By Darrell W. Fuller, PLSO Lobbyist

The 78th Legislative Assembly is winding down, and may even complete its work before the end of June. The Oregon Constitution mandates they end (Sine Die) no later than July 11th.

Here is an update on legislation I have been monitoring on behalf of PLSO. This update includes some "late breaking" news on one of the bills.

SENATE BILL 297

This bill, requested by OSBEELS, reorganizes and updates the statutes related to testing and registering Engineers, Land Surveyors and Photogrammetrists. PLSO has been actively engaged with OSBEELS, and other stakeholders, on this bill throughout the session. You can read the final version of the bill by clicking on this link:

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB297/A-Engrossed 

The PLSO Legislative Committee supported the intent and most of changes incorporated into SB297. Amendments to the original bill were drafted and adopted in the Senate as a result of a stakeholder meeting with OSBEELS in February.

Nevertheless, there was considerable discussion about two issues related to this bill. First, PLSO agreed to assist ACEC-Oregon with an amendment to clarify that hydrography is within the scope of Land Surveying and that hydrographers should be registered as Land Surveyors in order to practice in Oregon. An amendment was drafted, circulated and had some measure of support in the Capitol. However, a group of hydrographers loudly objected to the amendment. In fact, they even had an amendment drafted which would have prohibited OSBEELS from ever testing, registering or regulating hydrography in any fashion whatsoever. As a result of the competing amendments, PLSO, ACEC and PEO agreed to meet with the hydrographers after the session to look at various options with regard to how hydrography will be regulated in Oregon. So, stay tuned on this issue as it develops.

Second, the bill changes the word "curriculum" to "program" in the sections related to using a four-year college degree as the prerequisite to sitting for an exam. PLSO's Legislative Committee objected to the change out of concern that it would limit the kinds of four-year degrees which would qualify an applicant to sit for the exam. Many colleges and universities do not have "Land Surveying" programs even though their curricula includes all the classes needed to qualify to sit for the exam.

PLSO had an amendment drafted restoring the original statutory language. The amendment was supported by both ACEC and PEO. Rep. Paul Holvey (D-Eugene), the Chair of the House Business and Labor Committee -- which has jurisdiction over the bill -- agreed to support adopting the PLSO-requested amendment.

Here's the late-breaking updates:  OSBEELS held an emergency Board meeting by conference call on Thursday, May 28th. With no PLSs on the phone, and while in Executive Session so only members of the Board were part of the deliberations, OSBEELS decided to oppose the PLSO amendment restoring the word "curriculum". This unexpected opposition resulted in a conference call between PLSO leadership and Mari Lopez, the administrator of OSBEELS. PLSO invited ACEC and PEO leadership to participate in the conference call, as well.

After a thorough discussion of (1) the current statute, (2) the applicable administrative rules which currently clarify how OSBEELS interprets the word "curriculum", (3) why the word "program" was substituted in the bill draft, and (4) the process for updating the administrative rules if the bill becomes law, PLSO's leadership voted to withdraw its objection to the word change from "curriculum" to "program". PLSO will play a significant role in advising OSBEELS on how to modify their administrative rules to ensure there are no unintended consequences resulting from the statutory change.

On June 3rd, the House Business and Labor Committee voted unanimously to report SB297-A to the full House of Representatives for a final vote. Assuming the bill passes the House (a safe assumption), its final stop will be Governor Kate Brown's desk for her signature.

SENATE BILL 383

This bill changes the pleading requirements to be met in order to file suit against design professionals (Architects, Engineers, Land Surveyors and Photogrammetrists). The bill will require the plaintiff's counsel to include a statement from a similarly licensed design professional that defective work was done. Currently, plaintiff's attorneys can include design professionals in a lawsuit with no substantiating evidence. It is costly for design professionals to remove themselves from these suits even if it is clear they did nothing wrong. The final version of this bill will result from ongoing negotiations between design professionals and the trial lawyers. As of the writing of this update, the bill was scheduled for a Work Session on June 4th in the House Consumer Protection and Government Efficiency Committee after passing the Senate on a 29-0-1 vote early in the session. To read the bill, click on this link:  

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB383/A-Engrossed 

HOUSE BILL 2831

This bill modifies the authority to use property line adjustments in resource zones (Measure 49 claims). The PLSO Legislative Committee was uncertain if this bill was a "Land Surveying" bill or a land use bill. The Legislative Committee voted initially to oppose the bill, subject to learning more about it and its impact on Land Surveying. After some research, PLSO withdrew its  opposition and is now neutral on the bill. You can read the bill here:

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB2831 

The bill passed the House of Representatives on a 40-18 vote and is currently awaiting a vote in the full Senate.

CONCLUSION

This has been a fairly good session for Land Surveying. Nothing truly bad has happened to PLSs and a couple of the bills on track to become law may even improve the profession in the coming year (new laws go into effect January 1, 2016). Of course anything can happen between now and when the politicians finally leave town... it's not over, yet.

If you have any questions about the information presented above, or anything else related to the legislative process or state agency regulation of Land Surveying, please email me any time at fuller_darrell@yahoo.com or call me at 971-388-1786. It is a pleasure working with PLSO leadership and representing you at the Capitol in Salem.

OREGON GPS USERS GROUP 2015 ANNUAL MEETING

Date: June 11, 2015

Time: 9:00 am – 3:00 pm

Place: Hollinshead Barn

1237 NE Jones Rd

Bend, OR 97701

Map

AGENDA:

9:00 – 9:15    Network and coffee – speaker setup

9:15 – 9:45  Introductions and annual business meeting

9:45 – 10:45  Dam Fiasco at Bull Flat

Mike Berry, PLS, - Deschutes County Surveyor

10:45 – 11:00  Break

11:00 – 12:00 Space Weather, Impact of Storms on GPS Observations

Joseph Kunches - Director of Space Weather Services, ASTRA, LLC

12:00 – 1:00  Lunch

1:00 – 2:00  UNAVCO presentation on the future of PBO

Dr. Glen Mattioli - Director Geodetic Infrastructure - UNAVCO

2:00 – 2:15  NGS Update

Mark Armstrong, PLS, WRE, Geodesist - NOAA/NOS/NGS Oregon State Geodetic Advisor

2:15 – 2:30  Online Interactive OCRS and ORGN Tool updates

Ken Bays, PLS - ODOT Lead Geodetic Surveyor and ORGN Technical Manager

2:30 – 3:00  Vendor reports

3:00  Adjourn

If you plan to attend please RSVP to Chris Munson at: chris@munson-assoc.com  by the end of the day on Monday June 1, 2015 so we have a good idea how many folks will be eating lunch. 

OSBEELS Board Member Wanted

The Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) is seeking a Professional Engineer (PE) and a Professional Land Surveyor (PLS). As per Oregon Revised Statute (ORS) 672.240, each PE, PLS or RPP Board member must be a resident of Oregon for at least three years immediately preceding appointing and have been practicing as a registered professional for at least five years since the date of the individual's initial registration.

 

Board meetings are held on the second Tuesday of each odd-numbered month and Committee meetings are held the second Thursday and Friday of each even-numbered month.  Board members are eligible for per diem and reimbursements for actual expenses involved in carrying out Board business. For more information on the application process or the role of state Board members, pleasevisit  http://www.oregon.gov/gov/admin/Pages/How_To_Apply.aspx and follow the instructions provided.

Memorial for Susan E. Newstetter

In the May e-Newsletter, PLSO reported on the passing of Sue Newstetter. She was a past President of Blue Mountain Chapter, Board Chairman, and was currently representing the surveying profession on the OSBEELS Board.

A memorial will be held in June at Clyde Holiday State Park followed by an outdoor style pot luck in honor of Sue’s love of outdoor cooking and socializing. 

Please send notes about Sue's involvement with PLSO to Pat Gaylord, who will share them with her husband, John. Email Pat here.

Date: June 27; 11 a.m.

Location: Clyde Holliday State Park in Mt. Vernon, Oregon

Accommodations:  

• Camping is available on a first come, first served basis. Teepees may be reserved online. Camping (tent or RV) is the recommendation.  There are several camp grounds in the area and we will have a field or someplace for the over flow to camping.  
  
  
• Hotel space at Dreamers Lodge (541-575-0526) is limited. A block of rooms is being held under John La Liberte for the next weeks. Other room accommodations are available in John Day and Prairie City.

Food:  The memorial will include a potluck with outdoor cooking in Dutch ovens or solar ovens encouraged in Sue’s memory.

Memorials:

In lieu of flowers, please consider supporting causes that were near and dear to Sue's heart:

• PLSO Scholarship Fund
• • Make check out to Oregon Community Foundation, noting Professional Land Surveyors of Oregon Scholarship Fund and Sue Newstetter on the Memo line.
  • Mailing Address: 
    

Oregon Community Foundation
Attn: Belle Cantor
1221 SW Yamhill Street, Ste #100
Portland, OR 97205-2108

• John Day Community Garden, Mt. Vernon Community Center, Grant County Library Foundation
  
• • Make check out to Driskill Memorial Chapel, noting Charity and Sue Newstetter on the Memo line.
• • Mailing Address: 

Driskill Memorial
241 South Canyon Blvd.
John Day, OR 97845

“Approximate Corners”

by Scott C. Freshwaters, PLSO Liaison to OACES

This has been a hot topic of discussion at the most recent Central Chapter meeting and at the OACES meeting held in Roseburg last week.   This is a questionable practice at best and an unethical one at least.    In my opinion, and the opinion of many others this practice does not serve the profession nor the public well.  We all know that regardless of how many disclaimers are used, or how emphatically the   fact is stressed that the wooden stake  set is only “approximate” either the client or the adjoiner or both will accept it as being the true corner and act accordingly.   

Does it really serve the profession and protect the public “safety, health, and welfare” if we set an “approximate” corner in lieu of a permanent monument and filing a record of survey?  Furthermore, what are the liability issues associated with this practice?  Has anyone checked with their E&O carrier if they will bless the setting of “approximate corners”?   OACES will discuss this topic at length June 8-10 at their Spring Conference to be held at Eagle Crest Resort near Redmond.  The outcome of their discussion may be a letter requesting OSBEELS author an OAR to eliminate this practice.   It would be good if all of the PLSO chapters can have a discussion about “approximate corners” and  if there is consensus about this perhaps the BOD could and should coordinate with OACES in the communication to OSBEELS. 

IT’S HALFTIME AT THE CAPITOL IN SALEM

By:  Darrell W. Fuller

            (SALEM, OR) -- The 2015 Legislative Session at the Capitol in Salem reached a midpoint, of sorts, at 5:00 PM on Friday, April 10^th.  A deadline, which expired April 10^th, provides an excellent point to stop, pause and reflect on how things are (or are not) progressing in the marbled halls of the Capitol Building.

            A quick review of Junior High School civics may prove helpful:  For a bill to become a law (remember the Schoolhouse Rock song?), it must pass both chambers -- the House and the Senate -- before going to the Governor.

            Since starting in February, State Senate Committees have been hearing Senate Bills while State House Committees have been hearing House Bills.  April 10^th was the deadline for Committee Chairs to post notices for work sessions on “original chamber” bills.  That is, after April 10^th, Senate Committee Chairs can no longer schedule meetings on Senate Bills and House Committee Chairs can no longer schedule hearings on House Bills.  From this point forward, committees can only work on bills already passed by the other chamber.

            It can be a bit confusing.  But the point is this:  Hundreds of bills.  Actually a couple of thousand bills introduced at the beginning of the session, are now officially “dead” for the year.  The list of bills which are still “active” has been narrowed substantially.

            So, how are the bills of interest to PLSO members faring?  Let’s take a look:

House Bill 2161  Authorized county to charge fee not to exceed actual cost to county of recording certain instruments.  This bill relates to the fund for corner restoration and maintenance.  As written, the bill is confusing at it sets the fee based on cost recovery for the service provided, yet the fee is not used by the county for recording the instruments.  The PLSO Legislative Committee voted to oppose this bill.

            This bill received no hearing and died in Committee.

House Bill 2164  Makes permanent a pilot project that requires certain licensees (including Land Surveyors) to demonstrate and maintain tax compliance as a condition of issuance or renewal of license.  The PLSO Legislative Committee voted to oppose this bill.

            This bill had a Public Hearing on February 23 and died in Committee.

House Bill 2831  Modifies authority to use property line adjustment in resource zones.  The PLSO Legislative Committee is uncertain how, if at all, this bill will impact surveying.  They directed the PLSO lobbyist to contact resource-based associations (Farm Bureau, Forest Industry, etc.) to learn more about the bill.

            This bill passed out of Committee with a unanimous vote and is awaiting action by the    full House of Representatives.

House Bill 3489  Requires OSBEELs to waive fundamentals of engineering examination and practical engineer’s examination requirements for a professional engineer registration applicant who has held a professional engineer registration or license in another jurisdiction for a specified period.  The PLSO Legislative Committee voted to support the position of Engineers who oppose this bill as currently written.

            This bill received no hearing and died in Committee.

Senate Bill 166  Establishes International System of Units as state’s official system of measurement.  The PLSO Legislative Committee voted to oppose this bill.

            This bill received no hearing and died in Committee.

Senate Bill 297  Revises qualifications for registration to practice professional engineering, land surveying or photogrammetric mapping.  PLSO participated (via Carl Sweeden) in a work group which drafted amendments to the bill.  With the amendments, the PLSO Legislative Committee supports the bill with a recommendation to change one word from “program” to “curriculum”.  The Legislative Committee also voted to support an additional amendment to the bill which will clarify that hydrography/bathymetric surveying must be done by a licensed land surveyor.  The current statutes do not clearly address under water surveying.

            This bill passed the Senate (30-0) and will be heard in the House.  If amended in the       House, it will have to return to the Senate for re-passage with the new amendments.

Senate Bill 383  Modifies pleading  requirements for claims against design professionals (including land surveyors).  The bill will make it more difficult to file suit against a design professional by requiring a person with the same or similar credentials to provide a written summary of the defective work by the design professional as part of the legal complaint. The PLSO Legislative Committee voted to support this bill.

            This bill passed the Senate (30-0) and will be heard in the House.

Senate Bill 508  Modifies  provisions authorizing expedited land divisions.  The PLSO Legislative Committee did not take a position on this bill.

            This bill received no hearing and died in Committee.

If you have any questions about the bills listed above, or anything else related to the Legislature, please contact me at fuller_darrell@yahoo.com or 971-388-1786.

NSPS Election Results:

President-elect: Tony Cavell

Vice President: Jan Fokens

Secretary/Treasurer: Bob Miller

Secretary: Tim Burch

Note: The Secretary position was a contingency vote, with the expectation of passage of the Bylaws amendment to separate the Secretary and Treasurer positions. If that vote fails, Bob Miller will serve as Secretary/Treasurer.

***UPDATE***

On March 13, 2015, the Bureau received a request to revise the occupational definition for the classification of “Power Equipment Operators,” asking BOLI to add “Party Chief” as a sub-classification to Group 2. Commissioner Avakian has issued a decision to leave the existing definition as it is, without making any revision.

***

A Message to all Oregon Surveyors from PLSO Chair John Thatcher:

It came to PLSO's attention late last week that a proposed revision request to Bureau of Labor and Industries (BOLI) has been submitted by the International Union of Operating Engineers/Local 701 . It requests that the Party Chief (construction surveyor) classification be moved to a Group 2 for all public works.   

In short, the proposal requests to “…add the Party Chief subclassification to Power Equipment Operator Group 2 as a covered prevailing wage classification under ORS 279C.” The proposal is available on the BOLI-PWR web site - click here to read the entirety.

PLSO Executive Secretary Aimee McAuliffe, PLSO Lobbyist Darrell Fuller and I have been researching the topic, including getting feedback from Surveyors dealing with similar issues in other states and from Curt Sumner of NSPS [read a recent letter from NSPS regarding a similar issue]. PLSO has also been working with other like minded groups and formulating a plan of action. After considering the feedback and conference call Tuesday with Kim Robinson of IPSLA, we have concluded that this request is not in the best interest for our profession. It was explained that the fallout in Illinois has included many onerous additional requirements such as project labor agreements, responsibility for union benefit plans, requirements to carry permanent liability insurance (which don't go away even if the company is sold), DOL union training program requirements and more. In summary - surveyors lose control of their own profession. While Illinois is not Oregon, we are choosing to learn from their experience.

PLSO exists to look after the interests of Oregon Surveyors, and our plan is to submit a letter of opposition.

But time is short. The deadline for comments is April 15. A request for an extension was made and subsequently denied. Mr. Fuller advises that, while it is important for PLSO to respond to this proposal, it is also important for individual surveyors to weigh in. This is where you come in. If you are in agreement with PLSO, please stand behind your professional community and let BOLI know your opinion. PLSO is working with other groups to form a list of appropriate talking points. You may choose to wait for this list or move ahead with your own opinion on the matter.

Requests made by email must be sent to the following address: pwremail@boli.state.or.us. (It is preferred that requests and responses be submitted by email.) 

Requests sent by regular mail must be sent to: PWR Coordinator Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, OR 97232

Reference The request to revise the BOLI Power Equipment Operator definition by adding the Party Chief subclassification to Group 2.

We appreciate the time you have taken to read about and consider this issue.

Regards,

John Thatcher

PLSO Board Chairman

March 13, 2015, Tigard, Ore. – The Professional Land Surveyors of Oregon (PLSO), a non-profit trade association, is partnering with the National Council of Examiners for Engineering (NCEES) as well as 12 other western state land surveying associations to sponsor teachers for the Teaching with Spatial Technology (TwiST) program.

Held at Clark College in Vancouver, June 22-26, TwiST is designed to teach K-12 educators how to use Geographic Information Systems (GIS)and Global Positioning Systems (GPS) in the classroom to create meaningful and challenging lesson plans for students. It is a week-long workshop designed to make teachers proficient in the many aspects of spatial technology. The course is a mixture of classroom study and field exercises while learning to use GIS software, a GPS receiver and other related materials.

Teachers will learn about applications that classroom activities can accomplish around their school and community. Ranging from resource management to environmental assessment, cartography and more, the activities may be taught at various levels of grade appropriate complexity.

“Land Surveyors often use cutting edge technology in our profession and we want to encourage kids to be exposed to the profession early,” explains John Thatcher, PLSO Chair and state representative for the Western Federation of Professional Surveyors. “The surveying profession has a lot of future growth. Many workers will be retiring soon and we will need to fill our workforce. This is a way for us to plant the seed for future generations and that starts with our teachers.”

Oregon teachers are encouraged to log on to http://www.plso.org/twist for an application to attend. PLSO will reimburse travel costs and pay the $600 tuition cost up front, which includes all course teaching materials, ESRI GIS Software, Garmin GPS receiver, PC cable for downloading data, a 2GB thumb drive, hand compass, and other training materials.

# # #

The Professional Land Surveyors of Oregon represents more than 500 land surveyors and associated suppliers. It serves the land surveying industry in Oregon through professional education and outreach, holding paramount the interests of the public. To learn more visit www.plso.org.

From: Robin Dalke
Sent: Thursday, March 05, 2015 3:07 PM
To: Robin Dalke
Subject: City of Salem Survey Summit

The City of Salem is inviting local surveyors to attend an outreach event that will unveil recent improvements to its plat review program.  The new plat review process is anticipated to more efficiently move final plats to completion by ensuring that all regulatory issues are addressed earlier in the plat review process.  A new application form has been created to assist surveyors in making a complete application that can be approved within the time frames established by Oregon Revised Statutes.

 

In order to maximize participation of local surveyors in the outreach event, please respond to the Doodle poll by March 11, 2015.  Once the outreach event is scheduled, you will be receiving a flier inviting you to the event.  Feel free to forward to local surveyors or other professionals who might be interested in learning about recent improvements to the City's plat review process.

 

Doodle Poll Link:

https://doodle.com/t3bctb8gm9hv275u

Dates/Times being considered include:

Wednesday, March 18th- 10am-12pm

Wednesday, March 18th- 2pm-4pm

Thursday, March 19th- 10am-12pm

Thursday, March 19th- 2pm-4pm

 

Thank you,  

 

Robin Dalke, CFM

Administrative Analyst III

City of Salem

Development Services

Public Works