AB827: Bill Text

1997 Assembly BILL 827

February 25, 1998 - Introduced by Representatives Johnsrud, Murat, Gard, Hasenohrl, Baumgart, Bock, Musser, Hanson, Grothman, Ryba, Goetsch, Springer, Ziegelbauer, Kaufert, Otte, Kreibich, Freese and Hebl, cosponsored by Senators Shibilski, Panzer, Wineke, Plache, Chvala, Schultz, Rude, Moore, Weeden, Rosenzweig, Fitzgerald, Breske, Cowles, C. Potter, Risser, Zien, Huelsman, Clausing and Drzewiecki. Referred to Committee on Consumer Affairs.

AB827,2,2 An Act to repeal 443.02 (3m), 443.037, 443.09 (4r), 443.10 (1) (e) and 443.14 (12); to renumber and amend 440.08 (2) (a) 37m., 443.01 (3c), 443.01 (6k) and 443.01 (7e); to amend 15.405 (2) (intro.), 15.405 (2) (a), 15.405 (2) (b), chapter 443 (title), 443.01 (3), 443.08 (1), 443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.09 (title), 443.09 (1), 443.09 (2), 443.09 (5), 443.10 (1) (a), 443.10 (1) (b), 443.10 (1) (d), 443.10 (2) (a), 443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (e), 443.11 (title), 443.11 (1) (intro.), 443.11 (1) (c), 443.11 (1) (d), 443.11 (2), 443.11 (4), 443.11 (6), 443.14 (1), 443.14 (2), 443.14 (3), 443.14 (4), 443.14 (6), 443.14 (14), 443.16, 443.17, 443.18 (1) (a), 443.18 (2) (a) and 703.11 (2) (b); and to create 440.08 (2) (a) 67q., 440.08 (2) (a) 67s. and chapter 470 of the statutes; relating to: the registration of professional geologists, hydrologists and soil scientists, providing an exemption from emergency rule procedures, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person may not practice professional geology or represent that he or she is a professional geologist unless he or she has been issued a certificate of registration as a professional geologist by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors (board) in the department of regulation and licensing (DORL). The board may issue such a certificate to a person who satisfies certain requirements, including all of the following: 1) not having an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology; 2) completing specified educational and experience requirements; 3) submitting letters of recommendation; and 4) passing an examination. The board may also issue certificates of registration to certain persons who are registered as professional geologists in other states or countries.

This bill transfers the authority to issue certificates of registration as a professional geologist from the board to DORL. The bill prohibits a person who has not been issued a certificate of registration from representing that he or she is a registered geologist. However, the bill does not prohibit such a person from practicing professional geology. The bill also allows DORL to issue certificates of registration as a professional hydrologist or soil scientist. As with a professional geologist certificate, the bill prohibits a person who has not been issued a certificate from representing that he or she is a registered hydrologist or soil scientist. However, the bill does not prohibit such a person from engaging in the practice of professional hydrology or soil science.

Under the bill, DORL is required to promulgate rules that establish the educational and experience requirements that a person must satisfy in order to be issued a certificate of registration as a professional geologist, hydrologist or soil scientist. The bill allows DORL to promulgate rules establishing continuing education requirements that a person must satisfy to renew his or her certificate of registration. DORL must appoint advisory councils to advise on the rules. Also under the bill, a person is not eligible for a certificate unless he or she passes an examination and does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science. Finally, the bill allows DORL to issue certificates of registration to certain persons who are registered as professional geologists, hydrologists or soil scientists in other states or countries.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB827, s. 1 Section 1. 15.405 (2) (intro.) of the statutes is amended to read:

AB827,3,12 15.405 (2) (title) Examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors. (intro.) There is created an examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered to practice architecture, landscape architecture, professional geology, professional engineering, the design of engineering systems or land surveying under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional geologists, 3 professional engineers, 3 designers, 3 land surveyors and 12 10 public members.

AB827, s. 2 Section 2. 15.405 (2) (a) of the statutes is amended to read:

AB827,3,19 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a geologist section, an engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

AB827, s. 3 Section 3. 15.405 (2) (b) of the statutes is amended to read:

AB827,4,4 15.405 (2) (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration, and all other matters of interest to either the architect, landscape architect, geologist, engineer, designer or land surveyor section shall be acted upon solely by the interested section.

AB827, s. 4 Section 4. 440.08 (2) (a) 37m. of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 440.08 (2) (a) 67p. and amended to read:

AB827,4,8 440.08 (2) (a) 67p. Geologist, professional Registered professional geologist: August 1 of each even-numbered year; $42.

AB827, s. 5 Section 5. 440.08 (2) (a) 67q. of the statutes is created to read:

AB827,4,11 440.08 (2) (a) 67q. Registered professional hydrologist: August 1 of each even-numbered year; $42.

AB827, s. 6 Section 6. 440.08 (2) (a) 67s. of the statutes is created to read:

AB827,4,14 440.08 (2) (a) 67s. Registered professional soil scientist: August 1 of each even-numbered year; $42.

AB827, s. 7 Section 7. Chapter 443 (title) of the statutes is amended to read:

AB827,4,16 CHAPTER 443

AB827,4,22 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL GEOLOGISTS, PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS

AB827, s. 8 Section 8. 443.01 (3) of the statutes is amended to read:

AB827,5,3 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.

AB827, s. 9 Section 9. 443.01 (3c) of the statutes is renumbered 470.01 (1) and amended to read:

AB827,5,12 470.01 (1) "Geology" "Geoscience" means the science that involves the study of the earth and the earth's origin, composition, structure and physical history, including the study of the natural agents, forces and processes that cause changes in the earth and the investigation of and collection of data concerning the crust and the interior of the earth and the surface and underground gases, solids and fluids that make up the earth. "Geoscience" includes branches that primarily involve geology, hydrology or soil science.

AB827, s. 10 Section 10. 443.01 (6k) of the statutes is renumbered 470.01 (2) and amended to read:

AB827,5,21 470.01 (2) "Practice of professional geology" means the performance of or the offer to perform any geologic service or work in which the public welfare or the safeguarding of life, health, environment or property is concerned or involved. "Practice of professional geology" includes the collection of geological data, consultation, investigation, evaluation, interpretation, planning, or inspection of or relating to a service or work that applies the science of that branch of geoscience that primarily involves geology.

AB827, s. 11 Section 11. 443.01 (7e) of the statutes is renumbered 470.01 (5) and amended to read:

AB827,6,5 470.01 (5) "Professional geologist" means an individual who, by reason of his or her knowledge of that branch of geoscience that primarily involves geology, soils, mathematics and the physical and life sciences, acquired by the education and practical experience required under this chapter satisfying the requirements specified in rules promulgated by the department under s. 470.03 (1) (b), is qualified to engage in the practice of use a title related to professional geology that is specified in s. 470.02 (1).

AB827, s. 12 Section 12. 443.02 (3m) of the statutes is repealed.

AB827, s. 13 Section 13. 443.037 of the statutes is repealed.

AB827, s. 14 Section 14. 443.08 (1) of the statutes is amended to read:

AB827,6,19 443.08 (1) The practice of architecture, professional geology and professional engineering pertaining to the internal operations of a firm, partnership or corporation may be performed by employes if the architectural, professional geological or professional engineering services are performed by or under the direct supervision of architects, professional geologists or professional engineers registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt architectural, professional geological or professional engineering employes may provide architectural, professional geological or professional engineering data with respect to the manufacture, sale and utilization of the products of the firm, partnership or corporation to other registered or exempt architects, professional geologists or professional engineers.

AB827, s. 15 Section 15. 443.08 (2) of the statutes is amended to read:

AB827,7,3 443.08 (2) The practice of or the offer to practice architecture, professional geology, professional engineering or designing by individual architects, professional geologists, professional engineers or designers registered or granted a permit under this chapter, through a firm, partnership or corporation as principals, officers, employes or agents, is permitted subject to this chapter, if all personnel who practice or offer to practice in its behalf as architects, professional geologists, professional engineers or designers are registered or granted a permit under this chapter and if the corporation has been issued a certificate of authorization under sub. (3).

AB827, s. 16 Section 16. 443.08 (3) (a) of the statutes is amended to read:

AB827,7,18 443.08 (3) (a) A corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered or granted a permit to practice architecture, professional geology, professional engineering or designing in this state who will be in responsible charge of architecture, professional geology, professional engineering or designing being practiced in this state through the corporation and other relevant information required by the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The examining board shall grant a certificate of authorization to a corporation complying with this subsection upon payment of the fee specified in s. 440.05 (1). This subsection does not apply to corporations exempt under s. 443.14 (3) or (5).

AB827, s. 17 Section 17. 443.08 (4) (a) of the statutes is amended to read:

AB827,8,2 443.08 (4) (a) No firm, partnership or corporation may be relieved of responsibility for the conduct or acts of its agents, employes or officers by reason of its compliance with this chapter, nor may any individual practicing architecture, landscape architecture, professional geology, professional engineering or designing be relieved of responsibility for architectural, landscape architectural, professional geological, professional engineering or designing services performed by reason of his or her employment or relationship with the firm, partnership or corporation.

AB827, s. 18 Section 18. 443.08 (4) (b) of the statutes is amended to read:

AB827,8,13 443.08 (4) (b) All final drawings, specifications, plans, reports or other architectural, geological, engineering or designing papers or documents involving the practice of architecture, professional geology, professional engineering or designing, or landscape architectural papers or documents prepared by a landscape architect registered under this chapter, prepared for the use of the corporation, for delivery by it to any person or for public record within the state shall be dated and bear the signature and seal of the architect, landscape architect, professional geologist, professional engineer or designer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4) or (5).

AB827, s. 19 Section 19. 443.08 (5) of the statutes is amended to read:

AB827,8,22 443.08 (5) No firm, partnership or corporation may engage in the practice of or offer to practice architecture, professional geology, professional engineering or designing in this state, or use in connection with its name or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture, professional geology, professional engineering or designing, nor may it advertise or offer to furnish an architectural, professional geological, professional engineering or designing service, unless the firm, partnership or corporation has complied with this chapter.

AB827, s. 20 Section 20. 443.09 (title) of the statutes is amended to read:

AB827,8,25 443.09 (title) Examinations and experience requirements for architect, landscape architect, geologist and engineer applicants.

AB827, s. 21 Section 21. 443.09 (1) of the statutes is amended to read:

AB827,9,5 443.09 (1) In considering the qualifications of an applicant as an architect, landscape architect, professional geologist or professional engineer, responsible charge of architectural, landscape architectural, geological or engineering teaching may be construed as experience.

AB827, s. 22 Section 22. 443.09 (2) of the statutes is amended to read:

AB827,9,10 443.09 (2) Subject to ss. 111.321, 111.322 and 111.335, no person who has an arrest or conviction record is eligible for registration as an architect, a landscape architect, a professional geologist or a professional engineer, or certification as an engineer-in-training

AB827, s. 23 Section 23. 443.09 (4r) of the statutes is repealed.

AB827, s. 24 Section 24. 443.09 (5) of the statutes is amended to read:

AB827,9,25 443.09 (5) Written or written and oral examinations shall be held at such time and place as the examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the examining board with special reference to the applicant's ability to design and supervise architectural, landscape architectural, geological or engineering work, which shall promote the public welfare and ensure the safety of life, health and property. The architect and professional engineering examination or examinations shall include questions which require applicants to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. Such questions shall be developed by the examining board in consultation with the department of commerce. The examination for candidates under s. 443.04 (1) (c) shall be the principles and practice examination which requires the applicant to demonstrate the ability to apply engineering principles and judgment to problems in general engineering disciplines and to demonstrate knowledge of the design needs of people with physical disabilities and the relevant statutes, rules and regulations. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the examining board. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the examining board may require a one-year waiting period before further reexamination.

AB827, s. 25 Section 25. 443.10 (1) (a) of the statutes is amended to read:

AB827,10,16 443.10 (1) (a) The examining board may, upon application and the payment of the required fee, grant a certificate of registration as an architect, as a landscape architect, as a professional geologist or as a professional engineer to any person who holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects, professional geologists or professional engineers are of a standard not lower than specified in this chapter.

AB827, s. 26 Section 26. 443.10 (1) (b) of the statutes is amended to read:

AB827,11,2 443.10 (1) (b) The examining board may, upon application and payment of the required fee, grant a certificate of registration as an architect, as a landscape architect, as a professional geologist or as a professional engineer to any person who holds an unrevoked card or certificate of national reciprocal registration, issued by any state, territory or possession of the United States or by any country, which is in conformity with the regulations of the national council of state board of architectural, or engineering examiners, or council of landscape architectural registration boards, or of a council with similar national jurisdiction over professional geologists, and who complies with the regulations of the examining board, except as to qualifications and registration fee.

AB827, s. 27 Section 27. 443.10 (1) (d) of the statutes is amended to read:

AB827,11,13 443.10 (1) (d) The examining board may, upon application and payment of the required fee, grant a permit to practice or to offer to practice architecture, professional geology or professional engineering or to use the title "landscape architect" to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects, professional geologists or professional engineers are of a standard not lower than specified in this chapter.

AB827, s. 28 Section 28. 443.10 (1) (e) of the statutes is repealed.

AB827, s. 29 Section 29. 443.10 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB827,11,24 443.10 (2) (a) Applications for registration or for a certificate of record shall be on forms provided by the department and shall contain statements made under oath showing the applicant's education and detail summary of the applicant's technical work and not less than 5 references, of whom 3 or more shall have personal knowledge of the applicant's architectural, landscape architectural , geological or engineering experience in the case of an application for registration or of the applicant's technical education or engineering work in the case of an application for a certificate of record.

AB827, s. 30 Section 30. 443.10 (2) (c) of the statutes is amended to read:

AB827,12,5 443.10 (2) (c) The examining board shall grant a certificate of registration upon payment of the registration fee to any applicant who, in the opinion of the examining board, has satisfactorily met all the applicable requirements of this chapter. The certificate shall authorize the practice of architecture, professional geology or professional engineering or the use of the title "landscape architect", as appropriate.

AB827, s. 31 Section 31. 443.10 (2) (d) of the statutes is amended to read:

AB827,12,12 443.10 (2) (d) The granting of a certificate of registration by the examining board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a registered architect, a registered landscape architect, a registered professional geologist or a registered professional engineer under the classification stated on the certificate, while the certificate remains unrevoked or unexpired.

AB827, s. 32 Section 32. 443.10 (2) (e) of the statutes is amended to read:

AB827,12,16 443.10 (2) (e) The renewal date and renewal fee for certificates of registration for architects, landscape architects, professional geologists and professional engineers are specified under s. 440.08 (2) (a).

AB827, s. 33 Section 33. 443.11 (title) of the statutes is amended to read:

AB827,12,19 443.11 (title) Disciplinary proceedings against architects, landscape architects, geologists and engineers.

AB827, s. 34 Section 34. 443.11 (1) (intro.) of the statutes is amended to read:

AB827,12,24 443.11 (1) (intro.)  The examining board may reprimand an architect, registered landscape architect, professional geologist or professional engineer or limit, suspend or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:

AB827, s. 35 Section 35. 443.11 (1) (c) of the statutes is amended to read:

AB827,13,3 443.11 (1) (c) Knowingly aiding or abetting the unauthorized practice of architecture, professional geology or professional engineering by persons not registered under this chapter.

AB827, s. 36 Section 36. 443.11 (1) (d) of the statutes is amended to read:

AB827,13,9 443.11 (1) (d) Any gross negligence, incompetency or misconduct in the practice of architecture as a registered architect, of landscape architecture as a registered landscape architect, of professional geology as a registered professional geologist or of professional engineering as a registered professional engineer, or in the professional activity of a holder of a certificate of record as engineer-in-training.

AB827, s. 37 Section 37. 443.11 (2) of the statutes is amended to read:

AB827,13,19 443.11 (2) The examining board may reprimand or may limit, suspend or revoke the certificate of authorization of a corporation if any of its agents, employes or officers has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension or revocation of the certificate of registration of a registrant or the certificate of record of an engineer-in-training under this chapter, unless the corporation submits evidence satisfactory to the examining board that the agent, employe or officer is not now practicing or offering to practice architecture, professional geology or professional engineering in its behalf.

AB827, s. 38 Section 38. 443.11 (4) of the statutes is amended to read:

AB827,14,2 443.11 (4) If after holding a hearing 3 members of the section of the examining board holding the hearing vote in favor of sustaining the charges, the examining board shall reprimand or limit, suspend or revoke the certificate of registration of the registered architect, registered landscape architect, registered professional geologist or registered professional engineer, the certificate of record of the holder of a certificate as engineer-in-training, or the certificate of a corporate holder of a certificate of authorization.

AB827, s. 39 Section 39. 443.11 (6) of the statutes is amended to read:

AB827,14,12 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

AB827, s. 40 Section 40. 443.14 (1) of the statutes is amended to read:

AB827,14,18 443.14 (1) An employe of a person holding a certificate of registration in this state who is engaged in the practice of architecture, professional geology or professional engineering and an employe of a person temporarily exempted from registration, if the practice does not include responsible charge of architecture, professional geology or professional engineering practice.