Amendment ASA1-AB271

LRBs0085/3

TKK&MGG:cjs:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 271

October 19, 2009 - Offered by Representative Clark.

AB271-ASA1,2,12 An Act to repeal 443.01 (4), 443.06 (2) (a), 443.06 (2) (b), 443.06 (2) (c) and 443.06 (2) (e); to renumber and amend 59.43 (8) and 443.14 (16); to amend 15.405 (2) (intro.), (a) and (b), 26.09 (3) (b) 1., 30.11 (3), 30.13 (3) (a), 59.20 (2) (c), 59.43 (8) (d), 59.45 (1) (a) 2., 59.45 (1) (b), 59.45 (3), 59.46, 59.73 (2), 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), 60.84 (2), 60.84 (3) (a), 60.84 (3) (c) (intro.), 60.84 (4), 70.27 (5), 70.27 (6), 70.27 (7) (intro.), 70.27 (7) (d), 84.095 (5), 157.07 (1), 157.07 (2), 157.07 (3), 236.02 (2m), 236.12 (8), 236.15 (1) (a), 236.15 (1) (d), 236.15 (2), 236.16 (3) (title), 236.16 (4) (title), 236.20 (2) (g), 236.21 (1) (intro.), 236.21 (1) (a), 236.21 (1) (d), 236.32 (1), 236.34 (1) (a), 236.34 (1) (d) (intro.), 236.34 (1) (d) 1., 236.34 (1) (d) 4., 440.03 (13) (b) 34., 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) (am), 443.06 (2) (bm), 443.06 (2) (cm), 443.06 (2) (d), 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), 443.135 (2) (a), 443.135 (2) (b), 443.14 (8) (a), 443.14 (8) (b), 443.14 (8) (c), 443.14 (8) (d), 443.14 (9), 443.14 (11), 443.18 (2) (a), 443.18 (2) (b), 470.025 (7), 703.02 (6m), 703.11 (2) (b), 703.11 (4), 703.115 (1) (b), 703.13 (6) (e), 703.13 (7) (c), 703.13 (8) (c), 707.215 (5) (intro.), 709.02 (1), 709.07 and 893.37; and to create 16.967 (3) (f), 59.001 (2k), 59.43 (8) (b), 59.43 (8) (d), 93.70 (1m), 157.061 (13m), 236.02 (9b), 236.025, 236.20 (6), 443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s), 443.01 (7m), 443.135, 443.14 (8) (dm), 443.14 (15), 443.14 (16), 443.14 (16) (form), 703.02 (13r), 895.477 and 943.13 (4m) (d) of the statutes; relating to: professional land surveyors, the practice of professional land surveying, surveying land abutting navigable waters, 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 substitute amendment replaces "land surveying" with the term "practice of professional land surveying" and defines the term as any of the following:

1. Any service comprising the determination of the location of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property: a) the layout and rights-of-way of roads or streets; b) air or property rights; or c) public or private easements.

2. Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

3. Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to describe the shape, area, and boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or that is necessary to describe the boundaries of any interest in real property identified in item 1.

4. Preparing maps that depict any interest in real property identified in item 1. for the purpose of establishing the boundaries of any such interest in real property.

5. Preparing any of the following: a) an official map established or amended by a city, established or amended by a village, or adopted by a town; b) an assessor's plat; c) a map or plat of cemetery lands; d) a subdivision plat, certified survey map, or correction instrument; e) a condominium plat or correction instrument; or f) a project and time-share plat.

6. Performing cartographic, construction, or geodetic surveying in connection with any of the practices specified in items 1. to 5.

The substitute amendment also replaces the certificate of registration requirement under current law with a licensure requirement. Therefore, under the substitute amendment 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.

In addition, the substitute amendment 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. The substitute amendment also replaces various references under current law to "registered land surveyor," "land surveyor," and "surveyor" with "professional land surveyor."

After July 1, 2018, the substitute amendment requires employees of 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.

The substitute amendment creates a new exemption from licensure for employees of a cooperative association organized under the laws of this state for the purpose of producing or furnishing heat, light, power, or water for its members while the employees are engaged in the practice of professional land surveying. This exemption from licensure does not apply after July 1, 2018.

The substitute amendment creates an exemption from licensure for employees of the Department of Agriculture, Trade and Consumer Protection (DATCP) who are engaged in establishing the boundaries of easements acquired by DATCP under the Conservation Reserve Enhancement Program (CREP), if the DATCP employees include on any map prepared in connection with a CREP easement a written disclaimer indicating that the map has not been prepared by a professional land surveyor licensed under chapter 443 of the statutes, and has been prepared using protocols established by the Federal Department of Agriculture under the Wetlands Reserve Program, 16 USC 3837 to 3837f.

The substitute amendment also exempts from licensure employees of state agencies and local units of government who operate a land information system or geographic information system and who prepare maps on that system if the maps show approximate property boundaries and if the maps contain the following or a substantially similar disclaimer:

"This map shows the approximate relative location of property boundaries but was not prepared by a professional land surveyor. This map is provided for informational purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes."

The substitute amendment also exempts from licensure persons who prepare any of the following maps: a) a map used in connection with a regulatory program established by, or in connection with the exercise of police powers by, or in connection with the enforcement of the public trust doctrine or any other constitutional authority by, the state or a local unit of government or b) a map showing the boundaries or the shape and area of land designated as forest cropland or as managed forest land by the Department of Natural Resources (DNR), if the map includes a disclaimer substantially similar to the disclaimer required under the substitute amendment on certain maps prepared by employees of state agencies and local units of government who operate land information systems and geographic information systems.

Under current law, a professional surveyor who prepares a lake or stream shore plat must show certain dimensions as measured from the ordinary high water mark (OHWM) of the lake or stream. The substitute amendment authorizes a professional land surveyor to incorporate an OHWM that has been determined by the DNR or that has otherwise been determined by law or to approximate the OHWM. The substitute amendment requires that statements be included on the face of certain plats or maps that explain that the land below the OHWM of a navigable water is subject to the public trust doctrine for navigable waters and that exposed land between the OHWM and the water's edge is to be used exclusively by the owner of the adjacent waterfront property, unless otherwise provided by law or by the owner's title.

The substitute amendment exempts a professional land surveyor and an employee working under the direct supervision of the professional land surveyor from civil liability for trespass occurring during the practice of professional land surveying or damage caused as a result of the surveyor's approximation of an OHWM or of high and low water elevations, provided the action of the surveyor or his or her employee were in good faith and not reckless, wanton, or involving intentional misconduct.

Under current law, with limited exceptions, a county register of deeds may not record a map, plat, survey, or other document within the definition of land surveying unless the map, plat, survey, or other document contains the signature and seal of the land surveyor under whose charge the document was prepared. This limitation on recording does not apply to a deed, contract, or other recordable document prepared by an attorney, or to a transportation project plat prepared by a state agency if the plat conforms to the requirements established for transportation project plats under current law. This substitute amendment requires that a map, plat, survey, or other document within the definition of the practice of professional land surveying bear the signature and seal of the professional land surveyor in order for the map, plat, survey, or other document to be recorded with the county register of deeds, and creates two additional exceptions to the signature and seal requirements. Under the substitute amendment, the signature and seal of a professional land surveyor is not required on any of the following documents: a) a map that depicts the approximate boundaries or the shape and area of one or more tracts of land or one or more interests in real property if either a legal description of the tract or tracts of land or interest or interests in real property, or a map, survey, plat, or other document that depicts the tract or tracts of land or interest or interests in real property and that bears the signature and seal of the professional land surveyor who prepared the map, plat, survey, or other document is incorporated into or attached to and submitted for recording with the map; and b) a map that depicts the boundaries of CREP easement acquired by DATCP if the map is prepared in accordance with the requirements established in this substitute amendment.

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

AB271-ASA1, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:

AB271-ASA1,5,12 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 the practice of 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.

AB271-ASA1,6,2 (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.

AB271-ASA1,6,7 (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.

AB271-ASA1, s. 2 Section 2. 16.967 (3) (f) of the statutes is created to read:

AB271-ASA1,6,15 16.967 (3) (f) Ensure that state agencies and local governmental units with land information responsibilities include on any map that depicts the boundary of one or more tracts of land, or of one or more interests in real property, the following or a substantially similar disclaimer if the map was prepared using the land information system, but was not prepared by a professional land surveyor, as defined in s. 443.01 (7m), engaged in the practice of professional land surveying, as defined in s. 443.01 (6s):

AB271-ASA1,6,19 "This map shows the approximate relative location of property boundaries but was not prepared by a professional land surveyor. This map is provided for informational purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes."

AB271-ASA1, s. 3 Section 3. 26.09 (3) (b) 1. of the statutes is amended to read:

AB271-ASA1,7,2 26.09 (3) (b) 1. A court shall award damages that equal the stumpage value of the raw forest products harvested if the person harvesting the raw forest products or the person giving consent for the harvesting reasonably relied upon a recorded survey that was done by a person who is registered licensed under ch. 443 as a professional land surveyor or who is issued a permit to engage in the practice of professional land surveying under s. 443.06 even if the recorded survey is determined, after the harvesting, to be in error.

AB271-ASA1, s. 4 Section 4. 30.11 (3) of the statutes is amended to read:

AB271-ASA1,7,15 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 professional land surveyor registered in this state licensed under ch. 443. 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.

AB271-ASA1, s. 5 Section 5. 30.13 (3) (a) of the statutes is amended to read:

AB271-ASA1,7,24 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 professional land surveyor licensed under ch. 443 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.

AB271-ASA1, s. 6 Section 6. 59.001 (2k) of the statutes is created to read:

AB271-ASA1,8,2 59.001 (2k) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

AB271-ASA1, s. 7 Section 7. 59.20 (2) (c) of the statutes is amended to read:

AB271-ASA1,8,9 59.20 (2) (c) In counties that elect a surveyor, the surveyor shall be a registered professional land surveyor. In lieu of electing a surveyor in any county having a population of less than 500,000, the board may, by resolution, designate that the duties under ss. 59.45 (1) and 59.74 (2) be performed by any registered professional land surveyor employed by the county. Any surveyor employed by a county having a population of 500,000 or more shall be a professional land surveyor.

AB271-ASA1, s. 8 Section 8. 59.43 (8) of the statutes is renumbered 59.43 (8) (intro.) and amended to read:

AB271-ASA1,8,19 59.43 (8) Required signature and seal on survey document for filing or recording. (intro.) 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 professional land surveyor under whose responsible charge the map, plat, survey, or other document was prepared. This subsection does not apply to any of the following:

AB271-ASA1,8,21 (a) A deed, contract, or other recordable document prepared by an attorney, or to a.

AB271-ASA1,8,23 (c) A transportation project plat that conforms to s. 84.095 and that is prepared by a state agency.

AB271-ASA1, s. 9 Section 9. 59.43 (8) (b) of the statutes is created to read: