task force on ncees model law task force on ncees model law for surveying little rock, arkansas...
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Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying
Little Rock, Arkansas
March 20, 2000
Jim PlaskerTask Force Facilitator
Report and Slides: www.asprs.org
Task Force on NCEES Model Law
Today’s OutlineToday’s Outline
History/Background
Who Has Been Involved
Review Initial Report Outcomes
Current Status
Task Force on NCEES Model Law
Task Force HistoryTask Force History
1995 - NCEES Modifies Model Law to Include Photogrammetry and GIS/LIS
1996 - Concerns Raised/Letters Written by ASPRS, MAPPS, ASCE. Discussion at Winter NCEES/POLC Meeting
1997 - Five Organization Summit Meeting (ACSM, NSPS, MAPPS, ASPRS, ASCE)
1997 - Task Force Begins to Address Photogrammetric Issues
1998 - First Task Force Report to NCEES
Task Force on NCEES Model Law
Task Force HistoryTask Force History
1998 - NCEES Modifies Model Law to Include Savings Clause (Grandfather Language) per Task Force Recommendation
1999 - NCEES Modifies Model Law to Address Issues Related to Reciprocity/Comity and Ease of Mobility
1999 - Three GIS Organization Invited to Participate in Extension of Task Force to Address GIS/LIS Issues(URISA, NSGIC, UCGIS)
1999 - 2000 - Task Force Addresses GIS/LIS Issues
Task Force on NCEES Model Law
1995 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:
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.
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.
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 earth’s surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.
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.
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).
Task Force on NCEES Model Law
Original Task Force MembersOriginal 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)
Task Force on NCEES Model Law
Original Task Force RepresentativesOriginal Task Force Representatives
ACSM John Dailey (P)Cleveland, Ohio
David Gibson (A)Gainesville, Florida
ASCE Robert C. Burtch (A)Big Rapids, Michigan
Steven D. Johnson (A)West Lafayette, Indiana
MAPPS George Gross (P)Portland, Oregon
Mike Ritchie (P)Lexington, Kentucky
NSPS Al Matherly (P)Louisville, Kentucky
Greg Johnson (P)Marietta, Georgia
ASPRS Karen Schuckman (P)High Point, N. Carolina
Doug Fuller (P)Sheboygan, Wisconsin
Facilitator Jim Plasker (G/NP)Oak Hill, Virginia
Task Force on NCEES Model Law
Original IssuesOriginal Issues
Grandfathering
Reciprocity/Comity
Examinations
Identity of the Profession
Task Force on NCEES Model Law
Original Issues Original Issues (cont.)(cont.)
Exclusion of Practice
Education requirements
Continuing Education/Professional Development
Task Force on NCEES Model Law
Recommendations -Recommendations - Grandfathering
Adopt Uniform Guidelines
Accomplished During 1998 Annual Meeting
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
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)
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
Task Force on NCEES Model Law
Recommendations -Recommendations - Identity of the Profession
Retitle Model Law
Use Generic Language
Reserve Term “Professional Land Surveyor”
Task Force on NCEES Model Law
Recommendations -Recommendations - Exclusion of Practice
Promulgate Guidelines
Recognize Areas of Low Regulatory Interest
Task Force on NCEES Model Law
Regulatory Interest LevelsRegulatory Interest Levels
High Interest Low Interest
ThemeDisplayed
Regulated resourcesaffecting property rights,property development,value of land, andboundaries.
Items of a resourcemanagement or inventorynature done for develop-ment of managementprograms/plans.
Base Data orTheme
Base layers such asparcels, roads, watercourses, contours,geodetic grids, geodeticcontrol, structures.
Theme data such asbotany, soils, otherresources, habitats thatare adjusted to baselayers.
Task Force on NCEES Model Law
Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)
High Interest Low Interest
Use ofabsolutecoordinates
Publishing in state plane,latitude and longitude, UTMor other officially approvedcoordinate systems.
No published coordinatesor coordinate grids, or useof an assumed coordinatedatum.
PrimaryMeasure-ment vs.SecondaryMapping
Original view/original meas-urement (by conventionalground survey, aerial photo-grammetry, image mapping(the mapping part of remotesensing), or positioningsystems such as the GlobalPositioning System).
Mapping from archivalsources, data conversion,simple cartographic andimage manipulation.
Task Force on NCEES Model Law
Regulatory Interest Levels Regulatory Interest Levels (cont.)(cont.)
High Interest Low Interest
RelativeExpertise ofProducer vs.Receiver ofSpatial Data
Innocent funder orpurchaser of spatial datafrom a person/firmholding themselves out ashaving surveying/mappingexpertise.
Measurement andmapping within an agencyor firm for in-housepurposes where users arethe measurers.
Availabilityof Product orOutcome
Public Domain, innocentusers exist.
Private use, no directsecondary (innocent) user.
Task Force on NCEES Model Law
Recommendations -Recommendations - Education Requirements
Four Year Degree
ABET Accredited Program Preferred
Task Force on NCEES Model Law
Recommendations -Recommendations - Continuing Education
Standardize Criteria
Streamline Recording of Credits
– CEU’s
– PDU’s
Task Force on NCEES Model Law
1999 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:
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 earth’s 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)]
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)]
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]
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)]
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)]
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)]
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)]
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
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:
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 licensee’s areas of competence. Licensees must demonstrate by education or experience that they are competent to practice in their field.
Task Force on NCEES Model Law
GIS Community IssuesGIS Community Issues
Breadth of Preamble Paragraph
Licensing: Practice v. Use of Tools
Regulatory Interest: High v. Low
Task Force on NCEES Model Law
Additional Task Force MembersAdditional Task Force Members
Urban and Regional Information Systems Association (URISA)
National States Geographic Information Council (NSGIC)
University Consortium for Geographic Information Science (UCGIS) [Invited]
Task Force on NCEES Model Law
Additional Task Force ParticipantsAdditional 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
Task Force on NCEES Model Law
1999 NCEES Model Law:1999 NCEES Model Law: GIS Community ConcernsGIS 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:
Task Force on NCEES Model Law
1999 NCEES Model Law:1999 NCEES Model Law: Current Task Force Draft ProposalCurrent 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:
Task Force on NCEES Model Law
1999 NCEES Model Law:1999 NCEES Model Law: GIS Community Concerns 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).
Task Force on NCEES Model Law
1999 NCEES Model Law:1999 NCEES Model Law: Current Task Force Draft Proposal 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).
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - ExclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines Current Draft Proposal - ExclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - ExclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - ExclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - ExclusionsCurrent 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.
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - ExclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - InclusionsCurrent 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
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - InclusionsCurrent 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.
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - InclusionsCurrent 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.
Task Force on NCEES Model Law
Exclusion of Practice GuidelinesExclusion of Practice Guidelines
Current Draft Proposal - InclusionsCurrent 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.
Task Force on NCEES Model Law
Final ThoughtsFinal 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
Email Your Comments to:
[email protected]@asprs.org
All Comments Will be Shared with the Task Force
Task Force on NCEES Model Task Force on NCEES Model Law for SurveyingLaw for Surveying
Little Rock, Arkansas
March 20, 2000
Report and Slides: www.asprs.org
Follow External Affairs Link to NCEES Material