House 4469

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4469

By Delegates Sheedy, Mallow, Ferrell, Crouse, Hillenbrand, Green, D. Cannon, Heckert, and Bell

[Introduced January 16, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §30-13A-11 of the Code of West Virginia, 1931, as amended, relating to county surveyors; providing a definition; and requiring county surveyors to be state residents.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13A. LAND SURVEYORS.

§30-13A-11. Exemptions from licensing; residency requirements.

(a) The following persons are exempt from licensure under the provisions of this article:

(1) Any employee of a person or firm, when such employee is engaged in the practice of land surveying exclusively for the person or firm, by which employed, or, if a corporation, its parents, affiliates or subsidiaries, and such person, firm, association or corporation does not hold himself, herself or itself out to the public as being engaged in the business of land surveying.

(2) Any employee or officer of the United States, this state or any political subdivision thereof, or their agents, when such employee is engaged in the practice of land surveying exclusively for such governmental unit: Provided, That each county surveyor of lands first elected or first appointed after January 1, 2013, pursuant to section 1, article IX of the West Virginia Constitution, shall be a surveyor licensed pursuant to the provisions of this article and such licensee shall be in good standing: Provided, however, That each county surveyor of lands first elected or first appointed after January 1, 2027, pursuant to section 1, article IX of the West Virginia Constitution, shall be a state resident.

(b) For the purpose of this section, "state resident" means a person who is domiciled in the state, which includes both physical residency (or presence) in the state, and a person who has an intent to remain in the state. Facts that may demonstrate the domicile of a person in the state, but are not limited to, the physical character of the person’s residence(s); the person’s time spent in the state; the person’s reasons for residency in the state; whether the person intends on returning permanently to another residence outside of the state in the future; whether the person obtains a license to operate a vehicle in the state; whether the person registers a vehicle(s) or other property in the state; the address listed on the person’s vehicle registration card; the address  listed on the person’s driver’s license; the address where the person receives state or federal  benefits; and whether the person pays property or income taxes in the state.

(c) A land surveyor who wishes to hold dual offices in the state may request an exemption from the Ethics Commission pursuant to §6B-2-5 of this code. Exemptions may be granted by the commission, on a case-by-case basis, when it is shown that:

(1) The public office held or the public employment engaged in is not such that it would ordinarily be available or offered to a substantial number of the citizens of this state;

(2) The office held or the employment engaged in is such that it normally or specifically requires a person who possesses personal prestige; and

(3) The person’s employment contract or letter of appointment provides or anticipates that the person will gain financially from activities which are not a part of his or her office or employment.

(d) The minimum standards for surveys, established by the board, apply notwithstanding the exemptions provided by this section.

NOTE: The purpose of this bill is to require county surveyors to be state residents and create an exemption to run for more than one county..

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.