BILL NUMBER: AB 1342 CHAPTERED 10/10/99 CHAPTER 608 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 5, 1999 PASSED THE ASSEMBLY SEPTEMBER 1, 1999 PASSED THE SENATE AUGUST 30, 1999 AMENDED IN SENATE AUGUST 17, 1999 AMENDED IN SENATE JUNE 30, 1999 AMENDED IN SENATE JUNE 8, 1999 AMENDED IN ASSEMBLY MAY 6, 1999 AMENDED IN ASSEMBLY APRIL 15, 1999 INTRODUCED BY Assembly Member Granlund FEBRUARY 26, 1999 An act to amend Sections 8761, 8765, 8773.1, and 8773.4 of the Business and Professions Code, and to amend Section 1092 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGEST AB 1342, Granlund. Real property. (1) Existing provisions of the Professional Land Surveyors' Act require every map, plat, report, description, or other document issued by a licensed land surveyor or registered civil engineer to comply with certain record of survey requirements, as specified, whenever the map, plat, report, description, or any other document is filed as a public record. This bill would, instead, require every map or plat issued by a licensed land surveyor or registered civil engineer to show the bearing and length of lines, scale of map and north arrow, the name and legal designation of the property depicted, and the date or time period of the preparation of the map or plat. A violation of the act is a misdemeanor. In revising the elements of an existing crime, the bill would impose a state-mandated local program. (2) Existing provisions of the Professional Land Surveyors' Act specify when a record of survey is not required. This bill would also provide that a record of survey is not required when a survey is made of a mobilehome park interior lot, with certain exceptions. (3) Existing law requires the Board for Professional Engineers and Land Surveyors, by regulation, to provide and prescribe information necessary to be included in the corner record. This bill would require the corner record to be a single 8.5 by 11 inch sheet which may consist of a front and back page. It would also exempt from certain record of survey and corner record requirements a survey of a mobilehome park interior lot, with certain exceptions. (4) That form provides that if the land has a descriptive name it may be described in the deed by that name. This bill would make technical changes in the form. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8761 of the Business and Professions Code is amended to read: 8761. Any licensed land surveyor or registered civil engineer may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith. All maps, plats, reports, descriptions, or other documents issued by the licensed land surveyor or registered civil engineer shall be signed by the surveyor or engineer to indicate the surveyor's or engineer's responsibility for them. In addition to the signature, the map, plat, report, description, or other document shall bear the seal or stamp of the licensee or registrant and the expiration date of the license or registration. If the map, plat, report, description, or other document has multiple pages or sheets, the signature, seal or stamp, and expiration date of the license or registration need only appear on the originals of the map or plat and on the title sheet of the report, description, or other document. Every map or plat issued by a licensed land surveyor or registered civil engineer shall show the bearing and length of lines, scale of map and north arrow, the name and legal designation of the property depicted, and the date or time period of the preparation of the map or plat. It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other document unless the person is authorized to practice land surveying. SEC. 1.5. Section 8765 of the Business and Professions Code is amended to read: 8765. A record of survey is not required of any survey: (a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder's statement, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection. (b) Made by the United States Bureau of Land Management. (c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act. (d) When the survey is a retracement of lines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be of a different character than indicated by prior records. For purposes of this subdivision, a "material discrepancy" is limited to a material discrepancy in the position of points or lines, or in dimensions. (e) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code. SEC. 2. Section 8773.1 of the Business and Professions Code is amended to read: 8773.1. The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which the corner record shall be submitted and filed, and the time limits within which the form shall be filed. A corner record shall be a single 8.5 by 11 inch sheet which may consist of a front and back page. SEC. 3. Section 8773.4 of the Business and Professions Code is amended to read: 8773.4. (a) No corner record shall be filed unless the same is signed by a licensed land surveyor or registered civil engineer and stamped with his or her seal, or in the case of an agency of the United States government or the State of California the certificate may be signed by the chief of the survey party making the survey, setting forth his or her official title. (b) No corner record need be filed when: (1) A corner record is on file and the corner is found as described in the existing corner record. (2) All conditions of Section 8773 are complied with by proper notations on a record of survey map filed in compliance with the Land Surveyor's Act or a parcel or subdivision map, in compliance with the Subdivision Map Act. (3) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code. This section shall not apply to maps filed prior to the effective date of this section. SEC. 4. Section 1092 of the Civil Code is amended to read: 1092. A grant of an estate in real property may be made in substance as follows: "I, AB, grant to CD all that real property situated in (insert name of county) County, State of California, bounded (or described) as follows: (here insert property description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as for instance, "The Norris Ranch.') Witness my hand this (insert day) day of (insert month), 20__. AB" SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.