Amendment SSA1-SB420

SB420-SSA1,30,7 (5) The appropriate section of the examining board shall reduce the 5-year-experience requirement under sub. (2) (c) 1., (3) (c) 1. or (4) (c) 1. to 4 years if an applicant for a license has one or more advanced degrees, approved by the section, in geology, geophysics, geochemistry, hydrology, engineering geology, geotechnical engineering, soil science or a related science.

SB420-SSA1,30,12 (6) The appropriate section of the examining board shall reduce the 7-year-experience requirement under sub. (2) (c) 2., (3) (c) 2. or (4) (c) 2. to 6 years if an applicant for a license has one or more advanced degrees, approved by the section, in hydrology, geology, geophysics, geochemistry, engineering geology, geotechnical engineering, soil science or a related science.

SB420-SSA1,30,16 (7) The appropriate section of the examining board may waive a requirement specified in sub. (2) (b), (3) (b) or (4) (b) if an applicant for a license has professional experience in excess of 5 years that the applicant demonstrates to the satisfaction of the section is substantially equivalent to the requirement.

SB420-SSA1,31,2 470.045 Firms, partnerships and corporations. (1) The practice of professional geology, hydrology or soil science pertaining to the internal operations of a firm, partnership or corporation may be performed by employes if the professional geological, hydrological or soil science services are performed by or under the direct supervision of a professional geologist, hydrologist or soil scientist licensed under this chapter or exempt from licensure under s. 470.025. Licensed or exempt professional geological, hydrological or soil science employes may provide professional geological, hydrological or soil science data with respect to the manufacture, sale and utilization of the products of the firm, partnership or corporation to other licensed or exempt professional geologists, hydrologists or soil scientists.

SB420-SSA1,31,9 (2) The practice or offer to practice professional geology, hydrology or soil science by individual professional geologists, hydrologists or soil scientists licensed 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 professional geologists, hydrologists or soil scientists are licensed under this chapter and if the firm, partnership or corporation has been issued a certificate of authorization under sub. (3).

SB420-SSA1,31,23 (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 licensed to practice professional geology, hydrology or soil science in this state who will be in responsible charge of professional geology, hydrology or soil science being practiced in this state through the firm, partnership or corporation and other relevant information required by the appropriate 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 appropriate section of 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. 470.025 (3).

SB420-SSA1,31,25 (b) The renewal date and renewal fee for certificates of authorization under this section are specified under s. 440.08 (2) (a).

SB420-SSA1,32,6 (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 professional geology, hydrology or soil science be relieved of responsibility for professional geological, hydrological or soil science services performed by reason of his or her employment or relationship with the firm, partnership or corporation.

SB420-SSA1,32,13 (b) All final drawings, specifications, plans, reports or other papers or documents involving the practice of professional geology, hydrology or soil science that are prepared for the use of a firm, partnership or corporation for delivery by it to any person or that are prepared for public record within the state shall be dated and bear the signature and seal of the professional geologist, hydrologist or soil scientist who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 470.025 (3) or (4).

SB420-SSA1,32,20 (5) No firm, partnership or corporation may engage or offer to engage in the practice of professional geology, hydrology or soil science 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 professional geology, hydrology or soil science, nor may it advertise or offer to furnish a professional geological, hydrological or soil science service, unless the firm, partnership or corporation has complied with this chapter.

SB420-SSA1,33,3 470.05 Examination. Beginning no later than January 1, 2000, the appropriate section of the examining board shall conduct or arrange for examinations for licensure as a professional geologist, hydrologist or soil scientist at least semiannually and at times and places determined by the section. Examinations under this section shall require an applicant to demonstrate minimum competency in the principles and practice of subjects substantially related to the practice of professional geology, hydrology or soil science and may consist of one or more written or oral tests, or both.

SB420-SSA1,33,9 470.06 Reciprocal licenses. Upon application and payment of the fee specified in s. 440.05 (2), the appropriate section of the examining board may issue a professional geologist, hydrologist or soil scientist license to a person who has been issued a similar license by another state or territory of the United States or in another country if he or she submits evidence satisfactory to the section of all of the following:

SB420-SSA1,33,12 (1) That, subject to ss. 111.321, 111.322 and 111.335, he or she does not have an arrest or conviction record the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science.

SB420-SSA1,33,14 (2) That the requirements of the other state, territory or country that issued the license are substantially equivalent to the requirements under this chapter.

SB420-SSA1,33,21 470.07 Renewal of licenses. The renewal dates for licenses granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the appropriate section of the examining board that the applicant has completed any continuing education requirements specified in rules promulgated under s. 470.03 (2).

SB420-SSA1,33,25 470.08 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

SB420-SSA1,34,4 (2) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a person issued a license under this chapter, or may deny, limit, suspend or revoke a license under this chapter, if the applicant or license holder has done any of the following:

SB420-SSA1,34,6 (a) Made a material misstatement in an application for a license or for renewal of a license.

SB420-SSA1,34,9 (b) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an offense the circumstances of which substantially relate to the practice of professional geology, hydrology or soil science.

SB420-SSA1,34,12 (c) Been adjudicated mentally incompetent by a court of competent jurisdiction. A certified copy of the record of an adjudication of incompetency is conclusive evidence of incompetence under this paragraph.

SB420-SSA1,34,13 (d) Advertised in a manner that is false, deceptive or misleading.

SB420-SSA1,34,14 (e) Advertised, practiced or attempted to practice under another's name.

SB420-SSA1,34,17 (f) Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of professional geology, hydrology or soil science while the person's ability to engage in the practice was impaired by alcohol or other drugs.

SB420-SSA1,34,19 (g) Violated any requirement or standard relating to the practice of professional geology, hydrology or soil science established by the examining board by rule.

SB420-SSA1,34,22 (h) Engaged in conduct while engaging in the practice of professional geology, hydrology or soil science which evidences a lack of knowledge or ability to apply professional principles or skills.

SB420-SSA1,34,24 (i) Failed to cooperate with the examining board in an investigation under this section.

SB420-SSA1,35,2 (j) Aided another person in violating this chapter or any rule promulgated under this chapter.

SB420-SSA1,35,3 (k) Violated this chapter or any rule promulgated under this chapter.

SB420-SSA1,35,12 (3) The examining board may reprimand a firm, partnership or corporation that holds a certificate of authorization issued under this chapter or may limit, suspend or revoke such a certificate if any of 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 a license under this chapter, unless the firm, partnership or corporation submits evidence satisfactory to the examining board that the agent, employe or officer is no longer practicing or offering to practice professional geology, hydrology or soil science in its behalf.

SB420-SSA1,35,20 (4) Any person may make charges that any holder of a license or certificate of authorization issued under this chapter has committed an act for which a reprimand or limitation, suspension or revocation of registration is authorized under sub. (2). Such charges shall be in writing, 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, subject to the rules promulgated under s. 440.03 (1).

SB420-SSA1,35,24 (5) If, after a hearing under sub. (4), 3 members of a section of the examining board vote in favor of sustaining charges specified in sub. (4), the examining board shall reprimand the holder of the license or certificate of authorization or limit, suspend or revoke the license or certificate.

SB420-SSA1,36,6 (6) The examining board, for reasons the appropriate section of the examining board considers sufficient, may reissue a license or certificate of record to any person whose certificate has been revoked if 3 members of the section vote in favor of the reissuance. Subject to the rules of the examining board, the examining board may, upon payment of the required fee, issue a new license or certificate of authorization to replace any license or certificate that is revoked, lost, destroyed or mutilated.

SB420-SSA1,36,11 470.09 Penalties. (1) A person who violates this chapter or any rule promulgated under this chapter may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for the 2nd or any later offense within a year. Each day of continued violation constitutes a separate offense.

SB420-SSA1,36,13 (2) A person who wilfully violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000.

SB420-SSA1, s. 63 Section 63. 703.11 (2) (b) of the statutes is amended to read:

SB420-SSA1,36,19 703.11 (2) (b) A survey of the property described in the declaration complying with minimum standards for property surveys adopted by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors and showing the location of any unit or building located or to be located on the property.

SB420-SSA1, s. 64 Section 64 . Nonstatutory provisions.

SB420-SSA1,36,21 (1) Definitions. In this section:

SB420-SSA1,36,23 (a) "Professional geologist section" means the professional geologist section of the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,37,3 (b) "Professional hydrologist section" means the professional hydrologist section of the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,37,6 (c) "Professional soil scientist section" means the professional soil scientist section of the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,37,11 (2) Initial appointments. Notwithstanding the length of terms specified in section 15.405 (2m) (a) (intro.) of the statutes, as created by this act, the initial members of the examining board of professional geologists, hydrologists and soil scientists shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

SB420-SSA1,37,13 (a) One professional geologist, one professional hydrologist and one professional soil scientist, for terms expiring on July 1, 2000.

SB420-SSA1,37,15 (b) One professional geologist, one professional hydrologist, one professional soil scientist and one public member, for terms expiring on July 1, 2001.

SB420-SSA1,37,17 (c) One professional geologist, one professional hydrologist, one professional soil scientist and one public member, for terms expiring on July 1, 2002.

SB420-SSA1,37,18 (d) One public member, for a term expiring on July 1, 2003.

SB420-SSA1,37,19 (3) Transitional provisions.

SB420-SSA1,37,21 (a) Notwithstanding section 470.04 of the statutes, as created by this act, the professional geologist, hydrologist or soil scientist section shall do all of the following:

SB420-SSA1,38,2 1. Issue a professional geologist license to an individual who holds a valid certificate of registration as a professional geologist by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors under section 443.10 (2) (c), 1995 stats., that was granted before the effective date of this subdivision.

SB420-SSA1,38,5 2. Issue a professional hydrologist license or a professional soil scientist license to an individual who, subject to sections 111.321, 111.322 and 111.335 of the statutes, does not have an arrest or conviction record, and who does all of the following:

SB420-SSA1,38,8 a. Submits an application for the license to the department of regulation and licensing no later than the first day of the 6th month beginning after the effective date of this subdivision 2. a.

SB420-SSA1,38,9 b. Pays the fee specified in section 440.05 (1) of the statutes.

SB420-SSA1,38,13 c. Submits evidence satisfactory to the professional hydrologist or soil scientist section that he or she has a bachelor's degree, and at least 30 semester hours or 45 quarter hours of course credits related to hydrology, water resources or soil science, from a college or university approved by the section.

SB420-SSA1,38,25 d. Submits evidence satisfactory to the professional hydrologist or soil scientist section that, after completing the educational requirements specified in subdivision 2. c ., the individual has completed at least 5 years of professional experience in hydrologic or soil science work of a character satisfactory to the section that demonstrates that the applicant is qualified to assume responsible charge of hydrologic or soil science work. At least 2 years of the hydrologic or soil science work required under this subdivision 2. d. must have been performed under the supervision of a person whom the section determines is qualified to have responsible charge of hydrologic or soil science work. The 5 year's experience requirement in this subdivision 2. d. shall be reduced to 4 years if the individual has one or more advanced degrees, approved by the section, in hydrology or soil science or a geological science that is related to hydrology or soil science.

SB420-SSA1,39,3 e. Submits to the section letters of recommendation from 5 persons. At least 3 letters shall be from individuals who have personal knowledge of the experience in hydrologic or soil science work of the individual applying for licensure.

SB420-SSA1,39,8 (b) Notwithstanding section 470.045 (2) and (3) of the statutes, as created by this act, the professional geologist section shall issue a professional geology firm, partnership or corporation certificate of authorization to a firm, partnership or corporation that was granted a certificate of authorization under section 443.08 (3) (a), 1995 stats., by the section before the effective date of this paragraph.

SB420-SSA1,39,17 (c) A license issued under paragraph (a) shall have the same force and effect as a professional geologist, hydrologist or soil scientist license that is issued under section 470.04 of the statutes, as created by this act, and may be renewed under section 470.07 of the statutes, as created by this act. A professional geology firm, partnership or corporation certificate of authorization issued under paragraph (b) shall have the same force and effect as a certificate of authorization issued by the professional geologist section under section 470.045 (3) (a) of the statutes, as created by this act, and may be renewed under section 470.045 (3) (b) of the statutes, as created by this act.

SB420-SSA1,40,2 (4) Emergency rules. Using the procedure under section 227.24 of the statutes, the examining board of professional geologists, hydrologists and soil scientists may promulgate rules required under section 470.03 (1) (a), (b) and (c) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 470.03 (1) (a), (b) and (c) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the examining board of professional geologists, hydrologists and soil scientists need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

SB420-SSA1,40,10 (5) Transfer of authority and records between examining boards. During the period beginning on the effective date of this subsection and ending on the first day of the 6th month beginning after the effective date of this subsection, the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors shall cooperate with the professional geologist, hydrologist and soil scientist sections in providing orderly and efficient transfers under this subsection. On the first day of the 6th month beginning after the effective date of this subsection, all of the following apply:

SB420-SSA1,40,15 (a) The assets and liabilities of the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors pertaining to the regulation of professional geologists, hydrologists or soil scientists shall become the assets and liabilities of the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,40,20 (b) All tangible personal property, including records, of the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors pertaining to the regulation of professional geologists, hydrologists or soil scientists is transferred to the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,41,9 (c) All rules pertaining to the regulation of professional geologists, hydrologists or soil scientists that have been promulgated by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors and that are in effect shall become rules of the examining board of professional geologists, hydrologists and soil scientists and shall remain in effect until their specified expiration dates or until amended or repealed by the examining board of professional geologists, hydrologists and soil scientists. All orders pertaining to the regulation of professional geologists, hydrologists or soil scientists that have been issued by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors and that are in effect shall become orders of the examining board of professional geologists, hydrologists and soil scientists and shall remain in effect until their specified expiration dates or until modified or rescinded by the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1,41,18 (d) Any matter relating to the regulation of professional geologists, hydrologists or soil scientists that is pending with the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors is transferred to the examining board of professional geologists, hydrologists and soil scientists, and all materials submitted to or actions taken by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors with respect to the pending matter are considered to have been submitted to or taken by the examining board of professional geologists, hydrologists and soil scientists.

SB420-SSA1, s. 65 Section 65. Effective dates. This act takes effect on January 1, 1999, except as follows:

SB420-SSA1,41,21 (1) Section 64 of this act takes effect on the day after publication.

SB420-SSA1,41,22 (End)