As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 582
         
By Committee on Judiciary
         
2-7
         

10             AN  ACT concerning land surveys and land surveyors; amending K.S.A.
11             1999 Supp. 58-2003, 58-2005 and 58-2011 and repealing the existing
12             sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 58-2003 is hereby amended to read as
16       follows: 58-2003. When any section corner, quarter section corner or
17       section center is set or reset by a surveyor and when any such corner is
18       located by a surveyor in the course of carrying out a public survey, there
19       shall be recorded, in the manner provided by K.S.A. 58-2011, and amend-
20       ments thereto, with the county register of deeds and, with the county
21       surveyor for the county or counties in which the survey corner exists
22       or as otherwise provided in this section, reference measurements from
23       permanent, visible objects to the location of the point as set, reset or
24       located. These reference objects shall be described clearly. In lieu of
25       addition to reference measurements from visible objects, such reference
26       measurements may be made from triangulation stations maintained by
27       the national ocean service/national geodetic survey or by utilizing the state
28       plane coordinate system prescribed by K.S.A. 58-20a01 et seq., and
29       amendments thereto. If there is no county surveyor for the county or
30       counties in which the survey corner exists, such report shall be filed
31       with the county engineer, or, if there is no county engineer, such
32       report shall be filed with the office of the county road department.
33             Sec.  2. K.S.A. 1999 Supp. 58-2005 is hereby amended to read as
34       follows: 58-2005. Before a subdivision plat or plat of survey may be re-
35       corded, it shall be reviewed by the county surveyor. In the absence of the
36       county surveyor, the county engineer may contract with a land surveyor
37       who shall review such subdivision plat or plat of survey and certify the
38       same if in compliance with the requirements of this act shall be respon-
39       sible for the enforcement of this act, and shall certify that such plat meets
40       all the requirements of this act. In the event that any such plat is required
41       to be submitted to any planning commission for review and approval or
42       disapproval that such review and approval duly certified upon the face
43       of such plat shall constitute full compliance with the review required in


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  1       this section.
  2             Sec.  3. 2. K.S.A. 1999 Supp. 58-2011 is hereby amended to read as
  3       follows: 58-2011. (a) Whenever a survey originates from a United States
  4       public land survey corner or any related accessory, the land surveyor shall
  5       file a copy of the report of the completed survey and references to the
  6       corner or accessory with the secretary of the state historical society and
  7       with the county surveyor for the county or counties in which the survey
  8       corner exists. If there is no county surveyor of such county, such report
  9       shall be filed with the county engineer. If there is no county engineer,
10       such report shall be filed in the office of the county road department.
11       Reports filed with the secretary of the state historical society may be filed
12       and retrieved using electronic technologies if authorized by the secretary.
13       Such report shall be filed within 30 days of the date the references are
14       made survey is completed. At the time of filing such report with the
15       secretary of the state historical society, the land surveyor shall pay a filing
16       fee in an amount fixed by rules and regulations of the secretary of the
17       state historical society. Fees charged for filing and retrieval of such reports
18       may be billed and paid periodically.
19             (b) Any person engaged in an activity in which a United States public
20       land survey corner or any related accessory is likely to be altered, re-
21       moved, damaged or destroyed shall have a person qualified to practice
22       land surveying establish such reference points as necessary for the res-
23       toration, reestablishment or replacement of the corner or accessory. The
24       land surveyor shall file a reference report with the secretary of the state
25       historical society and with the county surveyor for the county or counties
26       in which the survey corner exists. If there is no county surveyor for
27       the county or counties in which the survey corner exists, such report
28       shall be filed with the county engineer, or, if there is no county
29       engineer, such report shall be filed with the office of the county
30       road department. Such report shall be filed within 30 days of the date
31       the references are made survey is completed. At the time of filing such
32       report with the secretary of the state historical society, the land surveyor
33       shall pay a filing fee in an amount fixed by rules and regulations of the
34       secretary of the state historical society.
35             (c) Upon completion of the activity likely to alter, remove, damage
36       or destroy the public land survey corner or related accessory, the land
37       surveyor shall review the survey corner and its accessories. If the survey
38       corner or any accessory has been altered, removed, damaged or de-
39       stroyed, the land surveyor shall replace the corner or accessory with a
40       survey monument and file a restoration report with the secretary of the
41       state historical society and the county surveyor in the county or counties
42       in which it existed. If the survey corner and accessories are not damaged
43       during the activity, a restoration report so stating shall be filed with the


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  1       secretary of the state historical society and county surveyor's office. Such
  2       report shall be filed within 30 days after the activity is completed. At the
  3       time of filing such report with the office of the secretary of the state
  4       historical society the land surveyor shall pay a filing fee in an amount fixed
  5       by rules and regulations of the secretary of the state historical society.
  6             (d) Failure to comply with the filing requirements of this section shall
  7       be grounds for the suspension or revocation of the land surveyor's license.
  8             (e) The secretary of the state historical society may produce, repro-
  9       duce and sell maps, plats, reports, studies and records relating to land
10       surveys. The secretary of the state historical society shall charge a fee in
11       an amount to be fixed by rules and regulations of the secretary for the
12       furnishing of information retrieved from records filed pursuant to this
13       section and for reproductions or copies of maps, plats, reports, studies
14       and records filed in such office.
15             (f) All moneys collected by the secretary of the state historical society
16       under the provisions of this section shall be paid to the state treasurer on
17       or before the last day of each month. Upon receipt thereof the state
18       treasurer shall deposit the entire amount in the state treasury. Twenty
19       percent of each such deposit shall be credited to the state general fund
20       and the balance shall be credited to the land survey fee fund, which is
21       hereby created. All expenditures from such fund shall be made in ac-
22       cordance with appropriation acts upon warrants approved by the secretary
23       of the state historical society or a person designated by the secretary of
24       the state historical society and shall be used only for the purpose of paying
25       the costs incurred in administering the provisions of this act. After the
26       effective date of this act, any reference to the secretary of state in regard
27       to appropriations to the land survey fee fund shall be deemed to refer to
28       the secretary of the state historical society.
29             (g) The failure of any person to have a land surveyor establish ref-
30       erence points as required by subsection (b) shall be a class C
31       misdemeanor. 
32       Sec.  4. 3. K.S.A. 1999 Supp. 58-2003, 58-2005 and 58-2011 are
33       hereby repealed.
34        Sec.  5. 4. This act shall take effect and be in force from and after its
35       publication in the statute book.