SB444: Bill Text

SB444, s. 118 Section 118. 443.10 (2) (b) of the statutes is amended to read:

SB444,45,2 443.10 (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).

SB444, s. 119 Section 119. 443.10 (5) of the statutes is amended to read:

SB444,45,9 443.10 (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).

SB444, s. 120 Section 120. 443.12 (title) of the statutes is amended to read:

SB444,45,12 443.12 (title) Disciplinary proceedings against professional land surveyors.

SB444, s. 121 Section 121. 443.12 (1) of the statutes is amended to read:

SB444,45,18 443.12 (1) The 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.

SB444, s. 122 Section 122. 443.12 (3) of the statutes is amended to read:

SB444,45,24 443.12 (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.

SB444, s. 123 Section 123. 443.135 of the statutes is created to read:

SB444,46,5 443.135 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 performing construction or geodetic surveying not in connection with a practice specified in s. 443.01 (6s) (a) to (e).

SB444, s. 124 Section 124. 443.14 (8) (a) of the statutes is amended to read:

SB444,46,10 443.14 (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.

SB444, s. 125 Section 125. 443.14 (8) (b) of the statutes is repealed.

SB444, s. 126 Section 126. 443.14 (8) (c) of the statutes is repealed.

SB444, s. 127 Section 127. 443.14 (8) (d) of the statutes is amended to read:

SB444,46,16 443.14 (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, 2013.

SB444, s. 128 Section 128. 443.14 (9) of the statutes is amended to read:

SB444,46,19 443.14 (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.

SB444, s. 129 Section 129. 443.14 (11) of the statutes is amended to read:

SB444,46,23 443.14 (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.

SB444, s. 130 Section 130. 443.18 (2) (a) of the statutes is amended to read:

SB444,47,11 443.18 (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 safety and professional services, 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".

SB444, s. 131 Section 131. 443.18 (2) (b) of the statutes is amended to read:

SB444,47,21 443.18 (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 safety and professional services, 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.

SB444, s. 132 Section 132. 470.025 (7) of the statutes is amended to read:

SB444,47,25 470.025 (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.

SB444, s. 133 Section 133. 703.02 (6m) of the statutes is amended to read:

SB444,48,5 703.02 (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.

SB444, s. 134 Section 134. 703.02 (13r) of the statutes is created to read:

SB444,48,8 703.02 (13r) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB444, s. 135 Section 135. 703.11 (2) (intro.) of the statutes is amended to read:

SB444,48,13 703.11 (2) Required particulars. (intro.) A condominium plat may consist of one or more sheets, shall be produced on any material capable of clearly legible reproduction or other media that is acceptable to the register of deeds, and shall contain at least the following particulars:

SB444, s. 136 Section 136. 703.11 (2) (b) of the statutes is amended to read:

SB444,48,19 703.11 (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.

SB444, s. 137 Section 137. 703.11 (4) of the statutes is amended to read:

SB444,49,2 703.11 (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.

SB444, s. 138 Section 138. 703.115 (1) (b) of the statutes is amended to read:

SB444,49,7 703.115 (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.

SB444, s. 139 Section 139. 703.13 (6) (e) of the statutes is amended to read:

SB444,49,13 703.13 (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.

SB444, s. 140 Section 140. 703.13 (7) (c) of the statutes is amended to read:

SB444,49,20 703.13 (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.

SB444, s. 141 Section 141. 703.13 (8) (c) of the statutes is amended to read:

SB444,50,2 703.13 (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.

SB444, s. 142 Section 142. 707.215 (2) (intro.) of the statutes is amended to read:

SB444,50,7 707.215 (2) Required contents. (intro.) A plat filed for recording under sub. (1) may consist of one or more sheets, shall be produced on any material capable of clearly legible reproduction or other media that is acceptable to the register of deeds, and shall contain at least all of the following:

SB444, s. 143 Section 143. 707.215 (3) of the statutes is amended to read:

SB444,50,15 707.215 (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 on all other sides on durable white media that is 14 inches in length and 22 inches in width, or on any material capable of clearly legible reproduction or 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.

SB444, s. 144 Section 144. 707.215 (5) (intro.) of the statutes is amended to read:

SB444,50,20 707.215 (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:

SB444, s. 145 Section 145. 709.02 (1) of the statutes, as affected by 2011 Wisconsin Act 107, is amended to read:

SB444,51,15 709.02 (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.

SB444, s. 146 Section 146. 709.07 of the statutes, as affected by 2011 Wisconsin Act 107, is amended to read:

SB444,51,23 709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 or 709.33 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.

SB444, s. 147 Section 147. 710.09 of the statutes is created to read:

SB444,52,4 710.09 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.

SB444, s. 148 Section 148. 893.37 of the statutes is amended to read:

SB444,52,10 893.37 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.

SB444, s. 149 Section 149. 2009 Wisconsin Act 376, section 13 (1) is amended to read:

SB444,52,15 [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.

SB444, s. 150 Section 150. Nonstatutory provisions.

SB444,53,4 (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), 2009 stats., or a permit to practice land surveying under section 443.06 (3), 2009 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.

SB444, s. 151 Section 151 . Initial applicability.

SB444,53,6 (1) Professional land surveyors.

SB444,53,8 (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.

SB444,53,10 (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.

SB444,53,12 (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.

SB444,53,14 (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.

SB444,53,17 (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 443.01 (7m) of the statutes, as created by this act, on the effective date of this paragraph.

SB444,53,19 (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.

SB444,53,21 (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.

SB444,53,25 (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.

SB444,54,2 (i) 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 paragraph.

SB444,54,4 (j) The treatment of section 703.02 (6m) of the statutes first applies to correction instruments drafted on the effective date of this paragraph.

SB444,54,6 (k) The treatment of section 703.11 (4) of the statutes first applies to condominium plats certified on the effective date of this paragraph.

SB444,54,9 (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.

SB444,54,11 (m) The treatment of section 707.215 (5) (intro.) of the statutes first applies to certifications made on the effective date of this paragraph.

SB444,54,13 (n) 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.

SB444,54,15 (o) The treatment of section 893.37 of the statutes first applies to acts or omissions occurring on the effective date of this paragraph.

SB444,54,16 (2) Plats and certified survey maps.

SB444,54,22 (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.

SB444,54,25 (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.

SB444,55,3 (c) The treatment of section 236.20 (1) (a), (2) (g) and (k), (3) (b), (4) (b), (5) (c), and (6) of the statutes first applies to final plats, and to certified survey maps if applicable, that are submitted for approval on the effective date of this paragraph.

SB444,55,6 (d) The treatment of sections 236.21 (1) (b) and 236.25 (2) (c) and (d) of the statutes first applies to final plats that are offered for record on the effective date of this paragraph.

SB444,55,9 (e) The treatment of section 236.34 (1) (d) 2. and (2) (b) 1. of the statutes first applies to certified survey maps that are offered for record on the effective date of this paragraph.

SB444,55,11 (f) The treatment of section 236.34 (1) (e) of the statutes first applies to certified survey maps that are submitted for approval on the effective date of this paragraph.

SB444,55,12 (3) Recording media.