SB194: Bill Text

LRB-1031/2

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2009 - 2010 LEGISLATURE

2009 Senate BILL 194

May 7, 2009 - Introduced by Senators Risser, Lehman, Cowles, Taylor, Holperin and Schultz, cosponsored by Representatives Clark, Roys, Berceau, Mason, Staskunas, Gunderson, Zepnick, Hubler, Danou, Smith, Milroy, A. Ott and Jorgensen. Referred to Committee on Economic Development.

SB194,2,5 An Act to repeal 443.06 (2) (a), 443.06 (2) (b), 443.06 (2) (c) and 443.06 (2) (e); to renumber and amend 443.01 (4); 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), 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), 84.095 (5), 157.07 (1), 236.02 (2m), 236.15 (1) (a), 236.15 (1) (d), 236.15 (2), 236.16 (3) (title), 236.16 (4) (title), 236.20 (2) (g), 236.34 (1) (a), 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 (2) (b), 443.10 (5), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (3), 443.14 (8) (a), 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), 707.215 (5) (intro.), 709.02 (1), 709.07 and 893.37; to repeal and recreate 440.08 (2) (a) 39.; and to create 59.001 (2k), 236.025, 236.20 (6), 443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) 1. and 2., 443.01 (6s) (a) 4. c. and d., 443.01 (6s) (a) 6. to 8., 443.01 (6s) (b), 443.01 (7m), 443.135, 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 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, 2018, the bill 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.

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. The bill also replaces various references under current law to "registered land surveyor" with "professional land surveyor."

For purposes of platting lands or preparing survey maps that involve ordinary high water marks (OHWMs), a professional surveyor may incorporate an ordinary high water mark that has been identified by the Department of Natural Resources or that has otherwise been identified by law or may approximate the ordinary high water mark. The bill requires that a statement be included on the face of a plat or map explaining that the land below the OHWM 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.

For further information see the state and local 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:

SB194, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:

SB194,3,12 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.

SB194,4,6 (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.

SB194,4,11 (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.

SB194, s. 2 Section 2. 26.09 (3) (b) 1. of the statutes is amended to read:

SB194,4,19 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.

SB194, s. 3 Section 3. 30.11 (3) of the statutes is amended to read:

SB194,5,7 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 person licensed as a professional land surveyor registered in this state 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.

SB194, s. 4 Section 4. 30.13 (3) (a) of the statutes is amended to read:

SB194,5,16 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 person licensed as a professional land surveyor 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.

SB194, s. 5 Section 5. 59.001 (2k) of the statutes is created to read:

SB194,5,19 59.001 (2k) "Professional land surveyor" means a land surveyor licensed under ch. 443.

SB194, s. 6 Section 6. 59.20 (2) (c) of the statutes is amended to read:

SB194,6,2 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.

SB194, s. 7 Section 7. 59.43 (8) of the statutes is amended to read:

SB194,6,13 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 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.

SB194, s. 8 Section 8. 59.45 (1) (a) 2. of the statutes is amended to read:

SB194,7,2 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 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.

SB194, s. 9 Section 9. 59.45 (1) (b) of the statutes is amended to read:

SB194,7,10 59.45 (1) (b) Surveys for individuals or corporations may be performed by any 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.

SB194, s. 10 Section 10. 59.45 (3) of the statutes is amended to read:

SB194,7,14 59.45 (3) Surveyor; fees. In addition to the regular fees of professional land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.

SB194, s. 11 Section 11. 59.46 of the statutes is amended to read:

SB194,7,19 59.46 Penalty for nonfeasance. Any county surveyor, any city, village, or town engineer, or any 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.

SB194, s. 12 Section 12. 59.73 (2) of the statutes is amended to read:

SB194,8,2 59.73 (2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.

SB194, s. 13 Section 13. 59.74 (2) (b) 1. of the statutes is amended to read: