House Bill 1462

AN ACT TO AMEND SECTION 73-13-95, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A PERSON IS CHARGED WITH MULTIPLE MISDEMEANOR OFFENSES OF PRACTICING THE PROFESSION OF LAND SURVEYOR WITHOUT A PROPER LICENSE, THE CHARGES FOR SUCH OFFENSES MAY BE CONSOLIDATED TO CHARGE THE PERSON WITH A FELONY IF THE OFFENSES ARE BASED ON THE SAME ACT OR TRANSACTION OR THE OFFENSESare based on two or more acts or transactionS connected together or constituting parts of a common scheme or plan; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-13-95, Mississippi Code of 1972, is amended as follows:

73-13-95. (1) Any person who shall practice, or offer to practice, surveying in this state without being licensed in accordance with the provisions of Sections 73-13-71 through 73-13-105, or any person presenting or attempting to use as his own the certificate of licensure or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate of licensure, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked certificate of licensure, or any person who shall violate any of the provisions of Sections 73-13-71 through 73-13-105, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than One Hundred Dollars ($100.00), nor more than Five Thousand Dollars ($5,000.00), in addition to reimbursement of investigative expenses and court costs, or suffer imprisonment for a period of not exceeding three (3) months, or both. The criminal penalties provided for in this section may be assessed in addition to those civil penalties provided for in Section 73-13-37 and authorized under Section 73-13-89.

Unless licensed in accordance with the provisions of Sections 73-13-71 through 73-13-105, no person shall:

(a) Directly or indirectly employ, use, cause to be used or make use of any of the following terms or any combination, variations or abbreviations thereof as a professional, business or commercial identification, title, name, representation, claim, asset or means of advantage or benefit: "surveyor," "professional surveyor," "licensed surveyor," "registered surveyor," "registered professional surveyor," "licensed professional surveyor," "surveyed," "surveying," "professional land surveyor," or "licensed professional land surveyor";

(b) Directly or indirectly employ, use, cause to be used or make use of any letter, abbreviation, word, symbol, slogan, sign or any combinations or variations thereof, which in any manner whatsoever tends or is likely to create any impression with the public or any member thereof that any person is qualified or authorized to practice surveying; or

(c) Receive any fee or compensation or the promise of any fee or compensation for performing, offering or attempting to perform any service, work, act or thing which is any part of the practice of surveying.

Any person, firm, partnership, association or corporation which shall do, offer or attempt to do any one or more of the acts or things set forth in items (a) through (c) of the preceding paragraph shall be conclusively presumed and regarded as engaged in the practice of surveying.

It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce the provisions of Sections 73-13-71 through 73-13-105 and to prosecute any persons violating same. The Attorney General of the state or his assistant shall act as legal adviser of the board and render such legal assistance as may be necessary in carrying out the provisions of Sections 73-13-71 through 73-13-105.

(2) When a person is charged with more than one (1) misdemeanor offenses under any provision of subsection (1) of this section, all such offenses may be combined in the same indictment to charge the person with a felony.

(3) Any person who is convicted of a felony under the provisions of this section, upon conviction, shall be sentenced to pay a fine of not less than Five Thousand Dollars ($5,000.00) and not more than Twenty-five Thousand Dollars ($25,000.00), or by imprisonment in the custody of the Department of Corrections, for not more than one (1) year, or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.