AB827: Bill Text

AB827, s. 42 Section 42. 443.14 (3) of the statutes is amended to read:

AB827,15,2 443.14 (3) A public service company and its regular employes acting in its behalf where the professional engineering or professional geological services rendered are in connection with its facilities which are subject to regulation, supervision and control by a commission of this state or of the federal government.

AB827, s. 43 Section 43. 443.14 (4) of the statutes is amended to read:

AB827,15,12 443.14 (4) Any person who practices architecture, professional geology or professional engineering, exclusively as a regular employe of a private company or corporation, by rendering to the company or corporation architectural , professional geological or professional engineering services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one architect, professional geologist or professional engineer who is registered under this chapter in responsible charge of the company's or corporation's architectural, professional geological or professional engineering work in this state.

AB827, s. 44 Section 44. 443.14 (6) of the statutes is amended to read:

AB827,16,4 443.14 (6) Notwithstanding any other provision of this chapter, contractors, subcontractors or construction material or equipment suppliers are not required to register under this chapter to perform or undertake those activities which historically and customarily have been performed by them in their respective trades and specialties, including, but not limited to, the preparation and use of drawings, specifications or layouts within a construction firm or in construction operations, superintending of construction, installation and alteration of equipment, cost estimating, consultation with architects, professional geologists, professional engineers or owners concerning materials, equipment, methods and techniques, and investigations or consultation with respect to construction sites, provided all such activities are performed solely with respect to the performance of their work on buildings or with respect to supplies or materials furnished by them for buildings or structures or their appurtenances which are, or which are to be, erected, enlarged or materially altered in accordance with plans and specifications prepared by architects, professional geologists or professional engineers, or by persons exempt under subs. (1) to (5) while practicing within the scope of their exemption.

AB827, s. 45 Section 45. 443.14 (12) of the statutes is repealed.

AB827, s. 46 Section 46. 443.14 (14) of the statutes is amended to read:

AB827,16,10 443.14 (14) A professional geologist person who, while engaged in the practice of professional geology in accordance with this chapter , as defined in s. 470.01 (2), practices professional engineering, if the acts that involve the practice of professional engineering are also part of the practice of professional geology.

AB827, s. 47 Section 47. 443.16 of the statutes is amended to read:

AB827,16,21 443.16 Change of name. No person may practice architecture, professional geology or professional engineering in this state, and no person who is registered as a landscape architect under this chapter may practice landscape architecture in this state, under any other given name or any other surname than that under which the person was originally licensed or registered to practice in this or any other state, in any instance in which the examining board, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. This section does not apply to a change of name resulting from marriage or divorce.

AB827, s. 48 Section 48. 443.17 of the statutes is amended to read:

AB827,17,5 443.17 Seal or stamp; aiding unauthorized practice. No person who is registered under this chapter to practice architecture, landscape architecture, professional geology or professional engineering may impress his or her seal or stamp upon documents which have not been prepared by the person or under his or her direction and control, knowingly permit his or her seal or stamp to be used by any other person or in any other manner knowingly aid or abet the unauthorized practice of architecture, professional geology or professional engineering or the unauthorized use of the title "landscape architect" by persons not authorized under this chapter.

AB827, s. 49 Section 49. 443.18 (1) (a) of the statutes is amended to read:

AB827,17,22 443.18 (1) (a) Any person who practices or offers to practice architecture, professional geology or professional engineering in this state, or who uses the term "architect", "professional geologist" or "professional engineer" as part of the person's business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, a professional geologist or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any individual who uses the title "landscape architect" in this state unless the person is registered or exempted in accordance with this chapter, or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any member of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

AB827, s. 50 Section 50. 443.18 (2) (a) of the statutes is amended to read:

AB827,18,9 443.18 (2) (a) Injunction. If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, professional geology or professional engineering in this state, or is using the title "landscape architect" in this state, the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, professional geology or professional engineering or from using the title "landscape architect".

AB827, s. 51 Section 51. Chapter 470 of the statutes is created to read:

AB827,18,11 Chapter 470

AB827,18,13 Registry of geoscience professionals

AB827,18,14 470.01 Definitions. In this chapter:

AB827,18,21 (3) "Practice of professional hydrology" means the performance of or offer to perform any hydrologic service or work in which the public welfare or the safeguarding of life, health, environment or property is concerned or involved. "Practice of professional hydrology" includes the collection of hydrological data, consultation, investigation, evaluation, interpretation, planning or inspection relating to a service or work that applies that branch of geoscience that primarily involves hydrology.

AB827,19,2 (4) "Practice of professional soil science" means the performance of or offer to perform any service or work related to soil science in which the public welfare or the safeguarding of life, health, environment or property is concerned or involved. "Practice of professional soil science" includes the collection of soil data, consultation, investigation, evaluation, interpretation, planning or inspection relating to a service or work that applies that branch of geoscience that primarily involves soil science.

AB827,19,7 (6) "Professional hydrologist" means a person who, by reason of his or her knowledge of that branch of geoscience that primarily involves hydrology, acquired by satisfying the requirements specified in rules promulgated by the department under s. 470.03 (1) (b), is qualified to use a title related to professional hydrology that is specified in s. 470.02 (1).

AB827,19,12 (7) "Professional soil scientist" means a person who, by reason of his or her knowledge of that branch of geoscience that primarily involves soil science, acquired by satisfying the requirements specified in rules promulgated by the department under s. 470.03 (1) (b), is qualified to use a title related to professional soil science that is specified in s. 470.02 (1).

AB827,19,22 470.02 Use of title. (1) No person may use the title "Wisconsin registered professional geologist", "Wisconsin registered geologist", "Wisconsin registered professional hydrologist", "Wisconsin registered hydrologist", "Wisconsin registered professional soil scientist" or "Wisconsin registered soil scientist", use any title or description that implies that he or she has been issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter or represent himself or herself as having been issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter unless he or she has been issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter.

AB827,20,2 (2) This chapter does not prohibit a person who has not been issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter from engaging in the practice of professional geology, hydrology or soil science.

AB827,20,5 470.03 Duties of department. (1) With the advice of the appropriate advisory council appointed under sub. (3), the department shall promulgate rules establishing all of the following:

AB827,20,10 (a) Requirements and standards for the practice of professional geology, hydrology or soil science by a person who is issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter, including a code of ethics that governs the practice of professional geology, hydrology or soil science.

AB827,20,13 (b) Education or training requirements that a person must satisfy in order to be issued a certificate of registration as a professional geologist, hydrologist or soil scientist under this chapter.

AB827,20,17 (2) With the advice of the appropriate advisory council appointed under sub. (3), the department may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a certificate of registration that is issued under this chapter.

AB827,20,20 (3) The department shall appoint professional geology, hydrology and soil science advisory councils under s. 15.04 (1) (c) to provide advice to the department with respect to promulgating the rules under subs. (1) and (2).

AB827,20,23 470.04 Registration requirements. The department shall issue a certificate of registration as a professional geologist, hydrologist or soil scientist to a person who does all of the following:

AB827,20,25 (1) Submits an application for the certificate to the department on a form provided by the department.

AB827,21,1 (2) Pays the fee specified in s. 440.05 (1).

AB827,21,5 (3) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science.

AB827,21,7 (4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 470.03 (1) (b).

AB827,21,8 (5) Passes an examination under s. 470.05.

AB827,21,15 470.05 Examination. The department shall conduct or arrange for examinations for registration as a professional geologist, hydrologist or soil scientist at least semiannually and at times and places determined by the department. Examinations under this section shall require an applicant to demonstrate minimum competency in subjects substantially related to the practice of professional geology, hydrology or soil science and may consist of one or more written or oral tests, or both.

AB827,21,21 470.06 Reciprocal registration. Upon application and payment of the fee specified in s. 440.05 (2), the department may issue a certificate of registration as a professional geologist, hydrologist or soil scientist to a person who has been issued a similar certificate as a geologist, hydrologist or soil scientist by another state or territory of the United States or in another country if he or she submits evidence satisfactory to the department of all of the following:

AB827,21,24 (1) That, subject to ss. 111.321, 111.322 and 111.335, he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science.

AB827,22,3 (2) That the requirements of the other state, territory or country that issued the certificate are substantially equivalent to the requirements established in rules promulgated under s. 470.03 (1) (b).

AB827,22,10 470.07 Renewal of registration. The renewal dates for certificates of registration granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under s. 470.03 (3).

AB827,22,14 470.08 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB827,22,18 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a person issued a certificate of registration under this chapter, or may limit, suspend or revoke the certificate of a person registered under this chapter, if the person has done any of the following:

AB827,22,20 (a) Made a material misstatement in an application for a certificate of registration or for renewal of a certificate of registration.

AB827,22,23 (b) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an offense the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science.

AB827,23,3 (c) Been adjudicated mentally incompetent by a court of competent jurisdiction. A certified copy of the record of an adjudication of incompetency is conclusive evidence of incompetence under this paragraph.

AB827,23,4 (d) Advertised in a manner that is false, deceptive or misleading.

AB827,23,5 (e) Advertised, practiced or attempted to practice under another's name.

AB827,23,8 (f) Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of professional geology, hydrology or soil science while the person's ability to engage in the practice was impaired by alcohol or other drugs.

AB827,23,10 (g) Violated any requirement or standard relating to the practice of professional geology, hydrology or soil science established by the department by rule.

AB827,23,13 (h) Engaged in conduct while engaging in the practice of professional geology, hydrology or soil science which evidences a lack of knowledge or ability to apply professional principles or skills.

AB827,23,15 (i) Failed to cooperate with the department in an investigation under this section.

AB827,23,17 (j) Aided another person in violating this chapter or any rule promulgated under this chapter.

AB827,23,18 (k) Violated this chapter or any rule promulgated under this chapter.

AB827,23,21 470.09 Penalties. (1) Except as provided in sub. (2), a person who violates this chapter or any rule promulgated under this chapter may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB827,23,23 (2) A person who does any of the following may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months:

AB827,23,25 (a) Uses a title specified in s. 470.02 (1) in this state and has not been issued a certificate of registration under this chapter.

AB827,24,2 (b) Presents or attempts to use as his or her own the certificate of registration of another.

AB827,24,4 (c) Falsely impersonates any other person who has been issued a certificate of registration under this chapter

AB827,24,5 (d) Uses or attempts to use an expired or revoked certificate of registration.

AB827, s. 52 Section 52. 703.11 (2) (b) of the statutes is amended to read:

AB827,24,11 703.11 (2) (b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors and showing the location of any unit or building located or to be located on the property.

AB827, s. 53 Section 53. Nonstatutory provisions.

AB827,24,13 (1) Definitions. In this section:

AB827,24,15 (a) "Board" means the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.

AB827,24,16 (b) "Department" means the department of regulation and licensing.

AB827,24,17 (2) Transitional provisions.

AB827,24,19 (a) Notwithstanding section 470.04 of the statutes, as created by this act, the department shall do all of the following:

AB827,24,23 1. Issue a certificate of registration as a professional geologist to an individual who was granted a valid certificate of registration as a professional geologist by the board under section 443.10 (2) (c), 1995 stats., before the effective date of this subdivision.

AB827,25,2 2. Issue a certificate of registration as a professional hydrologist or a professional soil scientist to an individual who, subject to sections 111.321, 111.322 and 111.335 of the statutes, does not have an arrest or conviction record, and who does all of the following:

AB827,25,4 a. Submits an application for the certificate to the department no later than the first day of the 6th month beginning after the effective date of this subdivision 2. a.

AB827,25,5 b. Pays the fee specified in section 440.05 (1) of the statutes.

AB827,25,10 c. Submits evidence satisfactory to the department that he or she has a bachelor's degree, and at least 30 semester hours or 45 quarter hours of course credits in hydrology or soil science of a variety and nature sufficient to constitute a hydrology or soil science major, from a college or university approved by the department.

AB827,25,22 d. Submits evidence satisfactory to the department that, after completing the educational requirements specified in subdivision 2 . c., the individual has completed at least 5 years of professional experience in hydrologic or soil science work of a character satisfactory to the department that demonstrates that the applicant is qualified to assume responsible charge of hydrologic or soil science work. At least 2 years of the hydrologic or soil science work required under this subdivision 2. c. must have been performed under the supervision of a person whom the department determines is qualified to have responsible charge of hydrologic or soil science work. The 5 year's experience requirement in this subdivision 2. c . shall be reduced to 4 years if the individual has one or more advanced degrees, approved by the department, in hydrology or soil science or a geological science that is related to hydrology or soil science.

AB827,26,2 e. Submits to the department letters of recommendation from 5 persons. At least 3 letters shall be from individuals who have personal knowledge of the experience in hydrologic or soil science work of the individual applying for registration.

AB827,26,6 (b) A certificate issued under paragraph (a) shall have the same force and effect as a certificate of registration as a professional geologist, hydrologist or soil scientist that is issued under section 470.04 of the statutes, as created by this act, and may be renewed under section 470.07 of the statutes, as created by this act.

AB827,26,15 (3) Emergency rules. Using the procedure under section 227.24 of the statutes, the department may promulgate rules required under section 470.03 (1) (a) and (b) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 470.03 (1) (a) and (b) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB827, s. 54 Section 54. Effective date.

AB827,26,18 (1) This act takes effect on the first day of the 12th month beginning after publication.

AB827,26,19 (End)