73-13-97 - Application of Sections 73-13-71 through 73-13-97.
§ 73-13-97. Application of Sections 73-13-71 through 73-13-97.
Sections 73-13-71 through 73-13-105 shall not be construed to prevent or to affect:
(a) Other professions or trades. The practice of any other legally recognized profession or trade, including the practice of geology as regulated pursuant to Title 73, Chapter 63; or
(b) Employees and subordinates. The work of an employee or a subordinate of a person holding a certificate of registration under Sections 73-13-71 through 73-13-105; providing such work does not include final decisions and is done under the direct responsibility, checking and supervision of a person holding a certificate of licensure under Sections 73-13-71 through 73-13-105; or
(c) Government officers and employees. The practice of officers and employees of the government of the United States while engaged within this state in the practice of surveying for said government; or
(d) Certain elected or appointed county surveyors. A county surveyor as provided for in Section 135 of the Mississippi Constitution, and Sections 19-27-1 through 19-27-35 implementing the constitutional provision, who holds the office of county surveyor by either election or appointment, shall be exempt, through December 31, 1983, from the provisions of Sections 73-13-71 through 73-13-105 insofar as his statutory duties within the boundaries of the county in which he is duly elected or appointed are concerned. From and after January 1, 1984, such surveyor shall not be exempt from the provisions of Sections 73-13-71 through 73-13-105 unless he held the office of county surveyor by either election or appointment on December 31, 1983; or
(e) Employees of railroad, public service and/or utility companies. The work or practice of a regular employee of a railroad, or a public service company or public utility, by rendering to such company surveying service in connection with its facilities which are subject to regulation, supervision and control in order to safeguard life, health and property by the Public Service Commission or the Mississippi Department of Transportation of this state, shall be exempt so long as such person is thus actually and exclusively employed and no longer; or
(f) The work of a regular employee of a railroad, rendering to the railroad surveying services in connection with its facilities within the exclusive scope of his employment provided that:
(i) Any new right-of-way acquisitions for construction of rail lines by class one railroads shall be surveyed and platted in compliance with the Mississippi Minimum Standards for Land Surveying by a Mississippi professional surveyor; and
(ii) Upon the removal of track and disposition of an abandoned rail line the railroad shall retain and make available upon reasonable request from Mississippi licensed surveyors the railroad's valuation surveys for any such abandoned rail line.
(g) The practice of geologists performing geologic mapping insofar as such practice does not encompass tasks or projects included by statute in the scope of work comprising the practice of professional surveying as defined in Title 73, Chapter 13.
(h) Nothing in this chapter prohibits any municipality or county from creating maps for use in planning, zoning, taxing, elections, police or fire, E-911, public works, transportation or related activities. However, if any such document does not bear the seal and signature of a professional surveyor, the document shall not be considered to be certifiably accurate as to position or location, nor shall the document be considered to be an official survey.
Sources: Codes, 1942, § 8792-15; Laws, 1962, ch. 505, § 15; Laws, 1980, ch. 515, § 8; reenacted and amended, 1983, ch. 450, § 37; reenacted and amended, 1991, ch. 470, § 36; reenacted without change, Laws, 1999, ch. 416, § 36; reenacted and amended, Laws, 1999, ch. 534, § 36; reenacted and amended, Laws, 2004, ch. 586, § 36, eff from and after July 1, 2004.