Amendment ASA1-AB271

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.

AB271-ASA1,42,19 (14) The treatment of section 703.11 (4) of the statutes first applies to condominium plats certified on the effective date of this subsection.

AB271-ASA1,42,22 (15) 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 subsection.

AB271-ASA1,42,24 (16) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this subsection.

AB271-ASA1,43,2 (17) 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 subsection.

AB271-ASA1,43,5 (18) The treatment of sections 893.37, 895.477, and 943.13 (4m) (d) of the statutes first applies to acts or omissions occurring on the effective date of this subsection.

AB271-ASA1, s. 122 Section 122. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

AB271-ASA1,43,9 (1) The treatment of sections 16.967 (3) (f), 93.70 (1m), and 443.14 (15) of the statutes takes effect on the first day of the 13th month beginning after publication.

AB271-ASA1,43,13 (2) The renumbering and amendment of section 443.14 (16) of the statutes, the amendment of sections 59.43 (8) (d) and 443.135 (2) (a) and (b) of the statutes, and the creation of section 443.14 (16) (form) of the statutes take effect on the first day of the 13th month beginning after publication.

AB271-ASA1,43,15 (3) Section 121 (1 ) and (4) of this act takes effect on the first day of the 13th month beginning after publication.

AB271-ASA1,43,16 (End)