CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5557
Chapter 106, Laws of 1992
(partial veto)
52nd
Legislature
1992
Regular Session
RETRACEMENT OR RESURVEY OF BOUNDARIES‑-WHEN
RECORDING
OF SURVEY NOT REQUIRED
EFFECTIVE
DATE: 6/11/92
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Passed by the Senate March 7,
1992
Yeas 48 Nays 0
 JOEL PRITCHARD
President of the Senate
Passed by the House March 4,
1992
Yeas 87 Nays 8
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CERTIFICATE
I, Gordon Golob, Secretary of
the Senate of the State of Washington, do hereby certify that the attached is
SUBSTITUTE SENATE BILL 5557 as passed by the Senate and the House of
Representatives on the dates hereon set forth.
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|
 JOE KING
Speaker of the
House of Representatives
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 GORDON A. GOLOB
Secretary
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Approved March 31, 1992, with
the exception of section 2, which is vetoed. Place
Style On Codes above, and Style Off Codes below.
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FILED
March 31, 1992 -
11:55 a.m.
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BOOTH GARDNER
Governor of the State of Washington
|
Secretary
of State
State of
Washington
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_______________________________________________
SUBSTITUTE
SENATE BILL 5557
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92.Modifying requirements for recording of surveys.
AN ACT
Relating to recording of surveys; amending RCW 58.09.090; and adding a new
section to chapter 58.09 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
58.09.090 and 1973 c 50 s 9 are each amended to read as follows:
(1) A
record of survey is not required of any survey:
(a)
When it has been made by a public officer in his official capacity and a
reproducible copy thereof has been filed with the county engineer of the county
in which the land is located. A map so filed shall be indexed and kept
available for public inspection. A record of survey shall not be required of a
survey made by the United States bureau of land management. A state agency conducting
surveys to carry out the program of the agency shall not be required to use a
land surveyor as defined by this chapter;
(b)
When it is of a preliminary nature;
(c)
When a map is in preparation for recording or shall have been recorded in the county
under any local subdivision or platting law or ordinance;
(d)
When it is a retracement or resurvey of boundaries of platted lots, tracts, or
parcels shown on a filed or recorded and surveyed subdivision plat or filed or
recorded and surveyed short subdivision plat in which monuments have been set
to mark all corners of the block or street centerline intersections, provided
that no discrepancy is found as compared to said recorded information or
information revealed on other subsequent public survey map records, such as a
record of survey or city or county engineer's map. If a discrepancy is found,
that discrepancy must be clearly shown on the face of the required new record
of survey. For purposes of this exemption, the term discrepancy shall include:
(i)
A nonexisting or displaced original or replacement monument from which the
parcel is defined and which nonexistence or displacement has not been
previously revealed in the public record;
(ii)
A departure from proportionate measure solutions which has not been revealed in
the public record;
(iii)
The presence of any physical evidence of encroachment or overlap by occupation
or improvement; or
(iv)
Differences in linear and/or angular measurement between all controlling
monuments that would indicate differences in spatial relationship between said
controlling monuments in excess of 0.50 feet when compared with all locations
of public record: That is, if these measurements agree with any previously
existing public record plat or map within the stated tolerance, a discrepancy
will not be deemed to exist under this subsection.
(2)
Surveys exempted by foregoing subsections of this section shall require filing
of a record of corner information pursuant to RCW 58.09.040(2).The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*
NEW
SECTION. Sec. 2. A new
section is added to chapter 58.09 RCW to read as follows:
When the public interest will be served, the department of natural
resources shall adopt rules and regulations limiting the exemption under RCW
58.09.090 over instances when retracements or resurveys are not required to be
recorded.
*Sec. 2
was vetoed, see message at end of chapter.
Passed the Senate March 7, 1992.
Passed the House March 4, 1992.
Approved by the Governor March
31, 1992, with the exception of certain items which were vetoed.
Filed in Office of Secretary of State March 31, 1992.
Note: Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, Substitute Senate
Bill No. 5557 entitled:
"AN ACT Relating to
recording of surveys."
Section 1
of Substitute Senate Bill No. 5557 amends the Survey Recording Act of 1973 (RCW
58.09) by clearly specifying when a record of survey is not required. Section
2 requires the Department of Natural Resources to adopt rules and regulations
limiting the exemptions when the public interest will be served.
I support
the legislature's desire to protect the public interest in matters related to land
surveys. I am concerned, however, that section 2 authorizes the Department of
Natural Resources to override policies established in statute by the adoption
of rules. This provision not only creates the potential for confusion among
the surveying community, but also raises questions about the appropriateness of
requiring a state agency to adopt rules which negate statutory exemptions to
land survey recording requirements. I am satisfied that the public interest is
sufficiently protected through the provisions of section 1.
For this
reason, I have vetoed section 2 of Substitute Senate Bill No. 5557.
With the
exception of section 2, Substitute Senate Bill No. 5557 is approved."