Wisconsin Legislature: 300,62

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.

300,48 Section 48 . 443.11 (3) of the statutes is amended to read:

443.11 (3) Any person may prefer make charges that any registrant, holder of a certificate of record as engineer-in-training or corporate holder of a certificate of authorization has committed an act for which a reprimand or limitation, suspension or revocation of registration is authorized under sub. (1). Such charges shall be in writing, and shall be sworn to by the person making them and shall be submitted to the examining board. The examining board may, on its own motion, make such charges. All charges, unless dismissed by the examining board as unfounded or trivial, shall be heard by the appropriate section of the examining board interested, subject to the rules promulgated under s. 440.03 (1).

300,49 Section 49 . 443.11 (4) of the statutes is amended to read:

443.11 (4) If after holding a hearing under sub. (3), 3 members of the a section of the examining board holding the hearing vote in favor of sustaining the charges specified in sub. (3), 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 of a firm, partnership or corporation.

300,50 Section 50 . 443.11 (6) of the statutes is amended to read:

443.11 (6) The examining board, for reasons the interested appropriate section of the examining board considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership or corporation, whose certificate has been revoked, providing if 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 Subject to the rules of the examining board, the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

300,51 Section 51 . 443.14 (1) of the statutes is amended to read:

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.

300,52 Section 52 . 443.14 (2) of the statutes is amended to read:

443.14 (2) Officers and employes of the federal government while engaged within this state in the practice of architecture, landscape architecture, professional geology or professional engineering for the federal government.

300,53 Section 53 . 443.14 (3) of the statutes is amended to read:

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.

300,54 Section 54 . 443.14 (4) of the statutes is amended to read:

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.

300,55 Section 55 . 443.14 (6) of the statutes is amended to read:

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.

300,56 Section 56 . 443.14 (12) of the statutes is repealed.

300,57 Section 57 . 443.14 (14) of the statutes is amended to read:

443.14 (14) A professional geologist person who, while engaged in the practice of professional geology in accordance with this chapter, hydrology or soil science as defined in s. 470.01 (2), (3) or (4), practices professional engineering, if the acts that involve the practice of professional engineering are also part of the practice of professional geology, hydrology or soil science.

300,58 Section 58 . 443.16 of the statutes is amended to read:

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.

300,59 Section 59 . 443.17 of the statutes is amended to read:

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.

300,60 Section 60 . 443.18 (1) (a) of the statutes is amended to read:

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.

300,61 Section 61 . 443.18 (2) (a) of the statutes is amended to read:

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".

300,62 Section 62 . Chapter 470 of the statutes is created to read:

Chapter 470

Examining board of professional
geologists, hydrologists and
soil scientists

470.01 Definitions. In this chapter:

(1) “Examining board" means the examining board of professional geologists, hydrologists and soil scientists.

(1r) “Hydrology" means a science that involves the study of the waters of the earth, including the study of the occurrence, circulation, distribution, chemistry or quality of water or its role as a natural agent that causes changes in the earth, and the investigation and collection of data concerning waters in the atmosphere or on the surface or in the interior of the earth, including data regarding the interaction of water with other gases, solids or fluids.

(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 hydrology.

(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 soil science.

(5) “Professional geologist" means a person who engages in the practice of professional geology.

(5m) “Professional geologist section" means the professional geologist section of the examining board.

(6) “Professional hydrologist" means a person who engages in the practice of professional hydrology.

(6m) “Professional hydrologist section" means the professional hydrologist section of the examining board.

(7) “Professional soil scientist" means a person who engages in the practice of professional soil science

(8) “Professional soil scientist section" means the professional soil scientist section of the examining board.

(9) “Soil science" means a science that involves the study of soils between the surface of the earth and bedrock, including the study of natural or human processes or forces that occur in soils, and the investigation and collection of data concerning soils, including data regarding the interaction of soils with other gases, solids or fluids or living organisms.

470.02 License required. Except as provided in s. 470.025 or 470.045, no person may do any of the following:

(1) Engage or offer to engage in the practice of professional geology, designate himself or herself as a professional geologist, use or assume the title “professional geologist" or any other title, letters or designation which represents or may tend to represent the person as a professional geologist unless the person is licensed by the professional geologist section under this chapter.

(2) Engage or offer to engage in the practice of professional hydrology, designate himself or herself as a professional hydrologist, use or assume the title “professional hydrologist" or any other title, letters or designation which represents or may tend to represent the person as a professional hydrologist unless the person is licensed by the professional hydrologist section under this chapter.

(3) Engage or offer to engage in the practice of professional soil science, designate himself or herself as a professional soil scientist, use or assume the title “professional soil scientist" or any other title, letters or designation which represents or may tend to represent the person as a professional soil scientist unless the person is licensed by the professional soil scientist section under this chapter.

470.025 Applicability. This chapter does not require a license for any of the following:

(1) A person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.

(2) An officer or employe of the federal government while engaged within this state in the practice of professional geology, hydrology or soil science for the federal government.

(3) A public service company or its regular employes acting in its behalf that engage in the practice of professional geology, hydrology or soil science exclusively in connection with the facilities of the company that are subject to regulation, supervision or control by a commission of this state or the federal government.

(4) A person who engages in the practice of professional geology, hydrology or soil science exclusively as a regular employe of a private company or corporation, by rendering to the company or corporation geological, hydrological or soil science services in connection with its operations, so long as the person is actually and exclusively so employed and no longer, if the company or corporation has at least one professional geologist, hydrologist or soil scientist who is licensed under this chapter in responsible charge of the company's or corporation's professional geological, hydrological or soil science work in this state.

(5) A contractor, subcontractor or construction material or equipment supplier who performs or undertakes activities that historically and customarily have been performed by a contractor, subcontractor or construction material or equipment supplier in his or her respective trade or specialty, including 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 professional geologists, hydrologists or soil scientists 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 the contractor's, subcontractor's or supplier's work on buildings or with respect to supplies or materials furnished by him or her 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 professional geologists, hydrologists or soil scientists or by a person specified in subs. (1) to (4).

(6) A person employed by a county or this state who is engaged in the planning, design, installation or regulation of land and water conservation activities under ch. 92 or s. 281.65 and who is certified under s. 92.18.

(7) A land surveyor registered under ch. 443 who is engaged in the planning, design, installation or regulation of land and water conservation activities under ch. 92 or s. 281.65.

(8) A person engaged solely in teaching geology, hydrology or soil science or a related physical or natural science, or a person engaged solely in geological, hydrological or soil science research as an employe of an educational or research institution or a governmental agency.

(9) A well driller, as defined in s. 280.01 (7), who is engaged in well drilling, as defined in s. 280.01 (8).

(10) A professional engineer registered under ch. 443 who, while engaged in the practice of professional engineering, as defined in s. 443.01 (6), collects, investigates, interprets or evaluates data relating to soil, rock, groundwater, surface water, gases or other earth conditions, or uses that data for analysis, consultation, planning, design or construction.

(11) A professional geologist, hydrologist or soil scientist who is licensed to engage in the practice of professional geology, hydrology or soil science in another state or country and is providing a consultation or demonstration with a professional geologist, hydrologist or soil scientist who is licensed under this chapter.

470.03 Duties of the examining board. (1) The examining board shall do all of the following:

(a) Upon the advice of the professional geologist section, promulgate rules establishing requirements and standards for the practice of professional geology by a person who is licensed as a professional geologist under this chapter, including a code of ethics that governs the practice of professional geology.

(b) Upon the advice of the professional hydrologist section, promulgate rules establishing requirements and standards for the practice of professional hydrology by a person who is licensed as a professional hydrologist under this chapter, including a code of ethics that governs the practice of professional hydrology.

(c) Upon the advice of the professional soil scientist section, promulgate rules establishing requirements and standards for the practice of professional soil science by a person who is licensed as a professional soil scientist under this chapter, including a code of ethics that governs the practice of professional soil science.

(2) Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.

470.04 Licensure requirements. (1) The professional geologist, hydrologist or soil scientist section may not grant a license under this chapter unless an applicant does each of the following:

(a) Submits an application for the license to the department on a form provided by the department.

(b) Pays the fee specified in s. 440.05 (1).

(d) Submits to the department letters of recommendation from 5 persons. At least 3 letters shall be from individuals who have personal knowledge of the individual's experience in, depending on the license for which an application is made, geologic, hydrologic or soil science work. At least one letter of recommendation shall be from an individual who, depending on the license for which an application is made, is licensed as a professional geologist, hydrologist or soil scientist under this chapter.

(2) The professional geologist section shall grant a professional geologist license to a person who satisfies the requirements under sub. (1) and who submits evidence satisfactory to the section of all of the following:

(a) Subject to ss. 111.321, 111.322 and 111.335, that he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology.

(3) The professional hydrologist section shall grant a professional hydrologist license to a person who satisfies the requirements under sub. (1) and who submits evidence satisfactory to the section of all of the following:

(a) Subject to ss. 111.321, 111.322 and 111.335, that he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional hydrology.

(b) Subject to sub. (7), that he or she has a bachelor's degree with course credits in hydrology or water resources of a variety and nature sufficient to constitute a hydrology or water resources major from a college or university approved by the examining board.

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

a. A person who is licensed as a professional hydrologist 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 hydrologist in another state or territory or possession of the United States or in another country that has licensure requirements for professional hydrologists that are substantially equivalent to the requirements for licensure under this chapter.

c. Any other person who the section determines is qualified to have responsible charge of hydrologic work.

2. Subject to sub. (6), at least 7 years of professional experience in hydrologic work of a character satisfactory to the section which demonstrates that the applicant is qualified to assume responsible charge of hydrologic work, with a satisfactory evaluation of the last 2 years of the professional experience under a peer review system approved by the section.

(4) The professional soil scientist section shall grant a professional soil scientist license to a person who satisfies the requirements under sub. (1) and who who submits evidence satisfactory to the section of all of the following:

(a) Subject to ss. 111.321, 111.322 and 111.335, that he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional soil science.

(b) Subject to sub. (7), that he or she has a bachelor's degree with course credits in soil science of a variety and nature sufficient to constitute a soil science major from a college or university approved by the examining board.

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

a. A person who is licensed as a professional soil scientist 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 soil scientist in another state or territory or possession of the United States or in another country that has licensure requirements for professional soil scientists that are substantially equivalent to the requirements for licensure under this chapter.