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Task Force on NCEES Model Law Task Force on NCEES Model Law for Surveying Little Rock, Arkansas March 20, 2000 Jim Plasker Task Force Facilitator Report.

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Presentation on theme: "Task Force on NCEES Model Law Task Force on NCEES Model Law for Surveying Little Rock, Arkansas March 20, 2000 Jim Plasker Task Force Facilitator Report."— Presentation transcript:

1 Task Force on NCEES Model Law Task Force on NCEES Model Law for Surveying Little Rock, Arkansas March 20, 2000 Jim Plasker Task Force Facilitator Report and Slides:

2 Task Force on NCEES Model Law Todays Outline History/Background Who Has Been Involved Review Initial Report Outcomes Current Status

3 Task Force on NCEES Model Law Task Force History NCEES Modifies Model Law to Include Photogrammetry and GIS/LIS Concerns Raised/Letters Written by ASPRS, MAPPS, ASCE. Discussion at Winter NCEES/POLC Meeting Five Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE) Task Force Begins to Address Photogrammetric Issues First Task Force Report to NCEES

4 Task Force on NCEES Model Law Task Force History NCEES Modifies Model Law to Include Savings Clause (Grandfather Language) per Task Force Recommendation NCEES Modifies Model Law to Address Issues Related to Reciprocity/Comity and Ease of Mobility Three GIS Organization Invited to Participate in Extension of Task Force to Address GIS/LIS Issues (URISA, NSGIC, UCGIS) Task Force Addresses GIS/LIS Issues

5 Task Force on NCEES Model Law 1995 NCEES Model Law: (4)Practice of Land Surveying The term "Practice of Land Surveying" within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of land surveying includes, but is not limited to, any one or more of the following:

6 Task Force on NCEES Model Law 1995 NCEES Model Law: 1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (a) Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying.

7 Task Force on NCEES Model Law 1995 NCEES Model Law: 1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (b) Makes any survey for the subdivision of any tract of land. (c) Determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces any such monument or reference point.

8 Task Force on NCEES Model Law 1995 NCEES Model Law: 1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

9 Task Force on NCEES Model Law 1995 NCEES Model Law: 1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (e) Geodetic surveying which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry.

10 Task Force on NCEES Model Law 1995 NCEES Model Law: 1995 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (f) Creates, prepares, or modifies electronic or computerized data, including land formation (sic) systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (e).

11 Task Force on NCEES Model Law Original Task Force Members American Congress on Surveying and Mapping (ACSM) American Society of Civil Engineers - Geomatics Division (ASCE) American Society for Photogrammetry and Remote Sensing (ASPRS) Management Association for Private Photogrammetric Surveyors (MAPPS) National Society of Professional Surveyors (NSPS)

12 Task Force on NCEES Model Law Original Task Force Representatives

13 Task Force on NCEES Model Law Original Issues Grandfathering Reciprocity/Comity Examinations Identity of the Profession

14 Task Force on NCEES Model Law Original Issues (cont.) Exclusion of Practice Education requirements Continuing Education/Professional Development

15 Task Force on NCEES Model Law Recommendations - Recommendations - Grandfathering Adopt Uniform Guidelines Accomplished During 1998 Annual Meeting

16 Task Force on NCEES Model Law Recommendations - Recommendations - Reciprocity/Comity Recognize Generic Professional Practice, Especially in the Non-Boundary Arena Simplify mobility Responsive to NAFTA Goals

17 Task Force on NCEES Model Law Recommendations - Recommendations - Examinations NCEES Exam Inclusive of All Covered Disciplines Three Part Examination –1. Fundamentals of Measurement Science –2. Principles and Practice (Discipline-based) –3. Legal and Boundary Practice (Jurisdiction-specific)

18 Task Force on NCEES Model Law Recommendations - Recommendations - Examinations (cont.) Principles and Practice Exam Provide Wide Choice of Discipline-specific Items Easy Transfer of Exam Credit Among Jurisdictions NCEES Utilize ASPRS Exam Resources

19 Task Force on NCEES Model Law Recommendations - Recommendations - Identity of the Profession Retitle Model Law Use Generic Language Reserve Term Professional Land Surveyor

20 Task Force on NCEES Model Law Recommendations - Recommendations - Exclusion of Practice Promulgate Guidelines Recognize Areas of Low Regulatory Interest

21 Task Force on NCEES Model Law Regulatory Interest Levels

22 Task Force on NCEES Model Law Regulatory Interest Levels (cont.)

23 Task Force on NCEES Model Law Regulatory Interest Levels (cont.)

24 Task Force on NCEES Model Law Recommendations - Recommendations - Education Requirements Four Year Degree ABET Accredited Program Preferred

25 Task Force on NCEES Model Law Recommendations - Recommendations - Continuing Education Standardize Criteria Streamline Recording of Credits –CEUs –PDUs

26 Task Force on NCEES Model Law 1999 NCEES Model Law: (4) Practice of Surveying or Land Surveying - The term Practice of Surveying or Land Surveying, within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:

27 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (a) Determining the configuration or contour of the earths surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry. [Same as 1995 (d)]

28 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (b) Performing geodetic surveying, which includes surveying for determination of the size and shape of the earth utilizing angular and linear measurements through spatially oriented spherical geometry [Same as 1995 (e)]

29 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (c) Determining, by the use of principles of surveying, the position for any survey control (non-boundary) monument or reference point; or setting, resetting, or replacing any such monument or reference point. [New section parallels old Section (c) without boundary reference]

30 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (c). [New section parallels old Section (f)]

31 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (e) Locating, relocating, establishing, reestablishing, laying out, or retracing any property line or boundary of any tract of land or any road, right of way, easement, alignment, or elevation of any of the fixed works embraced within the practice of land surveying. [Same as 1995 (a)]

32 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (f) Making any survey for the subdivision of any tract of land. [Same as 1995 (b)] (g) Determining, by the use of principles of land surveying, the position for any survey monument or reference point; or seting, resetting, or replacing any such monument or reference point. [Same as 1995 (c)]

33 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: Practice of Land Surveying includes… any one or more of the following: (h) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (e) through (g). [Same as 1995 (f)]

34 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: SECTION 14. EXAMINATIONS (d) The board may prepare and adopt specifications for the written examinations in engineering and surveying or land surveying. They shall be published in brochure form and be available to any person interested in being licensed as a professional engineer or as a professional surveyor or land surveyor. The board may elect to waive any additional written examination requirements for the performance of the activities described in Section 2 (b)(5)(a) through (d) to facilitate mobility between jurisdictions

35 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: SECTION 19. DISCIPLINARY ACTION REVOCATION, SUSPENSION, REFUSAL TO ISSUE, RESTORE OR RENEW, PROBATION, FINE, REPRIMAND (a) The board shall have the power to suspend, revoke, place on probation, fine and/or reprimand, or to refuse to issue, restore or renew a certificate of licensure, to any professional engineer, professional surveyor, or professional land surveyor who is found guilty of:

36 Task Force on NCEES Model Law 1999 NCEES Model Law: 1999 NCEES Model Law: (14) Providing engineering, surveying, or land surveying services outside any of the licensees areas of competence. Licensees must demonstrate by education or experience that they are competent to practice in their field.

37 Task Force on NCEES Model Law GIS Community Issues Breadth of Preamble Paragraph Licensing: Practice v. Use of Tools Regulatory Interest: High v. Low

38 Task Force on NCEES Model Law Additional Task Force Members Urban and Regional Information Systems Association (URISA) National States Geographic Information Council (NSGIC) University Consortium for Geographic Information Science (UCGIS) [Invited]

39 Task Force on NCEES Model Law Additional Task Force Participants NSPS - Lee Hennes (G) Replaced Al Matherly URISA - Bruce Joffe (P) NSGIC - Linda Wayne (A/G) and Gene Trobia (G) UCGIS - TBD

40 Task Force on NCEES Model Law 1999 NCEES Model Law: GIS Community Concerns (4) Practice of Surveying or Land Surveying - The term Practice of Surveying or Land Surveying, within the intent of this Act shall mean providing professional services such as consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. The practice of surveying or land surveying includes, but is not limited to, any one or more of the following:

41 Task Force on NCEES Model Law 1999 NCEES Model Law: Current Task Force Draft Proposal (4) The term Practice of Surveying or Land Surveying within the intent of this Act shall mean providing, or offering to provide, professional services involving both (1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of: the earth, improvements on the earth, the space above the earth, or any part of the earth; and (2) utilization and/or development of these facts into survey graphics, data sets, and/or descriptive products such as maps, plans, reports, descriptions, or projects. Professional services include acts of consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any one or more of the following:

42 Task Force on NCEES Model Law 1999 NCEES Model Law: GIS Community Concerns (d) Creating, preparing, or modifying electronic or computerized data, including land information systems, and geographic information systems, relative to the performance of the activities in the above described items (a) through (c).

43 Task Force on NCEES Model Law 1999 NCEES Model Law: Current Task Force Draft Proposal (d) Creating, preparing, or modifying electronic or computerized data relative to the performance of the activities in the above described items (a) through (c).

44 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions Water and air navigation charts Common road maps prepared for use as guides to motorists or pedestrians Maps prepared for publication in a gazetteer or atlas as an educational tool or reference publication

45 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions Maps prepared for or by educational institutions for use in the curriculum of any course of study, provided the map contains a statement for educational purposes or similar wording Maps produced by any broadcast or print media firm as an illustrative guide to the geographic location of any event. Maps prepared by lay persons for conversational or illustrative purposes. This includes advertising material and users guides

46 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions The direct transcription of existing geo-referenced data, without spatial modification, into GIS/LIS systems by manual or electronic means The direct transcription of public record data, without spatial or legal modification, into a cadastre (tax maps and associated records) and the maintenance of that cadastre by either manual or electronic means, including tax maps and zoning maps

47 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions The preparation of any document by any Federal Government agency that does not define real property boundaries. This includes civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other such documents

48 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions All maps and databases created by or for any firm, in either hardcopy or electronic form, of physical features, facilities or infrastructure that are wholly contained within properties to which they have rights. The distribution of these maps and/or data bases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, source date and disclaimers of use clearly indicating that the data is not intended to be used for a purpose covered under Section A.

49 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Exclusions Maps and data bases depicting the distribution of natural resources prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to prepare such maps All maps and geo-referenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute. This includes geo-referenced data generated by law enforcement agencies involving crime statistics and criminal activities

50 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Inclusions Maps and geo-referenced databases defining legal boundaries, the location of man-made objects, or topography by either terrestrial surveying methods, photogrammetric or GPS locations. [The] original data acquisition and/or resolution of conflicts between multiple authoritative data sources [within the] Framework geographic themes: Geodetic Control, Orthoimagery, Elevation, Transportation, Cadastral Information

51 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Inclusions The use of GIS to develop or provide information directly related to real property: - GIS based cadastral mapping used for regulatory, subdivision, or conveyance purposes wherein land title or development rights are, or may be, affected. - Input of cadastral data into a GIS requiring interpretation of maps, deeds, or other land title documents. - Resolution of conflicting data elements within cadastral documents of record for input to a GIS.

52 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Inclusions The use of GIS to develop or provide information directly related to real property: - Certification of positional accuracy of mapped or measured cadastral data within a GIS. - Adjustment, transformation, or modification of existing cadastral data to fit, without gap or overlap, within a GIS.

53 Task Force on NCEES Model Law Exclusion of Practice Guidelines Current Draft Proposal - Inclusions The use of GIS to develop or provide information directly related to real property: - Measurement, adjustment, and interpretation of raw property survey data for input to a GIS. - Field acquisition of geodetic control and/or tying cadastral data to geodetic control for input to a GIS.

54 Task Force on NCEES Model Law Final Thoughts All Members of the Task Force are Seeking Comment and Input to the Process All Recommendations of the Task Force Have Been Made Through a Consensus Process Your Comments to: All Comments Will be Shared with the Task Force

55 Task Force on NCEES Model Law Task Force on NCEES Model Law for Surveying Little Rock, Arkansas March 20, 2000 Report and Slides: Follow External Affairs Link to NCEES Material


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