1997 Wisconsin Act 300

300,6 Section 6 . 15.405 (2m) of the statutes is created to read:

15.405 (2m) Examining board of professional geologists, hydrologists and soil scientists. (a) There is created in the department of regulation and licensing an examining board of professional geologists, hydrologists and soil scientists consisting of the following members appointed for 4-year terms:

1. Three members who are professional geologists licensed under ch. 470.

2. Three members who are professional hydrologists licensed under ch. 470.

3. Three members who are professional soil scientists licensed under ch. 470.

4. Three public members.

(b) In operation, the examining board shall be divided into a professional geologist section, a professional hydrologist section and a professional soil scientist section. Each section shall consist of the 3 members of the named profession appointed to the examining board and one public member appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

(c) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of licenses, and all other matters of interest to either the professional geologist, hydrologist or soil scientist section shall be acted upon solely by the interested section.

(d) All matters of joint interest shall be considered by joint meetings of all sections of the examining board or of those sections to which the matter is of interest.

300,7 Section 7 . 295.20 (1) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

295.20 (1) (a) 1. The land has a marketable nonmetallic mineral deposit, as evidenced by the certification of a professional geologist registered licensed under s. 443.037 ch. 470 or a professional engineer registered under s. 443.04 and by any other information required under sub. (4).

300,8 Section 8 . 440.08 (2) (a) 14. of the statutes is amended to read:

440.08 (2) (a) 14. Architectural or engineering firm, partnership or corporation: February 1 of each even-numbered year; $41.

300,9 Section 9 . 440.08 (2) (a) 37m. of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 440.08 (2) (a) 63u. and amended to read:

440.08 (2) (a) 63u. Geologist, professional Professional geologist: August 1 of each even-numbered year; $42.

300,10 Section 10 . 440.08 (2) (a) 63v. of the statutes is created to read:

440.08 (2) (a) 63v. Professional geology, hydrology or soil science firm, partnership or corporation: August 1 of each even-numbered year; $42.

300,11 Section 11 . 440.08 (2) (a) 63w. of the statutes is created to read:

440.08 (2) (a) 63w. Professional hydrologist: August 1 of each even-numbered year; $42.

300,12 Section 12 . 440.08 (2) (a) 63x. of the statutes is created to read:

440.08 (2) (a) 63x. Professional soil scientist: August 1 of each even-numbered year; $42.

300,13 Section 13 . Chapter 443 (title) of the statutes is amended to read:

CHAPTER 443

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

300,14 Section 14 . 443.01 (3) of the statutes is amended to read:

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

300,15 Section 15 . 443.01 (3c) of the statutes is renumbered 470.01 (1g) and amended to read:

470.01 (1g) “Geology" means the a 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.

300,16 Section 16 . 443.01 (6k) of the statutes is renumbered 470.01 (2) and amended to read:

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 geology.

300,17 Section 17 . 443.01 (7e) of the statutes is repealed.

300,18 Section 18 . 443.02 (3m) of the statutes is repealed.

300,19 Section 19 . 443.037 (intro.) of the statutes is repealed.

300,20 Section 20 . 443.037 (1) of the statutes is renumbered 470.04 (2) (b) and amended to read:

470.04 (2) (b) Submits to the department evidence satisfactory to the examining board that the individual Subject to sub. (7), that he or she has a bachelor's degree with course credits in geology of a variety and nature sufficient to constitute a geology major, from a college or university approved by the examining board.

300,21 Section 21 . 443.037 (2) (intro.) of the statutes is repealed.

300,22 Section 22 . 443.037 (2) (a) and (b) of the statutes are renumbered 470.04 (2) (c) 1. (intro.) and 2. and amended to read:

470.04 (2) (c) 1. (intro.) Completed at Subject to sub. (5), at least 5 years of professional experience in geologic work of a character satisfactory to the examining board section which demonstrates that the applicant is qualified to assume responsible charge of geologic work. At least 2 years of the geologic work required under this paragraph subdivision must have been performed under the supervision of a any of the following:

a. A person who is registered licensed as a professional geologist under this chapter, or, for work performed before January 1, 1999, who was registered as a professional geologist under ch. 443, 1995 stats.

b. A person who is licensed as a professional geologist in another state or territory or possession of the United States or in another country that has registration licensure requirements for professional geologists that are not lower than substantially equivalent to the requirements for registration licensure under this chapter, or under the supervision of any.

c. Any other person who the examining board whom the section determines is qualified to have responsible charge of geologic work. The 5-year-experience requirement in this paragraph shall be reduced to 4 years if the individual has one or more advanced degrees, approved by the examining board, in geology, geophysics, geochemistry, hydrogeology, engineering geology, geotechnical engineering or a related geological science.

2. Completed at Subject to sub. (6), at least 7 years of professional experience in geologic work of a character satisfactory to the examining board section which demonstrates that the applicant is qualified to assume responsible charge of geologic work, with a satisfactory evaluation of the last 2 years of the professional experience under a peer review system approved by the examining board. The 7-year-experience requirement in this paragraph shall be reduced to 6 years if the individual has one or more advanced degrees, approved by the examining board, in geology, geophysics, geochemistry, hydrogeology, engineering geology, geotechnical engineering or a related geological science section.

300,23 Section 23 . 443.037 (3) and (4) of the statutes are repealed.

300,24 Section 24 . 443.08 (1) of the statutes is amended to read:

443.08 (1) The practice of architecture, professional geology and or 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.

300,25 Section 25 . 443.08 (2) of the statutes is amended to read:

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 firm, partnership or corporation has been issued a certificate of authorization under sub. (3).

300,26 Section 26 . 443.08 (3) (a) of the statutes is amended to read:

443.08 (3) (a) A firm, partnership or 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 firm, partnership or 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 firm, partnership or corporation complying with this subsection upon payment of the fee specified in s. 440.05 (1). This subsection does not apply to firms, partnerships or corporations exempt under s. 443.14 (3) or (5).

300,27 Section 27 . 443.08 (4) (a) of the statutes is amended to read:

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.

300,28 Section 28 . 443.08 (4) (b) of the statutes is amended to read:

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 a firm, partnership or 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).

300,29 Section 29 . 443.08 (5) of the statutes is amended to read:

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.

300,30 Section 30 . 443.09 (title) of the statutes is amended to read:

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

300,31 Section 31 . 443.09 (1) of the statutes is amended to read:

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.

300,32 Section 32 . 443.09 (2) of the statutes is amended to read:

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

300,33 Section 33 . 443.09 (4r) of the statutes is repealed.

300,34 Section 34 . 443.09 (5) of the statutes is amended to read:

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.

300,35 Section 35 . 443.10 (1) (a) of the statutes is amended to read:

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.

300,36 Section 36 . 443.10 (1) (b) of the statutes is amended to read:

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.

300,37 Section 37 . 443.10 (1) (d) of the statutes is amended to read:

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.

300,38 Section 38 . 443.10 (1) (e) of the statutes is repealed.

300,39 Section 39 . 443.10 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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.

300,40 Section 40 . 443.10 (2) (c) of the statutes is amended to read:

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.

300,41 Section 41 . 443.10 (2) (d) of the statutes is amended to read:

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.

300,42 Section 42 . 443.10 (2) (e) of the statutes is amended to read:

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).

300,43 Section 43 . 443.11 (title) of the statutes is amended to read:

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

300,44 Section 44 . 443.11 (1) (intro.) of the statutes is amended to read:

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:

300,45 Section 45 . 443.11 (1) (c) of the statutes is amended to read:

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.

300,46 Section 46 . 443.11 (1) (d) of the statutes is amended to read:

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.

300,47 Section 47 . 443.11 (2) of the statutes is amended to read:

443.11 (2) The examining board may reprimand a firm, partnership or corporation holding a certificate of authorization issued under this chapter or may limit, suspend or revoke the such a certificate of authorization of a corporation if any of its the agents, employes or officers of the firm, partnership or corporation 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 firm, partnership or 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.