An  Act concerning land surveys and land surveyors; amending K.S.A. 58-2003, 58-2005

and 58-2011 and repealing the existing sections; also repealing K.S.A. 19-1401.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 58-2003 is hereby amended to read as follows: 58-
2003. When any section corner, quarter section corner or section center
is set or reset by a surveyor and when any such corner is located by a
surveyor in the course of carrying out a public survey, there shall be
recorded with the county register of deeds, in the manner provided by
K.S.A. 58-2011, and amendments thereto, reference measurements from
permanent, visible objects to the location of the point as set, reset or
located. These reference objects shall be described clearly: Provided,
That. In lieu of reference measurements from visible objects, such ref-
erence measurements may be made from triangulation stations estab-
lished by the United States coast and geodetic survey maintained by the
national ocean service/national geodetic survey or by utilizing the state
plane coordinate system prescribed by K.S.A. 58-20a01 et seq., and
amendments thereto.

      Sec.  2. K.S.A. 58-2005 is hereby amended to read as follows: 58-
2005. Before a subdivision plat or plat of survey can may be recorded, it
shall be reviewed by the county surveyor or. In the absence of the county
surveyor, the county engineer shall be responsible for the enforcement
of this act, and shall certify that such plat meets all the requirements of
this act: Provided, however, That in the event that any such plat is re-
quired to be submitted to any planning commission for review and ap-
proval or disapproval that such review and approval duly certified upon
the face of said plat shall constitute full compliance with the review re-
quired in this section may contract with a land surveyor who shall review
such subdivision plat or plat of survey and certify the same if in compli-
ance with the requirements of this act.

      Sec.  3. K.S.A. 58-2011 is hereby amended to read as follows: 58-
2011. (a) Whenever a survey originates from a United States public land
survey corner or any related accessory, the land surveyor shall file a copy
of the report of the completed survey and references to the corner or
accessory with the secretary of the state historical society and with the
county surveyor for the county or counties in which the survey corner
exists. If there is no county surveyor of such county, such report shall be
filed with the county engineer. If there is no county engineer, such report
shall be filed in the office of the county road department. Reports filed
with the secretary of the state historical society may be filed and retrieved
using electronic technologies if authorized by the secretary. Such report
shall be filed within 30 days of the date the references are made. At the
time of filing such report with the secretary of the state historical society,
the land surveyor shall pay a filing fee in an amount fixed by rules and
regulations of the secretary of the state historical society. Fees charged
for filing and retrieval of such reports may be billed and paid periodically.

      (b) Any person engaged in an activity in which a United States public
land survey corner or any related accessory is likely to be altered, re-
moved, damaged or destroyed shall have a person qualified to practice
land surveying establish such reference points as necessary for the res-
toration, reestablishment or replacement of the corner or accessory. The
land surveyor shall file a reference report with the secretary of the state
historical society and with the county surveyor for the county or counties
in which the survey corner exists. Such report shall be filed within 30
days of the date the references are made. At the time of filing such report
with the secretary of the state historical society, the land surveyor shall
pay a filing fee in an amount fixed by rules and regulations of the secretary
of the state historical society.

      (c) Upon completion of the activity likely to alter, remove, damage
or destroy the public land survey corner or related accessory, the land
surveyor shall review the survey corner and its accessories. If the survey
corner or any accessory has been altered, removed, damaged or de-
stroyed, the land surveyor shall replace the corner or accessory with a
survey monument and file a restoration report with the secretary of the
state historical society and the county surveyor in the county or counties
in which it existed. If the survey corner and accessories are not damaged
during the activity, a restoration report so stating shall be filed with the
secretary of the state historical society and county surveyor's office. Such
report shall be filed within 30 days after the activity is completed. At the
time of filing such report with the office of the secretary of the state
historical society the land surveyor shall pay a filing fee in an amount fixed
by rules and regulations of the secretary of the state historical society.

      (d) Failure to comply with the filing requirements of this section shall
be grounds for the suspension or revocation of the land surveyor's license.

      (e) The secretary of the state historical society may produce, repro-
duce and sell maps, plats, reports, studies and records relating to land
surveys. The secretary of the state historical society shall charge a fee in
an amount to be fixed by rules and regulations of the secretary for the
furnishing of information retrieved from records filed pursuant to this
section and for reproductions or copies of maps, plats, reports, studies
and records filed in such office.

      (f) All moneys collected by the secretary of the state historical society
under the provisions of this section shall be paid to the state treasurer on
or before the last day of each month. Upon receipt thereof the state
treasurer shall deposit the entire amount in the state treasury. Twenty
percent of each such deposit shall be credited to the state general fund
and the balance shall be credited to the land survey fee fund, which is
hereby created. All expenditures from such fund shall be made in ac-
cordance with appropriation acts upon warrants approved by the secretary
of the state historical society or a person designated by the secretary of
the state historical society and shall be used only for the purpose of paying
the costs incurred in administering the provisions of this act. After the
effective date of this act, any reference to the secretary of state in regard
to appropriations to the land survey fee fund shall be deemed to refer to
the secretary of the state historical society.

      (g) The failure of any person to have a land surveyor establish ref-
erence points as required by subsection (b) shall be a class C misdemeanor.
 
Sec.  4. K.S.A. 19-1401, 58-2003, 58-2005 and 58-2011 are hereby
repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

Passed the SENATE ______________________________

APPROVED ______________________________