October 2005

CHURCH’S COMMENTS

NEWLY APPOINTED IDFPR LICENING BOARD MEMBERS

Congratulations to IPLSA members, Donald Bullard, PLS 2574, Little Egyptian Chapter and Joseph D. Stutz, PLS 2187, Heart of Illinois Chapter for their recent appointment to the Illinois Department of Financial and Professional Regulation by Governor Rod Blagojevich.

IDFPR DRAFTS TOPO STANDARDS

Because of the amendment to the PLS Act requiring the determination of the configuration or contours of any of the earth’s surface, subsurface or airspace be performed by a professional land surveyor, the IDFPR Land Surveyors Licensing Board is drafting standards for Topo surveys.  They hope to have the standards approved by the end of the year.

PROPOSED CHANGES TO ALTA/ACSM MINIMUM STANDARD DETIAL REQUIREMENTS FOR LAND TITLE SURVEYS

Check out the proposed changes to the ALTA/ACSM Minimum Standard Detail Requirements for Land Title Surveys here. Note: Since posting this Church's Comments the final version has been decided on and will become effective January 1, 2006. A link to the final version with changes (PDF file) is here. Webmaster Edit 11/12/05.
 

ILLINOIS NSPS TRIG-STAR WINNER PLACES SECOND IN NATIONAL CONTEST

Ms. Fan Huang a senior at Urbana High School placed second in the 2005 National Society of Professional Surveyors (NSPS) National Trig-Star examination.  The Trig-Star Committee met on July 16 and determined the top three high school students from the national examination submitted by the state winners.  This year thirty-five winners were determined from thirty-three states and two districts.  The awards will be presented in a special ceremony at the NSPS Board of Governors meeting during the American Congress on Surveying and Mapping (ACSM) annual conference in Orlando, Florida, April 22 – 26, 2006.

The Richard E. Lomax National Trig-Star Scholarships are awarded as follows:

·       First Place ($2,000) Juwon Lee, Class of 2006, Ann Arbor Huron High School, Ann Arbor,  MI. Sponsor: Midwest Consulting, LLC

·       Second Place ($1,000) Fan Huang, Class of 2006, Urbana High School, Urbana, IL. Sponsor: East Central Chapter of Illinois Professional Land Surveyors Association (IPLSA)

·       Third Place ($500) William Young, Class of 2005, Hobart High School, Hobart, IN. Sponsor: Northeast Chapter of the Indiana Society of Professional Land Surveyors

The Richard E. Lomax National Teaching Excellence Awards are awarded as follows:

·       First Place ($1,000) Anthony Lauer, Ann Arbor Huron High School, Ann Arbor, MI.

·       Second Place ($500) Louis Beuschlein, Urbana High School, Urbana, IL.

·       Third Place ($250) Mrs. Rogers, Hobart High School, Hobart, IN.

LINCOLN SURVEYOR MAQUETTE PRESENTED TO THE U. S. LIBRARY OF CONGRESS

IPLSA Executive Director Bob Church presented a signed and numbered Lincoln Surveyor Maquette to the U.S. Library of Congress in the name of Dr. John Hebert, Chief of the Geography and Map Division of the Library for his efforts in putting together the exhibit.  The presentation took place during the opening ceremonies of the “Maps in Our Lives” exhibition.  The exhibition is in recognition of a thirty-year partnership between the Library’s Geographic and Map Division and the American Congress on Surveying and Mapping (ACSM).

The exhibition explores four constituent professions represented by ACSM; surveying, cartography, geodesy, and geographic information systems (GIS) and draws on both the Library’s historic map collections and the ACSM collection in the Library of Congress.

The surveying section of the exhibition features maps illustrating the historical evolution in surveying with maps of George Washington’s farm executed between 1760 and 1999.

The exhibit is in the Foyer of the Geography and Map Division in the lower level of the Library of Congress, 101 Independence Avenue SE, Washington, D. C. and will be open through January 2007.

BABER SURVEYING INSTRUMENTS DONATED TO IPLSA MUSEUM OF SURVEYING

The Illinois Professional Land Surveyors Association (IPLSA) Museum of Surveying has received a donation of antique surveying equipment.  The items were donated by the Nancy Baber McNeill Living Trust, California.  Mrs. McNeill was the daughter of Adin Baber of Kansas, Illinois who was the author of A. Lincoln With Compass and Chain, which is the only book that explains Lincoln’s surveying career as Deputy Surveyor of Sangamon, County, Illinois.  Mr. Baber passed away in 1974. His daughter Mrs. McNeill passed away in February 2005.

The donated equipment includes: a vernier transit compass, manufactured by William J. Young (1800–1870) of Philadelphia, PA; a four-vane compass, manufactured by Aloe-Hernstein & Co. (1860–1940) of St. Louis, MO; a 18: wye level; manufacture unknown a surveyors cross transit, manufactured by A. S. Aloe Co. (1800–1940) of St. Louis, MO; a 33’, 2 pole Gunter’s chain (1830’s and a set of 11 – 18” marking pins (1830).  IPLSA appreciates the donation and we invite members and friends to visit the museum whenever they are in Central Illinois.

IPLSA PRESENTS SESSION AT ILLINOIS COUNTY CLERKS AND RECORDERS CONFERENCE

Ron Lamb, PLS, Director of the IPLSA Public Relations Committee and Bob Church presented a session at the recent Illinois County Clerks and Recorders Fall Conference at the Crowne Plaza in Springfield.  Lamb presented the Minimum Standards of Practice for PLSs along with a Subdivision Plat Checklist, Subdivision Plat Requirements, Land Survey Record Monument Requirements and the Qualification Based Selection Law in Illinois.  Church presented a power point presentation on “Early Surveying in Illinois and the Rectangular System”.

NEW PUBLICATION AND PUBLIC RELATION PIECE AVAILABLE

The IPLSA Public Information, Marketing and Publications Committee recently approved two new publications to enhance its goals.  The brochure How to Secure the Services of a Professional Land Surveyor and  Right-of-Entry Notification door hangers were distributed to delegates at the September 10^th IPLSA Official Board of Directions meeting. The delegates were asked to show the publications at their respective chapter meetings and take orders.  IPLSA is taking orders

IPLSA OFFERS HELP TO HURRICANE KATRINA SURVEYORS

At the IPLSA Official Board of Directions meeting, held September 10^th, the board voted to send the 3% dues increased membership for 2006 to the NSPS Foundation to help professional land surveyors in Alabama, Louisiana, and Mississippi.  Another way to help is to contact visit our page here.

IPLSA PAC NEEDS YOUR HELP

The IPLSA Political Action Committee fund needs your help.  The 2006 IPLSA membership dues notice will not include a request for a donation to the IPLSA Political Action Committee (PAC).  We have always made sure that PAC contributions and disbursements are kept separate from dues income and disbursements.  The IPLSA PAC officers have decided that in order to simplify our accounting procedures a separate IPLSA PAC funds request will be sent out.  We want to thank all who have contributed to the IPLSA PAC and we hope that you will continue to do so. 

PROPOSED LEGISLATION

The IPLSA Official Board of Directions discussed the following items that need to be considered for introduction into the Illinois General Assembly:

• Certificate of Merit Law – The significance of the Certificate of Merit law would require a plaintiff to consult with a third-party design professional to review the facts of the claim prior to filing suit against another design professional.  Based on that consultation, the plaintiff attorney is required to file an affidavit with the court, signed by the third-party design professional, to the effect that based on review of the allegations, the third –party design professional believes there is a reasonable basis for commencement of the lawsuit.  Observers believe that if this legislation were to pass it would go a long way to help reduce frivolous claims against design professionals.  No longer would a plaintiff’s attorney “shotgun” the design professional into a lawsuit and get them into contributing to a settlement.  Plaintiffs are likely to think twice before naming the design professional unless they have first consulted with a third-party design professional to support the merits of their claim.  More than 10 states already have this in their respective law.
• Review of Survey Documents by Counties, Cities and Villages – The problem of reviewing surveying documents by un-licensed professionals is becoming more of a problem and needs to be addressed.
• GIS Freedom of Information – Existing Illinois law.  5 ILCS 140/1.1 Freedom of Information Act.  See 5 ILCS 140/7 Exemptions (1). The following shall be exempt from inspection and copying: (i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for “computer geographic systems” provided in paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate regarding the health, safety, welfare, or legal rights of the general public.

EDITORS NOTE: This past spring, State Representative Barbara Flynn Currie, D-Chicago, sent a letter to Illinois Attorney General Lisa Madigan asking for an opinion on whether a public body may charge a fee in excess of that authorized by Section 6 of the Freedom of Information Act (the Act) (5 ILCS 140/6 for providing copies of public records contained in or generated by a geographic information system, where access to such records may properly be denied pursuant to Subsection 7(1)( i ). 

Attorney General Madigan responded in a letter dated April 15, 2005. “For the following reasons, it is my opinion that absent express statutory authority, public bodies may not charge additional or increased fees if they elect to furnish copies of records that may be exempted from disclosure under Section 7 of the Act (5 ILCS 140/7), including information generated by or containing in a geographic information system.

Many units of local governments have created or acquired geographic information systems to maintain enhanced geographical information for the provision of government services. 

Nothing in of the Act either expressly or impliedly addresses the amount of fee that a public body may charge to allow access to information in computer geographic systems.  Moreover, nothing in the legislative history related to the 2001 or 2002 amendments to Subsection 7(1)( i ) indicates an intent by the General Assembly to grant to public bodies the authority to collect a fee in access of that otherwise provided for in the Act.

Accordingly, is my opinion that although Subsection 7(1)( i ) of the Act permits a public body to withhold access to records contained in or generated by a geography information system in the limited circumstances where disclosure is likely to produce a private gain or a public loss, if a public body determines that it is appropriate to provide access to such information, the public body may not charge a fee for reproducing the information in excess of the fee authorized by Section 6 of the Act.  In other words, a public body may not charge or collect a fee in excess of that calculated to reimburse the body for its actual reproduction and certification costs for providing access to information contained in a computer geographic system. Absent express statutory authority so providing.”

                                                                Signed: Lisa Madigan, Illinois Attorney General

NEW LAWS EFFECTING PLSs

Public Act 094-0290 was signed into law by Governor Rod Blagojevich and is known as 745 ILCS 49/72, The Good Samaritan Act is amended by adding Section 72. Professional engineers, architects, professional land surveyors, and structural engineers; exemption from civil liability for professional services in response to disasters or catastrophic events. Any professional engineer, architect, professional land surveyor, or structural engineer; who in good faith, without fee, provides professional services in response to a disaster or other catastrophic event shall not be liable for civil damages as a result of his or her acts or omissions in providing the professional services, except for willful and wanton misconduct.  This immunity applies to services that arte provided during or within 60 days following the end of a disaster or catastrophic event.

Public Act 093-1007 was signed into law by Governor Rod Blagojevich and is known as 65 ILCS 5/7-3-6.2, Split Lots. The new Act states – Notwithstanding any other provision of this Code, the owner or owners of record of a split residential lot may disconnect a portion of the lot which (i) is a residentially zoned and platted lot currently lying partially within the corporate limits of and governed by 2 or more municipalities or lying within the unincorporated area of a county and also within the corporate limits of or one  more municipalities, and contains less than 20 acres; (ii) is located on the border of the municipality; (iii) if disconnected, will not result in the isolation of any part of municipality from the reminder of the municipality. The owner or owners seeking disconnect a portion of a split lot from a municipality must petition the court in a manner provided in Section 7-3-6 of this Code.

In determining whether a lot shall be disconnected under this Section, the court may consider the following: (i) if disconnected, the growth prospects and planning and zoning ordinances, if any, of the municipality will not be unreasonably disrupted; (ii) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection, and fire protection; and (iii) if disconnected, the municipality will not be unduly harmed through loss of tax revenue in the future.

Any area of land, or any part thereof, disconnected under the provisions of that Section from a municipality which was incorporated at least 2 years prior to the date of the filing of the petition for disconnection shall not be subdivided into lots or blocks within one year from the date of disconnection.  A plat of any such proposed subdivision shall not be accepted for recording within such one-year period, unless the land comprising such proposed subdivision shall have been thereafter annexed into the municipality.

2006 IPLSA 49^th ANNUAL CONFERENCE IS COMING

The IPLSA Heart of Illinois Chapter is busy putting together the 2006 IPLSA 49^th Annual Conference, which will be held February 15-18, 2006 at the Crowne Plaza Hotel in Springfield. 

2007 ACSM/NSPS JOINT CONFERENCE WITH IPLSA AND MSPS

IPLSA is working with the American Congress on Surveying and Mapping and the Missouri Society of Surveyors to host the spring 2007 ACSM/NSPS Convention in St. Louis, Missouri, March 8-12, 2007.  This is a unique opportunity for IPLSA members and their families to meet their fellow practitioners from all over the US and other countries.  Attendees will see and hear from nationally known presenters from throughout the country and witness the latest in surveying equipment and technology.  Watch for special incentives and special travel opportunities to make this a really fun event.