As Amended by House Commettee
         

          Session of 1998
                   
HOUSE BILL No. 2222
         
By Committee on Governmental Organization and Elections
         
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          10             AN ACT concerning land surveys and land surveyors; relating to quali-
11             fications and duties of surveyors; amending K.S.A. 58-2003, 58-2005,
12             58-2011 and 74-7022 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 58-2003 is hereby amended to read as follows:
16       58-2003. When any section corner, quarter section corner or section cen-
17       ter is set or reset by a surveyor and when any such corner is located by a
18       surveyor in the course of carrying out a public survey, there shall be
19       recorded with the county register of deeds, in the manner provided by
20       K.S.A. 58-2011, and amendments thereto, reference measurements from
21       permanent, visible objects to the location of the point as set, reset or
22       located. These reference objects shall be described clearly: Provided,
23       That. In lieu of reference measurements from visible objects such ref-
24       erence measurements may be made from triangulation stations estab-
25       lished by the United States coast and geodetic survey maintained by the
26       national ocean service/national geodetic survey or by utilizing the state
27       plane coordinate system prescribed by K.S.A. 58-20a01 et seq., and
28       amendments thereto.
29           Sec. 2. K.S.A. 58-2005 is hereby amended to read as follows: 58-
30       2005. Before a subdivision plat or plat of survey can may be recorded, it
31       shall be reviewed by the county surveyor or. In the absence of the county
32       surveyor, the county engineer, if not a licensed land surveyor, shall be
33       responsible for the enforcement of this act, and shall certify that such
34       plat meets all the requirements of this act: Provided, however, That in
35       the event that any such plat is required to be submitted to any planning
36       commission for review and approval or disapproval that such review and
37       approval duly certified upon the face of said plat shall constitute full
38       compliance with the review required in this section contract with a land
39       surveyor who shall review such subdivision plat or plat of survey and
40       certify the same if in compliance with the requirements of this act.
41           Sec. 3. K.S.A. 58-2011 is hereby amended to read as follows: 58-
42       2011. (a) Whenever a survey originates from a United States public land
43       survey corner or any related accessory, the land surveyor shall file a copy

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  1       of the report of the completed survey and references to the corner or
  2       accessory with the secretary of the state historical society and with the
  3       county surveyor for the county or counties in which the survey corner
  4       exists. If there is no county surveyor of such county, such report shall be
  5       filed with the county engineer. If there is no county engineer, such report
  6       shall be filed in the office of the county road department. Reports filed
  7       with the secretary of the state historical society may be filed and retrieved
  8       using electronic technologies if authorized by the secretary. Such report
  9       shall be filed within 30 days of the date the references are made. At the
10       time of filing such report with the secretary of the state historical society,
11       the land surveyor shall pay a filing fee in an amount fixed by rules and
12       regulations of the secretary of the state historical society. Fees charged
13       for filing and retrieval of such reports may be billed and paid periodically.
14           (b) Any person engaged in an activity in which a United States public
15       land survey corner or any related accessory is likely to be altered, re-
16       moved, damaged or destroyed shall have a person qualified to practice
17       land surveying establish such reference points as necessary for the res-
18       toration, reestablishment or replacement of the corner or accessory. The
19       land surveyor shall file a reference report with the secretary of the state
20       historical society and with the county surveyor for the county or counties
21       in which the survey corner exists. Such report shall be filed within 30
22       days of the date the references are made. At the time of filing such report
23       with the secretary of the state historical society, the land surveyor shall
24       pay a filing fee in an amount fixed by rules and regulations of the secretary
25       of the state historical society.
26           (c) Upon completion of the activity likely to alter, remove, damage
27       or destroy the public land survey corner or related accessory, the land
28       surveyor shall review the survey corner and its accessories. If the survey
29       corner or any accessory has been altered, removed, damaged or de-
30       stroyed, the land surveyor shall replace the corner or accessory with a
31       survey monument and file a restoration report with the secretary of the
32       state historical society and the county surveyor in the county or counties
33       in which it existed. If the survey corner and accessories are not damaged
34       during the activity, a restoration report so stating shall be filed with the
35       secretary of the state historical society and county surveyor's office. Such
36       report shall be filed within 30 days after the activity is completed. At the
37       time of filing such report with the office of the secretary of the state
38       historical society the land surveyor shall pay a filing fee in an amount fixed
39       by rules and regulations of the secretary of the state historical society.
40           (d) Failure to comply with the filing requirements of this section shall
41       be grounds for the suspension or revocation of the land surveyor's license.
42           (e) The secretary of the state historical society may produce, repro-
43       duce and sell maps, plats, reports, studies and records relating to land

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  1       surveys. The secretary of the state historical society shall charge a fee in
  2       an amount to be fixed by rules and regulations of the secretary for the
  3       furnishing of information retrieved from records filed pursuant to this
  4       section and for reproductions or copies of maps, plats, reports, studies
  5       and records filed in such office.
  6           (f) All moneys collected by the secretary of the state historical society
  7       under the provisions of this section shall be paid to the state treasurer on
  8       or before the last day of each month. Upon receipt thereof the state
  9       treasurer shall deposit the entire amount in the state treasury. Twenty
10       percent of each such deposit shall be credited to the state general fund
11       and the balance shall be credited to the land survey fee fund, which is
12       hereby created. All expenditures from such fund shall be made in ac-
13       cordance with appropriation acts upon warrants approved by the secretary
14       of the state historical society or a person designated by the secretary of
15       the state historical society and shall be used only for the purpose of paying
16       the costs incurred in administering the provisions of this act. After the
17       effective date of this act, any reference to the secretary of state in regard
18       to appropriations to the land survey fee fund shall be deemed to refer to
19       the secretary of the state historical society.
20           (g) The failure of any person to have a land surveyor establish ref-
21       erence points as required by subsection (b) shall be a class C misdemeanor.
22           Sec. 4. K.S.A. 74-7022 is hereby amended to read as follows: 74-
23       7022. (a) Minimum qualifications of applicants seeking licensure as land
24       surveyors are the following:
25           (a) (1) Proof of at least eight years of land surveying experience or
26       education or a combination thereof satisfactory to the board, as defined
27       by rules and regulations of the board; and
28           (b) (2) the satisfactory passage of an examination utilized by the
29       board.
30           The provisions of this subsection shall expire January 1, 2010.
31           (b) From and after January 1, 2010, the minimum qualifications of
32       applicants seeking licensure as land surveyors are the following:
33           (1) (A) Graduation from a college or university program that is ad-
34       equate in its preparation of students for the practice of land surveying;
35           (B) proof of at least four years of land surveying experience of a char-
36       acter satisfactory to the board, as defined by rules and regulations of the
37       board; and
38           (C) the satisfactory passage of an examination utilized by the board;
39       or
40           (2) (A) proof of at least ten years of land surveying experience or
41       education or a combination thereof satisfactory to the board, as defined
42       by rules and regulations of the board; and
43           (B) the satisfactory passage of an examination utilized by the board.

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  1           Sec. 5. K.S.A. 58-2003, 58-2005, 58-2011 and 74-7022 are hereby
  2       repealed.
  3           Sec. 6. This act shall take effect and be in force from and after its
  4       publication in the statute book.
  5      
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