Amendment ASA1-AB271

AB271-ASA1,31,23 443.12 (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 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 section may be reviewed under ch. 227.

AB271-ASA1, s. 89 Section 89. 443.135 of the statutes is created to read:

AB271-ASA1,32,4 443.135 Cartographic, construction, and geodetic surveying; preparation of maps. Nothing in this chapter shall 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:

AB271-ASA1,32,6 (1) Performing cartographic, construction, or geodetic surveying not in connection with a practice specified in s. 443.01 (6s) (a) 1. to 5.

AB271-ASA1,32,7 (2) Preparing any of the following:

AB271-ASA1,32,13 (a) A map, other than a map described in s. 443.01 (6s) (a) 5., used in connection with the exercise of police powers by the state or a local governmental unit, or in connection with a regulatory program established by the state or a local governmental unit, or in connection with the enforcement of the public trust doctrine or any other constitutional authority by the state or a local governmental unit. In this paragraph, "local governmental unit" has the meaning given in s. 16.97 (7).

AB271-ASA1,32,16 (b) A map showing the boundaries or the shape and area of one or more tracts of land, or of one or more interests in real property identified in s. 443.01 (6s) (a) 1., that are subject to an order under s. 77.82 (8) or under s. 77.02 (3) or (4).

AB271-ASA1,32,18 (c) A map having a purpose other than those specified in s. 443.01 (6s) (a) 4. or 5.

AB271-ASA1, s. 90 Section 90. 443.135 (2) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB271-ASA1,33,3 443.135 (2) (a) A map, other than a map described in s. 443.01 (6s) (a) 5., used in connection with the exercise of police powers by the state or a local governmental unit, or in connection with a regulatory program established by the state or a local governmental unit, or in connection with the enforcement of the public trust doctrine or any other constitutional authority by the state or a local governmental unit, except that a map prepared in connection with the program under s. 93.70 must include the disclaimer and statements under s. 93.70 (1m). In this paragraph, "local governmental unit" has the meaning given in s. 16.97 (7).

AB271-ASA1, s. 91 Section 91. 443.135 (2) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB271-ASA1,33,10 443.135 (2) (b) A map showing the boundaries or the shape and area of one or more tracts of land, or of one or more interests in real property identified in s. 443.01 (6s) (a) 1., that are subject to an order under s. 77.82 (8) or under s. 77.02 (3) or (4), if the map includes a disclaimer substantially similar to the disclaimer under s. 16.967 (3) (f).

AB271-ASA1, s. 92 Section 92. 443.14 (8) (a) of the statutes is amended to read:

AB271-ASA1,33,15 443.14 (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 employee shall not be in responsible charge of the practice of professional land surveying.

AB271-ASA1, s. 93 Section 93. 443.14 (8) (b) of the statutes is amended to read:

AB271-ASA1,33,18 443.14 (8) (b) Officers and employees of the federal government while engaged in the practice of professional land surveying for the federal government.

AB271-ASA1, s. 94 Section 94. 443.14 (8) (c) of the statutes is amended to read:

AB271-ASA1,33,22 443.14 (8) (c) Employees of this state while engaged in the practice of professional land surveying for the state. This paragraph does not apply after July 1, 2018.

AB271-ASA1, s. 95 Section 95. 443.14 (8) (d) of the statutes is amended to read:

AB271-ASA1,34,3 443.14 (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 July 1, 2018.

AB271-ASA1, s. 96 Section 96. 443.14 (8) (dm) of the statutes is created to read:

AB271-ASA1,34,8 443.14 (8) (dm) Employees of a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, while the employees are engaged in the practice of professional land surveying for the cooperative association. This paragraph does not apply after July 1, 2018.

AB271-ASA1, s. 97 Section 97. 443.14 (9) of the statutes is amended to read:

AB271-ASA1,34,11 443.14 (9) A license or permit shall not be required for an owner to survey his or her own land for purposes other than for sale.

AB271-ASA1, s. 98 Section 98. 443.14 (11) of the statutes is amended to read:

AB271-ASA1,34,15 443.14 (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.

AB271-ASA1, s. 99 Section 99. 443.14 (15) of the statutes is created to read:

AB271-ASA1,34,20 443.14 (15) An employee of the department of agriculture, trade and consumer protection who is engaged in determining the boundaries of an easement to be acquired by that department under the conservation reserve enhancement program under s. 93.70 and who complies with the requirements under s. 93.70 (1m).

AB271-ASA1, s. 100 Section 100. 443.14 (16) of the statutes is created to read:

AB271-ASA1,35,2 443.14 (16) An employee of an agency, as defined in s. 13.172 (1), or a local governmental unit, as defined in s. 16.97 (7), who, while acting within the scope of his or her employment, creates a map that depicts the boundary of one or more tracts of land, or of one or more interests in real property, using a land information system, as defined in s. 16.967 (1) (c), or a geographic information system.

AB271-ASA1, s. 101 Section 101. 443.14 (16) of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 443.14 (16) (intro.) and amended to read:

AB271-ASA1,35,10 443.14 (16) (intro.) An employee of an agency, as defined in s. 13.172 (1), or a local governmental unit, as defined in s. 16.97 (7), who, while acting within the scope of his or her employment, creates a map that depicts the boundary of one or more tracts of land, or of one or more interests in real property, using a land information system, as defined in s. 16.967 (1) (c), or a geographic information system., if the employee includes on the map the following or a substantially similar disclaimer:

AB271-ASA1, s. 102 Section 102. 443.14 (16) (form) of the statutes is created to read:

AB271-ASA1,35,15 443.14 (16) (form) "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. 103 Section 103. 443.18 (2) (a) of the statutes is amended to read:

AB271-ASA1,36,2 443.18 (2) (a) If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture or professional engineering in this state, or is using the title "landscape architect" in this state, the examining board or the attorney general, the department of regulation and licensing, 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 this the state against any such person to enjoin the person from practicing or offering to practice architecture or professional engineering or from using the title "landscape architect".

AB271-ASA1, s. 104 Section 104. 443.18 (2) (b) of the statutes is amended to read:

AB271-ASA1,36,12 443.18 (2) (b) If it appears upon complaint to the examining board by any person, or is known to the section examining board that any person who is not authorized neither licensed nor permitted nor exempt under this chapter is practicing engaged in or offering to engage in the practice of professional land surveying in this state, the section examining board, the department of regulation and licensing, 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.

AB271-ASA1, s. 105 Section 105. 470.025 (7) of the statutes is amended to read:

AB271-ASA1,36,16 470.025 (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.

AB271-ASA1, s. 106 Section 106. 703.02 (6m) of the statutes is amended to read:

AB271-ASA1,36,21 703.02 (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.

AB271-ASA1, s. 107 Section 107. 703.02 (13r) of the statutes is created to read:

AB271-ASA1,36,24 703.02 (13r) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

AB271-ASA1, s. 108 Section 108. 703.11 (2) (b) of the statutes is amended to read:

AB271-ASA1,37,5 703.11 (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.

AB271-ASA1, s. 109 Section 109. 703.11 (4) of the statutes is amended to read:

AB271-ASA1,37,12 703.11 (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.

AB271-ASA1, s. 110 Section 110. 703.115 (1) (b) of the statutes is amended to read:

AB271-ASA1,37,17 703.115 (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.

AB271-ASA1, s. 111 Section 111. 703.13 (6) (e) of the statutes is amended to read:

AB271-ASA1,37,23 703.13 (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.

AB271-ASA1, s. 112 Section 112. 703.13 (7) (c) of the statutes is amended to read:

AB271-ASA1,38,6 703.13 (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.

AB271-ASA1, s. 113 Section 113. 703.13 (8) (c) of the statutes is amended to read:

AB271-ASA1,38,12 703.13 (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.

AB271-ASA1, s. 114 Section 114. 707.215 (5) (intro.) of the statutes is amended to read:

AB271-ASA1,38,17 707.215 (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:

AB271-ASA1, s. 115 Section 115. 709.02 (1) of the statutes is amended to read:

AB271-ASA1,39,11 709.02 (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, 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, or by an individual who is a qualified 3rd party, as defined in s. 452.23 (2) (b), 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, as defined in s. 66.0825 (3) (h). Information that substitutes for an entry on the report under s. 709.03 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.

AB271-ASA1, s. 116 Section 116. 709.07 of the statutes is amended to read:

AB271-ASA1,39,19 709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 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, as defined in s. 66.0825 (3) (h), or by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), structural pest control operator, or qualified 3rd party, as defined in s. 452.23 (2) (b), or by a contractor about matters within the scope of the contractor's occupation.

AB271-ASA1, s. 117 Section 117. 893.37 of the statutes is amended to read:

AB271-ASA1,39,25 893.37 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.

AB271-ASA1, s. 118 Section 118. 895.477 of the statutes is created to read:

AB271-ASA1,40,3 895.477 Civil liability exemption; professional land surveyors. (1) In this section, "professional land surveyor" has the meaning given in s. 443.01 (7m).

AB271-ASA1,40,6 (2) Any professional land surveyor and any employee of a professional land surveyor who is working under the direct supervision of that professional land surveyor is immune from civil liability for all of the following:

AB271-ASA1,40,8 (a) Trespass occurring during the practice of professional land surveying, as defined in s. 443.01 (6s), if the surveyor or employee acted in good faith.

AB271-ASA1,40,12 (b) Any damages caused as a result of the surveyor's approximation of an ordinary high water mark of any lake or stream or his or her approximation of high and low water elevations of any lake or stream if the surveyor was acting under ch. 236 and if the surveyor acted in good faith.

AB271-ASA1,40,15 (3) (a) The immunity under sub. (2) does not extend to any professional land surveyor or employee of the professional land surveyor whose actions involve reckless, wanton, or intentional misconduct.

AB271-ASA1,40,17 (b) The immunity under sub. (2) (a) does not extend to any actual damage done to land or property resulting from the trespass.

AB271-ASA1, s. 119 Section 119. 943.13 (4m) (d) of the statutes is created to read:

AB271-ASA1,40,21 943.13 (4m) (d) A professional land surveyor, as defined in s. 443.01 (7m), or an employee of the professional land surveyor working under the direct supervision of the professional land surveyor who qualifies for immunity under s. 895.477.

AB271-ASA1, s. 120 Section 120. Nonstatutory provisions.

AB271-ASA1,41,10 (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), 2007 stats., or a permit to practice land surveying under section 443.06 (3), 2007 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, or a permit to engage in the practice of professional land surveying under section 443.06 (3) 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, as appropriate, a license to engage in the practice of professional land surveying under section 443.06 (2) of the statutes, as affected by this act, or a permit to engage in the practice of professional land surveying under section 443.06 (3) of the statutes, as affected by this act.

AB271-ASA1, s. 121 Section 121 . Initial applicability.

AB271-ASA1,41,13 (1) The treatment of section 16.967 (3) (f) of the statutes first applies to maps created on the effective date of this subsection.

AB271-ASA1,41,15 (2) The treatment of section 26.09 (3) (b) 1. of the statutes first applies to surveys recorded on the effective date of this subsection.

AB271-ASA1,41,17 (3) 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 subsection.

AB271-ASA1,41,19 (4) The treatment of section 93.70 (1m) of the statutes first applies to maps prepared on the effective date of this subsection.

AB271-ASA1,41,21 (5) The treatment of section 157.07 (1) of the statutes first applies to lands surveyed and platted on the effective date of this subsection.

AB271-ASA1,41,23 (6) 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 subsection.

AB271-ASA1,42,2 (7) The treatment of sections 236.12 (8) and 236.21 (1) (intro.), (a), and (d) of the statutes first applies to plats certified by a professional land surveyor, as defined in section 443.01 (7m) of the statutes, as created by this act, on the effective date of this subsection.

AB271-ASA1,42,4 (8) The treatment of section 236.02 (2m) of the statutes first applies to correction instruments that are drafted on the effective date of this subsection.

AB271-ASA1,42,6 (9) 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 subsection.

AB271-ASA1,42,9 (10) The treatment of section 236.20 (6) of the statutes first applies to final plats, and to certified survey maps, that are submitted for approval on the effective date of this subsection.

AB271-ASA1,42,13 (11) The treatment of section 236.32 (1) of the statutes first applies to the placement of monuments by a professional land surveyor, as defined under section 443.01 (7m) of the statutes, as created by this act, on the effective date of this subsection.

AB271-ASA1,42,15 (12) The treatment of section 236.34 (1) (d) (intro.), 1., and 4. of the statutes first applies to certified survey maps recorded on the effective date of this subsection.

AB271-ASA1,42,17 (13) The treatment of section 703.02 (6m) of the statutes first applies to correction instruments drafted on the effective date of this subsection.