SB156: Bill Text

LRB-2146/1

MED:amn

2019 - 2020 LEGISLATURE

2019 Senate BILL 156

April 4, 2019 - Introduced by Senators Kooyenga, Marklein and Jacque, cosponsored by Representatives Kulp, Tusler, Anderson, Thiesfeldt, Spiros, Skowronski and Brooks. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB156,1,7 An Act to amend 443.02 (3) and 443.02 (4); and to create 443.015 (1m) of the statutes; relating to: retired credential status for certain professionals holding credentials granted by the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under this bill, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors must promulgate rules to allow a credential holder who is at least 65 years of age or has actively maintained that credential for a minimum of 30 consecutive years and who has retired from professional practice and no longer engages in that practice to apply to the board to classify his or her credential as retired. Such a credential holder is exempt from continuing education requirements and may maintain his or her professional title but may not engage in the relevant practice. Also, under the bill, such a credential holder must pay only one-half of the applicable renewal fee to maintain his or her professional credential.

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:

SB156,1 Section 1. 443.015 (1m) of the statutes is created to read:

SB156,2,10 443.015 (1m) (a) Each section of the examining board shall promulgate rules to allow the holder of a credential under this chapter who is at least 65 years of age or has actively maintained that credential for at least 30 consecutive years and who certifies that he or she has retired from and no longer engages in the practice for which he or she holds the credential to apply to the board to classify that credential as retired status. The rules shall also allow the holder of a credential so classified to apply to the appropriate section of the examining board to remove the retired status classification if he or she satisfies reinstatement requirements established by the appropriate section of the examining board by rule.

SB156,2,13 (b) Any rules a section of the examining board promulgates under sub. (1) shall exempt a credential holder whose credential is classified as retired status under par. (a) from continuing education requirements.

SB156,2,15 (c) 1. A credential holder whose credential is classified as retired status under par. (a) may not engage in the practice for which he or she holds that credential.

SB156,2,19 2. A credential holder whose credential is classified as retired status under par. (a) may continue to use a title in connection with that credential if he or she clearly indicates to the public that he or she is retired, including by placing the abbreviation “Ret." or similar appellation after his or her title.

SB156,3,3 (d) The renewal fee for a credential holder whose credential is classified as retired status under par. (a) shall be one-half of the usual renewal fee that otherwise applies.

SB156,2 Section 2. 443.02 (3) of the statutes is amended to read:

SB156,3,11 443.02 (3) No Except as provided under s. 443.015 (1m) (c), no person may offer to practice architecture, landscape architecture, or professional engineering or use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an architect, landscape architect, or professional engineer or advertise to furnish architectural, landscape architectural, or professional engineering services unless the person has been duly registered or has in effect a permit under s. 443.10 (1) (d).

SB156,3 Section 3. 443.02 (4) of the statutes is amended to read:

SB156,3,17 443.02 (4) No Except as provided under s. 443.015 (1m) (c), no person may engage in or offer to engage in the practice of professional land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a professional land surveyor unless the person has been granted a license under this chapter to engage in the practice of professional land surveying.

SB156,4 Section 4 . Nonstatutory provisions.

SB156,4,3 (1) The examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors may promulgate emergency rules under s. 227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2021, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB156,5 Section 5. Effective dates. This act takes effect on the first day of the 10th month beginning after publication, except as follows:

SB156,4,6 (1) Section 4 (1 ) of this act takes effect on the day after publication.

SB156,4,7 (End)