SB44: Bill Text

1997 - 1998 LEGISLATURE

1997 Senate BILL 44

January 29, 1997 - Introduced by Senators Welch, Rude and A. Lasee, cosponsored by Representatives Freese, Seratti, Goetsch, Ainsworth, Powers, Ward, Vrakas and Olsen. Referred to Committee on Economic Development, Housing and Government Operations.

SB44,1,12 An Act to renumber and amend 443.01 (4) and 443.02 (4) (a); to amend 15.405 (2) (intro.), (a) and (b), 30.11 (3), 30.13 (3) (a), 59.20 (2), 59.43 (8), 59.74 (2) (b) 1., 59.74 (2) (h), 60.84 (1), 157.07 (1), 236.15 (2), 236.34 (1) (a), 440.08 (2) (a) 39., chapter 443 (title), 443.01 (3), 443.06 (title), 443.06 (1) (a), 443.06 (1) (b), 443.06 (2) (intro.), 443.06 (2) (a), 443.06 (2) (am), 443.06 (2) (b), 443.06 (2) (bm), 443.06 (2) (c), 443.06 (2) (cm), 443.06 (2) (d), 443.06 (2) (e), 443.06 (2) (em), 443.06 (3), 443.10 (2) (b), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (3), 443.14 (8) (a), 443.14 (8) (b), 443.14 (8) (c), 443.14 (8) (d), 443.14 (9), 443.14 (11), 443.18 (2) (b), 703.11 (2) (b), 703.11 (4), 703.13 (6) (e), 703.13 (7) (c) and 707.215 (5) (intro.); and to create 443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) and (b), 443.01 (6s) (d) 3. and 4., 443.01 (6s) (f) to (h) and 443.01 (7m) of the statutes; relating to: professional land surveyors and the practice of professional land surveying.

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 geologists, 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 that show 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 boundaries or to describe it for conveyance.

5. Designing or coordinating designs for platting or subdividing tracts of land.

6. Applying knowledge or experience about land surveying to 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 prohibits, with certain exceptions, a person from engaging in the practice of professional land surveying or representing that he or she is a professional land surveyor unless the person is issued a certificate of registration or permit by the section. 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 geologists, professional engineers, designers and professional land surveyors.

For further information see the state 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:

SB44, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:

SB44,3,9 15.405 (2) (title) Examining board of architects, landscape architects, professional geologists, professional engineers, designers and professional land surveyors. (intro.) There is created an examining board of architects, landscape architects, professional geologists, 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 to practice architecture, landscape architecture, professional geology, 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 geologists, 3 professional engineers, 3 designers, 3 professional land surveyors and 12 public members.

SB44,3,15 (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a geologist 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.

SB44,3,19 (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration, and all other matters of interest to either the architect, landscape architect, geologist, engineer, designer or professional land surveyor section shall be acted upon solely by the interested section.

SB44, s. 2 Section 2. 30.11 (3) of the statutes is amended to read:

SB44,4,7 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 professional land surveyor registered in this state. 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.

SB44, s. 3 Section 3. 30.13 (3) (a) of the statutes is amended to read:

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.