Language including proper reference to the law was sent to the PTB. It was promptly dismissed and thrown out. The Model law does include mentioning the law:
B. Professional Surveyor (Professional Land Surveyor, Professional Surveyor and Mapper, Geomatics Professional, or equivalent term)
57 1. Professional Surveyor—The term “Professional Surveyor,” as used in this Act, shall mean an
58 individual who has been duly licensed as a professional surveyor by the board established
59 under this Act, and who is a professional specialist in the technique of measuring land,
60 educated in the basic principles of mathematics, the related physical and applied sciences, and
61 the relevant requirements of law for adequate evidence and all requisite to surveying of real
62 property, and engaged in the practice of surveying as herein defined.
When one looks at our current definition, it is easy to see why it needs a changing...
(7) "Land survey" means measuring the field location of corners that:
(a) Determine the boundary or boundaries common to two (2) or more ownerships;
(b) Retrace or establish land boundaries;
(c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or
(d) Plat lands and subdivisions thereof.
(11) "Professional land surveying" and "practice of professional land surveying" mean responsible charge of land surveying to determine the correct boundary description, to establish or reestablish land boundaries, to plat lands and subdivisions thereof or to certify elevation information.
OK, they include law when defining a Professional Land surveyor which is good.
But when they define what the practice of surveying is it is mostly technical and all about making measurements. The mention of the principles of surveying (what ever that is) could or could not mean knowing and applying the law.
Surveying if including the making of all measurements on the earth is a huge thing. Engineering and the building of engineered projects includes a huge amount of making proper measurements (some call this surveying, Utah calls it engineering surveying). Land surveying is a niche profession mostly dictated by boundary law and includes the technical making and reporting of accurate measurements. Land surveying from my view is more of a legal profession than a measurement profession. The NCEES definition of the practice of surveying is almost all focused on the math and science of making measurements and lacking when it comes to the legal aspects of boundary surveying. That's how I see it. Over the last 20 years I've done a lot of construction surveying and land surveying. They are two completely different animals but do share much of the same tools and such for making measurements. I suppose if you want to regulate all these activities through licensing (I don't) that could be done with a surveyors license. Then either the practitioners need to restrict their practice to what they are capable at or the surveying field needs to be further divided into specialties with additional licensing.
I've had my own experience in the large organization of surveyors. After spending 5 year on the legislative committee when one hot item that had been discussed continually over that period came up from out side our discussion in some legislation and we sent our objection and recommendation to the board of our organization where it was rejected outright without much discussion. So I suppose that is the PTB factor. A lot of work and effort rejected in an instant.
>1 Land surveyors are asked to use their professional license to sign and seal work that is currently outside the legal definition of land surveying. When this happens, land surveyors are put in a position of sealing work they are not authorized by code to perform.
There seems to be an assumption that work which can be performed by a LS can only be done by an PLS. That does not have to be. The PLS should be able to seal any work related to boundary determinations or any measurements for other purposes that they believe themselves competent to measure. But that doesn't mean that every measurement in the state has to be made by a PLS.
This point originated in that some E and O carriers only insure for things defined as professional services. This is a hit and miss problem depending on who the carrier is....