2011 Wisconsin Act 146

146,158 Section 158. 440.21 (4) (a) of the statutes is amended to read:

440.21 (4) (a) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

146,159 Section 159. 440.21 (4) (b) of the statutes is amended to read:

440.21 (4) (b) Any Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

146,160 Section 160. 440.26 (2) (c) 5. of the statutes is created to read:

440.26 (2) (c) 5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub. (6) (a) 1. to 5.

146,161 Section 161. 440.26 (4) of the statutes is amended to read:

440.26 (4) Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department. The person shall maintain the bond or liability policy during the period that the license is in effect.

146,162 Section 162. 440.26 (5m) (am) of the statutes is created to read:

440.26 (5m) (am) The department may refuse to issue a private security permit to a person who has been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322, and 111.335.

146,163 Section 163. 440.26 (6) (a) 5. of the statutes is created to read:

440.26 (6) (a) 5. Failed to maintain a bond or liability policy as required under sub. (4).

146,164 Section 164. 440.91 (2) (intro.) of the statutes is amended to read:

440.91 (2) (intro.) Except as provided in sub. (10), every person that individual who sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board. A person An individual may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board that the person individual is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board, in such form as the board prescribes, all of the following information:

146,165 Section 165. 440.91 (2) (a) of the statutes is amended to read:

440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.

146,166 Section 166. 440.91 (8) of the statutes is repealed.

146,167 Section 167. 443.01 (2) of the statutes is amended to read:

443.01 (2) "Engineer-in-training" means a person who is a graduate in an engineering curriculum of 4 years or more from a school or college approved by the professional engineer section of the examining board as of satisfactory standing, or a person who has had 4 years or more of experience in engineering work of a character satisfactory to the examining board professional engineer section; and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to the completion of the requisite years in engineering work, as provided in s. 443.05, and who has been granted a certificate of record by the examining board professional engineer section stating that the person has successfully passed this portion of the professional examinations.

146,168 Section 168. 443.015 (title) of the statutes is amended to read:

443.015 (title) Examining board to establish continuing education requirements; promulgate rules.

146,169 Section 169. 443.015 of the statutes is renumbered 443.015 (1) and amended to read:

443.015 (1) The Each section of the examining board may establish continuing education requirements for renewal of a credential issued by that section under this chapter.

146,170 Section 170. 443.015 (2) of the statutes is created to read:

443.015 (2) Each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.

146,171 Section 171. 443.03 (1) (intro.) of the statutes is amended to read:

443.03 (1) (intro.) An applicant for registration as an architect shall submit as satisfactory evidence to the architect section of the examining board all of the following:

146,172 Section 172. 443.03 (1) (a) of the statutes is amended to read:

443.03 (1) (a) That he or she has acquired a thorough knowledge of sound construction, building hygiene, architectural design and mathematics; and.

146,173 Section 173. 443.03 (1) (b) (intro.) of the statutes is created to read:

443.03 (1) (b) (intro.) One of the following:

146,174 Section 174. 443.03 (1) (b) 1. of the statutes is renumbered 443.03 (1) (b) 1m. and amended to read:

443.03 (1) (b) 1m. A diploma of graduation, or a certificate, from an architectural school or college approved by the examining board architect section as of satisfactory standing, together with at least 2 years' practical experience of a character satisfactory to the examining board architect section in the design and construction of buildings; or.

146,175 Section 175. 443.03 (1) (b) 2. of the statutes is amended to read:

443.03 (1) (b) 2. A specific record of 7 or more years of experience in architectural work of a character satisfactory to the examining board architect section in the design and construction of buildings.

146,176 Section 176. 443.03 (2) of the statutes is amended to read:

443.03 (2) Graduation in architecture from a school or college approved by the examining board architect section as of satisfactory standing shall be considered as equivalent to 5 years of experience, and the completion satisfactory to the examining board architect section of each year of work in architecture in such school or college without graduation shall be considered equivalent to one year of experience. Graduation in a course other than architecture from a school or college approved by the examining board architect section as of satisfactory standing shall be considered as equivalent to not more than 4 years of experience.

146,177 Section 177. 443.035 (intro.) of the statutes is amended to read:

443.035 Registration requirements for landscape architects. (intro.) The landscape architect section of the examining board shall register as a landscape architect an individual who does all of the following:

146,178 Section 178. 443.035 (1) of the statutes is amended to read:

443.035 (1) Submits to the department evidence satisfactory to the examining board landscape architect section of any of the following:

(a) That he or she has a bachelor's degree in landscape architecture, or a master's degree in landscape architecture, from a curriculum approved by the examining board landscape architect section and has at least 2 years of practical experience in landscape architecture of a character satisfactory to the examining board landscape architect section.

(b) That he or she has a specific record of at least 7 years of training and experience in the practice of landscape architecture including at least 2 years of courses in landscape architecture approved by the examining board landscape architect section, and 4 years of practical experience in landscape architecture of a character satisfactory to the examining board landscape architect section.

146,179 Section 179. 443.04 of the statutes is amended to read:

443.04 Registration requirements for professional engineers. An applicant for registration as a professional engineer shall submit satisfactory evidence to the professional engineer section of the examining board of all of the following:

(1m) A diploma of graduation, or a certificate, from an engineering school or college approved by the examining board professional engineer section as of satisfactory standing in an engineering course of not less than 4 years or a diploma of graduation or degree from a technical college approved by the examining board professional engineer section as of satisfactory standing in an engineering-related course of study of not less than 2 years.

(2m) (a) For an applicant possessing a diploma or certificate from a course of study of not less than 4 years as specified in sub. (1m), a specific record of 4 or more years of experience in engineering work of a character satisfactory to the examining board professional engineer section and indicating that the applicant is competent to be placed in responsible charge of engineering work.

(b) For an applicant possessing a diploma or degree from a course of study of not less than 2 years as specified in sub. (1m), a specific record of 6 or more years of experience in engineering work of a character satisfactory to the examining board professional engineer section and indicating that the applicant is competent to be placed in responsible charge of engineering work.

146,180 Section 180. 443.05 (1) (intro.), (a) and (b) and (2) of the statutes are amended to read:

443.05 (1) An applicant for certification as an engineer-in-training shall submit as satisfactory evidence to the professional engineer section of the examining board as follows one of the following:

(a) A diploma of graduation in engineering or a certificate in engineering from a school or college approved by the examining board professional engineer section as of satisfactory standing, or.

(b) A specific record of 4 years or more of experience in engineering work of a character satisfactory to the examining board professional engineer section.

(2) Graduation in engineering from a school or college approved by the examining board professional engineer section as of satisfactory standing shall be considered as equivalent to 4 years of experience and the completion satisfactory to the examining board professional engineer section of each year of work in engineering in such school or college without graduation shall be considered as equivalent to one year of experience. Graduation in a course other than engineering from a school or college approved by the examining board professional engineer section as of satisfactory standing shall be considered as equivalent to 2 years of experience. No applicant may receive credit for more than 4 years of experience under this subsection.

146,181 Section 181. 443.06 (1) (a) of the statutes is amended to read:

443.06 (1) (a) Application for registration as a land surveyor or a permit to practice shall be made to the section under oath, on forms provided by the department, which shall require the applicant to submit such information as the land surveyor section of the examining board deems necessary. The land surveyor section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, shall be entitled to be registered or issued a permit to practice as land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

146,182 Section 182. 443.06 (2) (intro.) of the statutes is amended to read:

443.06 (2) Requirements; certificate of registration. (intro.) The land surveyor section may grant a certificate of registration as a land surveyor to any person who has submitted to it an application, the required fees, and one or more of the following:

146,183 Section 183. 443.06 (3) of the statutes is amended to read:

443.06 (3) Permit to practice. The examining board land surveyor section may grant a permit to practice land surveying during the time an application is pending to a person who is not registered in this state, if the person has submitted an application for registration as a land surveyor and paid the required fee and holds an unexpired certificate which in the opinion of the examining board land surveyor section meets the requirements of sub. (2). The permit shall be revocable by the land surveyor section at its pleasure.

146,184 Section 184. 443.07 (1) (intro.) of the statutes is amended to read:

443.07 (1) (intro.) An applicant for a permit as a designer shall submit as evidence satisfactory to the designer section of the examining board indicating one of the following to indicate that he or she is competent to be in charge of such work as follows:

146,185 Section 185. 443.07 (1) (a) of the statutes is amended to read:

443.07 (1) (a) A specific record of 8 years or more of experience in specialized engineering design work and the satisfactory completion of a written examination in the field or branch, as determined by the board designer section, in which certification is sought; or.

146,186 Section 186. 443.07 (3) of the statutes is amended to read:

443.07 (3) Permits shall be granted, designated, and limited to the fields and subfields of technology as are determined by the examining board designer section and recognized in engineering design practice. Any person holding a permit may prepare plans and specifications and perform consultation, investigation, and evaluation in connection with the making of plans and specifications, within the scope of the permit, notwithstanding that such activity constitutes the practice of architecture or professional engineering under this chapter.

146,187 Section 187. 443.07 (5) of the statutes is amended to read:

443.07 (5) The permit shall, on its face, restrict the holder thereof to the specific field and subfields of designing in which the permittee acquired his or her experience in designing. If qualified in more than one type of designing, persons may receive permits for more than one field or subfield of designing as may be determined by the examining board designer section.

146,188 Section 188. 443.08 (1) of the statutes is renumbered 443.08 (1) (a) and amended to read:

443.08 (1) (a) The practice of architecture or professional engineering pertaining to the internal operations of a firm, partnership, or corporation may be performed by employees if the architectural or professional engineering services are performed by or under the direct supervision of architects or professional engineers registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt architectural or professional engineering employees may provide architectural 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 or professional engineers.

146,189 Section 189. 443.08 (1) (b) of the statutes is created to read:

443.08 (1) (b) The practice of professional engineering pertaining to the internal operations of a firm, partnership, or corporation may be performed by employees if the professional engineering services are performed by or under the direct supervision of professional engineers registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt professional engineering employees may provide 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 professional engineers.

146,190 Section 190. 443.08 (2) of the statutes is renumbered 443.08 (2) (a) (intro.) and amended to read:

443.08 (2) (a) (intro.) The No individual architect registered under this chapter may practice of or the offer to practice architecture, professional engineering or designing by individual architects, professional engineers or designers registered or granted a permit under this chapter, through a firm, partnership or corporation as principals, officers, employees or agents, is permitted subject to this chapter, if a principal, officer, employee, or agent of a firm, partnership, or corporation unless all of the following are satisfied:

1. All personnel who practice or offer to practice in its behalf as architects, professional engineers or designers are registered or granted a permit under this chapter and if the.

2. The firm, partnership, or corporation has been issued a certificate of authorization under sub. (3) (a) 1.

146,191 Section 191. 443.08 (2) (b) of the statutes is created to read:

443.08 (2) (b) No individual professional engineer registered under this chapter may practice or offer to practice professional engineering as a principal, officer, employee, or agent of a firm, partnership, or corporation unless all of the following are satisfied:

1. All personnel who practice or offer to practice in its behalf as professional engineers are registered under this chapter.

2. The firm, partnership, or corporation has been issued a certificate of authorization under sub. (3) (a) 2.

146,192 Section 192. 443.08 (2) (c) of the statutes is created to read:

443.08 (2) (c) No individual designer granted a permit under this chapter may practice or offer to practice designing as a principal, officer, employee, or agent of a firm, partnership, or corporation unless all of the following are satisfied:

1. All personnel who practice or offer to practice in its behalf as designers are granted a permit under this chapter.

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

146,193 Section 193. 443.08 (3) (a) of the statutes is renumbered 443.08 (3) (a) 1. and amended to read:

443.08 (3) (a) 1. 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 engineering or designing in this state who will be in responsible charge of architecture, professional engineering or designing being practiced in this state through the firm, partnership, or corporation and other relevant information required by the architect section of 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 architect section shall grant a certificate of authorization to a firm, partnership, or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships, or corporations exempt under s. 443.14 (3) or (5).

146,194 Section 194. 443.08 (3) (a) 2. of the statutes is created to read:

443.08 (3) (a) 2. 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 to practice professional engineering in this state who will be in responsible charge of professional engineering being practiced in this state through the firm, partnership, or corporation and other relevant information required by the professional engineer section of 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 professional engineer section shall grant a certificate of authorization to a firm, partnership, or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships, or corporations exempt under s. 443.14 (3) or (5).

146,195 Section 195. 443.08 (3) (a) 3. of the statutes is created to read:

443.08 (3) (a) 3. 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 granted a permit to practice designing in this state who will be in responsible charge of designing being practiced in this state through the firm, partnership, or corporation and other relevant information required by the designer section of 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 designer section shall grant a certificate of authorization to a firm, partnership, or corporation complying with this subsection upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). This subsection does not apply to firms, partnerships, or corporations exempt under s. 443.14 (3) or (5).