AB804: Bill Text

AB804,2,2 An Act to repeal 443.06 (2) (c); to renumber and amend 443.01 (4) and 443.14 (8) (a); to amend 15.405 (2) (intro.), (a) and (b), 30.11 (3), 30.13 (3) (a), 59.20 (2), 59.43 (8), 59.45 (1) (a) 2., 59.45 (1) (b), 59.45 (3), 59.46, 59.74 (2) (b) 1., 59.74 (2) (c), 59.74 (2) (g), 59.74 (2) (h), 59.74 (2) (j), 59.75, 60.84 (1), 157.07 (1), 236.15 (2), 236.34 (1) (a), 440.08 (2) (a) 39., chapter 443 (title), 443.01 (3), 443.02 (4), 443.06 (title), 443.06 (1) (title), 443.06 (1) (a), 443.06 (1) (b), 443.06 (2) (intro.), 443.06 (2) (a), 443.06 (2) (am), 443.06 (2) (b), 443.06 (2) (bm), 443.06 (2) (cm), 443.06 (2) (d), 443.06 (2) (e), 443.06 (2) (em), 443.06 (3), 443.10 (title), 443.10 (2) (b), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (3), 443.14 (8) (b), 443.14 (8) (c), 443.14 (8) (d), 443.14 (9), 443.14 (11), 443.18 (2) (b), 703.11 (2) (b), 703.11 (4), 703.13 (6) (e), 703.13 (7) (c), 707.215 (5) (intro.), 709.02 and 709.07; and to create 443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) and (b), 443.01 (6s) (d) 3. and 4., 443.01 (6s) (f) to (h), 443.01 (7m) and 443.135 of the statutes; relating to: professional land surveyors and the practice of professional land surveying and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person may not practice land surveying or represent that he or she is a land surveyor unless the land surveyor section (section) of the examining board of architects, landscape architects, professional engineers, designers and land surveyors (board) has issued a certificate of registration or permit to the person. "Land surveying" is defined as determining the location of land boundaries and boundary corners; preparing maps that show the shape and area of tracts of land or subdivisions or the layout of roads, streets, or rights-of-way; or preparing official plats or maps of land in this state.

This bill replaces "land surveying" with the term "practice of professional land surveying" and defines the term as any of the following:

1. Establishing, restoring, or perpetuating private or public land boundaries and boundary corners.

2. Preparing maps for establishing the boundaries of interests in real property that depict any of the following: a) the shape and area of tracts of land or the subdivision or consolidation of tracts; b) the layout and rights-of-way of roads or streets; c) air, water, or property rights; or d) public or private easements.

3. Preparing assessors' or official plats or maps of lands in this state.

4. Measuring and analyzing a tract of land to determine its legal description.

5. Designing or coordinating designs for platting or subdividing tracts of land.

6. Applying knowledge or experience about land surveying to assist in the development, use, or management of geographic or land information systems.

7. Performing cartographic, construction, or geodetic surveying in connection with any of the practices described in the above items.

8. Providing consultation services related to any of the practices described in the above items.

The bill also replaces the certificate of registration requirement under current law with a licensure requirement. Therefore, under the bill with certain exceptions, a person may not engage in the practice of professional land surveying or represent that he or she is a professional land surveyor unless the person is issued a license or permit by the section. Also, after July 1, 2010, the bill requires employees of the federal government, this state, and public utilities to obtain a license or permit to engage in the practice of professional land surveying. Such employees are exempt from the certificate of registration and permit requirements under current law.

In addition, the bill changes the name of the section to the professional land surveyor section and changes the name of the board to the examining board of architects, landscape architects, professional engineers, designers and professional land surveyors. Finally, the bill replaces various references under current law to "registered land surveyor" with "licensed professional land surveyor."

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB804, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:

AB804,3,12 15.405 (2) Examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors. (intro.) There is created an examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered or licensed to practice architecture, landscape architecture, professional engineering, the design of engineering systems, or professional land surveying under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional engineers, 3 designers, 3 professional land surveyors, and 10 public members.

AB804,3,18 (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an engineer section, a designer section , and a professional land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

AB804,4,2 (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration or licensure, and all other matters of interest to either the architect, landscape architect, engineer, designer, or professional land surveyor section shall be acted upon solely by the interested section.

AB804, s. 2 Section 2. 30.11 (3) of the statutes is amended to read:

AB804,4,15 30.11 (3) How established. Whenever any municipality proposes to establish a bulkhead line or to reestablish an existing bulkhead line, the municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be prepared by a licensed professional land surveyor registered licensed in this state. The department may require the installation of permanent reference markers to the bulkhead line. Upon approval by the department, the municipality shall deliver the map, description, and ordinance to the office of the register of deeds of the county in which the bulkhead line lies, to be recorded by the register of deeds.

AB804, s. 3 Section 3. 30.13 (3) (a) of the statutes is amended to read:

AB804,4,24 30.13 (3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered licensed professional land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

AB804, s. 4 Section 4. 59.20 (2) of the statutes is amended to read:

AB804,5,20 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.

AB804, s. 5 Section 5. 59.43 (8) of the statutes is amended to read:

AB804,6,6 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.

AB804, s. 6 Section 6. 59.45 (1) (a) 2. of the statutes is amended to read:

AB804,6,20 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 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.

AB804, s. 7 Section 7. 59.45 (1) (b) of the statutes is amended to read:

AB804,7,3 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.

AB804, s. 8 Section 8. 59.45 (3) of the statutes is amended to read:

AB804,7,7 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.

AB804, s. 9 Section 9. 59.46 of the statutes is amended to read:

AB804,7,12 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.

AB804, s. 10 Section 10. 59.74 (2) (b) 1. of the statutes is amended to read:

AB804,8,5 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 employees 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.

AB804, s. 11 Section 11. 59.74 (2) (c) of the statutes is amended to read:

AB804,8,13 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.

AB804, s. 12 Section 12. 59.74 (2) (g) of the statutes is amended to read:

AB804,8,17 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.

AB804, s. 13 Section 13. 59.74 (2) (h) of the statutes is amended to read:

AB804,9,9 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.

AB804, s. 14 Section 14. 59.74 (2) (j) of the statutes is amended to read:

AB804,9,13 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.

AB804, s. 15 Section 15. 59.75 of the statutes is amended to read:

AB804,9,22 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.

AB804, s. 16 Section 16. 60.84 (1) of the statutes is amended to read:

AB804,9,25 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.

AB804, s. 17 Section 17. 157.07 (1) of the statutes is amended to read:

AB804,10,11 157.07 (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.

AB804, s. 18 Section 18. 236.15 (2) of the statutes is amended to read:

AB804,10,16 236.15 (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.

AB804, s. 19 Section 19. 236.34 (1) (a) of the statutes is amended to read:

AB804,10,20 236.34 (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.

AB804, s. 20 Section 20. 440.08 (2) (a) 39. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB804,10,24 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year; $77.

AB804, s. 21 Section 21. Chapter 443 (title) of the statutes is amended to read:

AB804,11,1 CHAPTER 443

AB804,11,6 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND professional LAND SURVEYORS

AB804, s. 22 Section 22. 443.01 (1g) of the statutes is created to read:

AB804,11,11 443.01 (1g) "Cartographic surveying" means collecting topographic, hydrographic, aerial, anthropologic, forensic, architectural, or mining data that depicts areas and physical features on, below, as affected by 1999 Wisconsin Act 9, or above the surface of the earth and compiling maps.

AB804, s. 23 Section 23. 443.01 (1r) of the statutes is created to read:

AB804,11,16 443.01 (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.

AB804, s. 24 Section 24. 443.01 (3) of the statutes is amended to read:

AB804,11,20 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors.

AB804, s. 25 Section 25. 443.01 (3b) of the statutes is created to read:

AB804,11,23 443.01 (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.

AB804, s. 26 Section 26. 443.01 (4) of the statutes is renumbered 443.01 (6s) (intro.) and amended to read:

AB804,12,2 443.01 (6s) (intro.) "Land Practice of professional land surveying" means any service comprising the determination of the location of the following:

AB804,12,4 (c) Establishing, restoring, or perpetuating private or public land boundaries and land boundary corners; the preparation of.

AB804,12,6 (d) Preparing maps showing the for the purpose of establishing the boundaries of interests in real property that depict any of the following:

AB804,12,9 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.

AB804,12,11 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.

AB804,12,12 (e) Preparing assessors' or official plats, or maps, of land in this state.

AB804, s. 27 Section 27. 443.01 (6s) (a) and (b) of the statutes are created to read:

AB804,12,15 443.01 (6s) (a) Measuring and analyzing a tract of land to determine its legal description.

AB804,12,17 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

AB804, s. 28 Section 28. 443.01 (6s) (d) 3. and 4. of the statutes are created to read:

AB804,12,19 443.01 (6s) (d) 3. Air, water, or property rights.

AB804,12,20 4. Public or private easements.

AB804, s. 29 Section 29. 443.01 (6s) (f) to (h) of the statutes are created to read:

AB804,12,25 443.01 (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.

AB804,13,2 (g) Performing cartographic, construction, or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

AB804,13,4 (h) Providing consultation services related to any of the practices specified in this subsection.