (12), and (14) are hereby amended and
9reenacted and R.S. 37:702(8) is hereby enacted to read as follows: 
10 §682.  Definitions
11	The following words and phrases when used in this Chapter shall have the
12 following meaning, unless the context clearly requires otherwise:
13	*          *          *
14	(14)(a)  "Practice of land surveying" include the measuring of areas, land
15 surfaces, streams, bodies of water, and swamps for correct determination and
16 description, for the establishment, reestablishment, ascertainment, or description of
17 land boundaries, corners, divisions, distances, and directions, the plotting and
18 monumenting of lands and subdivisions thereof, and mapping and topographical
19 work. means providing, or offering to provide, professional services using such
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1 sciences as mathematics, geodesy, and photogrammetry, and involving both of the
2 following:
3	(i)  The making of geometric measurements and gathering related information
4 pertaining to the physical or legal features of the earth, improvements on the earth,
5 the space above, on, or below the earth, or within bodies of water, whether the
6 making of measurements or the gathering of information for the providing of these
7 services is accomplished by conventional ground measurements, by photography, by
8 Light Detection and Ranging, or LIDAR, by global positioning via satellites, or by
9 a combination of any of these methods.
10	(ii)  Providing, utilizing, or developing the same into survey products such
11 as graphics, data, maps, plans, reports, descriptions, or projects.
12	(b)  Professional services include acts of consultation, investigation,
13 testimony, evaluation, expert technical testimony, planning, mapping, assembling,
14 and interpreting gathered measurements and information related to one or more of
15 the following:
16	(i)  Determining, by measurement, the configuration or contour of the earth's
17 surface or the position of fixed objects thereon.
18	(ii)  Determining, by performing geodetic surveys, the size and shape of the
19 earth or the position of any point on the earth.
20	(iii)  Locating, relocating, establishing, reestablishing, or retracing property
21 lines or boundaries of any tract of land, road, right-of-way, servitude, or easement.
22	(iv)  Making any survey for the division, subdivision, or consolidation of any
23 tract of land.
24	(v)  Locating or laying out alignments, positions, or elevations for the
25 construction of fixed works, when the location of the fixed works has a direct
26 relationship to a property boundary.
27	(vi)  Determining, by the use of principles of land surveying, the position for
28 any survey monument, boundary and geodetic, or reference point; establishing or
29 replacing any such monument or reference point.
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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 signage, 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, or GIS, or Land Information System
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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, or LIDAR
4 system, design or services, when performed by a photogrammetrist or a LIDAR
5 professional, when either holds an active mapping scientist-LIDAR certification
6 from the American Society for Photogrammetry and Remote Sensing.
7	(e)  The practice of providing Unmanned Aerial System, or UAS, design or
8 services, when performed by a photogrammetrist or a UAS professional, when either
9 holds an active mapping scientist-UAS certification from the American Society for
10 Photogrammetry 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	(4)  "Engineer" or "professional engineer" means an individual who, by
19 reason of his special knowledge and ability to apply the mathematical, physical, and
20 engineering sciences and the principles and methods of engineering analysis and
21 design, acquired by an engineering education and engineering experience, is
22 qualified to practice engineering, as evidenced by his licensure as such by the
23 Louisiana Professional Engineering and Land Surveying Board, as set forth in
24 Chapter 8 of this Title. has the same meaning as provided for in R.S. 37:682.
25	*          *          *
26	(12)(a)  "Practice of engineering" means responsible professional service
27 which may include consultation, investigation, evaluation, planning, designing, or
28 inspection of construction in connection with any public or private utilities,
29 structures, machines, equipment, processes, works, or projects wherein the public
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1 welfare or the safeguarding of life, health, and property is concerned or involved,
2 when such professional service requires the application of engineering principles and
3 the interpretation of engineering data.
4	(b)  A person shall be construed to practice or offer to practice engineering
5 who practices in any discipline of the profession of engineering, or who, by verbal
6 claim, sign, advertisement, letterhead, card, or in any other way represents himself
7 to be a professional engineer, or who represents himself as able to perform, or who
8 does perform any engineering service or work or any other professional service
9 designated by the practitioner or recognized by educational authorities as
10 engineering.  The practice of engineering shall not include the work ordinarily
11 performed by a person who himself operates or maintains machinery or equipment.
12 has the same meaning as provided for in R.S. 37:682.
13	*          *          *
14	(14)(a)  "Practice of land surveying" includes the measuring of areas, land
15 surfaces, streams, bodies of water, and swamps for correct determination and
16 description, for the establishment, reestablishment, ascertainment, or description of
17 land boundaries, corners, divisions, distances, and directions, the plotting and
18 monumenting of lands and subdivisions thereof, and mapping and topographical
19 work.
20	(b)  A person shall be construed to practice or offer to practice land surveying
21 who engages in land surveying and who by verbal claim, sign, advertisement,
22 letterhead, card, or in any other way represents himself to be a land surveyor, or who
23 represents himself as able to perform or who does perform any land surveying
24 service or work, or any other service designated by the practitioner which is
25 recognized as land surveying.  has the same meaning as provided for in R.S. 37:682.
26	*          *          *
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HB NO. 713
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 Reengrossed 2024 Regular Session	Gadberry
Abstract:  Provides relative to the practice of land surveying and the practice of
engineering.
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.
(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.
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(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) or 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 or 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
performed by a photogrammetrist or 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.
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Present law defines "engineer" or "professional engineer" and "practice of engineering".
Proposed law deletes the definitions in present law and defines "engineer" or "professional
engineer" and "practice of engineering" to be the same as provided for in present law.
(Amends R.S. 37:682(14) and 711.2(4), (12), and (14); Adds R.S. 37:702(8))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Delete the definitions of "engineer"or "professional engineer" and the "practice
of engineering" in present law and add the definitions outlined in other present
law.
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