This is my second pass thru the document that the AzBoTR sent out for review. The text in blue is the AzBoTR's text. The text and edits in red are mine. The black text is text from the current statutes.
DEFINITION OF LAND SURVEYING PRACTICE DISCUSSION DRAFT BASED ON NCEES MODEL LAW
Ariz.Rev.Stat. §32-101.B (27)
27. "Land surveying practice" shall means providing, or offering to provide, professional services using such sciences as mathematics, geodesy, active or passive remote sensing, and photogrammetry, and involving both (1) the making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, structures, fixtures, appurtenances, or improvements on the earth, the space above, on, or below the earth and (2) providing, utilizing, or developing the same into survey products such as graphics, digital models, data, maps, plans, reports, legal descriptions, or other professional documents. Professional services include including acts of consultation, investigation, testimony, evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements data and information related to any one or more of the following:
The meaning of shall is to nebulous to be used in this context. Listing subsets of tools and procedures that are not exclusively used by land surveyors does nothing to enhance the definition of land surveying practice. Note also that under Arizona's current rules of evidence expert testimony can include the expert's opinion.
(a) Determining by measurement the configuration or contour of the earth’s surface or the position of fixed objects thereon. the topography of the land when the survey is done in conjunction with or in support of land development, fixed works or public works projects.
(b) Determining by performing geodetic surveys the size and shape of the earth or the position of any point, natural feature or artificial feature, on, above, or below the surface of the earth for other than cartographic purposes.
This seems to be a mix of one methodology and two goals. Determining the position of points and objects is indeed land surveying but geodesy is not. Geodetic surveying is just one of the tools used by both land surveyors and geodesist in performance of their often similar but distinctly different professions.
(c) Locating, relocating, establishing, reestablishing, recovering, or retracing property lines or boundaries of any tract of land, road, right of way, or easement.
Relocating implies moving.
(d) Making a Any survey for made to facilitate the division, subdivision, or consolidation of any tract(s) of land.
(e) Locating Establishing, reestablishing or laying out alignments, positions, orthometric heights or elevations, or control points for to guide the construction of fixed works or public works.
(f) Determining, by the use of the principles and practices of surveying, the position for of any property or boundary corner. Determining, by the use of the principles and practices of surveying, the position of any survey monument (boundary or non-boundary) or reference point; establishing or replacing any such monument or reference point.
(g l) Creating, preparing, or modifying hard copy, electronic or computerized or other data, relative to the performance of the activities in items a–g k in this section above.
(h) "Public works project" has the same meaning prescribed in section 12-1141. "Fixed works" has the same meaning prescribed in section 32-1102.
Format take from ARS §11-809.C(1.)
28. "Land surveyor" shall means a person who by reason of knowledge of the mathematical and physical sciences, principles and techniques of land surveying, evidence gathering, analysis, and interpretation acquired by professional education or practical experience, or both, engaged in the practice of land surveying as herein defined means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full-time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.
29. "Land surveyor-in-training" means a candidate for registration as a professional land surveyor who is a graduate of a school and curriculum approved by the board, or who has four years or more of education or experience, or both, in land surveying work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the land surveyor- in-training examination.
