HOUSE OF REPRESENTATIVES	H.B. NO.	2272
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROFESSIONS AND VOCATIONS.

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

     SECTION 1.  Section 464-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Land surveying" means any professional service or work which involves the science of measurement; the assembly and assessment of land and geographic related information; the use of that information for the purpose of planning and implementing the efficient administration of the land, the sea, and structures thereon; and the instigation of the advancement and development of such practices.  Land surveying includes but is not limited to:

(1) Obtaining and evaluating boundary evidence;

(2) Using the principles of land surveying to determine the position for any monument or reference point which marks a property line, boundary, corner, right of way, easement, or alignment of those lines; or sets, resets, or replaces any such monument or reference point;

(3) Directly or indirectly giving reference or an opinion to the location of a property line, boundary, right-of-way, easement, or corner;

(4) Record plat creation or modification for cadastral surveys including consolidation, subdivision, resubdivision, right-of-way, or easements, including determination of areas, mathematical closures, and elevations of land parcels;

(5) The creation or modification of property and easement descriptions for use in legal instruments of conveyance of real property and property rights;

(6) Rendering a statement regarding the accuracy of maps or measured survey data;

(7) Creating or modifying electronic or computerized data in the performance of the activities described in this chapter; or

(8) Setting, resetting, or replacing control points on or in the vicinity of a construction or engineering project to enable any components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property, easement, or right-of-way boundaries.

"Professional surveyor", "professional land surveyor", or "land surveyor" means a person who holds oneself out as able to practice, or who does practice, land surveying in this State."

     SECTION 2.  Section 464-1, Hawaii Revised Statutes, is amended by amending the definition of "landscape architect" to read as follows:

     ""Landscape architect" means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:

     (1)  The preservation and enhancement of land uses and natural land features;

     (2)  The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and

     (3)  The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading.

     This practice shall include the location, arrangement, and design of tangible objects and features as are incidental and necessary to the purposes outlined herein.  Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities; provided that nothing in this chapter shall empower a landscape architect licensed under this chapter from practicing or offering to practice architecture or engineering in any of its various recognized branches."

     SECTION 3.  Section 464-1, Hawaii Revised Statutes, is amended by deleting the definition of "surveyor" or "land surveyor".

     [""Surveyor" or "land surveyor" means a person who holds oneself out as able to make, or who does make cadastral surveys of areas for their correct determination and description, either for conveyancing or for the establishment or reestablishment of land boundaries or the plotting of lands and subdivisions thereof."]

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.

Report Title:

Land Surveying; Professional Land Surveyors; Landscape Architects

Description:

Clarifies the definition of "landscape architect".  Replaces the existing definition of "surveyor" or "land surveyor" with definitions for "land surveying" and "professional surveyor", "professional land surveyor", or "land surveyor".  Effective July 1, 2112.  (HB2272 HD1)

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