August 31, 1973
To : Governor Christopher S. Bond
Cason
Holt
Volkmer
From : Chairman & Members, State Land Survey Authority
Subject: State Reorganization Act
Section 10 of the final version of the Omnibus State Reorganization Act of 1973, S.B. No. 77, creates and is concerned with a Department of Natural Resources. Most of the transfers of existing agencies to this new Department are by Type II transfers where the identity of the agency and its board are continued.
However, under S.B. 77, Sec. 10(5), the functions of the State Land Survey Authority are transferred to the Department of Natural Resources by a Type I transfer and the Authority is abolished; thereafter the State Geologist supervises and coordinates the work formerly done by the State Land Survey Authority.
The State Reorganization Act in its several versions and changes has been a matter of interest to the State Land Survey Authority during the past year and has been discussed at various meetings of the Authority. At the meeting of the Authority on August 2, 1973, a position was adopted and the present statement of that position was approved by the Authority at its meeting on August 30, 1973. The State Geologist (a member of the Authority ex officio) thought it inappropriate for him to act on this particular matter and he abstained.
1. It is respectfully submitted that the transfer of the State Land Survey Authority to the Department of Natural Resources should be at least by a Type II transfer and preferably by a Type III transfer. The principal reasons are stated briefly in the following paragraphs.
2. The State Land Survey Authority has certain functions which are the same or similar to the rule making and hearing powers of agencies transferred by Type II transfers under S.B. 77, Sec. 10(3). In particular, the State Land Survey Authority modifies certain distance limitations under RSMo Sec. 60.460 as amended in 1973, and issues advisory regulations on land surveying under RSMo Sec. 60.150(7).
3. We have the highest regard for the present State Geologist and his assistant, and their predecessors, as professional geologists and as administrators, but the State Geologist as such is not a land surveyor or civil engineer and has no expertise with regard to land surveying. Probably confusion has arisen because of the use of the word "survey" in both the State Geological "Survey" and the State Land "Survey" Authority, but the word is used in two entirely different senses.
In terms of professional staff, the agency in Missouri most closely related to the State Land Survey Authority is the State Highway Commission with its staff of engineers and right-of-way surveyors.
4. The State Land Survey Authority has five members whose qualifications are stated in RSMo Sec. 60.500. Two are professional surveyors (also professional engineers), one is a professional engineer (also a professional geodetic surveyor), one is a lawyer, and one is the State Geologist ex officio. The Authority is non-partisan in that no more than two of the members may be of the same political party.
5. The State Land Survey Authority is a relatively new agency which started to function on a nominal appropriation in September 1970, and which for the first time in 1973-74 will have an appropriation approximately equal to the user fees which as a practical matter support the agency.
Basic thrusts and policies still are in the formative stage, and at least for some years to come there should be an expert board to establish policies and provide guidance and priorities for the State Land Surveyor.
6. The State Land Surveyor was appointed solely on the basis of his professional qualifications and is continued in office solely on the basis of his professional performance. The continued existence of a non-partisan board of successful professional persons will help assure that there will be no change in this policy and will make it easier to attract and retain an excellently qualified person for the very modest authorized salary.
7. Each present member of the State Land Survey Authority performs this somewhat obscure public service at a sacrifice of time or money or both. The recommendation in Paragraph 1 above that the State Land Survey Authority continue in existence is not based on the desire of any member of the Authority to be perpetuated in office.
Respectfully submitted,
JAMES S. ANDERSON
RICHARD J. BARR
WILLARD L. ECKHARDT, Members
DANIEL KENNEDY, Chairman
-------------------------------
transcribed by Steven E. Weible
