LRB-4937/1
MDK:kmg&kaf:hmh
1997 - 1998 LEGISLATURE
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
1An Act to repeal 443.02 (3m), 443.037, 443.09 (4r), 443.10 (1) (e) and 443.14 (12);
2to renumber and amend 440.08 (2) (a) 37m., 443.01 (3c), 443.01 (6k) and
3443.01 (7e);
to amend 15.405 (2) (intro.), 15.405 (2) (a), 15.405 (2) (b), chapter
4443 (title), 443.01 (3), 443.08 (1), 443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08
5(4) (b), 443.08 (5), 443.09 (title), 443.09 (1), 443.09 (2), 443.09 (5), 443.10 (1) (a),
6443.10 (1) (b), 443.10 (1) (d), 443.10 (2) (a), 443.10 (2) (c), 443.10 (2) (d), 443.10
7(2) (e), 443.11 (title), 443.11 (1) (intro.), 443.11 (1) (c), 443.11 (1) (d), 443.11 (2),
8443.11 (4), 443.11 (6), 443.14 (1), 443.14 (2), 443.14 (3), 443.14 (4), 443.14 (6),
9443.14 (14), 443.16, 443.17, 443.18 (1) (a), 443.18 (2) (a) and 703.11 (2) (b); and
10to create 440.08 (2) (a) 67q., 440.08 (2) (a) 67s. and chapter 470 of the statutes;
11relating to: the registration of professional geologists, hydrologists and soil
1scientists, providing an exemption from emergency rule procedures, granting
2rule-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
1Section
1. 15.405 (2) (intro.) of the statutes is amended to read:
AB827,3,122
15.405
(2) (title)
Examining board of architects, landscape architects,
3professional geologists, professional engineers, designers and land surveyors. 4(intro.) There is created an examining board of architects, landscape architects,
5professional geologists, professional engineers, designers and land surveyors in the
6department of regulation and licensing. Any professional member appointed to the
7examining board shall be registered to practice architecture, landscape architecture,
8professional geology, professional engineering, the design of engineering systems or
9land surveying under ch. 443. The examining board shall consist of the following
10members appointed for 4-year terms: 3 architects, 3 landscape architects,
3
11professional geologists, 3 professional engineers, 3 designers, 3 land surveyors and
1212 10 public members.
AB827, s. 2
13Section
2. 15.405 (2) (a) of the statutes is amended to read:
AB827,3,1914
15.405
(2) (a) In operation, the examining board shall be divided into an
15architect section, a landscape architect section,
a geologist section, an engineer
16section, a designer section and a land surveyor section. Each section shall consist of
17the 3 members of the named profession appointed to the examining board and 2
18public members appointed to the section. The examining board shall elect its own
19officers, and shall meet at least twice annually.
AB827, s. 3
20Section
3. 15.405 (2) (b) of the statutes is amended to read:
AB827,4,4
115.405
(2) (b) All matters pertaining to passing upon the qualifications of
2applicants for and the granting or revocation of registration, and all other matters
3of interest to either the architect, landscape architect,
geologist, engineer, designer
4or land surveyor section shall be acted upon solely by the interested section.
AB827,4,87
440.08
(2) (a) 67p.
Geologist, professional Registered professional geologist:
8August 1 of each even-numbered year; $42.
AB827, s. 5
9Section
5. 440.08 (2) (a) 67q. of the statutes is created to read:
AB827,4,1110
440.08
(2) (a) 67q. Registered professional hydrologist: August 1 of each
11even-numbered year; $42.
AB827, s. 6
12Section
6. 440.08 (2) (a) 67s. of the statutes is created to read:
AB827,4,1413
440.08
(2) (a) 67s. Registered professional soil scientist: August 1 of each
14even-numbered year; $42.
AB827, s. 7
15Section
7. Chapter 443 (title) of the statutes is amended to read:
AB827,4,2217
EXAMINING BOARD OF
18
ARCHITECTS, LANDSCAPE
19
ARCHITECTS,
PROFESSIONAL
20
GEOLOGISTS, PROFESSIONAL
21
ENGINEERS, DESIGNERS
22
AND LAND SURVEYORS
AB827, s. 8
23Section
8. 443.01 (3) of the statutes is amended to read:
AB827,5,3
1443.01
(3) "Examining board" means the examining board of architects,
2landscape architects,
professional geologists, professional engineers, designers and
3land surveyors.
AB827, s. 9
4Section
9. 443.01 (3c) of the statutes is renumbered 470.01 (1) and amended
5to read:
AB827,5,126
470.01
(1) "Geology" "Geoscience" means the science that involves the study of
7the earth and the earth's origin, composition, structure and physical history,
8including the study of the natural agents, forces and processes that cause changes
9in the earth and the investigation of and collection of data concerning the crust and
10the interior of the earth and the surface and underground gases, solids and fluids
11that make up the earth.
"Geoscience" includes branches that primarily involve
12geology, hydrology or soil science.
AB827, s. 10
13Section
10. 443.01 (6k) of the statutes is renumbered 470.01 (2) and amended
14to read:
AB827,5,2115
470.01
(2) "Practice of professional geology" means the performance of or
the 16offer to perform any geologic service or work in which the public welfare or the
17safeguarding of life, health, environment or property is concerned or involved.
18"Practice of professional geology" includes the collection of geological data,
19consultation, investigation, evaluation, interpretation, planning
, or inspection
of or 20relating to a service or work that applies
the science of that branch of geoscience that
21primarily involves geology.
AB827, s. 11
22Section
11. 443.01 (7e) of the statutes is renumbered 470.01 (5) and amended
23to read:
AB827,6,524
470.01
(5) "Professional geologist" means an individual who, by reason of his
25or her knowledge of
that branch of geoscience that primarily involves geology,
soils,
1mathematics and the physical and life sciences, acquired by
the education and
2practical experience required under this chapter satisfying the requirements
3specified in rules promulgated by the department under s. 470.03 (1) (b), is qualified
4to
engage in the practice of use a title related to professional geology
that is specified
5in s. 470.02 (1).
AB827, s. 12
6Section
12. 443.02 (3m) of the statutes is repealed.
AB827, s. 13
7Section
13. 443.037 of the statutes is repealed.
AB827, s. 14
8Section
14. 443.08 (1) of the statutes is amended to read:
AB827,6,199
443.08
(1) The practice of architecture
, professional geology and professional
10engineering pertaining to the internal operations of a firm, partnership or
11corporation may be performed by employes if the architectural
, professional
12geological or professional engineering services are performed by or under the direct
13supervision of architects
, professional geologists or professional engineers registered
14under this chapter, or persons exempt from registration under s. 443.14. Registered
15or exempt architectural
, professional geological or professional engineering
16employes may provide architectural
, professional geological or professional
17engineering data with respect to the manufacture, sale and utilization of the
18products of the firm, partnership or corporation to other registered or exempt
19architects
, professional geologists or professional engineers.
AB827, s. 15
20Section
15. 443.08 (2) of the statutes is amended to read:
AB827,7,321
443.08
(2) The practice of or the offer to practice architecture,
professional
22geology, professional engineering or designing by individual architects,
professional
23geologists, professional engineers or designers registered or granted a permit under
24this chapter, through a firm, partnership or corporation as principals, officers,
25employes or agents, is permitted subject to this chapter, if all personnel who practice
1or offer to practice in its behalf as architects,
professional geologists, professional
2engineers or designers are registered or granted a permit under this chapter and if
3the corporation has been issued a certificate of authorization under sub. (3).
AB827, s. 16
4Section
16. 443.08 (3) (a) of the statutes is amended to read:
AB827,7,185
443.08
(3) (a) A corporation desiring a certificate of authorization shall submit
6an application to the department on forms provided by the department, listing the
7names and addresses of all officers and directors, and all individuals in its
8employment registered or granted a permit to practice architecture,
professional
9geology, professional engineering or designing in this state who will be in responsible
10charge of architecture,
professional geology, professional engineering or designing
11being practiced in this state through the corporation and other relevant information
12required by the examining board. A similar type of form shall also accompany the
13renewal fee. If there is a change in any of these persons, the change shall be reported
14on the same type of form, and filed with the department within 30 days after the
15effective date of the change. The examining board shall grant a certificate of
16authorization to a corporation complying with this subsection upon payment of the
17fee specified in s. 440.05 (1). This subsection does not apply to corporations exempt
18under s. 443.14 (3) or (5).
AB827, s. 17
19Section
17. 443.08 (4) (a) of the statutes is amended to read:
AB827,8,220
443.08
(4) (a) No firm, partnership or corporation may be relieved of
21responsibility for the conduct or acts of its agents, employes or officers by reason of
22its compliance with this chapter, nor may any individual practicing architecture,
23landscape architecture,
professional geology, professional engineering or designing
24be relieved of responsibility for architectural, landscape architectural,
professional
1geological, professional engineering or designing services performed by reason of his
2or her employment or relationship with the firm, partnership or corporation.
AB827, s. 18
3Section
18. 443.08 (4) (b) of the statutes is amended to read:
AB827,8,134
443.08
(4) (b) All final drawings, specifications, plans, reports or other
5architectural,
geological, engineering or designing papers or documents involving
6the practice of architecture,
professional geology, professional engineering or
7designing, or landscape architectural papers or documents prepared by a landscape
8architect registered under this chapter, prepared for the use of the corporation, for
9delivery by it to any person or for public record within the state shall be dated and
10bear the signature and seal of the architect, landscape architect,
professional
11geologist, professional engineer or designer who was in responsible charge of their
12preparation. This paragraph does not apply to persons exempt under s. 443.14 (3),
13(4) or (5).
AB827, s. 19
14Section
19. 443.08 (5) of the statutes is amended to read:
AB827,8,2215
443.08
(5) No firm, partnership or corporation may engage in the practice of
16or offer to practice architecture,
professional geology, professional engineering or
17designing in this state, or use in connection with its name or otherwise assume, use
18or advertise any title or description tending to convey the impression that it is
19engaged in the practice of architecture,
professional geology, professional
20engineering or designing, nor may it advertise or offer to furnish an architectural,
21professional geological, professional engineering or designing service, unless the
22firm, partnership or corporation has complied with this chapter.
AB827, s. 20
23Section
20. 443.09 (title) of the statutes is amended to read:
AB827,8,25
24443.09 (title)
Examinations and experience requirements for architect,
25landscape architect, geologist and engineer applicants.
AB827, s. 21
1Section
21. 443.09 (1) of the statutes is amended to read:
AB827,9,52
443.09
(1) In considering the qualifications of an applicant as an architect,
3landscape architect
, professional geologist or professional engineer, responsible
4charge of architectural, landscape architectural
, geological or engineering teaching
5may be construed as experience.
AB827, s. 22
6Section
22. 443.09 (2) of the statutes is amended to read:
AB827,9,107
443.09
(2) Subject to ss. 111.321, 111.322 and 111.335, no person who has an
8arrest or conviction record is eligible for registration as an architect, a landscape
9architect
, a professional geologist or a professional engineer, or certification as an
10engineer-in-training
AB827, s. 23
11Section
23. 443.09 (4r) of the statutes is repealed.
AB827, s. 24
12Section
24. 443.09 (5) of the statutes is amended to read:
AB827,9,2513
443.09
(5) Written or written and oral examinations shall be held at such time
14and place as the examining board determines. The scope of the examinations and
15the methods of procedure shall be prescribed by the examining board with special
16reference to the applicant's ability to design and supervise architectural, landscape
17architectural
, geological or engineering work, which shall promote the public welfare
18and ensure the safety of life, health and property. The architect and professional
19engineering examination or examinations shall include questions which require
20applicants to demonstrate knowledge of the design needs of people with physical
21disabilities and of the relevant statutes and codes. Such questions shall be developed
22by the examining board in consultation with the department of commerce. The
23examination for candidates under s. 443.04 (1) (c) shall be the principles and practice
24examination which requires the applicant to demonstrate the ability to apply
25engineering principles and judgment to problems in general engineering disciplines
1and to demonstrate knowledge of the design needs of people with physical disabilities
2and the relevant statutes, rules and regulations. A candidate failing an examination
3may, upon application and payment of the required reexamination fee, be examined
4again by the examining board. No restrictions may be placed on the number of times
5an unsuccessful candidate may be reexamined, except that after failure of 3
6reexaminations, the examining board may require a one-year waiting period before
7further reexamination.
AB827, s. 25
8Section
25. 443.10 (1) (a) of the statutes is amended to read: