SB394: Bill Text

SB394,52,9 709.02 (1) In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03 or 709.033, whichever is applicable, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), or structural pest control operator, by an individual who is a qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation, if the information is in writing and is furnished on time and if the entry to which it relates is identified, and except that the owner may substitute for any entry information supplied by a public agency. Information that substitutes for an entry on the report under s. 709.03 or 709.033 and that is supplied by a person specified in this section may be submitted and certified on a supplemental report prepared by the person, as long as the information otherwise satisfies the requirements under this section. A prospective buyer who does not receive a report within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale or option contract by delivering a written notice of recision to the owner or to the owner's agent.

SB394,148 Section 148. 709.07 of the statutes is amended to read:

SB394,52,16 709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 or 709.033 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), structural pest control operator, or qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation.

SB394,149 Section 149. 710.09 of the statutes is created to read:

SB394,52,21 710.09 Navigable stream does not divide parcel. Unless otherwise provided by local ordinance, a navigable stream running through a parcel of land does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides of the stream, is owned by the same owner.

SB394,150 Section 150. 893.37 of the statutes is amended to read:

SB394,53,2 893.37 Survey. No action may be brought against an engineer or any professional land surveyor, as defined in s. 443.01 (7m), to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or omissions more than 6 years after the completion of a survey.

SB394,151 Section 151. 2009 Wisconsin Act 376, section 13 (1) is amended to read:

SB394,53,7 [2009 Wisconsin Act 376] Section 13 (1) The treatment of section 236.13 (1) (b) and (2) (a) of the statutes first applies to preliminary plats or, in cases in which no preliminary plats are submitted, final plats that are submitted for approval on the effective date of this subsection.

SB394,152 Section 152. Nonstatutory provisions.

SB394,53,17 (1) Notwithstanding section 443.02 (4) of the statutes, as affected by this act, on the effective date of this subsection, a person who has been granted a certificate of registration as a land surveyor under section 443.06 (2), 2011 stats., is considered to be granted a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act, and the professional land surveyor section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors shall issue to the person a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act.

SB394,153 Section 153 . Initial applicability.

SB394,53,19 (1) Professional land surveyors.

SB394,53,21 (a) The treatment of section 26.09 (3) (b) 1. of the statutes first applies to surveys recorded on the effective date of this paragraph.

SB394,53,23 (b) The treatment of section 70.27 (5), (6), and (7) (intro.) and (d) of the statutes first applies to assessor's plats made on the effective date of this paragraph.

SB394,53,25 (c) The treatment of section 157.07 (1) of the statutes first applies to lands surveyed and platted on the effective date of this paragraph.

SB394,54,2 (d) The treatment of section 157.07 (2) and (3) of the statutes first applies to cemetery plats and maps created on the effective date of this paragraph.

SB394,54,5 (e) The treatment of section 236.21 (1) (intro.), (a), and (d) of the statutes first applies to plats certified by a professional land surveyor, as defined in section 236.02 (9b) of the statutes, as created by this act, on the effective date of this paragraph.

SB394,54,7 (f) The treatment of section 236.02 (2m) of the statutes first applies to correction instruments that are drafted on the effective date of this paragraph.

SB394,54,9 (g) The treatment of sections 236.15 (2) and 236.34 (1) (a) of the statutes first applies to surveys that are performed on the effective date of this paragraph.

SB394,54,13 (h) The renumbering and amendment of section 236.32 of the statutes and the creation of section 236.32 (2m) of the statutes first apply to the placement, removal, or disturbance of monuments, or the failure to replace monuments, on the effective date of this paragraph.

SB394,54,16 (i) The treatment of section 236.34 (1) (d) (intro.), 1., and 4. of the statutes first applies to certified survey maps offered for record on the effective date of this paragraph.

SB394,54,18 (j) The treatment of section 703.02 (6m) of the statutes first applies to correction instruments drafted on the effective date of this paragraph.

SB394,54,20 (k) The treatment of section 703.11 (4) of the statutes first applies to condominium plats certified on the effective date of this paragraph.

SB394,54,23 (L) The treatment of section 703.13 (6) (e), (7) (c), and (8) (c) of the statutes first applies to condominium plats and plans certified on the effective date of this paragraph.

SB394,54,25 (l) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this paragraph.

SB394,55,2 (m) The treatment of sections 709.02 (1) and 709.07 of the statutes first applies to original reports furnished on the effective date of this paragraph.

SB394,55,4 (n) The treatment of section 893.37 of the statutes first applies to acts or omissions occurring on the effective date of this paragraph.

SB394,55,5 (2) Plats and certified survey maps.

SB394,55,11 (a) The treatment of sections 236.12 (2) (intro.), (a), (ac), and (b), (3), (4), (5), (6), and (8), 236.13 (2m), and 236.20 (1) (b) of the statutes, the renumbering and amendment of section 236.11 (2) of the statutes, and the creation of section 236.11 (2) (b) of the statutes first apply to preliminary plats or, in cases in which no preliminary plats are submitted, to final plats, that are submitted for approval on the effective date of this paragraph.

SB394,55,14 (b) The treatment of sections 236.025, 236.15 (1) (intro.), (a), and (d), and 236.34 (1) (b) of the statutes first applies to surveys performed on the effective date of this paragraph.

SB394,55,17 (c) The treatment of section 236.20 (1) (a), (2) (g) and (k), (3) (b), (4) (b), (5) (c), and (6) of the statutes first applies to final plats, and to certified survey maps if applicable, that are submitted for approval on the effective date of this paragraph.

SB394,55,20 (d) The treatment of sections 236.21 (1) (b) and 236.25 (2) (c) and (d) of the statutes first applies to final plats that are offered for record on the effective date of this paragraph.

SB394,55,23 (e) The treatment of section 236.34 (1) (d) 2. and (2) (b) 1. of the statutes first applies to certified survey maps that are offered for record on the effective date of this paragraph.

SB394,55,25 (f) The treatment of section 236.34 (1) (e) of the statutes first applies to certified survey maps that are submitted for approval on the effective date of this paragraph.

SB394,56,1 (3) Recording media.

SB394,56,3 (a) The treatment of section 70.27 (2) of the statutes first applies to assessor's plats that are offered for record on the effective date of this paragraph.

SB394,56,5 (b) The treatment of section 236.25 (2) (a) of the statutes first applies to final plats that are offered for record on the effective date of this paragraph.

SB394,56,7 (c) The treatment of section 236.34 (1) (c) of the statutes first applies to certified survey maps that are offered for record on the effective date of this paragraph.

SB394,56,9 (d) The treatment of section 703.11 (2) (intro.) of the statutes first applies to condominium plats that are offered for record on the effective date of this paragraph.

SB394,56,13 (e) The treatment of section 707.215 (2) (intro.) and (3) of the statutes first applies to time-share property plats or time-share property survey maps and floor plans, as applicable, that are offered for record on the effective date of this paragraph.

SB394,154 Section 154. Effective date.

SB394,56,16 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB394,56,17 (End)