SB44: Bill Text

SB44,4,16 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 professional land surveyor 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.

SB44, s. 4 Section 4. 59.20 (2) of the statutes is amended to read:

SB44,5,12 59.20 (2) County officers; terms. A county clerk, treasurer, sheriff, coroner, clerk of circuit court, register of deeds and surveyor, who shall be a registered professional land surveyor, shall be elected in each county for full terms at the general election held in each even-numbered year. The regular term of office of each such officer shall commence on the first Monday of January next succeeding his or her election and shall continue 2 years and until his or her successor qualifies. In lieu of electing a surveyor in any county, 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. In any county containing one town only, the county board may, by resolution, designate any county office a part-time position, combine 2 or more county offices, and, if concurred in by the town board, combine the offices of county clerk and town clerk and any other county and town offices, provided that the offices combined are not incompatible and the combination is not expressly forbidden by law. If the town board so concurs, the election may be for the combined office and no separate election for the town office shall be held until after the county board has by resolution decided to abandon the combination and the town board has concurred by resolution. In counties having a population of 500,000 or more, no county coroner or county surveyor may be elected. In any county in which a medical examiner system is instituted, no coroner may be elected.

SB44, s. 5 Section 5. 59.43 (8) of the statutes is amended to read:

SB44,5,21 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.

SB44, s. 6 Section 6. 59.74 (2) (b) 1. of the statutes is amended to read:

SB44,6,14 59.74 (2) (b) 1. Whenever it becomes necessary to destroy, remove or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this subsection, the person including employes of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey or corner post and the reason for removing or covering it. In this paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the clerk. In a county with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice the clerk shall appoint a registered professional land surveyor to perform the duties of a county surveyor under subd. 2.

SB44, s. 7 Section 7. 59.74 (2) (h) of the statutes is amended to read:

SB44,7,5 59.74 (2) (h) Any registered professional land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this subsection with respect to preservation and perpetuation of landmarks, witness monuments and corner posts upon and along state trunk, county trunk and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under par. (b) 2., a land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

SB44, s. 8 Section 8. 60.84 (1) of the statutes is amended to read:

SB44,7,10 60.84 (1) Survey, contract for. The town board may contract with the county surveyor or any registered professional land surveyor to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.

SB44, s. 9 Section 9. 157.07 (1) of the statutes is amended to read:

SB44,7,18 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a professional land surveyor registered in this state those portions of the lands that are from time to time required for burial, into cemetery lots, drives and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

SB44, s. 10 Section 10. 236.15 (2) of the statutes is amended to read:

SB44,7,23 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.

SB44, s. 11 Section 11. 236.34 (1) (a) of the statutes is amended to read:

SB44,8,3 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

SB44, s. 12 Section 12. 440.08 (2) (a) 39. of the statutes is amended to read:

SB44,8,6 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year; $73.

SB44, s. 13 Section 13. Chapter 443 (title) of the statutes is amended to read:

SB44,8,13 CHAPTER 443 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL GEOLOGISTS, PROFESSIONAL ENGINEERS, DESIGNERS AND professional LAND SURVEYORS

SB44, s. 14 Section 14. 443.01 (1g) of the statutes is created to read:

SB44,8,18 443.01 (1g) "Cartographic surveying" means collecting topographic, hydographic, aerial, anthropologic, forensic, architectural or mining data that depicts areas and physical features on, below or above the surface of the earth and compiling maps.

SB44, s. 15 Section 15. 443.01 (1r) of the statutes is created to read:

SB44,8,23 443.01 (1r) "Construction surveying" means surveying or mapping in support of infrastructure design, improvements related to private and public boundary lines, construction layout or historic preservation, and establishing any post-construction documentation related to such surveying or mapping.

SB44, s. 16 Section 16. 443.01 (3) of the statutes is amended to read:

SB44,9,3 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional geologists, professional engineers, designers and professional land surveyors.

SB44, s. 17 Section 17. 443.01 (3b) of the statutes is created to read:

SB44,9,6 443.01 (3b) "Geodetic surveying" means surveying to determine the size and shape of the earth or the precise positions of points on the surface of the earth.

SB44, s. 18 Section 18. 443.01 (4) of the statutes is renumbered 443.01 (6s) (intro.) and amended to read:

SB44,9,10 443.01 (6s) (intro.) "Land Practice of professional land surveying" means any service comprising the determination of the location of the following:

SB44,9,12 (c) Establishing, restoring or perpetuating private or public land boundaries and land boundary corners; the preparation of.

SB44,9,13 (d) Preparing maps showing the that depict any of the following:

SB44,9,16 1. The shape and area of tracts of land and their subdivisions into smaller tracts; the preparation of maps showing the or the subdivision or consolidation of tracts of land.

SB44,9,18 2. The layout and rights-of way of roads, or streets and rights-of-way of same to give access to smaller tracts; and the preparation of.

SB44,9,19 (e) Preparing assessors' or official plats, or maps, of land in this state.

SB44, s. 19 Section 19. 443.01 (6s) (a) and (b) of the statutes are created to read:

SB44,9,22 443.01 (6s) (a) Measuring and analyzing a tract of land to determine its boundaries or to describe the tract for the purpose of conveyance.

SB44,9,24 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB44, s. 20 Section 20. 443.01 (6s) (d) 3. and 4. of the statutes are created to read:

SB44,10,1 443.01 (6s) (d) 3. Air, water or property rights.

SB44,10,2 4. Public or private easements.

SB44, s. 21 Section 21. 443.01 (6s) (f) to (h) of the statutes are created to read:

SB44,10,6 443.01 (6s) (f) Applying knowledge or experience about land surveying to the development, use or management of geographic or land information systems that collect, organize or disseminate data regarding land ownership or land resources.

SB44,10,8 (g) Performing cartographic, construction or geodetic surveying in connection with any of the practices specified in pars. (a) to (f).

SB44,10,10 (h) Providing consultation services related to any of the practices specified in this subsection.

SB44, s. 22 Section 22. 443.01 (7m) of the statutes is created to read:

SB44,10,16 443.01 (7m) "Professional land surveyor" means a person who, by reason of his or her knowledge of law, mathematics, physical sciences and measurement techniques, acquired by education and practical experience, is issued a certificate of registration or granted a permit to engage in the practice of professional land surveying under this chapter.

SB44, s. 23 Section 23. 443.02 (4) (a) of the statutes is renumbered 443.02 (4) and amended to read:

SB44,10,23 443.02 (4) No person may engage or offer to engage in the practice of professional land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a professional land surveyor unless the person has been issued a certificate of registration or granted a permit to practice under this chapter.

SB44, s. 24 Section 24. 443.06 (title) of the statutes is amended to read:

SB44,11,2 443.06 (title) Registration requirements for professional land surveyors.

SB44, s. 25 Section 25. 443.06 (1) (a) of the statutes is amended to read:

SB44,11,12 443.06 (1) (a) Application for registration as a professional land surveyor or a permit to practice shall be made to the section under oath, on forms prescribed by the examining board and provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall be entitled to be registered or issued a permit to practice as professional land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB44, s. 26 Section 26. 443.06 (1) (b) of the statutes is amended to read:

SB44,11,20 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in land surveying approved by the professional land surveyor section, or responsible charge of land surveying teaching may be considered as equivalent to one year of qualifying experience in land surveying work, and each year, but not more than 4 years completed in a curriculum other than land surveying approved by the land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB44, s. 27 Section 27. 443.06 (2) (intro.) of the statutes is amended to read:

SB44,11,25 443.06 (2) Requirements; certificate of registration. (intro.) The section may grant a certificate of registration as a professional land surveyor to any person who has submitted to it an application, the required fees and one or more of the following:

SB44, s. 28 Section 28. 443.06 (2) (a) of the statutes is amended to read:

SB44,12,9 443.06 (2) (a) A record of completion of a course in land surveying of not less than 2 years' duration approved by the professional land surveyor section together with 2 years of practice in land surveying work of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section before July 1, 2000.

SB44, s. 29 Section 29. 443.06 (2) (am) of the statutes is amended to read:

SB44,12,20 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in land surveying or a related field that has a duration of not less than 4 years and is approved by the land surveyor section, and that he or she has engaged in at least 2 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB44, s. 30 Section 30. 443.06 (2) (b) of the statutes is amended to read:

SB44,13,3 443.06 (2) (b) A record of 6 years of practice in land surveying of satisfactory character, which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section before July 1, 2000.

SB44, s. 31 Section 31. 443.06 (2) (bm) of the statutes is amended to read:

SB44,13,14 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in land surveying or a related field that has a duration of not less than 2 years and is approved by the land surveyor section, and that he or she has engaged in at least 4 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB44, s. 32 Section 32. 443.06 (2) (c) of the statutes is amended to read:

SB44,13,22 443.06 (2) (c) A record of 20 years of practice in land surveying of satisfactory character, which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant is not less than 45 years of age and has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section before January 1, 1995.

SB44, s. 33 Section 33. 443.06 (2) (cm) of the statutes is amended to read:

SB44,14,6 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in at least 10 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB44, s. 34 Section 34. 443.06 (2) (d) of the statutes is amended to read:

SB44,14,13 443.06 (2) (d) An unexpired certificate of registration as a land surveyor or professional land surveyor issued to the applicant by the proper authority in any state or territory or possession of the United States or in any other country whose requirements meet or exceed the requirement for registration in this subsection, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section.

SB44, s. 35 Section 35. 443.06 (2) (e) of the statutes is amended to read:

SB44,14,22 443.06 (2) (e) A record of satisfactory completion of an apprenticeship training course in land surveying prescribed by the department of industry, labor and job development, of satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section before July 1, 2000.

SB44, s. 36 Section 36. 443.06 (2) (em) of the statutes is amended to read:

SB44,15,9 443.06 (2) (em) Evidence satisfactory to the professional land surveyor section that he or she has completed an apprenticeship training course in land surveying prescribed by the department of industry, labor and job development, and has engaged in a period of additional land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying and that, when added to the period of the apprenticeship, totals at least 8 years of land surveying practice, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates that are submitted to the land surveyor section after June 30, 2000.

SB44, s. 37 Section 37. 443.06 (3) of the statutes is amended to read:

SB44,15,17 443.06 (3) Permit to practice. The examining board may grant a permit to engage in the practice of professional land surveying during the time an application is pending to a person who is not registered in this state, if the person has submitted an application for registration as a professional land surveyor and paid the required fee and holds an unexpired certificate which in the opinion of the examining board meets the requirements of sub. (2). The permit shall be revocable by the section at its pleasure.

SB44, s. 38 Section 38. 443.10 (2) (b) of the statutes is amended to read:

SB44,15,21 443.10 (2) (b) The fees for examinations and licenses or certificates of registration granted or renewed under this chapter are specified in ss. 440.05 and 440.08.

SB44, s. 39 Section 39. 443.10 (5) of the statutes is amended to read:

SB44,16,2 443.10 (5) Fees; renewals. The professional land surveyor's surveyor section shall grant a certificate of registration as a professional land surveyor to any applicant who has met the applicable requirements of this chapter. The renewal date and renewal fee for the certificate are specified under s. 440.08 (2) (a).

SB44, s. 40 Section 40. 443.12 (title) of the statutes is amended to read:

SB44,16,5 443.12 (title) Disciplinary proceedings against professional land surveyors.

SB44, s. 41 Section 41. 443.12 (1) of the statutes is amended to read:

SB44,16,10 443.12 (1) The section may reprimand or limit, suspend or revoke the certificate of registration of any professional land surveyor for the practice of any fraud or deceit in obtaining the certificate, or any gross negligence, incompetence or misconduct in the practice of professional land surveying.

SB44, s. 42 Section 42. 443.12 (3) of the statutes is amended to read:

SB44,16,16 443.12 (3) If after a hearing 3 members vote in favor of reprimand or limiting, suspending or revoking the certificate of registration of a professional land surveyor, the section shall notify the surveyor to that effect. The surveyor shall return the certificate to the examining board immediately on receipt of notice of a revocation. The action of the section may be reviewed under ch. 227.

SB44, s. 43 Section 43. 443.14 (8) (a) of the statutes is amended to read: