Amendment SSA1-SB420

LRBs0527/2

MDK:jlg:ijs

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 420

March 10, 1998 - Offered by Committee on Agriculture and Environmental Resources.

SB420-SSA1,2,4 An Act to repeal 443.01 (7e), 443.02 (3m), 443.037 (intro.), 443.037 (2) (intro.), 443.037 (3) and (4), 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), 443.037 (1) and 443.037 (2) (a) and (b); to amend 15.157 (11), 15.347 (2) (d), 15.405 (2) (intro.), 15.405 (2) (a), 15.405 (2) (b), 295.20 (1) (a) 1., 440.08 (2) (a) 14., 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 (3), 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 15.405 (2m), 440.08 (2) (a) 63v., 440.08 (2) (a) 63w., 440.08 (2) (a) 63x. and chapter 470 of the statutes; relating to: the regulation of professional geologists, hydrologists and soil scientists, creating an examining board of professional geologists, hydrologists and soil scientists, providing an exemption from emergency rule procedures, granting rule-making authority and providing a penalty.

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

SB420-SSA1, s. 1 Section 1. 15.157 (11) of the statutes is amended to read:

SB420-SSA1,2,15 15.157 (11) Petroleum storage environmental cleanup council. There is created in the department of commerce a petroleum storage environmental cleanup council consisting of 5 members appointed for 4-year terms and the secretary of natural resources and the secretary of commerce, or their designees. The governor shall appoint the members, other than ex officio members, to the council from lists of names submitted by the secretary of natural resources and by the secretary of commerce. In preparing the lists, each secretary shall consider representatives from petroleum product transporters, manufacturers, suppliers, retailers and wholesalers, hydrogeologists hydrologists and environmental scientists, consultants, contractors and engineers.

SB420-SSA1, s. 2 Section 2. 15.347 (2) (d) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB420-SSA1,2,19 15.347 (2) (d) One engineer or hydrogeologist hydrologist with knowledge, experience or education concerning remediation of environmental contamination.

SB420-SSA1, s. 3 Section 3. 15.405 (2) (intro.) of the statutes is amended to read:

SB420-SSA1,3,9 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.

SB420-SSA1, s. 4 Section 4. 15.405 (2) (a) of the statutes is amended to read:

SB420-SSA1,3,16 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.

SB420-SSA1, s. 5 Section 5. 15.405 (2) (b) of the statutes is amended to read:

SB420-SSA1,3,21 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.

SB420-SSA1, s. 6 Section 6. 15.405 (2m) of the statutes is created to read:

SB420-SSA1,4,2 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:

SB420-SSA1,4,3 1. Three members who are professional geologists licensed under ch. 470.

SB420-SSA1,4,4 2. Three members who are professional hydrologists licensed under ch. 470.

SB420-SSA1,4,5 3. Three members who are professional soil scientists licensed under ch. 470.

SB420-SSA1,4,6 4. Three public members.

SB420-SSA1,4,12 (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.

SB420-SSA1,4,16 (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.

SB420-SSA1,4,18 (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.

SB420-SSA1, s. 7 Section 7. 295.20 (1) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB420-SSA1,4,24 295.20 (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).

SB420-SSA1, s. 8 Section 8. 440.08 (2) (a) 14. of the statutes is amended to read:

SB420-SSA1,5,2 440.08 (2) (a) 14. Architectural or engineering firm, partnership or corporation: February 1 of each even-numbered year; $41.

SB420-SSA1, s. 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:

SB420-SSA1,5,6 440.08 (2) (a) 63u. Geologist, professional Professional geologist: August 1 of each even-numbered year; $42.

SB420-SSA1, s. 10 Section 10. 440.08 (2) (a) 63v. of the statutes is created to read:

SB420-SSA1,5,9 440.08 (2) (a) 63v. Professional geology, hydrology or soil science firm, partnership or corporation: August 1 of each even-numbered year; $42.

SB420-SSA1, s. 11 Section 11. 440.08 (2) (a) 63w. of the statutes is created to read:

SB420-SSA1,5,12 440.08 (2) (a) 63w. Professional hydrologist: August 1 of each even-numbered year; $42.

SB420-SSA1, s. 12 Section 12. 440.08 (2) (a) 63x. of the statutes is created to read:

SB420-SSA1,5,15 440.08 (2) (a) 63x. Professional soil scientist: August 1 of each even-numbered year; $42.

SB420-SSA1, s. 13 Section 13. Chapter 443 (title) of the statutes is amended to read:

SB420-SSA1,5,17 CHAPTER 443

SB420-SSA1,5,23 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL GEOLOGISTS, PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS

SB420-SSA1, s. 14 Section 14. 443.01 (3) of the statutes is amended to read:

SB420-SSA1,6,3 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.

SB420-SSA1, s. 15 Section 15. 443.01 (3c) of the statutes is renumbered 470.01 (1g) and amended to read:

SB420-SSA1,6,11 470.01 (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.

SB420-SSA1, s. 16 Section 16. 443.01 (6k) of the statutes is renumbered 470.01 (2) and amended to read:

SB420-SSA1,6,19 470.01 (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.

SB420-SSA1, s. 17 Section 17. 443.01 (7e) of the statutes is repealed.

SB420-SSA1, s. 18 Section 18. 443.02 (3m) of the statutes is repealed.

SB420-SSA1, s. 19 Section 19. 443.037 (intro.) of the statutes is repealed.

SB420-SSA1, s. 20 Section 20. 443.037 (1) of the statutes is renumbered 470.04 (2) (b) and amended to read:

SB420-SSA1,7,5 470.04 (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.

SB420-SSA1, s. 21 Section 21. 443.037 (2) (intro.) of the statutes is repealed.

SB420-SSA1, s. 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:

SB420-SSA1,7,14 470.04 (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:

SB420-SSA1,7,17 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.

SB420-SSA1,7,22 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.

SB420-SSA1,8,3 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.

SB420-SSA1,8,12 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.

SB420-SSA1, s. 23 Section 23. 443.037 (3) and (4) of the statutes are repealed.

SB420-SSA1, s. 24 Section 24. 443.08 (1) of the statutes is amended to read:

SB420-SSA1,8,25 443.08 (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.

SB420-SSA1, s. 25 Section 25. 443.08 (2) of the statutes is amended to read:

SB420-SSA1,9,10 443.08 (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).

SB420-SSA1, s. 26 Section 26. 443.08 (3) (a) of the statutes is amended to read:

SB420-SSA1,9,24 443.08 (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).

SB420-SSA1, s. 27 Section 27. 443.08 (4) (a) of the statutes is amended to read:

SB420-SSA1,10,10 443.08 (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.

SB420-SSA1, s. 28 Section 28. 443.08 (4) (b) of the statutes is amended to read:

SB420-SSA1,10,21 443.08 (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).

SB420-SSA1, s. 29 Section 29. 443.08 (5) of the statutes is amended to read:

SB420-SSA1,11,5 443.08 (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.

SB420-SSA1, s. 30 Section 30. 443.09 (title) of the statutes is amended to read:

SB420-SSA1,11,8 443.09 (title) Examinations and experience requirements for architect, landscape architect, geologist and engineer applicants.

SB420-SSA1, s. 31 Section 31. 443.09 (1) of the statutes is amended to read:

SB420-SSA1,11,13 443.09 (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.

SB420-SSA1, s. 32 Section 32. 443.09 (2) of the statutes is amended to read:

SB420-SSA1,11,18 443.09 (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

SB420-SSA1, s. 33 Section 33. 443.09 (4r) of the statutes is repealed.

SB420-SSA1, s. 34 Section 34. 443.09 (5) of the statutes is amended to read: