SB394: Bill Text

SB394,45,8 443.10 (title) Applications, certificates, licenses, rules, and roster.

SB394,119 Section 119. 443.10 (2) (b) of the statutes is amended to read:

SB394,45,13 443.10 (2) (b) The fees for examinations and licenses credentials, as defined in s. 440.01 (2) (a), granted under this chapter are specified in s. 440.05, and the fee for renewal of such licenses credentials is determined by the department under s. 440.03 (9) (a).

SB394,120 Section 120. 443.10 (5) of the statutes is amended to read:

SB394,45,20 443.10 (5) Fees; renewals. The professional land surveyor's surveyor section shall grant a certificate of registration as a license to engage in the practice of professional land surveyor surveying to any applicant who has met the applicable requirements of this chapter. The renewal date for the certificate license is specified under s. 440.08 (2) (a), and the renewal fee for the certificate license is determined by the department under s. 440.03 (9) (a).

SB394,121 Section 121. 443.12 (title) of the statutes is amended to read:

SB394,45,23 443.12 (title) Disciplinary proceedings against professional land surveyors.

SB394,122 Section 122. 443.12 (1) of the statutes is amended to read:

SB394,46,5 443.12 (1) The professional land surveyor section may reprimand a professional land surveyor, or limit, suspend, or revoke the certificate of registration license of any professional land surveyor, for the practice of any fraud or deceit in obtaining the certificate license, or any gross negligence, incompetence, or misconduct in the practice of professional land surveying.

SB394,123 Section 123. 443.12 (2) of the statutes is amended to read:

SB394,46,12 443.12 (2) Charges of fraud, deceit, gross negligence, incompetence, or misconduct may be made against any professional land surveyor by the professional land surveyor section or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under s. 440.03 (1).

SB394,124 Section 124. 443.12 (3) of the statutes is amended to read:

SB394,46,19 443.12 (3) If after a hearing 3 members vote in favor of reprimand or limiting, suspending, or revoking the certificate of registration license of a professional land surveyor, the professional land surveyor section shall notify the surveyor to that effect. The surveyor shall return the certificate license to the examining board immediately on receipt of notice of a revocation. The action of the professional land surveyor section may be reviewed under ch. 227.

SB394,125 Section 125. 443.12 (4) of the statutes is amended to read:

SB394,46,25 443.12 (4) The professional land surveyor section, for reasons it deems sufficient, may reinstate a certificate of registration license to engage in the practice of professional land surveying that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration license that is revoked under s. 440.12.

SB394,126 Section 126. 443.134 of the statutes is created to read:

SB394,47,7 443.134 Exception for photogrammetry. Nothing in this chapter may be construed to prohibit a person who has not been granted a license to engage in the practice of professional land surveying under this chapter from utilizing photogrammetry or remote sensing techniques or performing topographic surveying, construction surveying, or geodetic surveying for purposes other than a boundary establishment or reestablishment specified in s. 443.01 (6s).

SB394,127 Section 127. 443.135 of the statutes is created to read:

SB394,47,12 443.135 Other exceptions. Nothing in this chapter may be construed to prohibit a person who has not been granted a license or permit to engage in the practice of professional land surveying under this chapter from doing any of the following:

SB394,47,15 (1) Performing services related to timber management or sales if any map that is prepared as a part of those services contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts."

SB394,47,18 (2) Preparing a map that depicts temporary trails, easements, or other uses of lands if the map contains the following statement: "This map is not a survey of the actual boundary of any property this map depicts."

SB394,128 Section 128. 443.14 (8) (a) of the statutes is amended to read:

SB394,47,23 443.14 (8) (a) An employee of a professional land surveyor registered in this state or authorized to practice under a permit, while working doing surveying work under the supervision of the employer. Such exempt, if the employee shall is not be in responsible charge of the practice of professional land surveying.

SB394,129 Section 129. 443.14 (8) (b) of the statutes is repealed.

SB394,130 Section 130. 443.14 (8) (c) of the statutes is repealed.

SB394,131 Section 131. 443.14 (8) (d) of the statutes is amended to read:

SB394,48,4 443.14 (8) (d) Employees of public utilities regulated by the public service commission while engaged in the practice of professional land surveying for such utilities. This paragraph does not apply after June 30, 2019.

SB394,132 Section 132. 443.14 (11) of the statutes is amended to read:

SB394,48,8 443.14 (11) Any professional land surveyor registered licensed under s. 443.06 who is engaged in the planning, design, installation, or regulation of land and water conservation activities under ch. 92 or s. 281.65.

SB394,133 Section 133. 443.18 (2) (b) of the statutes is amended to read:

SB394,48,20 443.18 (2) (b) If it appears upon complaint to the examining board by any person, or is known to the land surveyor section of the examining board that any person who is not authorized is practicing or offering does not have a license to engage in the practice of professional land surveying in this state, or who is not exempt from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state, the professional land surveyor section, the examining board, the department, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state to enjoin the person from practicing engaging in or offering to engage in the practice of professional land surveying.

SB394,134 Section 134. 470.025 (7) of the statutes is amended to read:

SB394,48,24 470.025 (7) A professional land surveyor registered licensed under ch. 443 who is engaged in the planning, design, installation, or regulation of land and water conservation activities under ch. 92 or s. 281.65.

SB394,135 Section 135. 703.02 (6m) of the statutes is amended to read:

SB394,49,4 703.02 (6m) "Correction instrument" means an instrument drafted by a licensed professional land surveyor that complies with the requirements of s. 59.43 (2m) and that, upon recording, corrects an error in a condominium plat. "Correction instrument" does not include an instrument of conveyance.

SB394,136 Section 136. 703.02 (13r) of the statutes is created to read:

SB394,49,7 703.02 (13r) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB394,137 Section 137. 703.11 (2) (intro.) of the statutes is amended to read:

SB394,49,11 703.11 (2) Required particulars. (intro.) A condominium plat may consist of one or more sheets, shall be produced on media that is acceptable to the register of deeds, and shall contain at least the following particulars:

SB394,138 Section 138. 703.11 (2) (b) of the statutes is amended to read:

SB394,49,17 703.11 (2) (b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional engineers, designers and professional land surveyors and showing the location of any unit or building located or to be located on the property.

SB394,139 Section 139. 703.11 (4) of the statutes is amended to read:

SB394,49,24 703.11 (4) Surveyor's Professional land surveyor's certificate. A condominium plat is sufficient for the purposes of this chapter if there is attached to or included in it a certificate of a licensed professional land surveyor authorized to practice that profession in this state that the plat is a correct representation of the condominium described and the identification and location of each unit and the common elements can be determined from the plat.

SB394,140 Section 140. 703.115 (1) (b) of the statutes is amended to read:

SB394,50,4 703.115 (1) (b) Provides that a condominium instrument may be rejected only if it fails to comply with the applicable requirements of ss. 703.095, 703.11 (2) (a), (c) and (d) and (3), 703.275 (5) and 703.28 (1m) or if the professional land surveyor's certificate under s. 703.11 (4) is not attached to or included in the condominium plat.

SB394,141 Section 141. 703.13 (6) (e) of the statutes is amended to read:

SB394,50,10 703.13 (6) (e) Plats and plans showing the altered boundaries and the dimensions thereof between adjoining units, and their identifying numbers or letters, shall be prepared. The plats and plans shall be certified as to their accuracy in compliance with this subsection by a civil engineer, architect, or licensed professional land surveyor authorized to practice his or her profession in the state.

SB394,142 Section 142. 703.13 (7) (c) of the statutes is amended to read:

SB394,50,17 703.13 (7) (c) Plats and plans showing the boundaries and dimensions separating the new units together with their other boundaries and their new identifying numbers or letters shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect, or licensed professional land surveyor authorized to practice his or her profession in the state.

SB394,143 Section 143. 703.13 (8) (c) of the statutes is amended to read:

SB394,50,23 703.13 (8) (c) Plats and plans showing the boundaries and dimensions of the new unit together with the new identifying number or letter shall be prepared. The plats and plans shall be certified as to their accuracy and compliance with this subsection by a civil engineer, architect, or licensed professional land surveyor authorized to practice in this state.

SB394,144 Section 144. 707.215 (2) (intro.) of the statutes is amended to read:

SB394,51,3 707.215 (2) Required contents. (intro.) A plat filed for recording under sub. (1) may consist of one or more sheets, shall be produced on media that is acceptable to the register of deeds, and shall contain at least all of the following:

SB394,145 Section 145. 707.215 (3) of the statutes is amended to read:

SB394,51,10 707.215 (3) Form of maps and plans. All survey maps and floor plans submitted for recording shall be legibly prepared with a binding margin of 1.5 inches on the left side and a one-inch margin one inch on all other sides on durable white media that is 14 inches in length and 22 inches in width, or on other media that is acceptable to the register of deeds, with a permanent nonfading black image. The maps and plans shall be drawn to a convenient scale.

SB394,146 Section 146. 707.215 (5) (intro.) of the statutes is amended to read:

SB394,51,15 707.215 (5) Surveyor's Professional land surveyor's certificate. (intro.) A plat is sufficient for the purposes of this chapter if attached to or included in the plat is a certificate of a professional land surveyor licensed to practice in this state under ch. 443, and the certificate provides all of the following:

SB394,147 Section 147. 709.02 (1) of the statutes is amended to read:

SB394,52,9 709.02 (1) In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03 or 709.033, whichever is applicable, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), or structural pest control operator, by an individual who is a qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation, if the information is in writing and is furnished on time and if the entry to which it relates is identified, and except that the owner may substitute for any entry information supplied by a public agency. Information that substitutes for an entry on the report under s. 709.03 or 709.033 and that is supplied by a person specified in this section may be submitted and certified on a supplemental report prepared by the person, as long as the information otherwise satisfies the requirements under this section. A prospective buyer who does not receive a report within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale or option contract by delivering a written notice of recision to the owner or to the owner's agent.

SB394,148 Section 148. 709.07 of the statutes is amended to read:

SB394,52,16 709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 or 709.033 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), structural pest control operator, or qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation.

SB394,149 Section 149. 710.09 of the statutes is created to read:

SB394,52,21 710.09 Navigable stream does not divide parcel. Unless otherwise provided by local ordinance, a navigable stream running through a parcel of land does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides of the stream, is owned by the same owner.

SB394,150 Section 150. 893.37 of the statutes is amended to read:

SB394,53,2 893.37 Survey. No action may be brought against an engineer or any professional land surveyor, as defined in s. 443.01 (7m), to recover damages for negligence, errors, or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors, or omissions more than 6 years after the completion of a survey.

SB394,151 Section 151. 2009 Wisconsin Act 376, section 13 (1) is amended to read:

SB394,53,7 [2009 Wisconsin Act 376] Section 13 (1) The treatment of section 236.13 (1) (b) and (2) (a) of the statutes first applies to preliminary plats or, in cases in which no preliminary plats are submitted, final plats that are submitted for approval on the effective date of this subsection.

SB394,152 Section 152. Nonstatutory provisions.

SB394,53,17 (1) Notwithstanding section 443.02 (4) of the statutes, as affected by this act, on the effective date of this subsection, a person who has been granted a certificate of registration as a land surveyor under section 443.06 (2), 2011 stats., is considered to be granted a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act, and the professional land surveyor section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors shall issue to the person a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act.

SB394,153 Section 153 . Initial applicability.

SB394,53,19 (1) Professional land surveyors.

SB394,53,21 (a) The treatment of section 26.09 (3) (b) 1. of the statutes first applies to surveys recorded on the effective date of this paragraph.

SB394,53,23 (b) The treatment of section 70.27 (5), (6), and (7) (intro.) and (d) of the statutes first applies to assessor's plats made on the effective date of this paragraph.

SB394,53,25 (c) The treatment of section 157.07 (1) of the statutes first applies to lands surveyed and platted on the effective date of this paragraph.

SB394,54,2 (d) The treatment of section 157.07 (2) and (3) of the statutes first applies to cemetery plats and maps created on the effective date of this paragraph.

SB394,54,5 (e) The treatment of section 236.21 (1) (intro.), (a), and (d) of the statutes first applies to plats certified by a professional land surveyor, as defined in section 236.02 (9b) of the statutes, as created by this act, on the effective date of this paragraph.

SB394,54,7 (f) The treatment of section 236.02 (2m) of the statutes first applies to correction instruments that are drafted on the effective date of this paragraph.

SB394,54,9 (g) The treatment of sections 236.15 (2) and 236.34 (1) (a) of the statutes first applies to surveys that are performed on the effective date of this paragraph.

SB394,54,13 (h) The renumbering and amendment of section 236.32 of the statutes and the creation of section 236.32 (2m) of the statutes first apply to the placement, removal, or disturbance of monuments, or the failure to replace monuments, on the effective date of this paragraph.

SB394,54,16 (i) The treatment of section 236.34 (1) (d) (intro.), 1., and 4. of the statutes first applies to certified survey maps offered for record on the effective date of this paragraph.

SB394,54,18 (j) The treatment of section 703.02 (6m) of the statutes first applies to correction instruments drafted on the effective date of this paragraph.

SB394,54,20 (k) The treatment of section 703.11 (4) of the statutes first applies to condominium plats certified on the effective date of this paragraph.

SB394,54,23 (L) The treatment of section 703.13 (6) (e), (7) (c), and (8) (c) of the statutes first applies to condominium plats and plans certified on the effective date of this paragraph.

SB394,54,25 (l) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this paragraph.

SB394,55,2 (m) The treatment of sections 709.02 (1) and 709.07 of the statutes first applies to original reports furnished on the effective date of this paragraph.

SB394,55,4 (n) The treatment of section 893.37 of the statutes first applies to acts or omissions occurring on the effective date of this paragraph.

SB394,55,5 (2) Plats and certified survey maps.

SB394,55,11 (a) The treatment of sections 236.12 (2) (intro.), (a), (ac), and (b), (3), (4), (5), (6), and (8), 236.13 (2m), and 236.20 (1) (b) of the statutes, the renumbering and amendment of section 236.11 (2) of the statutes, and the creation of section 236.11 (2) (b) of the statutes first apply to preliminary plats or, in cases in which no preliminary plats are submitted, to final plats, that are submitted for approval on the effective date of this paragraph.

SB394,55,14 (b) The treatment of sections 236.025, 236.15 (1) (intro.), (a), and (d), and 236.34 (1) (b) of the statutes first applies to surveys performed on the effective date of this paragraph.