Engineers and land surveyors-amendments.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0030

HOUSE BILL
NO.
HB0020

Engineers and land surveyors-amendments.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to engineers and land surveyors; amending provisions relating to licensure of engineers and land surveyors; providing for electronic filings; modifying name of licensing board; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
‑
1
‑
901, 9
‑
2
‑
1032(d), 15
‑
1
‑
202(a)(i), 15
‑
1
‑
415(b)(ii), 18
‑
3
‑
704(a)(i) and (iv), 24
‑
1
‑
132(d), 24
‑
2
‑
110(f)(i), 30
‑
5
‑
108, 33
‑
4
‑
117(b)(iii), 33
‑
29
‑
114(a)(i), (ii), (iv), (v), (vi), (viii) and (ix), 33
‑
29
‑
115(a)(intro) and (c), 33
‑
29
‑
116(b), 33
‑
29
‑
119(c)(i) through (iii), (ix), (x) and (d) through (h), 33
‑
29
‑
120(a) and (c), 33
‑
29
‑
121, 33
‑
29
‑
124, 33
‑
29
‑
125(a)(intro), (ii), (iv), (b)(intro), (i), (iii), by creating a new paragraph (v) and amending and renumbering (v) as (vi), 33
‑
29
‑
126(a)(intro), (ii) through (iv), (b)(intro), (ii) through (iv), (c)(ii), (iii) and (d), 33
‑
29
‑
127(a) and (b), 33
‑
29
‑
128(a)(intro), 33
‑
29
‑
129, 33
‑
29
‑
130, 33
‑
29
‑
131, 33
‑
29
‑
132(a)(i), (ii), (iv), (b)(intro), (ii)(A), (C), (iv), (v), (vii) and (c) through (e), 33
‑
29
‑
134(a) through (e), 33
‑
29
‑
135, 33
‑
29
‑
136(a)(ii) and (iii), 33
‑
29
‑
137(a)(i) through (iv), 33
‑
29
‑
138, 33
‑
29
‑
139(a)(intro) and by creating a new paragraph (x), 33
‑
29
‑
147, 33
‑
41
‑
117(a)(iv), 35
‑
11
‑
304(a)(iv), 41
‑
3
‑
114(d), 41
‑
3
‑
308(a) and 41
‑
3
‑
309(a) are amended to read:

9
‑
1
‑
901.

Qualifications.

The state engineer shall have theoretical knowledge and practical and managerial skill and experience which fits him for the position and shall have at least two (2) years of engineering practice and experience in the state and shall be a
registered
licensed
professional engineer.

9
‑
2
‑
1032.

Contract procedure.

(d)

Each contract for professional services entered into by the principal representative shall contain a prohibition against gratuities, kickbacks and contingent fees. The architect,
registered
licensed
land surveyor or professional engineer shall certify under oath that he has not in any way been involved in any gratuities, kickbacks, or contingent fees in connection with his selection or ultimate performance of this contract.

15
‑
1
‑
202.

Survey, map and census; contents; affidavits.

(a)

Any person intending to apply for the incorporation of a town shall:

(i)

Have prepared an accurate survey and map of the territory intended to be embraced within its limits, which shall be made by a land surveyor
registered
licensed
under the laws of Wyoming and shall show the courses and distances of the boundaries of the territory, the quantity of land embraced and be accompanied by the affidavit of the surveyor;

15
‑
1
‑
415.

Additions to cities or towns by subdividing landowners; plat requirements; filing and effect thereof; controlling layout of streets.

(b)

The plat shall:

(ii)

Have appended a survey made by a land surveyor
registered
licensed
under the laws of this state with a certificate that he has accurately surveyed the addition, and that the parts thereof are accurately staked off and marked with an appropriate metal monument including magnetic iron, inscribed at least with the registration number of the land surveyor to provide source identification, at all lot corners and survey control points of the addition.

18
‑
3
‑
704.

Establishment of lost corners.

(a)

Whenever the location of any monument which marks the corner of any tract or tracts of land is in dispute between the owners of the adjoining lands, the monument shall be established as follows:

(i)

The county surveyor of the county in which the corner is located or any
registered
licensed
land surveyor employed by one of the landowners shall immediately give notice in writing to all parties interested in the establishment of the corner, giving at least thirty (30) days notice and naming a day when he will make the necessary surveys to establish or restore the corner. If written notice cannot be made upon the owners or their agents because of nonresidence, then the notice shall be published once each week for four (4) consecutive weeks in a newspaper published in the county, or if there is no newspaper published in the county then in a newspaper of general circulation published nearest such county;

(iv)

Any
registered
licensed
land surveyor rendering service under this section is entitled to fees and other incident expense to be collected equally from all interested parties.

24
‑
1
‑
132.

Contracts for county bridge work; bids; exception.

(d)

All bridges to be constructed shall be designed by a professional engineer who holds a valid
certificate of registration
license
granted by the
state
Wyoming
board of
examining
professional
engineers
of the state of Wyoming
and land surveyors
. Plans and specifications shall be prepared in accordance with the provisions of W.S. 24
‑
2
‑
106.

24
‑
2
‑
110.

Cooperation with counties in construction of county roads; allocation of costs; state-county road construction account established.

(f)

There is created a Wyoming county road standards committee appointed by the governor consisting of:

(i)

Three (3) members nominated by the Wyoming county commissioners association, one (1) of whom shall be a
registered
licensed
professional engineer;

30
‑
5
‑
108.

State oil and gas supervisor; appointment; duties; authority of commission to appoint other employees; payment of traveling and living expenses.

To enable the commission to carry out its duties and powers under the laws of this state with respect to conservation of oil and gas, and to enforce the rules and regulations so prescribed, the commission shall appoint one (1) chief administrator who shall be a qualified and
registered
licensed
professional petroleum engineer or petroleum geologist who shall be designated and known as the "State Oil and Gas Supervisor." Such supervisor shall hold office at the pleasure of the commission and shall receive a salary, to be fixed by the commission. The state oil and gas supervisor shall be charged with such duties as are delegated by the commission, and in addition thereto he shall investigate charges and complaints of violation of the laws of this state with respect to conservation of oil and gas, and any order, rules and regulation of the commission made in connection therewith, and report concerning all such violations to the commission. The commission may at any time, when it finds that the public interest will be served thereby appoint such other employees as are found to be necessary, to assist the commission and the state oil and gas supervisor in the discharge of their respective duties. All employees or assistants authorized by this act shall be paid their necessary traveling and living expenses when traveling on official business, at such rates and within such limits as may be fixed by the commission, subject to existing law.

33
‑
4
‑
117.

Exemptions.

(b)

Nothing in this act shall be construed:

(iii)

To prevent the independent employment of a
registered
licensed
professional engineer for any professional service related solely to civil, structural, mechanical or electrical engineering in connection with any building or building project.

33
‑
29
‑
114.

Definitions.

(a)

As used in this act:

(i)

"Board" means the
state
Wyoming
board of
registration for
professional engineers and professional land surveyors;

(ii)

"Engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as attested by his
registration
licensure
as a professional engineer;

(iv)

"Engineer
‑
in
‑
training"
"Engineer intern"
means a candidate for
registration
licensure
as a professional engineer who is a graduate in an approved engineering curriculum of four (4) or more years at a school approved by the board
.

or, until June 30, 1991, who has eight (8) years or more of education or experience in engineering work which meets the standards specified by the board.
In addition the candidate shall have passed the
engineer
‑
in
‑
training
fundamentals of engineering
examination;

(v)

"Land surveyor" means a person who by reason of his knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education and practical experience is qualified to practice land surveying as attested by his
registration
licensure
as land surveyor;

(vi)

"Land surveyor
‑
in
‑
training"
"Land surveyor intern"
means a candidate for
registration
licensure
as a professional land surveyor who is a graduate of a school and curriculum approved by the board, or who has six (6) to eight (8) years or more of education or experience, or both, in land surveying work in a combination which meets standards specified by the board. In addition, the candidate shall have passed the
land surveyor
‑
in
‑
training
fundamentals of land surveying
examination;

(viii)

"Registrant"
"Licensee"
means any person
registered
licensed
with the board under this act;

(ix)

"This act" means W.S. 33
‑
29
‑
114 through
33
‑
29
‑
139
33
‑
29
‑
149
.

33
‑
29
‑
115.

Creation of board.

(a)

The
state
Wyoming
board of
registration for
professional engineers and professional land surveyors is created to consist of six (6) members appointed by the governor for a term of four (4) years plus the state engineer who shall serve during his term in office. The board shall be composed of:

(c)

The governor may remove a member of the board as provided in W.S. 9
‑
1
‑
202. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term.
The governor shall appoint by July 1, 1987, the professional land surveyor member of the board to take office July 1, 1987, and to serve until March 31, 1991, and the public member of the board to take office on July 1, 1987, and to serve until March 31, 1989. Members of the board under the former provisions of W.S. 33
‑
29
‑
101 shall continue as members of the board under this section until expiration of their terms.

33
‑
29
‑
116.

Qualifications of board members.

(b)

Each member who is an engineer or land surveyor shall have had at least ten (10) years active professional experience
as a professional engineer or land surveyor
as attested by
registration
licensure
under this
chapter
act
.

33
‑
29
‑
119.

Powers and duties of board.

(c)

Powers and duties of the board include the following:

(i)

Adopt an official seal for attestation of
certificates of registration
licensure
and other official papers and documents;

(ii)

Consider and pass upon applications for
registration
licensure
;

(iii)

Examine, certify, renew and recertify for
registration
licensure
of duly qualified individuals;

(ix)

Keep a register which shall show the date of each application for
registration
licensure
, the name of the applicant, the practice or branch of practice in which the applicant has applied for
registration
licensure
and the disposition of the application;

(x)

Determine and collect reasonable
registration
licensure
and renewal fees
not to exceed two hundred dollars ($200.00) each
as established by the rules and regulations of the board;

(d)

The board shall specify on the certificate of
registration
licensure
and renewal card issued to each
registered
licensed
engineer the branch of engineering in which the engineer has demonstrated proficiency and authorize him to use the title of
registered
licensed
professional engineer. The board shall decide what branches of engineering shall be recognized.

(e)

The board may hold membership in and be represented at national councils or organizations of professions
registered
licensed
under this act and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.

(f)

The board may employ persons as it deems necessary to administer and enforce this act including persons paid on a fee basis to prepare and grade examinations given to applicants for
registration
licensure
and to fix the fee to be paid for the services. The employees are authorized to prepare, grade and monitor examinations and perform other services the board authorizes and receive payment therefor.

(g)

The board may adopt a nationally recognized code of ethics for the practice of engineering and land surveying for
registrants
licensees
.

(h)

The board may require evidence it deems necessary to establish the continuing competency of
registrants
licensees
as a condition of renewal of licenses.

33
‑
29
‑
120.

Petition for injunction.

(a)

The district court shall issue an injunction forthwith upon a petition filed as provided in this section to enjoin the practice of engineering or land surveying by any person not
registered
licensed
to practice those occupations or who is not exempt under this act from
registration
licensure
requirements.

(c)

In a petition for injunction pursuant to subsection (a) of this section, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of engineering or land surveying without a
registration
license
and without being exempt under this act from
registration
licensure
requirements. No showing of actual damage or injury shall be required.

33
‑
29
‑
121.

Annual report of board; filing copies of lists of licensees.

In October of each year the board shall make a report to the governor which shall be accompanied by a copy of the list of
registrants
licensees
. A copy of the list shall also be filed with the secretary of state and with the clerk of each county.

33
‑
29
‑
124.

License required for the practice of engineering or land surveying.

(a)

A
person desiring to practice the profession of engineering or land surveying shall
first secure a certificate of registration and shall comply with all conditions prescribed in this act.
be required to:

(i)

Submit evidence to the board showing that the person is qualified to practice the profession of engineering or land surveying; and

(ii)

Be licensed as provided by this act and by rule and regulation of the board.

33
‑
29
‑
125.

Qualifications for intern licensure.

(a)

An applicant for
in
‑
training registration
licensure
as an engineer
intern
shall:

(ii)

Have a bachelor degree in
Be a graduate of
an engineering curriculum
of four (4) years or more accredited by the engineering accreditation commission of the accreditation board for engineering and technology or have an educational background that would be
approved by the board
as the equivalent to that accredited curriculum for a bachelor's degree
;
or
and

(iv)

Unless exempt under W.S. 33
‑
29
‑
130(c), pass the
engineer-in-training
fundamentals of engineering
examination.

(b)

An applicant for
in
‑
training registration
licensure
as a land surveyor
intern
shall:

(i)

Be of good moral character and repute; and
either

(iii)

Have an associate degree in
a
surveying technology curriculum approved by the board plus four (4) years of combined office and field experience in land surveying, of which two (2) years shall have been in charge of land surveying projects under the supervision of a
registered
licensed
land surveyor; or

(v)

Have eight (8) years of combined office and field experience in land surveying, of which two (2) years shall have been in charge of land surveying projects under the supervision of a registered land surveyor;

(v)
(vi)

Unless exempt under W.S. 33
‑
29
‑
130(c), pass the
land surveyor
‑
in
‑
training
fundamentals of land surveying
examination.

33
‑
29
‑
126.

Qualifications for professional licensure.

(a)

An applicant for professional
registration
licensure
as an engineer shall:

(ii)

Be registered as
Meet all the qualifications for
an
engineer
‑
in
‑
training
engineering intern
;

(iii)

Be actively engaged in education or experience, or both, in professional engineering satisfactory to the board for
Have a specific record of
at least
an additional
four (4) years
beyond that required for registration as an engineer
‑
in
‑
training
of progressively responsible experience following the completion of the degree specified in W.S. 33
‑
29
‑
125(a)(ii) on engineering projects of a grade and character which indicates to the board that the applicant is competent in the practice of engineering
;

(iv)

Unless exempt under W.S. 33
‑
29
‑
130, pass the
in
‑
training
fundamentals
and professional examinations in the discipline in which
registration
licensure
is sought.

(b)

An applicant for professional
registration
licensure
as a land surveyor shall:

(ii)

Be
registered
licensed
as a land
surveyor
‑
in
‑
training
surveyor intern
;

(iii)

Be actively engaged in education and experience, satisfactory to the board, in professional land surveying, for at least an additional four (4) years beyond that required for
registration
licensure
as a land
surveyor
‑
in
‑
training
surveyor intern
;
and

(iv)

Unless exempt under W.S. 33
‑
29
‑
130, pass the
in
‑
training
fundamentals
and professional examinations.

(c)

In computing the period of active engagement required under this section:

(ii)

Study satisfactorily completed in a graduate level land surveying curriculum and school approved by the board is considered equivalent to a maximum of one (1) year of active engagement. Each year of full
‑
time employment teaching land surveying or other courses approved by the board as pertinent to the profession in which
registration
licensure
is sought in a school approved by the board is equivalent to one (1) year of active engagement;

(iii)

Each year of experience shall be of a professional nature under the supervision of a
registered
licensed
professional engineer or land surveyor, as appropriate, and of a character satisfactory to the board.

(d)

Experience credited by the board under this section and W.S. 33
‑
29
‑
124, 33
‑
29
‑
125 and 33
‑
29
‑
130 shall be attained under the direct supervision of a professional who is satisfactory to the board and
registered
licensed
in this state, another state or foreign country in the profession in which the applicant is seeking
registration
licensure
.

33
‑
29
‑
127.

Application for licensure.

(a)

A person desiring to practice engineering or land surveying shall apply for
registration
licensure
on a form prescribed by the board, subscribed under oath and accompanied by the application fee. If the evidence submitted satisfies the board that the applicant is fully qualified under W.S. 33
‑
29
‑
126 or 33
‑
29
‑
130 to practice the profession for which
registration
licensure
is asked, the applicant shall be given a certificate of
registration
licensure
, signed by the president and secretary of the board and attested by the official seal.

(b)

If in the judgment of the board the applicant has not furnished satisfactory evidence of qualifications for
registration
licensure
under W.S. 33
‑
29
‑
126 or 33
‑
29
‑
130 the board may require additional data, or may require the applicant to submit to an additional oral or written examination specified by the board in its rules and regulations.

33
‑
29
‑
128.

Fees.

(a)

The board shall publish in its rules a schedule of fees for applications, examinations and other miscellaneous services
not to exceed the following:
in accordance with W.S. 33
‑
1
‑
201.

33
‑
29
‑
129.

Seals for licensees.

(a)

The board shall adopt and prescribe seals for use of
registrants
licensees
who hold valid
certificates
licenses
. Each seal shall bear the name of the
registrant
licensee
, shall state the profession in which he is permitted to practice and, in the case of engineering, the branch or branches of engineering in which he has demonstrated proficiency, and other data the board deems pertinent.

(b)

Nonelectronic p
lans, specifications, plats or reports prepared by a
registrant
licensee
or his bona fide employee shall be issued under his seal
, with the signature of the licensee and the date signed superimposed over the seal
.

(c)

It is unlawful for a
registrant
licensee
whose
certificate
license
has expired or has been revoked or suspended to use the seal, or for a
registrant
licensee
to sign, stamp or seal any document not prepared by him or by an employee under his supervision.

(d)

It is unlawful for any
nonregistrant
nonlicensee
to cause or permit the illegal use of a
registrant's
licensee's
seal, signature or stamp on any document prepared by the
nonregistrant
nonlicensee
.

33
‑
29
‑
130.

Licensure without examination.

(a)

The board may
register
license
without examination an applicant for professional engineer who holds a valid
certificate of registration
license
issued by another state or foreign country which has or had requirements for
registration substantially similar to
licensure equal to or more stringent than
those of this state
when the license was granted
.

(b)

An applicant for professional
registration
licensure
as a land surveyor who satisfies
any one (1) of
the requirements of subsection (a) of this section shall pass the part of the professional land surveyor examination relating to the surveying methods and legal principles in this state as prescribed by the board in its rules.

(c)

The board may exempt an applicant from the
in
‑
training
fundamentals
examination if he is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which
registration
licensure
is sought for at least twenty (20) years after graduation.

33
‑
29
‑
131.

Renewal of licenses; fees and penalties.

(a)

The board may establish a staggered system for renewing
certificates of registration
licenses
on a biennial basis.

(b)

Certificates of registration
Licenses
are invalid after their expiration date unless renewed by payment of the required renewal fee. If the renewal fee is not paid prior to the expiration date, it shall be accompanied by a penalty fee established by the board based on the period of delinquency
.
but the total fee shall not exceed the amount of the registration fee.

(c)

The board may cancel a
certificate of registration
license
if it has remained invalid for two (2) years and require a new application, accompanied by the application fee for
reregistration
relicensure
.

(d)

The board shall establish the biennial renewal fee
for each certificate issued pursuant to this act which shall not exceed two hundred dollars ($200.00)
pursuant to W.S. 33
‑
1
‑
201
.

33
‑
29
‑
132.

Revocation of license; censure; probation; hearing; notice of findings; appeal.

(a)

The board may take the following disciplinary actions, in combination or alternatively:

(i)

Revocation of a
certificate of registration
license or certificate of authority
;

(ii)

Suspension of a
certificate of registration
license or certificate of authority
;

(iv)

Imposition of restrictions on the scope of the
registrant's
licensee's
professional practice;

(b)

The board may take disciplinary action against the holder of a
certificate
license
under this act, upon proof satisfactory to the board that the person:

(ii)

Has practiced fraud or misrepresentation:

(A)

In obtaining a
certificate of qualification
license
, whether in the application or qualification examination;

(C)

In signing any document as a
registered
licensed
professional.

(iv)

Has aided or abetted another to evade or violate this act or knowingly combining or conspiring with an
unregistered
unlicensed
person, or allowing one's
registration
license
to be used by an
unregistered
unlicensed
person or acting as agent, partner, associate or otherwise, for an
unregistered
unlicensed
person with intent to evade or violate this act;

(v)

Has had a license to practice engineering or land surveying in another jurisdiction, territory or possession of the United States denied, revoked, suspended
,

or otherwise
restricted
or otherwise acted against
other than by reason of failure to renew or meet education requirements;

(vii)

Has knowingly engaged in an act which the
registrant
licensee
knew was beyond the scope of his professional practice as evidenced by limitations on the
registrant's
licensee's
right to practice, or insufficient education and knowledge, or inability to apply engineering or land surveying principles and skills;

(c)

Upon reasonable grounds to believe that a person under the board's authority has committed acts in violation of this act, the board may conduct investigations, hearings and proceedings to determine whether a disciplinary action should be taken against the holder of a
certificate
license
under this act. The board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing. A disciplinary action may be informally settled by the board and the holder of a
certificate
license
under this act who is the subject of the action either before or after initiation of hearing proceedings.

(d)

The accused may appear personally or be represented by his attorney at the hearing and present witnesses and evidence in his defense and
he
may cross-examine witnesses against him.

(e)

The board shall immediately notify the clerk of each county in the state and the secretary of state, in the case of a
corporation or firm
business entity
, of the suspension or revocation of a
certificate
license
or of the reissuance of a suspended or revoked
certificate
license
.

33
‑
29
‑
134.

Practice by business entities.

(a)

The practice of or offer to practice professional engineering or professional land surveying by individual
registered
licensed
professional engineers or individual
registered
licensed
professional land surveyors, through a
corporation, or by a corporation
business entity
through individual
registered
licensed
professional engineers or individual
registered
licensed
professional land surveyors, as employees or officers, is permitted subject to the provisions of this act. All personnel of the
corporation
business entity
who act in its behalf as professional engineers or professional land surveyors in this state
must
shall
be
registered
licensed
as provided by this act, or be persons lawfully practicing under the exceptions enumerated in W.S. 33
‑
29
‑
136. The
corporation
business entity
, except utilities regulated by the Wyoming public service commission, shall apply for and be issued a certificate of authorization by the board as provided by this act. No
corporation
business entity
shall be relieved of responsibility for the conduct or acts of its employees or officers by reason of its compliance with this act, nor shall any individual practicing professional engineering or professional land surveying be relieved of responsibility for engineering or land surveying services performed by reason of his employment or relationship with the
corporation
business entity
. All final drawings, specifications, plats, reports, or other engineering or land surveying papers or documents involving the practice of professional engineering or professional land surveying, which are prepared or approved for the use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the professional engineer or professional land surveyor who prepared or approved them.

(b)

A
corporation
business entity
desiring a certificate of authorization for engineering, for land surveying, or for both, shall file with the board a description of the engineering or land surveying service to be offered or practiced in the state, upon an application form prescribed by the board and the designation required by subsection (c) of this section accompanied by the application fee.

(c)

The
corporation
business entity
shall file with the board a designation of an individual or individuals duly
registered and certified
licensed
to practice professional engineering or professional land surveying in the state who are responsible for or in charge of the practice of professional engineering or land surveying, as applicable, by the
corporation
business entity
in this state. If there is a change in the individual or individuals responsible or in charge, the changes shall be designated in writing and filed with the board within thirty (30) days after the effective date of the change.

(d)

If all requirements of this act are met, the board shall issue a certificate of authorization for professional engineering, for land surveying or for both, to the
corporation
business entity
. The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing
certificate
license
.

(e)

A professional engineer or professional land surveyor who renders occasional, part
‑
time or consulting engineering or land surveying services to or for a
firm may
business entity shall
not be designated as the person in charge for the professional activities of the
firm
business entity
.

33
‑
29
‑
135.

Public works.

(a)

Drawings, plans, specifications and estimates for public works of the state or a political subdivision thereof involving engineering or land surveying, shall be prepared by or under the personal direction of, and the construction of the works shall be executed under the direct supervision of a qualified
registrant
licensee
within the category involved.

(b)

Surveys or maps required in connection with land surveying shall be made by or under the personal direction of a qualified
registrant
licensee
.

33
‑
29
‑
136.

Exemptions and limitations.

(a)

Engineering or land surveying may be practiced without compliance with this act by:

(ii)

An employee of a
registrant
licensee
or of a person exempt from
registration
licensure
, if the employment does not involve direct responsibility for design, inspection or supervision;

(iii)

Any full-time employee of any
corporation
business entity
while doing work for that
corporation
business entity
, provided, that all maps, plats, plans or designs filed in any office of public record in the state of Wyoming shall be made and certified to by a
registered
licensed
professional engineer or professional land surveyor as provided by W.S. 33
‑
29
‑
139. This exemption does not apply to
corporations
business entities
offering their services to the public as professional engineers or professional land surveyors or to
corporations
business entities
engaged in designing and supervising the building of works for public or private interests not their own.

33
‑
29
‑
137.

Violations.

(a)

Any person who commits any of the following acts is guilty of a misdemeanor:

(i)

Practices, offers to practice or by any implication holds himself out as qualified to practice as an engineer or land surveyor, who is not
registered
licensed
as provided by this act;

(ii)

Advertises or displays a card, sign or other device which may indicate to the public that he is an engineer or land surveyor, or is qualified to practice as such, who is not
registered
licensed
as provided by this act;

(iii)

Assumes the title of engineer or land surveyor, or uses
a certificate of registration
the license
of another, or uses an expired, suspended or revoked
certificate of registration
license
;

(iv)

Presents false evidence to the board with the intent to obtain
a certificate of registration

licensure
;

33
‑
29
‑
138.

Persons registered under previous law.

(a)

Any individual holding a certificate of registration in this state that is valid on July 1,
1987
2005
, shall be deemed to be
registered
licensed
under this act.

(b)

Those
registered
licensed
under the provisions of subsection (a) of this section
or under other provisions of this act
are eligible for renewal of their
certificate of registration
license
pursuant to renewal requirements established in this act and the rules and regulations adopted by the board.

33
‑
29
‑
139.

Maps, plats, plans or designs for filing to be made and certified by professional engineer or surveyor; exception; size of maps.

(a)

All maps, plats, plans or designs necessary to be filed in the state engineer's office, the office of state lands and investments, all county clerks offices, all city or town offices, or any other office of public record in the state of Wyoming, shall be made and certified by a professional engineer or land surveyor
registered
licensed
under this act.
The original must
Hard copy originals shall
either be drawn in waterproof black ink or acetate ink, or be an acceptable photographic or other kind of reproduction on good quality tracing linen or a polyester base drafting film in a minimum thickness of four-thousandths (.004) inch
, or as otherwise required by the receiving entity
.
Maps may be submitted in electronic form pursuant to the Uniform Electronic Transmission Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119.
All
nonelectronic
maps, plats, plans or designs shall conform to one (1) of the following sizes and shall consist of one (1) original drawing together with one (1) print:

(x)

Size AAA-Eleven (11) inches by seventeen (17) inches.

33
‑
29
‑
147.

Signature on corner record required.

No corner record shall be filed unless the same is signed by a
registered
licensed
land surveyor, or, in the case of an agency of the United States government or the state of Wyoming, the certificate may be signed by the survey party chief making the survey.

33
‑
41
‑
117.

Exemptions.

(a)

The following are exempt from the licensing provisions of this act if they do not use the title of professional geologist or are not directly represented or held out to the public to be legally qualified to engage in the practice of geology before the public:

(iv)

Qualified engineers and land surveyors,
registered
licensed
by the
Wyoming
board of
registration for
professional engineers and professional land surveyors pursuant to W.S. 33
‑
29
‑
114 through 33
‑
29
‑
139 are exempt from the registration provisions of this act, providing, that no name, title, or words are used which tend to convey the impression that a nonregistered individual is offering to perform services as a professional geologist;

35
‑
11
‑
304.

Administrator required to delegate certain management functions to local governmental entities.

(a)

To the extent requested by a municipality, water and sewer district or county, the administrator of the water quality division, with the approval of the director, shall delegate to municipalities, water and sewer districts or counties which apply the authority to enforce and administer within their boundaries the provisions of W.S. 35
‑
11
‑
301(a)(iii) and (v), including the authority to develop necessary rules, regulations, standards and permit systems and to review and approve construction plans, conduct inspections and issue permits. Any authority delegated under this section shall be subject to the following conditions:

(iv)

The local governmental entity shall demonstrate to the administrator that all facilities will be approved by a
registered
licensed
professional engineer or city or county sanitarian for small wastewater facilities or other qualified individual approved by the water quality division administrator, and that it employs a properly certified waste treatment plant operator responsible for operation and maintenance of the treatment works in a manner at least as stringent as the department of environmental quality would require;

41
‑
3
‑
114.

Petition to change point of diversion or means of conveyance.

(d)

Such petitions shall be accompanied by maps in duplicate, one (1) of which shall be on tracing linen of a size required by the state engineer and state board of control, prepared under certificate of a
registered
licensed
land surveyor, and showing accurately the location of the stream, the location of the ditch or ditches involved, location of any intervening diversions, and if for irrigation, the location of the lands changed or affected by such change.

41
‑
3
‑
308.

Alterations or repairs of dams or diversion systems; plans and specifications; duties of state engineer.

(a)

Plans and specifications of any proposed construction, enlargement, major repair, alteration or removal of a dam or diversion system shall be prepared by or under the direction of a
registered
professional engineer licensed to practice in the state of Wyoming and experienced in dam design and construction, and shall be submitted to the state engineer for approval. It is unlawful to commence construction, enlargement, major repair, alteration or removal until the plans and specifications have been approved by the state engineer. At the request of the state engineer, the professional engineer responsible for the plans and specifications shall carry out any revisions of the plans and specifications or provide such additional information as is necessary to justify or clarify the design.

41
‑
3
‑
309.

Alterations or repairs of dams or diversion systems; inspections performed and reports submitted to state engineer by professional engineer.

(a)

A
registered
professional engineer licensed to practice in the state of Wyoming shall be in charge of and responsible for the construction, enlargement, major repair, alteration or removal of any dam or diversion system.

Section 2.
W.S. 33
‑
29
‑
125(a)(iii), 33
‑
29
‑
128(a)(i) through (iii) and 33
‑
29
‑
141(a)(vii) and (ix) are repealed.

Section 3.
This act is effective July 1, 2005.

(END)

1
HB0020