Surveyors and engineers.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0180.E1

HOUSE BILL
NO.
HB0044

Surveyors and engineers.

Sponsored by:
Representative(s) Jorgensen, Jaggi, Hammons and Lockhart and Senator(s) Decaria, Hastert and Vasey

A BILL

for

AN ACT relating to professions and occupations; amending provisions relating to licensure of engineers and land surveyors; providing for administration and regulation of engineers and land surveyors as specified; providing for electronic filings; modifying name of licensing board; providing fees; providing disciplinary proceedings; imposing penalties; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 33
‑
29
‑
150 through 33
‑
29
‑
173 are created to read:

33
‑
29
‑
150.

Definitions.

(a)

As used in this act:

(i)

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

(ii)

"Engineer" means a person who has acquired special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, via engineering education and engineering experience;

(iii)

"Engineer intern" means a person who has been duly certified as an engineer intern by the board as provided in this act;

(iv)

"Firm" means any form of business entity other than an individual licensee operating under his name that offers professional engineering or land surveying services to the public;

(v)

"Inactive licensee" means a licensee who is not
actively
engaged in professional engineering or land surveying practice in this state and who has been granted inactive status by the board. No inactive licensee may practice in this state unless otherwise exempted by this act. An inactive licensee shall be exempt from the continuing education requirements of this act;

(vi)

"
Land
s
urveyor
"
means a person who has acquired special knowledge
in the technique of measuring land through the use of the mathematical, physical and applied sciences, and the requirements of the law relevant to surveying of real property,
via
surveying education and surveying experience;

(vii)

"Surveyor intern" means a person who has been duly certified as a surveyor intern by the board as provided in this act;

(viii)

"Licensee" means any person issued a certificate of licensure as a professional engineer or professional land surveyor or certified or enrolled as an engineer intern or surveyor intern, or a firm issued a certificate of authorization under this act;

(ix)

"Practice of engineering" means any service or creative work
,
which requires engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to adequately perform those services or creative work. It shall include consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems; teaching of advanced engineering subjects; performing engineering surveys and studies; and the review or management of construction for the purpose of monitoring or ensuring compliance with drawings and specifications when those services require the application of engineering principles. It shall embrace such services or work in connection with utilities, structures, buildings, machines, equipment, processes, work systems, projects, communication systems, transportation systems and industrial or consumer products; or equipment of control systems, communications, mechanical, electrical, hydraulic, pneumatic, petroleum, nuclear, mining, chemical, environmental or equipment of a thermal nature, insofar as they involve safeguarding life, health or property, and include such other professional services as may be necessary for the planning, progress and completion of any engineering services.
Design coordination includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, land surveyors, geologists and other professionals working under the direction of the engineer. Engineering surveys include all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.
A person shall be deemed to be practicing or offering to practice engineering if he practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other manner represents himself to be a professional engineer, or through the use of some other title implies that he is a professional engineer or that he is licensed under this act, or holds himself out as able to perform or does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering;

(x)

"Practice of land surveying" means to provide or offer to provide professional

land surveying
services using the sciences of mathematics, geodesy and photogrammetry. Professional land surveying services shall include consultation, investigation, design coordination, testimony evaluation, expert technical testimony, teaching of advanced surveying topics, planning, mapping, assembling and interpreting gathered measurements and information related to any one (1) or more of the following:

(A)

Determining by measurement the configuration or contour of the earth
'
s surface or the position of fixed objects thereon;

(B)

Determining by geodetic surveys the size and shape of the earth or the position of any point on the earth;

(C)

Locating, relocating, establishing, reestablishing or retracing property lines or boundaries of any tract of land, road, right-of-way or easement;

(D)

Making any survey for the division, subdivision or consolidation of any tract of land;

(E)

Locating or laying out control for alignments, positions or elevations for the construction of fixed works;

(F)

Determining, by the use of principles of surveying, the position for any survey monument, boundary or nonboundary, or reference point, or establishing or replacing any such monument or reference point; or

(G)

Creating, preparing or modifying electronic, computerized or other data relative to the performance of the activities in the described activities in this paragraph.

(xi)

"Professional 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 and who has been duly licensed as a professional engineer by the board. The board may designate a professional engineer as being licensed in a specific discipline or branch of engineering signifying the area in which the engineer has demonstrated competence on the basis of education, experience and examination;

(xii)

"Professional land surveyor" means a person who has been duly licensed as a professional land surveyor by the board, and who is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics and the related physical and applied sciences, and the relevant requirements of law for adequate evidence required to survey real property, and who is engaged in the practice of surveying as defined by this act. The board may designate a professional land surveyor on the basis of education, experience and examination;

(xiii)

"Responsible charge" means direct charge and control and personal supervision of engineering work or land surveying. Only a professional engineer or professional land surveyor may legally assume responsible charge under this act;

(xiv)

"Seal" means a symbol, image or list of information adopted in accordance with board rules and regulations;

(xv)

"This act" means W.S. 33
‑
29
‑
150 through 33
‑
29
‑
173.

33
‑
29
‑
151.

Creation of board.

(a)

The
Wyoming
board for professional engineers and professional land surveyors is created to consist of eight (8) 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 comprised as follows:

(i)

The state engineer;

(ii)

One (1)
professional engineer in the education field at the university level;

(iii)

One (1)
professional engineer in a discipline other than civil engineering;

(iv)

Two (2)
professional engineers who are engaged in private practice;

(v)

One (1)
public member, neither an engineer nor a land surveyor; and

(vi)

Three (3) professional land surveyors including two (2) engaged in private practice. O
ne
(1)
of the three
(3)

may
hold dual licensure in engineering and land surveying.

(b)

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.

33
‑
29
‑
152.

Qualifications of board members.

(a)

Each member of the board shall be a citizen of the
United States
and a resident of this state.

(b)

Each engineer member of the board shall have been engaged in the lawful practice of engineering as a professional engineer for not less than twelve (12) years, have been in responsible charge of engineering services for not less than five (5) years, and shall be a licensed professional engineer in this state.

(c)

Each land surveyor member shall have been engaged in the lawful practice of land surveying as a professional land surveyor for not less than twelve (12) years and shall have been in responsible charge of land surveying services for not less than five (5) years
and shall be a licensed professional land surveyor in this state.

33
‑
29
‑
153.

Compensation of board members.

Each member of the board except the state engineer shall receive as salary the sum paid each day to legislators for the time consumed in the performance of his duties. Each member shall receive per diem and mileage allowance as allowed to state employees. Compensation and expenses shall be paid only from the fees collected by the board.

33
‑
29
‑
154.

Organization of board.

(a)

The board shall
biennially
elect from its membership a chair, vice-chair and secretary-treasurer to serve for not more than two (2) terms. The board shall hold at least four (4) regular meetings each year and such special or called meetings as the rules provide.

(b)

Five (5)
members shall constitute a quorum. No decision shall be made unless it receives the affirmative votes of at least five (5) members of the board.

33
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29
‑
155.

Powers and duties of board.

(a)

Responsibility for enforcement of this act is vested in the board. The board shall have all duties, powers and authority specifically granted by and necessary to the enforcement of this act.

(b)

The board shall make, adopt, amend, repeal and enforce reasonable rules and regulations necessary for the proper administration and enforcement of this act, the board's meetings, procedures, records, examinations and the conduct thereof. The board shall also adopt rules and regulations for professional conduct. Rules adopted by the board shall be binding upon any person licensed under this act and any nonlicensed person found by the board to be in violation of the provisions of this act. The rules shall be applicable to any business entity holding a certificate of authorization. The board shall adopt an official seal which shall be affixed to each license issued by the board.

(c)

In carrying out the provisions of this act, the board may subpoena witnesses and compel their attendance, and also may require the submission of books, papers, documents or other pertinent data, in any disciplinary matter, or in any case where a violation of this act is alleged. Upon failure or refusal to comply with any lawful order of the board, or upon failure to honor its subpoena as herein provided, the board may apply to any
Wyoming
court to enforce compliance with the provisions of this subsection.

(
d
)

The board may apply for relief by injunction in the established manner provided in civil cases, without bond, to enforce the provisions of this act or to restrain any violation thereof. In those proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the board shall not be personally liable for instituting these proceedings.

(e)

The board may require applicants for licensure to pass such
examinations
as it deems necessary to determine the applicant's qualifications.

(
f
)

The board shall have the power and authority to require a demonstration of continuing professional competency of engineers and land surveyors as a condition of renewal or
relicensure
.

(
g
)

No action or other legal proceedings for damages shall be instituted against the board or against any board member or employee or agent of the board for any act done in good faith and in the intended performance of any power granted under this act or for any neglect or default in the performance or exercise in good faith of any duty or power.

(
h
)

In carrying out the duties, functions and obligations of this act, the board may contract with any agency or private vendor as the board considers appropriate. The board may also enter into contracts to acquire, own, encumber, issue, replace, deal in and dispose of real and personal property.

(
j
)

The board shall have the power to appoint committees as it deems necessary to assist the board in carrying out its responsibilities under this act. Any individual appointed by the board to serve on a committee or otherwise carry out the functions of this act is entitled to reimbursement of expenses as approved by the board.

(
k)

The board shall have the power to employ a board administrator and staff to properly perform its work and to assist in carrying out the responsibilities of this act. Any individual employed by the board shall receive a salary and salary adjustments as the board shall determine.

(m
)

The board shall have the power to establish and collect fees as provided by W.S. 33
‑
1
‑
201. The board administrator shall receive and account for all monies received under this act. All monies received, and the interest thereon, shall be deposited in the state treasury and credited to the professional engineer and professional land surveyor account. Expenditures from the account shall be made only upon requisition submitted by the board administrator or secretary-treasurer. All monies in the account are specifically
designated
for the use of the board to cover expenses reasonably necessary for the proper performance of its duties under this act, including the expenses of board delegates to meetings of, and membership fees to, any national organization. The board may pay miscellaneous expenses associated with board members seeking and holding appropriate regional or national offices.

(n
)

The board shall be authorized to use electronic transmissions for all purposes permitted under this act.

33
‑
29
‑
156.

Petition for injunction.

(a)

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

(b)

The district court of any county in which the offending party may be found or the district
court
of
Laramie

County
shall have original jurisdiction of any injunction proceedings.

(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 license and without being exempt under this act from licensure requirements. No showing of actual damage or injury shall be required.

(d)

The petition shall be filed in the name of the state by the board or at the request of the board by the attorney general or any district attorney in
Laramie

County
or any other county where the respondent may be found.

(e)

Issuance of an injunction shall not relieve respondent from being subject to any other proceeding under this act. Any violation of an injunction shall be punished as contempt of court.

33
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29
‑
157.

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

On or before October 30 of each year the board shall report to the governor, which shall include the operation and statistics relative to the board's statutory duties. A complete roster showing the names and last known address of all licensed professional engineers and licensed professional land surveyors shall be established by the board administrator once each year in a format approved by the board.

33
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29
‑
158.

Immunity from personal liability.

(a)

A m
ember, agent or employee of the board and any person reporting information to the board under oath shall be immune from personal liability with respect to any act done and any action taken in good faith without fraud or malice.

(b)

The immunity provided by this section shall extend to any member of any professional review committee, investigator or witness appearing before the committee or board.

33
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29
‑
159
.

License
required for the practice of engineering or land surveying.

The practice of engineering and land surveying is a privilege which shall be granted by the board pursuant to this act based on the qualifications of the person or business entity.

In order to safeguard life, health and property and to promote the public welfare, any person or business entity in either public or private capacity desiring to practice or offer to practice professional engineering or professional land surveying in Wyoming shall be required to submit evidence to the board showing that the applicant is qualified to practice

and if qualified shall be licensed as provided by this act and board rules and regulations.

33
‑
29
‑
160
.

Qualifications for intern licensure.

(a)

An applicant for enrollment as an engineer intern shall be of good moral character and repute. A college senior or graduate of an engineering program of four (4) years or more approved by the board shall be admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing the examination and providing proof of graduation from the engineering program, the applicant shall be certified or enrolled as an engineer intern if otherwise qualified.

(b)

An applicant for enrollment as a surveyor intern shall be of good moral character and repute.
One
(1)

of

t
he
following shall apply:

(i)

A college senior or graduate of a surveying program of four (4) years or more approved by the board shall be admitted to an eight (8) hour written examination in the fundamentals of surveying. Upon passing the examination and providing proof of graduation, the applicant shall be certified or enrolled as a surveyor intern if otherwise qualified;

(ii)

A graduate of
a
nonsurveying
engineering
program of four (4) years or more approved by the board, who has at least two
(2)
years of progressive experience in surveying,
and at least thirty (30) semester credit hours in surveying, mapping, and other courses
,
approved by the board,

shall be admitted to an eight (8) hour written examination in the fundamentals of surveying.
Upon passing the examination, the applicant shall be certified or enrolled as a surveyor intern, if otherwise qualified;

(iii)

A graduate of a four (4) year or more program not directly related to surveying
or engineering
,

approved by the board, who has at least
four

(
4
)
years of progressive experience in surveying
and at least thirty (30) semester cre
dit hours in surveying, mapping
and other courses
,
approved by the board,
shall be admitted to an eight (8) hour written examination in the fundamentals of surveying. Upon passing the examination, the applicant shall be certified or enrolled as a surveyor intern, if otherwise qualified;

(iv)

A graduate with an associate degree in a surveying technology curriculum approved by the board who has 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 licensed land surveyor
shall be admitted to an eight (8) hour written examination in the fundamentals of surveying. Upon passing the examination, the applicant shall be certified or enrolled as a surveyor
intern, if otherwise qualified.

This paragraph is repealed effective June 30, 20
1
6.

33
‑
29
‑
161.

Qualifications for professional licensure by examination.

(a)

The following shall apply to a
n applicant for professional
licensure as an engineer
:

(i)

The applicant shall be
of good moral character and repute;

(ii)

The applicant shall meet all the qualifications for an engineer intern as defined in W.S. 33
‑
29
‑
160;

(iii)

An engineer intern or an individual with a doctorate in engineering acceptable to the board and with a specific record of four (4) years or more, earned after the four (4) year degree described in W.S. 33
‑
29
‑
160(a), of progressive experience on engineering projects of a grade and a character which indicates to the board that the applicant may be competent to practice engineering shall be admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice engineering in this state, provided the applicant is otherwise qualified;

(iv)

The board may exempt an applicant from the fundamentals of engineering 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 licensure is sought for at least twenty (20) years following graduation.

(b)

The following shall apply to a
n applicant for professional licensure as a land surveyor:

(i)

The applicant shall b
e of good moral character and repute;

(ii)

The applicant shall meet all the qualifications for a surveyor intern as defined in W.S. 33
‑
29
‑
160;

(iii)

A surveyor intern or an individual with a doctorate in surveying acceptable to the board who has a specific record
of four (4) years or more, earned after the degree described in W.S. 33
‑
29
‑
160(b)(i), (ii) or (iii), of combined office and field experience satisfactory to the board in land surveying under the supervision of a professional land surveyor shall be admitted to an eight (8) hour written examination in the principles and practice of surveying. Upon passing the examination, the applicant shall be granted a certificate of licensure to practice surveying in this state, provided the applicant is otherwise qualified.

(c)

Notwithstanding the requirements in this section, the board may adopt rules for the licensure of
graduates of foreign universities.

33
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29
‑
162.

Application for licensure.

(a)

A
pplication for licensure as a professional engineer or professional land surveyor or licensure as an engineer intern or surveyor intern shall be on a form and in a manner prescribed and furnished by the board; shall contain statements made under oath, showing the applicant's education and a detailed summary of technical and engineering experience or land surveying experience; and shall include the names and complete mailing addresses of the applicant's references.

(b)

The board may accept the verified information contained in a valid council record issued by the National Council of Examiners for Engineering and Surveying for applicants which contains all information that is required by the board.

33
‑
29
‑
163.

Fees.

(a)

The licensure fees shall be established by rules and regulations of the board for licensure as a professional engineer, professional land surveyor, engineer intern or surveyor intern in accordance with the provisions of W.S. 33
‑
1
‑
201, and the appropriate fee shall accompany the application.

(b)

The licensure fee for a business entity shall be established by rule and regulation of the board
in accordance with the provisions of W.S. 33
‑
1
‑
201 and the appropriate fee shall
accompany the application.

(c)

The reasonable cost of rendering
administrative services and
other miscellaneous services may be recovered by the board.

(d)

All fees submitted to the board shall be nonrefundable.

33
‑
29
‑
164.

Seals and licenses.

(a)

The board shall adopt and prescribe seals for use by a licensee who holds a valid license under this act. Each seal shall bear the name of the 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 plans, specifications, plats or reports prepared by a 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 shall be unlawful for a licensee whose license has expired or has been revoked or suspended to use the seal, or for a licensee to sign, stamp or seal any document not prepared by him or by an employee under his direct supervision.

(d)

It shall be unlawful for any person not licensed under this act to cause or permit the illegal use of a licensee's seal, signature or stamp on any document.

(e)

The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this act, a certificate of licensure giving the licensee proper authority to practice his profession in this state. The license for a professional engineer shall carry the designation "Professional Engineer" and for a professional land surveyor, "Professional Land Surveyor". It shall contain the full name of the licensee with certificate of licensure number and shall be signed by the chair and the board administrator under the seal of the board.

(f)

The license shall be prima facie evidence that the person named thereon is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor while the certificate of licensure remains unrestricted.

(g)

The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this act, an enrollment card as engineer intern or surveyor intern which indicates that their name has been recorded as such in the board office. The engineer intern or surveyor intern enrollment card shall not authorize the holder to practice as a professional engineer or a professional land surveyor.

(h)

Each licensee under this act shall, upon licensure, obtain a seal, the use and design of which shall be prescribed by board rules and regulations. It shall be unlawful for a licensee to affix or to permit his seal and signature to be affixed to any document after the expiration or revocation of a license or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of this act. Whenever the seal is applied, the document shall be signed by the licensee thereby certifying that he is competent in the subject matter and was in responsible charge of the work product. Documents shall be sealed and signed in accordance with board rules.

33
‑
29
‑
165.

Licensure by comity
.

(a)

A person who is licensed to engage in the practice of engineering
or land surveying
issued by
the
proper authority of a jurisdiction or possession of the United States, the District of Columbia or any foreign country who meets requirements that do not conflict with the provisions of this act
,
and
which
are, in the judgment of the board, not lower than
the requirements
in effect in this state at the time the
out-of-state
license was issued may be licensed without further examination except as required to present evidence of knowledge of statutes, rules and design requirements unique to this state.

(b)

A person holding an active council record with the National Council of Examiners for Engineering and Surveying whose qualifications are evidenced by council record and meet the requirements of this act may, upon application, be licensed without further examination except as required to examine the applicant's knowledge of statutes, rules and design requirements unique to this state.

33
‑
29
‑
166.

Renewal of licenses
;
relicensure; r
einstatement
of license
.

(a)

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

(b)

A certificate of licensure shall be renewed by the board upon payment of the renewal fee and satisfactory evidence o
f compliance with
continuing professional competency

as established by rules and regulations of the board. Any license issued by the board shall expire if the licensee fails to renew the l
icense prior to the date of
expiration.
Failure to renew the license by the expiration date shall result in the forfeiture of the right to practice engineering or land surveying in this state.

(c)

A
licensee who has
allowed
his
license to lapse for failure to renew as herein provided may apply for relicensure according to board rules and regulations.

(d
)

Any
licensee
who hold
s
an active license to practice in this state, and who wish
es
to discontinue the practice of professional engineering or professional land surveying in this state, may request in writing
that the board place his
license on inactive status. A license on inactive status shall not be considered lapsed or expired. A reduced biennial renewal fee shall be required to retain the inactive status.
A licensee
on inactive status may apply for reinstatement pursuant to board rules and regulations.

(e)

The board shall establish the biennial renewal fee
s
pursuant to W.S. 33
‑
1
‑
201.

33
‑
29
‑
167.

Disciplinary authority; grounds; fines; due process of law; settlement; reinstatement
.

(a)

The board may refuse to issue,

renew or reinstate, or may
suspend or revoke
the certificate of licensure of any professional engineer or professional land surveyor,
the
certificat
ion or enrollment of any engineer intern or surveyor intern, or certificate of authorization of any firm, or may place on probation, fine or reprimand any licensee who:

(i)

Has engaged in any act inconsistent with uniform and reasonable standards of professional conduct as defined by board rules and regulations;

(ii)

Has practiced fraud or misrepresentation:

(A)

In obtaining
or attempting to obtain either an initial or renewal
certificate of licensure
or

certificate of authorization
;

(B)

In submitting any information or record to the board; or

(C)

In signing any document as a
licensed
professional engineer or land surveyor.

(iii)

Is unfit to practice by reason of incompetence, negligence or other misconduct in the practice of his profession;

(iv)

Has aided or abetted another to evade or violate this act or knowingly combined or conspired with an unlicensed person, or allowed one's license to be used by an unlicensed person or acted as agent, partner, associate or otherwise for an 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 State
s denied, revoked, suspended, restricted,

placed on probation
or otherwise disciplined
, including fines,
other than by reason of failure to renew or meet education requirements;

(vi)

Is convicted of, or enters a plea of guilty or nolo contendere to, any felony, or is convicted of, or enters a plea of guilty or nolo contendere to, any misdemeanor in which dishonesty is an essential element, or which is directly related to the practice of engineering or land surveying
;

(vii)

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

(viii)

Has violated this act, the Corner Perpetuation and Filing Act under W.S. 33
‑
29
‑
140 through 33
‑
29
‑
149 or any provision of the rules or regulations of the board or any lawful order of the board
;

(ix)

Has failed to cooperate in any board investigation or request for information by the board;

(x)

Has made a false statement or sign
ed a false statement, certification,
or affidavit to induce payment;

(xi)

Violates any term of probation imposed by the board;

(xii)

Uses a seal or practices engineering or land surveying while the professional engineer
'
s or land surveyor
'
s license is suspended, revoked, expired or inactive;

(xiii)

Signs, affixes or permits the licensee
'
s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document or calculation, survey or revision thereof which has not been prepared by the licensee or under the licensee
'
s responsibility or direct personal supervision;

(xiv) Engages in dishonorable, unethical or unprofessional conduct as defined by th
e board's rules and regulations;

(xv)

Fails to meet the continuing professional competency requirements prior to the license or certificate expiration date;

(xvi)

Fails to provide proof of continuing professional competency upon request by the board.

(b)

In addition to, or in lieu of, any other penalty provided in this section, any licensee who violates a provision of this act or any rule or regulation pertaining thereto, the board may impose a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500.00) per offense, plus investigation and hearing costs. In determining the amount of civil penalty to be assessed, the board may consider the following factors:

(i)

Whether the amount imposed will be a substantial economic determent to the violation;

(ii)

The circumstances leading to the violation;

(iii)

The severity of the violation; and

(iv)

The risk of, or actual harm to the public.

(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 license under this act.
No license
e
may be disciplined by the board without affording the licensee due process of law.
The board may
promulgate rules for the practice and procedure concerning
investigations and

disciplinary action against licensees

in accordance with this
a
ct and the Wyoming Administrative Procedure Act.

(d)

Disciplinary action may be informally settled by the board and the holder of a certificate under this act who is the subject of the action either before or after initiation of hearing proceedings
in accordance with the provisions of W.S. 16
‑
3
‑
107(n).

(e)

Any person whose license has been denied, suspended or revoked pursuant to this act may apply for reinstatement to the board after fulfilling those requirements determined by the board.
The application shall be made in writing and in the form prescribed by the board.
The board may grant or deny the application or it may modify its original findings to reflect any circumstances that have changed sufficiently to warrant modifications.

(f)

As a result of disciplinary action, the board may in addition to the other powers and duties, issue, renew or reinstate a license subject to reasonable conditions which the board may impose.

(g)

A final d
ecision of the board is subject to judicial review as provided by law.

(
h)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33
‑
29
‑
168.

Confidentiality of records.

The following board records and papers are of a confidential nature and shall not be deemed public records:
examination material for examinations not yet given, file records of examination questions and solutions, exam scores, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, electronic mail addresses, board inquiry forms concerning applicants, pending and closed complaints and investigative files until a formal hearing may commence or until final disciplinary action is taken, complaints and investigative files for cases dismissed without disciplinary action, other materials of similar confidential nature and information otherwise protected by law.

33
‑
29
‑
169.

Practice by business entities.

(a)

A firm that practices or offers to practice engineering or land surveying shall be required to obtain a certificate of authorization by the board in accordance with its rules.

(b)

An engineering or land surveying firm desiring a certificate of authorization shall file with the board a complete application using a form provided by the board. A form provided by the board shall be filed with the board upon renewal or within thirty (30) days of the time any information contained on the application form is changed or differs for any reason. If in the judgment of the board the application meets the requirements of this act, the board shall issue a certificate of authorization for the firm to practice engineering or land surveying.

(c)

A certificate of authorization shall not be required for a firm performing engineering or land surveying for the firm itself or a parent or subsidiary of the firm
.

(d)

No firm shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members or managers by reason of its compliance with the provisions of this section. No individual practicing engineering or land surveying under the provisions of this act shall be relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

33
‑
29
‑
170.

Public works.

No state, county or local government agency or authority, or officials or employees thereof, shall engage in the practice of engineering or land surveying involving either public or private property without the project being under the direct charge and supervision of a professional engineer for an engineering project or a professional land surveyor for a land surveying project.

33
‑
29
‑
171.

Exemptions and limitations.

(a)

Nothing in this act shall be construed to prevent the practice by
:

(i)

An officer or employee of the United States practicing within the scope of his authority and employment except when filing water rights or water right petitions with the state of Wyoming as provided in title 41 of the Wyoming statutes;

(ii)

Any other legally recognized profession;

(iii)

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

(iv)

Any full-time employee of any business entity while doing work for that entity, provided that any map, plat, plan or design filed in any office of public record in this state shall be certified by a licensed professional engineer or professional land surveyor as provided by W.S. 33
‑
29
‑
173. This exemption shall not apply to any business entity offering its services to the public as professional engineers or professional land surveyors or to any business entity engaged in designing and supervising the building of works for public or private interests not their own;

(v)

A
n employee or a subordinate of a person holding a certificate of licensure under this act, or an employee of a person practicing lawfully under paragraph (ii) of this subsection, provided the work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under this act or a person practicing lawfully under paragraph (ii) of this subsection.

33
‑
29
‑
172.

Violations; penalty.

(a
)

No person shall engage in the practice of professional engineering or professional land surveying as defi
ned in this act without a valid
current license except as otherwise permitted pursuant to W.S. 33
‑
29
‑
17
1
.

(b)

Violation of any

provision of this act
shall
constitute a misdemeanor and
upon conviction, the person shall be
subject to a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

(c)

The
district
attorney of the county in which the misdemeanor is committed shall prosecute the case upon proper information of the board or any other interested party.

33
‑
29
‑
173.

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

(a)

All maps, plats, plans or designs 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 certified by a professional engineer or land surveyor licensed under this act as defined in W.S. 33
‑
29
‑
150(a)(ix) and (x). Hardcopy 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 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 Transactions 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:

(i)

Size A
‑
Eight and one-half (8

1/2) inches wide and eleven (11) inches long;

(ii)

Size AA
‑
Eight and one-half (8

1/2) inches wide and fourteen (14) inches long;

(iii)

Size AAA – Eleven (11) inches wide and seventeen (17) inches long;

(iv)

Size B
‑
Fifteen (15) inches long and ten and three-fourths (10

3/4) inches wide. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the short dimension for a binding edge; the remaining three (3) margins shall be one-fourth (1/4) inch each;

(v)

Size C – Thirty-six (36) inches long and twenty-two (22) inches wide. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the short dimension for a binding edge; the remaining three (3) margins shall be one-half (1/2) inch each;

(vi)

Size D – Twenty-one and one-half (21

1/2) inches long and fifteen (15) inches wide. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the long dimension to serve as a binding edge; the three (3) remaining margins shall be three-eighths (3/8) of an inch each;

(vii)

Size E
‑
Thirty (30) inches long and twenty-one and one-half (21

1/2) inches wide. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the short dimension to serve as a binding edge; the remaining margins shall be one-half (1/2) inch each;

(viii)

Size F
‑
Forty (40) inches long and thirty-five (35) inches wide. There shall be margins of three-fourths (3/4) of an inch on all edges;

(ix)

Size G – Twenty-four (24) inches by thirty-six (36) inches. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the short dimension to serve as a binding edge; the three (3) remaining margins shall be one-half (1/2) inch each;

(x)

Size H
‑
Eighteen (18) inches by twenty-four (24) inches. There shall be a minimum of one and one-half (1

1/2) inch margin on the left side of the long dimension to serve as a binding edge; the three (3) remaining margins shall be three-eighths (3/8) of an inch each.

(b)

The requirement for certification of maps and plans by a
licensed
engineer o
r land surveyor shall not apply
in the case of applications filed in the state
engineer's office to construct:

(i)

Small reservoirs for stock purposes with a capacity up to twenty (20) acre

feet or a dam height of twenty (20) feet or less
;

(ii)

Special application reservoirs for fish propagation, wetlands, recreation, aesthetics, domestic, or wildlife purposes with a capacity up to twenty (20) acre

feet or a dam height of twenty (20) feet or less
;

(iii)

Flood detention reservoirs with a capacity up to fifty (50) acre

feet or a dam height of twenty (20) feet or less provided the reservoir has a minimum outlet of eighteen (18) inches diameter and the dead storage does not exceed twenty (20) acre

feet
;

(iv)

Diversions from a stream for stock or domestic purposes with flow rates up to twenty-five (25) gallons per minute
;

(v)

Diversions from springs for stock or domestic purposes that divert twenty-five (25) gallons per minute or less that do not fall under groundwater filing procedures.

Section 2.

W.S.
9
‑
1
‑
901, 9
‑
2
‑
1028(a)(v)(B), 9
‑
2
‑
1032(d), 15
‑
1
‑
202(a)(i), 15
‑
1
‑
415(b)(ii), 15
‑
1
‑
418(b), 18
‑
3
‑
402(a)(xxiv), 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
‑
141(a)(viii) and (ix), 33
‑
29
‑
147, 33
‑
41
‑
117(a)(iv), 33
‑
41
‑
121, 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
‑
1028.

Definitions.

(a)

As used in this act:

(v)

"Professional services" means:

(B)

The practice of engineering or land surveying pursuant to W.S.
33
‑
29
‑
114 through 33
‑
29
‑
149

33
‑
29
‑
150 through 33
‑
29
‑
17
3
.

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. In preparing an accurate survey and map of the territory intended to be embraced within the town limits, a land surveyor
registered
licensed
under the laws of Wyoming may reference or adopt courses and distances of the boundaries of the territory from subdivision plats made by a land surveyor
registered
licensed
under the laws of Wyoming, platted in accordance with the provisions of W.S. 34
‑
12
‑
101 through 34
‑
12
‑
104;

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
license
number of the land surveyor to provide source identification, at all lot corners and survey control points of the addition.

15
‑
1
‑
418.

Annexing contiguous cities or towns; annexation ordinance; filing.

(b)

A certified copy of the annexation ordinance including a legal description of the area and the map prepared pursuant to W.S. 15
‑
1
‑
402(c)(i) and in accordance with W.S.
33
‑
29
‑
139

33
‑
29
‑
173
shall be filed with the county clerk of the county in which the action has taken place.

18
‑
3
‑
402.

Duties generally.

(a)

The county clerk shall:

(xxiv)

File maps as defined in W.S.
33
‑
29
‑
139

33
‑
29
‑
173
. The county clerk shall charge a fee of twenty-five dollars ($25.00) for filing the maps.

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
for professional
engineers

of the state of
Wyoming

and professional 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
‑
141.

Definitions.

(a)

Except where the context indicates a different meaning, terms used in W.S. 33
‑
29
‑
140 through 33
‑
29
‑
149 shall be defined as follows:

(viii)

A "
registered
licensed
land surveyor" is a surveyor who is
registered
licensed
to practice land surveying under W.S.
33
‑
29
‑
114 through 33
‑
29
‑
139

33
‑
29
‑
150 through 33
‑
29
‑
173
, and has a current
certificate
license
for that calendar year;

(ix)

The "board" is the

state
Wyoming
board

of registration
for professional engineers and professional land surveyors.

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

33
‑
29
‑
150 through 33
‑
29
‑
173
are exempt from
the
registration
licensure
provisions of this act, providing, that no name, title, or words are used which tend to convey the impression that a
nonregistered
nonlicensed individual is offering to perform services as a professional geologist;

33
‑
41
‑
121.

Applicability.

This act shall not be construed as repealing or amending any law affecting or regulating licensed professional engineers and professional land surveyors pursuant to the provisions of W.S.
33
‑
29
‑
114 through 33
‑
29
‑
139

33
‑
29
‑
150 through 33
‑
29
‑
173
, nor shall this act be construed to affect or prevent the practice of any other legally recognized profession by the members of the profession licensed by the state or under its authority.

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
a map
in

duplicate, one (1) of which shall be on tracing linen of a size
a format
required by the state engineer and state board of control, prepared under certificate of a
registered
licensed
land surveyor
in conformance with W.S. 33
‑
29
‑
173
, 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 3.

W.S. 33
‑
29
‑
114 through 33
‑
29
‑
139 are repealed.

Section 4.

Licensure under the provisions of W.S. 33
‑
29
‑
114 through 33
‑
29
‑
139 prior to July 1, 2009 shall be considered as years of experience for the purposes of this act.

Section 5.

This act is effective July 1, 2009.

(END)

1
HB0044