SB394: Bill Text

SB394,89 Section 89. 236.34 (4) of the statutes is created to read:

SB394,37,21 236.34 (4) Vacation. A certified survey map may be vacated by the circuit court of the county in which the parcels of land are located in the same manner and with like effect as provided in ss. 236.40 to 236.44, except that application for vacation of the certified survey map may be made by any of the following:

SB394,37,23 (a) The owner of any lot or outlot in the land that is the subject of the certified survey map.

SB394,37,25 (b) The county board if the county has acquired an interest by tax deed in any lot or outlot in the land that is the subject of the certified survey map.

SB394,90 Section 90. 293.37 (2) (a) of the statutes is amended to read:

SB394,38,19 293.37 (2) (a) A mining plan, including a description and a detailed map of the proposed mining site drawn to a scale approved by the department. Aerial photographs may be accepted if the photographs show the details to the satisfaction of the department. The map, plan, or photograph shall be prepared and certified by a competent engineer, licensed professional surveyor , or other person approved by the department, and shall show the boundaries of the area of land which will be affected,; the drainage area above and below the area,; the location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the site,; the name of the owner or owners of the site,; the name of the city, village, or town in which the site is located; and the name of any other city, village, or town if within 3 miles of the site. The map or photograph shall be accompanied by descriptive data as required by the department, including but not limited to the soil conservation service soil capabilities classifications of the affected area, the anticipated geometry of the excavation, the estimated total production of tailings produced, the nature and depth of the overburden, the elevation of the water table, and such other information about the geology of the deposit as the department, after consultation with the geological and natural history survey, finds is necessary to evaluate the applicant's mining plan and reclamation plan.

SB394,91 Section 91. 295.48 (1) (intro.) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

SB394,39,2 295.48 (1) General. (intro.) An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer, licensed professional surveyor, or other person approved by the department that show all of the following:

SB394,92 Section 92. 440.03 (13) (b) 34. of the statutes is amended to read:

SB394,39,4 440.03 (13) (b) 34. Land surveyor, professional.

SB394,93 Section 93. 440.08 (2) (a) 39. of the statutes is amended to read:

SB394,39,7 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year.

SB394,94 Section 94. Chapter 443 (title) of the statutes is amended to read:

SB394,39,9 CHAPTER 443

SB394,39,14 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND professional LAND SURVEYORS

SB394,95 Section 95. 443.01 (1m) of the statutes is created to read:

SB394,39,20 443.01 (1m) "Construction surveying" means surveying or mapping that is performed in support of infrastructure design, in support of improvements related to private and public boundary lines, or in support of construction layout or historic preservation, and establishing any postconstruction documentation related to that surveying or mapping.

SB394,96 Section 96. 443.01 (3) of the statutes is amended to read:

SB394,39,24 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors.

SB394,97 Section 97. 443.01 (3b) of the statutes is created to read:

SB394,40,2 443.01 (3b) "Geodetic surveying" means surveying to determine the size and shape of the earth or the precise positions of points on the surface of the earth.

SB394,98 Section 98. 443.01 (3r) (c) of the statutes is amended to read:

SB394,40,5 443.01 (3r) (c) Professional services performed by a registered professional land surveyor or by a person who has in effect a permit under s. 443.06 (3).

SB394,99 Section 99. 443.01 (4) of the statutes is repealed.

SB394,100 Section 100. 443.01 (6s) of the statutes is created to read:

SB394,40,9 443.01 (6s) "Practice of professional land surveying" means any of the following:

SB394,40,12 (a) Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:

SB394,40,13 1. The alignment and rights-of-way of roads or streets.

SB394,40,14 2. Air or subsurface property rights.

SB394,40,15 3. Public or private easements.

SB394,40,17 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB394,40,22 (c) Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or to describe the boundaries of any interest in real property identified in par. (a).

SB394,40,25 (d) Preparing maps that depict any interest in real property identified in par. (a) for the purpose of establishing the boundaries of any such interest in real property.

SB394,41,1 (e) Preparing any of the following:

SB394,41,3 1. An official map established or amended under s. 62.23 (6), established or amended under the authority of s. 61.35, or adopted under s. 60.61.

SB394,41,4 2. An assessor's plat under s. 70.27.

SB394,41,5 3. A map or plat of cemetery lands under s. 157.07.

SB394,41,7 4. A subdivision plat, certified survey map, or correction instrument under ch. 236.

SB394,41,8 5. A condominium plat or correction instrument under ch. 703.

SB394,41,9 6. A project and time-share property plat under s. 707.215.

SB394,41,11 (f) Performing construction surveying or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

SB394,101 Section 101. 443.01 (7m) of the statutes is created to read:

SB394,41,16 443.01 (7m) "Professional land surveyor" means a person who, by reason of his or her knowledge of law, mathematics, physical sciences, and measurement techniques, acquired by education and practical experience, is granted a license under this chapter to engage in the practice of professional land surveying.

SB394,102 Section 102. 443.02 (4) of the statutes is amended to read:

SB394,41,23 443.02 (4) No person may engage in or offer to engage in the practice of professional land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a professional land surveyor unless the person has been issued a certificate of registration or granted a permit to practice license under this chapter to engage in the practice of professional land surveying.

SB394,103 Section 103. 443.06 (title) of the statutes is amended to read:

SB394,42,2 443.06 (title) Registration Licensure requirements for professional land surveyors.

SB394,104 Section 104. 443.06 (1) (title) of the statutes is amended to read:

SB394,42,4 443.06 (1) (title) Registration Licensure, application, qualifying experience.

SB394,105 Section 105. 443.06 (1) (a) of the statutes is amended to read:

SB394,42,16 443.06 (1) (a) Application for registration as a land surveyor or a permit license to engage in the practice of professional land surveying shall be made to the professional land surveyor section of the examining board under oath, on forms provided by the department, which shall require the applicant to submit such information as the professional land surveyor section of the examining board deems necessary. The professional land surveyor section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, shall be entitled to be registered or issued granted a permit license to engage in the practice as of professional land surveyors surveying when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB394,106 Section 106. 443.06 (1) (b) of the statutes is amended to read:

SB394,43,2 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in the practice of professional land surveying approved by the professional land surveyor section, or of responsible charge of land surveying teaching the practice of professional land surveying may be considered as equivalent to one year of qualifying experience in land surveying work the practice of professional land surveying, and each year, but not more than 4 years, completed in a curriculum other than the practice of professional land surveying approved by the professional land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB394,107 Section 107. 443.06 (2) (intro.) of the statutes is amended to read:

SB394,43,7 443.06 (2) Requirements; certificate of registration license. (intro.) The professional land surveyor section may grant a certificate of registration as a license to engage in the practice of professional land surveyor surveying to any person who has submitted to it an application, the required fees, and one or more of the following:

SB394,108 Section 108. 443.06 (2) (a) of the statutes is repealed.

SB394,109 Section 109. 443.06 (2) (am) of the statutes is amended to read:

SB394,43,20 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in the practice of professional land surveying or a related field that has a duration of not less than 4 years and is approved by the professional land surveyor section, and that he or she has engaged in the practice of professional land surveying for at least 2 years of land surveying and has demonstrated practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB394,110 Section 110. 443.06 (2) (b) of the statutes is repealed.

SB394,111 Section 111. 443.06 (2) (bm) of the statutes is amended to read:

SB394,44,8 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in the practice of professional land surveying or a related field that has a duration of not less than 2 years and is approved by the professional land surveyor section, and that he or she has engaged in the practice of professional land surveying for at least 4 years of land surveying and has demonstrated practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB394,112 Section 112. 443.06 (2) (c) of the statutes is repealed.

SB394,113 Section 113. 443.06 (2) (cm) of the statutes is amended to read:

SB394,44,20 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in the practice of professional land surveying for at least 10 years of land surveying and has demonstrated practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for licenses to engage in the practice of professional land surveyors' certificates surveying that are submitted to the professional land surveyor section after June 30, 2000 and before July 1, 2019.

SB394,114 Section 114. 443.06 (2) (d) of the statutes is amended to read:

SB394,45,3 443.06 (2) (d) An unexpired certificate of registration , certificate of certification, or license as a land surveyor or to engage in the practice of professional land surveying issued to the applicant by the proper authority in any state or territory or possession of the United States or in any other country whose requirements meet or exceed the requirement for registration licensure in this subsection, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section.

SB394,115 Section 115. 443.06 (2) (e) of the statutes is repealed.

SB394,116 Section 116. 443.06 (2) (em) of the statutes is repealed.

SB394,117 Section 117. 443.06 (3) of the statutes is repealed.

SB394,118 Section 118. 443.10 (title) of the statutes is amended to read:

SB394,45,8 443.10 (title) Applications, certificates, licenses, rules, and roster.

SB394,119 Section 119. 443.10 (2) (b) of the statutes is amended to read:

SB394,45,13 443.10 (2) (b) The fees for examinations and licenses credentials, as defined in s. 440.01 (2) (a), granted under this chapter are specified in s. 440.05, and the fee for renewal of such licenses credentials is determined by the department under s. 440.03 (9) (a).

SB394,120 Section 120. 443.10 (5) of the statutes is amended to read:

SB394,45,20 443.10 (5) Fees; renewals. The professional land surveyor's surveyor section shall grant a certificate of registration as a license to engage in the practice of professional land surveyor surveying to any applicant who has met the applicable requirements of this chapter. The renewal date for the certificate license is specified under s. 440.08 (2) (a), and the renewal fee for the certificate license is determined by the department under s. 440.03 (9) (a).

SB394,121 Section 121. 443.12 (title) of the statutes is amended to read:

SB394,45,23 443.12 (title) Disciplinary proceedings against professional land surveyors.

SB394,122 Section 122. 443.12 (1) of the statutes is amended to read:

SB394,46,5 443.12 (1) The professional land surveyor section may reprimand a professional land surveyor, or limit, suspend, or revoke the certificate of registration license of any professional land surveyor, for the practice of any fraud or deceit in obtaining the certificate license, or any gross negligence, incompetence, or misconduct in the practice of professional land surveying.

SB394,123 Section 123. 443.12 (2) of the statutes is amended to read:

SB394,46,12 443.12 (2) Charges of fraud, deceit, gross negligence, incompetence, or misconduct may be made against any professional land surveyor by the professional land surveyor section or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under s. 440.03 (1).

SB394,124 Section 124. 443.12 (3) of the statutes is amended to read:

SB394,46,19 443.12 (3) If after a hearing 3 members vote in favor of reprimand or limiting, suspending, or revoking the certificate of registration license of a professional land surveyor, the professional land surveyor section shall notify the surveyor to that effect. The surveyor shall return the certificate license to the examining board immediately on receipt of notice of a revocation. The action of the professional land surveyor section may be reviewed under ch. 227.

SB394,125 Section 125. 443.12 (4) of the statutes is amended to read:

SB394,46,25 443.12 (4) The professional land surveyor section, for reasons it deems sufficient, may reinstate a certificate of registration license to engage in the practice of professional land surveying that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration license that is revoked under s. 440.12.

SB394,126 Section 126. 443.134 of the statutes is created to read:

SB394,47,7 443.134 Exception for photogrammetry. Nothing in this chapter may be construed to prohibit a person who has not been granted a license to engage in the practice of professional land surveying under this chapter from utilizing photogrammetry or remote sensing techniques or performing topographic surveying, construction surveying, or geodetic surveying for purposes other than a boundary establishment or reestablishment specified in s. 443.01 (6s).

SB394,127 Section 127. 443.135 of the statutes is created to read:

SB394,47,12 443.135 Other exceptions. Nothing in this chapter may be construed to prohibit a person who has not been granted a license or permit to engage in the practice of professional land surveying under this chapter from doing any of the following: