LRB-4701/1
MDK:wlj&hmh:jf
2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Jeskewitz, Ainsworth, Hahn,
Lippert, Miller, Albers, Sherman, Vrakas and La Fave, cosponsored by
Senators Shibilski, Welch, Burke, George and Risser. Referred to
Committee on Small Business and Consumer Affairs.
AB804,2,2
1An Act to repeal 443.06 (2) (c);
to renumber and amend 443.01 (4) and 443.14
2(8) (a);
to amend 15.405 (2) (intro.), (a) and (b), 30.11 (3), 30.13 (3) (a), 59.20 (2),
359.43 (8), 59.45 (1) (a) 2., 59.45 (1) (b), 59.45 (3), 59.46, 59.74 (2) (b) 1., 59.74 (2)
4(c), 59.74 (2) (g), 59.74 (2) (h), 59.74 (2) (j), 59.75, 60.84 (1), 157.07 (1), 236.15
5(2), 236.34 (1) (a), 440.08 (2) (a) 39., chapter 443 (title), 443.01 (3), 443.02 (4),
6443.06 (title), 443.06 (1) (title), 443.06 (1) (a), 443.06 (1) (b), 443.06 (2) (intro.),
7443.06 (2) (a), 443.06 (2) (am), 443.06 (2) (b), 443.06 (2) (bm), 443.06 (2) (cm),
8443.06 (2) (d), 443.06 (2) (e), 443.06 (2) (em), 443.06 (3), 443.10 (title), 443.10 (2)
9(b), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (3), 443.14 (8) (b), 443.14 (8) (c),
10443.14 (8) (d), 443.14 (9), 443.14 (11), 443.18 (2) (b), 703.11 (2) (b), 703.11 (4),
11703.13 (6) (e), 703.13 (7) (c), 707.215 (5) (intro.), 709.02 and 709.07; and
to
12create 443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) and (b), 443.01 (6s)
13(d) 3. and 4., 443.01 (6s) (f) to (h), 443.01 (7m) and 443.135 of the statutes;
1relating to: professional land surveyors and the practice of professional land
2surveying 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
1Section
1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
AB804,3,122
15.405
(2) Examining board of architects, landscape architects,
3professional engineers, designers, and
professional land surveyors. (intro.)
4There is created an examining board of architects, landscape architects, professional
5engineers, designers
, and
professional land surveyors in the department of
6regulation and licensing. Any professional member appointed to the examining
7board shall be registered
or licensed to practice architecture, landscape architecture,
8professional engineering, the design of engineering systems
, or
professional land
9surveying under ch. 443. The examining board shall consist of the following
10members appointed for 4-year terms: 3 architects, 3 landscape architects, 3
11professional engineers, 3 designers, 3
professional land surveyors
, and 10 public
12members.
AB804,3,1813
(a) In operation, the examining board shall be divided into an architect section,
14a landscape architect section, an engineer section, a designer section
, and a
15professional land surveyor section. Each section shall consist of the 3 members of
16the named profession appointed to the examining board and 2 public members
17appointed to the section. The examining board shall elect its own officers
, and shall
18meet at least twice annually.
AB804,4,219
(b) All matters pertaining to passing upon the qualifications of applicants for
20and the granting or revocation of registration
or licensure, and all other matters of
21interest to either the architect, landscape architect, engineer, designer
, or
1professional land surveyor section shall be acted upon solely by the interested
2section.
AB804, s. 2
3Section
2. 30.11 (3) of the statutes is amended to read:
AB804,4,154
30.11
(3) How established. Whenever any municipality proposes to establish
5a bulkhead line or to reestablish an existing bulkhead line, the municipality shall
6indicate both the existing shore and the proposed bulkhead line upon a map and shall
7file with the department for its approval 6 copies of the map and 6 copies of the
8ordinance establishing the bulkhead line. The map shall use a scale of not less than
9100 feet to an inch or any other scale required by the department. The map and a
10metes and bounds description of the bulkhead line shall be prepared by a
licensed
11professional land surveyor
registered licensed in this state. The department may
12require the installation of permanent reference markers to the bulkhead line. Upon
13approval by the department, the municipality shall deliver the map, description
, and
14ordinance to the office of the register of deeds of the county in which the bulkhead
15line lies, to be recorded by the register of deeds.
AB804, s. 3
16Section
3. 30.13 (3) (a) of the statutes is amended to read:
AB804,4,2417
30.13
(3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead
18line may also establish a pierhead line in the same manner as it is authorized to
19establish a bulkhead line, except that a metes and bounds legal description is not
20required nor is the map required to be prepared by a
registered licensed professional 21land surveyor and except that if the municipality has created a board of harbor
22commissioners the municipality must obtain the approval of the board concerning
23the establishment of the pierhead line in addition to obtaining the approval of the
24department.
AB804, s. 4
25Section
4. 59.20 (2) of the statutes is amended to read:
AB804,5,20
159.20
(2) County officers; terms. A county clerk, treasurer, sheriff, coroner,
2clerk of circuit court, register of deeds
, and surveyor, who shall be a
registered 3licensed professional land surveyor, shall be elected in each county for full terms at
4the general election held in each even-numbered year. The regular term of office of
5each such officer shall commence on the first Monday of January next succeeding his
6or her election and shall continue 2 years and until his or her successor qualifies.
7In lieu of electing a surveyor in any county, the board may, by resolution, designate
8that the duties under ss. 59.45 (1) and 59.74 (2) be performed by any
registered 9licensed professional land surveyor employed by the county. In any county
10containing one town only, the county board may, by resolution, designate any county
11office a part-time position, combine 2 or more county offices, and, if concurred in by
12the town board, combine the offices of county clerk and town clerk and any other
13county and town offices, provided that the offices combined are not incompatible and
14the combination is not expressly forbidden by law. If the town board so concurs, the
15election may be for the combined office
, and no separate election for the town office
16shall be held until after the county board has by resolution decided to abandon the
17combination
, and the town board has concurred by resolution. In counties having a
18population of 500,000 or more, no county coroner or county surveyor may be elected.
19In any county in which a medical examiner system is instituted, no coroner may be
20elected.
AB804, s. 5
21Section
5. 59.43 (8) of the statutes is amended to read:
AB804,6,622
59.43
(8) Required signature and seal on survey document for filing or
23recording. It is unlawful for the register of deeds of any county or any proper public
24authority to file or record a map, plat, survey
, or other document within the definition
25of
the practice of professional land surveying
under s. 443.01 (6s), which does not
1have impressed thereon, and affixed thereto, the personal signature and seal of a
2registered licensed professional land surveyor under whose responsible charge the
3map, plat, survey
, or other document was prepared. This subsection does not apply
4to any deed, contract
, or other recordable document prepared by an attorney, or to
5a transportation project plat that conforms to s. 84.095 and that is prepared by a state
6agency.
AB804, s. 6
7Section
6. 59.45 (1) (a) 2. of the statutes is amended to read:
AB804,6,208
59.45
(1) (a) 2. Make, personally or by a deputy, a record, in books or on
9drawings and plats that are kept for that purpose, of all corners that are set and the
10manner of fixing the corners and of all bearings and the distances of all courses run,
11of each survey made personally, by deputies or by other
licensed professional land
12surveyors and arrange or index the record so it is an
easy to use easy-to-use 13reference and file and preserve in the office the original field notes and calculation
14thereof. Within 60 days after completing any survey, the county surveyor shall make
15a true and correct copy of the foregoing record, in record books or on reproducible
16papers to be furnished by the county and kept in files in the office of the county
17surveyor to be provided by the county. In a county with a population of 500,000 or
18more where there is no county surveyor, a copy of the record shall also be filed in the
19office of the regional planning commission which acts in the capacity of county
20surveyor for the county.
AB804, s. 7
21Section
7. 59.45 (1) (b) of the statutes is amended to read:
AB804,7,322
59.45
(1) (b) Surveys for individuals or corporations may be performed by any
23licensed professional land surveyor who is employed by the parties requiring the
24services, providing that within 60 days after completing any survey the land
25surveyor files a true and correct copy of the survey in the office of the county surveyor.
1In counties with a population of 500,000 or more the copy shall be filed in the office
2of the register of deeds and in the office of the regional planning commission which
3acts in the capacity of county surveyor for the county.
AB804, s. 8
4Section
8. 59.45 (3) of the statutes is amended to read:
AB804,7,75
59.45
(3) Surveyor; fees. In addition to the regular fees of
licensed professional 6land surveyors that are received from the parties employing the county surveyor, the
7county surveyor may receive a salary from the county.
AB804, s. 9
8Section
9. 59.46 of the statutes is amended to read:
AB804,7,12
959.46 Penalty for nonfeasance. Any county surveyor, any city, village
, or
10town engineer, or any
licensed professional land surveyor who fails or refuses to
11perform any duty required of that person by law shall forfeit not less than $25 nor
12more than $50 for each such failure or refusal.
AB804, s. 10
13Section
10. 59.74 (2) (b) 1. of the statutes is amended to read:
AB804,8,514
59.74
(2) (b) 1. Whenever it becomes necessary to destroy, remove
, or cover up
15in such a way that will make it inaccessible for use, any landmark, monument of
16survey, or corner post within the meaning of this subsection, the person including
17employees of governmental agencies who intend to commit such act shall serve
18written notice at least 30 days prior to the act upon the county surveyor of the county
19within which the landmark is located. Notice shall also be served upon the
20municipality's engineer if the landmark is located within the corporate limits of a
21municipality. The notice shall include a description of the landmark, monument of
22survey
, or corner post and the reason for removing or covering it. In this paragraph,
23removal of a landmark includes the removal of railroad track by the owner of the
24track. In a county having a population of less than 500,000 where there is no county
25surveyor, notice shall be served upon the clerk. In a county with a population of
1500,000 or more where there is no county surveyor, notice shall be served upon the
2executive director of the regional planning commission which acts in the capacity of
3county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice
4the clerk shall appoint a
registered licensed professional land surveyor to perform
5the duties of a county surveyor under subd. 2.
AB804, s. 11
6Section
11. 59.74 (2) (c) of the statutes is amended to read:
AB804,8,137
59.74
(2) (c) In those counties where there are no county surveyors a petition
8can be made to the board by any resident of this state requesting the board to appoint
9a
licensed professional land surveyor to act in the capacity of the county surveyor.
10The board, upon receipt of this petition, shall appoint a
licensed professional land
11surveyor to act in the capacity of the county surveyor. In counties with a population
12of 500,000 or more, the board may appoint a governmental agency to act in the
13capacity of county surveyor.
AB804, s. 12
14Section
12. 59.74 (2) (g) of the statutes is amended to read:
AB804,8,1715
59.74
(2) (g) Every
licensed professional land surveyor and every officer of the
16department of natural resources and the district attorney shall enforce this
17subsection.
AB804, s. 13
18Section
13. 59.74 (2) (h) of the statutes is amended to read:
AB804,9,919
59.74
(2) (h) Any
registered licensed professional land surveyor employed by
20the department of transportation or by a county highway department, may, incident
21to employment as such, assume and perform the duties and act in the capacity of the
22county surveyor under this subsection with respect to preservation and perpetuation
23of landmarks, witness monuments
, and corner posts upon and along state trunk,
24county trunk
, and town highways. Upon completing a survey and perpetuating
25landmarks and witness monuments under par. (b) 2., a
licensed professional land
1surveyor employed by the state shall file the field notes and records in the district
2office or main office of the department of transportation, and a
licensed professional 3land surveyor employed by a county shall file the field notes and records in the office
4of the county highway commissioner, open to inspection by the public, and in either
5case a true and correct copy of the field notes and records shall be filed with the
6county surveyor. In a county with a population of 500,000 or more where there is no
7county surveyor, a copy of the field notes and records shall also be filed in the office
8of the regional planning commission which acts in the capacity of county surveyor
9for the county.
AB804, s. 14
10Section
14. 59.74 (2) (j) of the statutes is amended to read:
AB804,9,1311
59.74
(2) (j) The county surveyor may employ other
licensed professional land
12surveyors to assist in this work and may accept reference checks for these corners
13from any
licensed professional land surveyor.
AB804, s. 15
14Section
15. 59.75 of the statutes is amended to read:
AB804,9,22
1559.75 Certificates and records as evidence. The certificate and also the
16official record of the county surveyor when produced by the legal custodian thereof,
17or any of the county surveyor's deputies, when duly signed by the county surveyor
18in his or her official capacity, shall be admitted as evidence in any court within the
19state, but the same may be explained or rebutted by other evidence. If any county
20surveyor or any of his or her deputies are interested in any tract of land a survey of
21which becomes necessary, such survey may be executed by any
licensed professional 22land surveyor appointed by the board.
AB804, s. 16
23Section
16. 60.84 (1) of the statutes is amended to read:
AB804,9,2524
60.84
(1) Survey, contract for. The town board may contract with the county
25surveyor or any
registered licensed professional land surveyor to survey all or some
1of the sections in the town and to erect monuments under this section as directed by
2the board.
AB804, s. 17
3Section
17. 157.07 (1) of the statutes is amended to read:
AB804,10,114
157.07
(1) A cemetery authority shall cause to be surveyed and platted by a
5professional land surveyor
registered
licensed in this state those portions of the
6lands that are from time to time required for burial, into cemetery lots, drives
, and
7walks, and record a plat or map of the land in the office of the register of deeds. The
8plat or map may not be recorded unless laid out and platted to the satisfaction of the
9county board of the county, and the town board of the town in which the land is
10situated, or, if the land is situated within a 1st class city, then only by the common
11council of that city.
AB804, s. 18
12Section
18. 236.15 (2) of the statutes is amended to read:
AB804,10,1613
236.15
(2) Accuracy of survey. The survey shall be performed by a
14professional land surveyor
registered
licensed in this state
, and if the error in the
15latitude and departure closure of the survey or any part thereof is greater than the
16ratio of one in 3,000, the plat may be rejected.
AB804, s. 19
17Section
19. 236.34 (1) (a) of the statutes is amended to read:
AB804,10,2018
236.34
(1) (a) The survey shall be performed and the map prepared by a
19professional land surveyor
registered
licensed in this state. The error in the latitude
20and departure closure of the survey may not exceed the ratio of one in 3,000.
AB804,10,2423
440.08
(2) (a) 39. Land surveyor
, professional: February 1 of each
24even-numbered year; $77.
AB804, s. 21
25Section
21. Chapter 443 (title) of the statutes is amended to read:
AB804,11,62
EXAMINING BOARD OF ARCHITECTS,
3
LANDSCAPE ARCHITECTS,
4
PROFESSIONAL ENGINEERS,
5
DESIGNERS
, AND
professional
6LAND SURVEYORS
AB804, s. 22
7Section
22. 443.01 (1g) of the statutes is created to read:
AB804,11,118
443.01
(1g) "Cartographic surveying" means collecting topographic,
9hydrographic, aerial, anthropologic, forensic, architectural, or mining data that
10depicts areas and physical features on, below, as affected by
1999 Wisconsin Act 9,
11or above the surface of the earth and compiling maps.
AB804, s. 23
12Section
23. 443.01 (1r) of the statutes is created to read:
AB804,11,1613
443.01
(1r) "Construction surveying" means surveying or mapping in support
14of infrastructure design, improvements related to private and public boundary lines,
15construction layout or historic preservation, and establishing any postconstruction
16documentation related to such surveying or mapping.
AB804, s. 24
17Section
24. 443.01 (3) of the statutes is amended to read:
AB804,11,2018
443.01
(3) "Examining board" means the examining board of architects,
19landscape architects, professional engineers, designers
, and
professional land
20surveyors.
AB804, s. 25
21Section
25. 443.01 (3b) of the statutes is created to read:
AB804,11,2322
443.01
(3b) "Geodetic surveying" means surveying to determine the size and
23shape of the earth or the precise positions of points on the surface of the earth.
AB804, s. 26
24Section
26. 443.01 (4) of the statutes is renumbered 443.01 (6s) (intro.) and
25amended to read: