SB328: Bill Text

SB328, s. 4 Section 4. 59.20 (2) of the statutes is amended to read:

SB328,5,20 59.20 (2) County officers; terms. A county clerk, treasurer, sheriff, coroner, clerk of circuit court, register of deeds and surveyor, who shall be a registered licensed professional land surveyor, shall be elected in each county for full terms at the general election held in each even-numbered year. The regular term of office of each such officer shall commence on the first Monday of January next succeeding his or her election and shall continue 2 years and until his or her successor qualifies. In lieu of electing a surveyor in any county, the board may, by resolution, designate that the duties under ss. 59.45 (1) and 59.74 (2) be performed by any registered licensed professional land surveyor employed by the county. In any county containing one town only, the county board may, by resolution, designate any county office a part-time position, combine 2 or more county offices, and, if concurred in by the town board, combine the offices of county clerk and town clerk and any other county and town offices, provided that the offices combined are not incompatible and the combination is not expressly forbidden by law. If the town board so concurs, the election may be for the combined office and no separate election for the town office shall be held until after the county board has by resolution decided to abandon the combination and the town board has concurred by resolution. In counties having a population of 500,000 or more, no county coroner or county surveyor may be elected. In any county in which a medical examiner system is instituted, no coroner may be elected.

SB328, s. 5 Section 5. 59.43 (8) of the statutes is amended to read:

SB328,6,6 59.43 (8) Required signature and seal on survey document for filing or recording. It is unlawful for the register of deeds of any county or any proper public authority to file or record a map, plat, survey or other document within the definition of the practice of professional land surveying under s. 443.01 (6s), which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered licensed professional land surveyor under whose responsible charge the map, plat, survey or other document was prepared. This subsection does not apply to any deed, contract or other recordable document prepared by an attorney, or to a transportation project plat that conforms to s. 84.095 and that is prepared by a state agency.

SB328, s. 6 Section 6. 59.45 (1) (a) 2. of the statutes is amended to read:

SB328,6,19 59.45 (1) (a) 2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners and of all bearings and the distances of all courses run, of each survey made personally, by deputies or by other licensed professional land surveyors and arrange or index the record so it is an easy to use reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in files in the office of the county surveyor to be provided by the county. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB328, s. 7 Section 7. 59.45 (1) (b) of the statutes is amended to read:

SB328,7,2 59.45 (1) (b) Surveys for individuals or corporations may be performed by any licensed professional land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties with a population of 500,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB328, s. 8 Section 8. 59.45 (3) of the statutes is amended to read:

SB328,7,6 59.45 (3) Surveyor; fees. In addition to the regular fees of licensed professional land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.

SB328, s. 9 Section 9. 59.46 of the statutes is amended to read:

SB328,7,11 59.46 Penalty for nonfeasance. Any county surveyor, any city, village or town engineer, or any licensed professional land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal.

SB328, s. 10 Section 10. 59.74 (2) (b) 1. of the statutes is amended to read:

SB328,8,4 59.74 (2) (b) 1. Whenever it becomes necessary to destroy, remove or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this subsection, the person including employes of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey or corner post and the reason for removing or covering it. In this paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the clerk. In a county with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice the clerk shall appoint a registered licensed professional land surveyor to perform the duties of a county surveyor under subd. 2.

SB328, s. 11 Section 11. 59.74 (2) (c) of the statutes is amended to read:

SB328,8,12 59.74 (2) (c) In those counties where there are no county surveyors a petition can be made to the board by any resident of this state requesting the board to appoint a licensed professional land surveyor to act in the capacity of the county surveyor. The board, upon receipt of this petition, shall appoint a licensed professional land surveyor to act in the capacity of the county surveyor. In counties with a population of 500,000 or more, the board may appoint a governmental agency to act in the capacity of county surveyor.

SB328, s. 12 Section 12. 59.74 (2) (g) of the statutes is amended to read:

SB328,8,16 59.74 (2) (g) Every licensed professional land surveyor and every officer of the department of natural resources and the district attorney shall enforce this subsection.

SB328, s. 13 Section 13. 59.74 (2) (h) of the statutes is amended to read:

SB328,9,8 59.74 (2) (h) Any registered licensed professional land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this subsection with respect to preservation and perpetuation of landmarks, witness monuments and corner posts upon and along state trunk, county trunk and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under par. (b) 2., a licensed professional land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a licensed professional land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB328, s. 14 Section 14. 59.74 (2) (j) of the statutes is amended to read:

SB328,9,12 59.74 (2) (j) The county surveyor may employ other licensed professional land surveyors to assist in this work and may accept reference checks for these corners from any licensed professional land surveyor.

SB328, s. 15 Section 15. 59.75 of the statutes is amended to read:

SB328,9,21 59.75 Certificates and records as evidence. The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any licensed professional land surveyor appointed by the board.

SB328, s. 16 Section 16. 60.84 (1) of the statutes is amended to read:

SB328,9,24 60.84 (1) Survey, contract for. The town board may contract with the county surveyor or any registered licensed professional land surveyor to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.

SB328, s. 17 Section 17. 157.07 (1) of the statutes is amended to read:

SB328,10,11 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a professional land surveyor registered licensed in this state those portions of the lands that are from time to time required for burial, into cemetery lots, drives and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

SB328, s. 18 Section 18. 236.15 (2) of the statutes is amended to read:

SB328,10,16 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered licensed in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.

SB328, s. 19 Section 19. 236.34 (1) (a) of the statutes is amended to read:

SB328,10,20 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered licensed in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

SB328, s. 20 Section 20. 440.08 (2) (a) 39. of the statutes is amended to read:

SB328,10,23 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year; $69.

SB328, s. 21 Section 21. Chapter 443 (title) of the statutes is amended to read:

SB328,10,25 CHAPTER 443

SB328,11,5 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS AND professional LAND SURVEYORS

SB328, s. 22 Section 22. 443.01 (1g) of the statutes is created to read:

SB328,11,10 443.01 (1g) "Cartographic surveying" means collecting topographic, hydrographic, aerial, anthropologic, forensic, architectural or mining data that depicts areas and physical features on, below or above the surface of the earth and compiling maps.

SB328, s. 23 Section 23. 443.01 (1r) of the statutes is created to read:

SB328,11,15 443.01 (1r) "Construction surveying" means surveying or mapping in support of infrastructure design, improvements related to private and public boundary lines, construction layout or historic preservation, and establishing any postconstruction documentation related to such surveying or mapping.

SB328, s. 24 Section 24. 443.01 (3) of the statutes is amended to read:

SB328,11,19 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers and professional land surveyors.

SB328, s. 25 Section 25. 443.01 (3b) of the statutes is created to read:

SB328,11,22 443.01 (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.

SB328, s. 26 Section 26. 443.01 (4) of the statutes is renumbered 443.01 (6s) (intro.) and amended to read:

SB328,12,2 443.01 (6s) (intro.) "Land Practice of professional land surveying" means any service comprising the determination of the location of the following:

SB328,12,4 (c) Establishing, restoring or perpetuating private or public land boundaries and land boundary corners; the preparation of.

SB328,12,5 (d) Preparing maps showing the that depict any of the following:

SB328,12,8 1. The shape and area of tracts of land and their subdivisions into smaller tracts; the preparation of maps showing the or the subdivision or consolidation of tracts of land.

SB328,12,10 2. The layout and rights-of way of roads, or streets and rights-of-way of same to give access to smaller tracts; and the preparation of.

SB328,12,11 (e) Preparing assessors' or official plats, or maps, of land in this state.

SB328, s. 27 Section 27. 443.01 (6s) (a) and (b) of the statutes are created to read:

SB328,12,14 443.01 (6s) (a) Measuring and analyzing a tract of land to determine its boundaries or to describe the tract for the purpose of conveyance.

SB328,12,16 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB328, s. 28 Section 28. 443.01 (6s) (d) 3. and 4. of the statutes are created to read:

SB328,12,18 443.01 (6s) (d) 3. Air, water or property rights.

SB328,12,19 4. Public or private easements.

SB328, s. 29 Section 29. 443.01 (6s) (f) to (h) of the statutes are created to read:

SB328,12,24 443.01 (6s) (f) Applying knowledge or experience about land surveying to assist in the development, use or management of geographic or land information systems that collect, organize or disseminate data regarding land ownership or land resources.

SB328,13,2 (g) Performing cartographic, construction or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

SB328,13,4 (h) Providing consultation services related to any of the practices specified in this subsection.

SB328, s. 30 Section 30. 443.01 (7m) of the statutes is created to read:

SB328,13,9 443.01 (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 or permit to engage in the practice of professional land surveying under this chapter.

SB328, s. 31 Section 31. 443.02 (4) (a) of the statutes is renumbered 443.02 (4) and amended to read:

SB328,13,16 443.02 (4) No person may engage 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 license or permit to practice under this chapter.

SB328, s. 32 Section 32. 443.06 (title) of the statutes is amended to read:

SB328,13,19 443.06 (title) Registration Licensure requirements for professional land surveyors.

SB328, s. 33 Section 33. 443.06 (1) (title) of the statutes is amended to read:

SB328,13,21 443.06 (1) (title) Registration Licensure, application, qualifying experience.

SB328, s. 34 Section 34. 443.06 (1) (a) of the statutes is amended to read:

SB328,14,6 443.06 (1) (a) Application for registration licensure as a professional land surveyor or a permit to practice shall be made to the section under oath, on forms provided by the department, which shall require the applicant to submit such information as the section deems necessary. The 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 a granted a license or permit to practice as professional land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB328, s. 35 Section 35. 443.06 (1) (b) of the statutes is amended to read:

SB328,14,14 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in land surveying approved by the professional land surveyor section, or responsible charge of land surveying teaching may be considered as equivalent to one year of qualifying experience in land surveying work, and each year, but not more than 4 years completed in a curriculum other than land surveying approved by the land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB328, s. 36 Section 36. 443.06 (2) (intro.) of the statutes is amended to read:

SB328,14,19 443.06 (2) Requirements; certificate of registration license. (intro.) The section may grant a certificate of registration as a professional land surveyor license to any person who has submitted to it an application, the required fees and one or more of the following:

SB328, s. 37 Section 37. 443.06 (2) (a) of the statutes is amended to read:

SB328,15,3 443.06 (2) (a) A record of completion of a course in land surveying of not less than 2 years' duration approved by the professional land surveyor section together with 2 years of practice in land surveying work of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section before July 1, 2000.

SB328, s. 38 Section 38. 443.06 (2) (am) of the statutes is amended to read:

SB328,15,14 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in land surveying or a related field that has a duration of not less than 4 years and is approved by the land surveyor section, and that he or she has engaged in at least 2 years of land surveying 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 land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB328, s. 39 Section 39. 443.06 (2) (b) of the statutes is amended to read:

SB328,15,22 443.06 (2) (b) A record of 6 years of practice in land surveying of satisfactory character, which indicates that the applicant is competent to be placed in responsible charge of such work, 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 professional land surveyors' certificates licenses that are submitted to the land surveyor section before July 1, 2000.

SB328, s. 40 Section 40. 443.06 (2) (bm) of the statutes is amended to read:

SB328,16,8 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in land surveying or a related field that has a duration of not less than 2 years and is approved by the land surveyor section, and that he or she has engaged in at least 4 years of land surveying 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 land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB328, s. 41 Section 41. 443.06 (2) (c) of the statutes is repealed.

SB328, s. 42 Section 42. 443.06 (2) (cm) of the statutes is amended to read:

SB328,16,18 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in at least 10 years of land surveying 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 land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB328, s. 43 Section 43. 443.06 (2) (d) of the statutes is amended to read:

SB328,16,25 443.06 (2) (d) An unexpired certificate of registration , certification or license as a land surveyor or professional land surveyor 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.