1999 State of Wyoming 99LSO-0505
HOUSE BILL NO. HB0232
Surveyors and engineers-licensing.
Sponsored by: Representative(s) Ross and Senator(s) Hanes
A BILL
for
1 AN ACT relating to professional engineers and land
2 surveyors; renaming the state board of registration for
3 professional engineers and professional land surveyors as
4 the Wyoming board of examiners for engineering and
5 surveying; requiring a license in lieu of registration;
6 conforming provisions accordingly; providing definitions;
7 modifying intern and professional license qualifications;
8 expanding practice by corporations to partnerships and
9 limited liability companies; specifying application to
10 existing registered practitioners; and providing for an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Wyoming:
14
15 Section 1. W.S. 24-1-132(d), 33-29-114(a)(i) through
16 (vi), (viii), by creating new paragraphs (ix) and (x) and by
17 renumbering (ix) as (xi), 33-29-115(a)(intro) and (c),
18 33-29-116(b), 33-29-119(c)(intro), (i), (ii), (iii), (vi),
Page 1
1 (ix), (x), (d) through (h) and by creating a new subsection
2 (j), 33-29-120(a) and (c), 33-29-121, 33-29-124,
3 33-29-125(a)(intro), (iii), (iv), (b)(intro), (iii) and (v),
4 33-29-126(a)(intro), (ii) through (iv), (b)(intro), (ii)
5 through (iv), (c)(ii), (iii) and (d), 33-29-127(a) and (b),
6 33-29-128(a)(intro), 33-29-129, 33-29-130, 33-29-131(a)
7 through (c), 33-29-132(a)(i) through (iv), (b)(intro),
8 (ii)(A) and (C), (iv), (vii), (viii), by creating a new
9 paragraph (ix), (c) and (e), 33-29-134, 33-29-135,
10 33-29-136(a)(ii) and (iii), 33-29-137(a)(i) through (iv),
11 33-29-139(a)(intro), (b) and (c)(intro), 33-29-141(a)(viii)
12 and (ix), 33-29-147 and 33-41-117(a) (iv) are amended to
13 read:
14
15 24-1-132. Contracts for county bridge work; bids;
16 exception.
17
18 (d) All bridges to be constructed shall be designed by
19 a professional engineer who holds a valid certificate of
20 registration granted license issued by the state Wyoming
21 board of examining engineers of the state of Wyoming
22 examiners for engineering and surveying. Plans and
23 specifications shall be prepared in accordance with the
24 provisions of W.S. 24-2-106.
25
Page 2
1 33-29-114. Definitions.
2
3 (a) As used in this act:
4
5 (i) "Board" means the state board of registration
6 for professional engineers and professional land surveyors
7 Wyoming board of examiners for engineering and surveying;
8
9 (ii) "Engineer" means a person who, by reason of
10 special knowledge of the mathematical and physical sciences
11 and the principles and methods of engineering analysis and
12 design, acquired by professional education and practical
13 experience, is qualified to practice engineering as attested
14 by his registration license as a professional engineer;
15
16 (iii) "Practice of e ngineering" practice"means
17 professional service or work requiring engineering
18 education, training and experience and the application of
19 special knowledge of the mathematical, physical and
20 engineering sciences to the professional services or
21 creative work as consultation, research investigation,
22 teaching, evaluation, planning, surveying practice as
23 defined in subparagraphs (vii)(D) and (E) of this
24 subsection, design, location, development and review of
25 construction for conformance with contract documents and
Page 3
1 design, in connection with any public or private utility,
2 structure, building, machine, equipment, process, work or
3 project. A person shall be deemed to be practicing or
4 offering to practice engineering if he practices any branch
5 of the profession of engineering, or by verbal claim, sign,
6 advertisement, letterhead, card or any other manner
7 represents himself to be a professional engineer, or quotes
8 fees for professional engineering services, or executes
9 contracts or agreements for professional engineering
10 services or holds himself out as able to perform or does
11 perform any engineering service recognized by the board as
12 engineering; any service or creative work, the adequate
13 performance of which requires engineering education,
14 training and experience in the application of special
15 knowledge of the mathematical, physical and engineering
16 sciences to service or creative work such as consulting,
17 investigating, evaluating, planning, design and design
18 coordination of engineering works and systems, planning the
19 use of land and water, teaching of advanced engineering
20 subjects, performing engineering surveys and studies and the
21 review of construction for the purpose of monitoring
22 compliance with drawings and specifications, including any
23 public or private service or creative work, in connection
24 with any utilities, structures, buildings, machines,
25 equipment, processes, work systems, projects and industrial
Page 4
1 or consumer products or equipment of a mechanical,
2 electrical, hydraulic, pneumatic or thermal nature, insofar
3 as it involves safeguarding life, health or property, and
4 including other professional services necessary to the
5 planning, progress and completion of any engineering
6 services. A person practices engineering under this act if
7 he practices any branch of the profession of engineering,
8 represents himself verbally, by sign, advertisement,
9 letterhead, card or in any other way, or through the use of
10 some other title, to be a professional engineer or holds
11 himself out as able to perform or performs any engineering
12 service or work;
13
14 (iv) "Engineer-in-training registration as a professional engineer
16 licensewho is a graduate in an approved engineering
17 curriculum of four (4) or more years at a school approved by
18 the board. or, until June 30, 1991, who has eight (8) years
19 or more of education or experience in engineering work which
20 meets the standards specified by the board.In addition the
21 candidate shall have passed the engineer-in-training
22 fundamentals of engineeringexamination;
23
24 (v) "Land surveyor" means a person who by reason
25 of his knowledge of the mathematical and physical sciences,
Page 5
1 principles of land surveying and evidence gathering acquired
2 by professional education and practical experience is
3 qualified to practice land surveying as attested by his
4 registration license as aland surveyor;
5
6 (vi) "Land surveyor-in-training surveyor intern "
7 means a candidate for registration as a professional land
8 surveyor licensewho is a graduate of a school and
9 curriculum approved by the board, or who has six (6) to
10 eight (8) years or more of education or with experience, or
11 both,in land surveying work in a combination which meets
12 compliance withstandards specified by the board. In
13 addition, the candidate shall have passed the fundamentals
14 ofland surveyor-in-training surveying examination;
15
16 (viii) "Registrant registered licensed with the board under this act;
18
19 (ix) "Design coordination" means the review and
20 coordination of technical submissions prepared by others,
21 including consulting engineers, architects, landscape
22 architects, land surveyors and other professionals working
23 under the direction of the engineer;
24
Page 6
1 (x) "Engineering surveys" means all survey
2 activities required to support the sound conception,
3 planning, design, construction, maintenance and operation of
4 engineered projects, excluding the surveying of real
5 property for the establishment of land boundaries,
6 rights-of-way, easements and the dependent or independent
7 surveys or resurveys of the public land survey system;
8
9 (ix)(xi) "This act" means W.S. 33-29-114 through
10 33-29-139.
11
12 33-29-115. Creation of board.
13
14 (a) The state board of registration for professional
15 engineers and professional land surveyors Wyoming board of
16 examiners for engineering and surveyingis created to
17 consist of six (6) members appointed by the governor for a
18 term of four (4) years plus the state engineer who shall
19 serve during his term in office. The board shall be
20 composed of:
21
22 (c) The governor may remove a member of the board as
23 provided in W.S. 9-1-202. Appointment to fill a vacancy
24 caused other than by expiration of term shall be for the
25 unexpired portion of the term. The governor shall appoint
Page 7
1 by July 1, 1987, the professional land surveyor member of
2 the board to take office July 1, 1987, and to serve until
3 March 31, 1991, and the public member of the board to take
4 office on July 1, 1987, and to serve until March 31, 1989.
5 Members of the board under the former provisions of W.S.
6 33-29-101 shall continue as members of the board under this
7 section until expiration of their terms.
8
9 33-29-116. Qualifications of board members.
10
11 (b) Each member who is an engineer or land surveyor
12 shall have had at least ten (10) years active professional
13 experience as attested by registration and be actively
14 practicing as a licensed professional engineer or land
15 surveyorunder this chapter.
16
17 33-29-119. Powers and duties of board.
18
19 (c) Powers and duties of The board include the
20 following shall:
21
22 (i) Adopt an official seal for attestation of
23 certificates of registration licensure and other official
24 papers and documents;
25
Page 8
1 (ii) Consider and pass upon licenseapplications;
2 for registration;
3
4 (iii) Examine, certify, renew and recertify for
5 registration licenses of duly qualified individuals;
6
7 (vi) Determine and administer appropriate
8 disciplinary action against all individuals found guilty by
9 the board of violating this act, or the rules and
10 regulations of the board or the Corner Perpetuation and
11 Filing Act;
12
13 (ix) Keep a register which shall show the date of
14 each licenseapplication, for registration,the name of the
15 applicant, the practice or branch of practice in which the
16 applicant has applied for registration a license and the
17 disposition of the application;
18
19 (x) Determine and collect reasonable registration
20 licenseand renewal fees not to exceed two hundred dollars
21 ($200.00) each as established by the rules and regulations
22 of the board under W.S. 33-1-201;
23
24 (d) The board shall specify on the certificate of
25 registration license and renewal card issued to each
Page 9
1 registered licensed engineer the branch of engineering in
2 which the engineer has demonstrated proficiency and
3 authorize him to use the title of registeredlicensed
4 professional engineer. The board shall decide what branches
5 of engineering shall be recognized.
6
7 (e) The board may hold membership in and be
8 represented at national councils or organizations of
9 professions registered licensed under this act and may pay
10 the appropriate membership fees. The board may conduct
11 standard examinations on behalf of national councils and may
12 establish fees for those examinations.
13
14 (f) The board may employ persons as it deems necessary
15 to administer and enforce this act including persons paid on
16 a fee basis to prepare and grade examinations given to
17 applicants for registration licensure and to fix the fee to
18 be paid for the services. The employees are authorized to
19 prepare, grade and monitor examinations and perform other
20 services the board authorizes and receive payment therefor.
21
22 (g) The board may adopt a nationally recognized code
23 of ethics for the practice of engineering and land surveying
24 for registrants licensees.
25
Page 10
1 (h) The board may require evidence it deems necessary
2 to establish the continuing competency of registrants
3 licenseesas a condition of renewal of licenses.
4
5 (j) The board may establish by rule and regulation
6 minimum standards of practice for professional land
7 surveyors.
8
9 33-29-120. Petition for injunction.
10
11 (a) The district court shall issue an injunction
12 forthwith upon a petition filed as provided in this section
13 to enjoin the practice of engineering or land surveying by
14 any person not registered licensed to practice those
15 occupations or who is not exempt under this act from
16 registration license requirements.
17
18 (c) In a petition for injunction pursuant to
19 subsection (a) of this section, it shall be sufficient to
20 charge that the respondent on a day certain in a named
21 county engaged in the practice of engineering or land
22 surveying without a registration license and without being
23 exempt under this act from registration license
24 requirements. No showing of actual damage or injury shall
25 be required.
Page 11
1
2 33-29-121. Annual report of board; filing copies of
3 lists of licensees.
4
5 In October of each year the board shall make a report to the
6 governor which shall be accompanied by a copy of the list of
7 registrants licensees. A copy of the list shall also be
8 filed with the secretary of state and with the clerk of each
9 county.
10
11 33-29-124. Certificate required for the practice of
12 engineering or land surveying; prohibition.
13
14 (a) A person desiring to practice the profession of
15 engineering or land surveying shall first secure a
16 certificate of registration and shall comply with all
17 conditions prescribed in this act. The practice of
18 engineering and land surveying is a privilege which shall be
19 granted by the board pursuant to this act, based on the
20 qualifications of the person as evidenced by certificate of
21 license. In order to safeguard life, health and property and
22 to promote the public welfare, any person, in public or
23 private capacity, desiring to practice or offer to practice
24 professional engineering or land surveying in this state
Page 12
1 shall be licensed as provided by this act and board rules
2 and regulations.
3
4 (b) No person shall practice or offer to practice
5 professional engineering or land surveying or use in
6 connection with their name or otherwise assume, use or
7 advertise any title or description conveying the impression
8 that the person is a professional engineer or land surveyor
9 unless he is licensed under this act or otherwise exempt
10 under W.S. 33-29-136.
11
12 33-29-125. Qualifications for intern license.
13
14 (a) An applicant for in-training registration as an
15 engineer intern licenseshall:
16
17 (iii) Have eight (8) years or more of education
18 or experience, or both, in engineering work of a character
19 satisfactory to the board. This paragraph is repealed June
20 30, 1991; and an advanced degree in an engineering or other
21 technical curriculum with content equivalent to programs of
22 the accreditation board for engineering technology-
23 engineering accredited commission approved by the board;
24
Page 13
1 (v) Unless exempt under W.S. 33-29-130(c), pass
2 the engineer-in-training fundamentals of engineering
3 examination.
4
5 (b) An applicant for in-training registration as a
6 land surveyor intern licenseshall:
7
8 (iii) Have an associate degree in asurveying
9 technology curriculum approved by the board plus four (4)
10 years of combined office and field experience in land
11 surveying, of which two (2) years shall have been in charge
12 of land surveying projects under the supervision of a
13 registered licensed land surveyor; or
14
15 (v) Unless exempt under W.S. 33-29-130(c), pass
16 the land surveyor-in-training fundamentals of land surveying
17 examination.
18
19 33-29-126. Qualifications for professional licensure.
20
21 (a) An applicant for aprofessional registration as an
22 engineer licenseshall:
23
24 (ii) Be registered as an engineer-in-training
25 Hold a valid engineer intern license;
Page 14
1
2 (iii) Be actively engaged in education or
3 experience, or both, in professional engineering
4 satisfactory to the board for at least an additional four
5 (4) years beyond that required for registration as an
6 engineer-in-training engineer intern license;
7
8 (iv) Unless exempt under W.S. 33-29-130, pass the
9 in-training fundamentals and professional examinations in
10 the discipline in which registration the license is sought.
11
12 (b) An applicant for aprofessional registration as a
13 land surveyor licenseshall:
14
15 (ii) Be registered as surveyor-in-training surveyor intern license;
17
18 (iii) Be actively engaged in education and
19 experience, satisfactory to the board, in professional land
20 surveying, for at least an additional four (4) years beyond
21 that required for registration as a land
22 surveyor-in-training surveyor intern license;
23
24 (iv) Unless exempt under W.S. 33-29-130, pass the
25 in-training intern and professional examinations.
Page 15
1
2 (c) In computing the period of active engagement
3 required under this section:
4
5 (ii) Study satisfactorily completed in a graduate
6 level land surveying curriculum and school approved by the
7 board is considered equivalent to a maximum of one (1) year
8 of active engagement. Each year of full-time employment
9 teaching land surveying or other courses approved by the
10 board as pertinent to the profession in which registration
11 the licenseis sought in a school approved by the board is
12 equivalent to one (1) year of active engagement;
13
14 (iii) Each year of experience shall be of a
15 professional nature under the supervision of a registered
16 licensedprofessional engineer or land surveyor, as
17 appropriate, and of a character satisfactory to the board.
18
19 (d) Experience credited by the board under this
20 section and W.S. 33-29-124, 33-29-125 and 33-29-130 shall be
21 attained under the direct supervision of a professional who
22 is satisfactory to the board and registered licensed in this
23 state, another state or foreign country in the profession in
24 which the applicant is seeking registration the license.
25
Page 16
1 33-29-127. Application for licensure.
2
3 (a) A person desiring to practice engineering or land
4 surveying shall apply for registration a license under this
5 acton a form prescribed by the board, subscribed under oath
6 and accompanied by the application fee. If the evidence
7 submitted satisfies the board that the applicant is fully
8 qualified under W.S. 33-29-126 or 33-29-130 to practice the
9 profession for which registration the license is asked
10 requested, the applicant shall be given a certificate of
11 registration license, signed by the president and secretary
12 of the board and attested by the official seal.
13
14 (b) If in the judgment of the board the applicant has
15 not furnished satisfactory evidence of qualifications for
16 registration a license under W.S. 33-29-126 or 33-29-130 the
17 board may require additional data, or may require the
18 applicant to submit to an additional oral or written
19 examination specified by rule and regulation ofthe board.
20 in its rules and regulations.
21
22 33-29-128. Fees.
23
24 (a) The board shall publish in its rules a schedule of
25 fees for applications, examinations and other miscellaneous
Page 17
1 services not to exceed the following: pursuant to W.S.
2 33-1-201. An application for professional engineer and land
3 surveyor shall be considered as two (2) applications.
4
5 33-29-129. Seals for licensees.
6
7 (a) The board shall adopt and prescribe seals for use
8 of registrants who hold by persons holding valid
9 certificates licenses issued under this act. Each seal shall
10 bear the name of the registrant licensee, shall state the
11 profession in which he is permitted to practice and, in the
12 case of engineering, the branch or branches of engineering
13 in which he has demonstrated proficiency, and other data the
14 board deems pertinentdata.
15
16 (b) Plans, specifications, plats or reports prepared
17 by a registrant licensee or his bona fide employee shall be
18 issued under his seal, with the signature of the licensee,
19 and the date plans were signed, superimposed over the seal.
20
21 (c) It is unlawful for a registrant licensee whose
22 certificate license has expired or has been revoked or
23 suspended to use the seal, or for a registrantlicensee to
24 sign, stamp or seal any document not prepared by him or by
25 an employee under his supervision.
Page 18
1
2 (d) It is unlawful for any nonregistrant person not
3 licensed under this actto cause or permit the illegal use
4 of a registrant's licensee's seal, signature or stamp on any
5 document prepared by the nonregistrant person not licensed.
6
7 33-29-130. Licensure without examination.
8
9 (a) The board may register license without examination
10 an applicant for professional engineer who holds a valid
11 certificate of registration license issued by another state
12 or foreign country which has or had requirements for
13 registration substantially similar to those of this state
14 licensure which were equivalent or exceeding the
15 requirements of Wyoming at the time the license was granted.
16
17 (b) An applicant for professional registration as a
18 land surveyor licensewho satisfies any one (1) ofthe
19 requirements of subsection (a) of this section shall pass
20 the part of the professional land surveyor examination
21 relating to the surveying methods and legal principles in
22 this state as prescribed by the board in its rules.
23
24 (c) The board may exempt an applicant from the
25 in-training fundamentals examination if he is a graduate of
Page 19
1 a school and curriculum approved by the board and has been
2 actively engaged in experience in the profession for which
3 registration the license is sought for at least twenty (20)
4 years after graduation.
5
6 33-29-131. Renewal of license; fees and penalties.
7
8 (a) The board may establish a staggered system for
9 renewing certificates of registration licenses on a
biennial
10 basis.
11
12 (b) Certificates of registration but the total fee shall not exceed the amount
18of the registration fee.
19
20 (c) The board may cancel a certificate of registration
21 licenseif it has remained invalid for two (2) years and
22 require a new application, accompanied by the application
23 fee for reregistration a license.
24
Page 20
1 33-29-132. Revocation of license; penalties; censure;
2 probation; hearing; notice of findings; appeal.
3
4 (a) The board may take the following disciplinary
5 actions, in combination or alternatively:
6
7 (i) Revocation of a certificate of registration
8license;
9
10 (ii) Suspension of a certificate of registration
11license;
12
13 (iii) In addition to other remedies prescribed
14 under this act and in accordance with requirements of the
15 Wyoming Administrative Procedure Act, imposition of an
16 administrative penalty in an amount not to exceed two
17 thousand dollars ($2,000.00) for each violation of this act
18 or rules promulgated under this act to be credited to the
19 general fund;
20
21 (iv) Imposition of restrictions on the scope of
22 the registrant's licensee's professional practice;
23
Page 21
1 (b) The board may take disciplinary action against the
2 holder of a certificate license under this act, upon
proof
3 satisfactory to the board that the person:
4
5 (ii) Has practiced fraud or misrepresentation:
6
7 (A) In obtaining a certificate of
8 qualification license, whether in the application or
9 qualification examination;
10
11 (C) In signing any document as a registered
12 licensedprofessional.
13
14 (iv) Has aided or abetted another to evade or
15 violate this act or knowingly combining or conspiring with
16 an unregistered a personnot licensed under this
act, or
17 allowing one's registration license to be used by
an
18 unregistered a person not licensedor acting as
agent,
19 partner, associate or otherwise, for an
unregistered the
20 person not licensedwith intent to evade or violate this
21 act;
22
23 (vii) Has knowingly engaged in an act which the
24 registrant licensee knew was beyond the scope of his
25 professional practice as evidenced by limitations on the
Page 22
1 registrant's licensee's right to practice, or
insufficient
2 education and knowledge, or inability to apply engineering
3 or land surveying principles and skills;
4
5 (viii) Has violated this act, W.S. 33-29-140
6 through 33-29-149 or any provision of the rules or
7 regulations of the board or any order of the board;.
8
9 (ix) Has had disciplinary action taken against
10 him under a license to practice engineering or land
11 surveying in another jurisdiction, territory or possession
12of the United States.
13
14 (c) Upon reasonable grounds to believe that a person
15 under the board's authority has committed acts in violation
16 of this act, the board may conduct investigations, hearings
17 and proceedings in accordance with the Wyoming
18 Administrative Procedure Actto determine whether a
19 disciplinary action should be taken against the holder of a
20 certificate the license under this act. The board
may issue
21 subpoenas for the attendance of witnesses and the production
22 of books, records, documents and other evidence it deems
23 relevant to an investigation or hearing. A disciplinary
24 action may be informally settled by the board and the holder
25 of a certificate the license under this act who is
the
Page 23
1 subject of the action either before or after initiation of
2 hearing proceedings.
3
4 (e) The board shall immediately notify the clerk of
5 each county in the state and the secretary of state, in the
6 case of a corporation, limited liability company or firm
7partnership, of the suspension or revocation of a
8 certificate license or of the reissuance of a
suspended or
9 revoked certificate license.
10
11 33-29-134. Practice by corporations, partnership and
12 limited liability companies.
13
14 (a) The practice of or offer to practice professional
15 engineering or professional land surveying by individual
16 registered licensed professional engineers or
individual
17 registered licensed professional land surveyors,
through as
18 a corporation, or by a corporation partnership or
limited
19 liability companythrough individual registeredlicensed
20 professional engineers or individual registeredlicensed
21 professional land surveyors, as employees or officers, is
22 permitted subject to the provisions of this act. All
23 personnel of the corporation, partnership or limited
24 liability companywho act in its behalf as professional
25 engineers or professional land surveyors in this state must
Page 24
1 shallbe registered licensed as provided by
this act, or be
2 persons lawfully practicing under the exceptions enumerated
3 in W.S. 33-29-136. The corporation, partnership or limited
4 liability company,except utilities regulated by the Wyoming
5 public service commission, shall apply for and be issued a
6 certificate of authorization by the board as provided by
7 this act. No corporation, partnership or limited liability
8 companyshall be relieved of responsibility for the conduct
9 or acts of its employees or officers by reason of its
10 compliance with this act, nor shall any individual
11 practicing professional engineering or professional land
12 surveying be relieved of responsibility for engineering or
13 land surveying services performed by reason of his
14 employment or relationship with the corporation, partnership
15or limited liability company. All final drawings,
16 specifications, plats, reports, or other engineering or
land
17 surveying papers or documents involving the practice of
18 professional engineering or professional land surveying,
19 which are prepared or approved for the use of or for
20 delivery to any person or for public record within this
21 state shall be dated and bear the signature and seal of the
22 professional engineer or professional land surveyor who
23 prepared or approved them.
24
Page 25
1 (b) A corporation, partnership or limited liability
2 companydesiring a certificate of authorization for
3 engineering, for land surveying, or for both, shall file
4 with the board a description of the engineering or land
5 surveying service to be offered or practiced in the state,
6 upon an application form prescribed by the board and the
7 designation required by subsection (c) of this section
8 accompanied by the application fee established by the board
9under W.S. 33-1-201.
10
11 (c) The corporation, partnership or limited liability
12 companyshall file with the board a designation of an
13 individual or individuals duly registered and certified
14 licensedto practice professional engineering or
15 professional land surveying in the state who are responsible
16 for or in charge of the practice of professional engineering
17 or land surveying, as applicable, by the corporation,
18 partnership or limited liability companyin this state. If
19 there is a change in the individual or individuals
20 responsible or in charge, the changes shall be designated
21 in writing and filed with the board within thirty (30) days
22 after the effective date of the change.
23
24 (d) If all requirements of this act are met, the board
25 shall issue a certificate of authorization for professional
Page 26
1 engineering, for land surveying or for both, to the
2 corporation, partnership or limited liability company. The
3 board may refuse to issue a certificate if any facts exist
4 which would entitle the board to suspend or revoke an
5 existing certificate.
6
7 (e) A professional engineer or professional land
8 surveyor who renders occasional, part-time or consulting
9 engineering or land surveying services to or for a firm
10 corporation, partnership or limited liability companymay
11 not be designated as the person in charge for the
12 professional activities of the firm corporation,
partnership
13or limited liability company.
14
15 33-29-135. Public works.
16
17 (a) Drawings, plans, specifications and estimates for
18 public works of the state or a political subdivision thereof
19 involving engineering or land surveying, shall be prepared
20 by or under the personal direction of, and the review of
21 construction of the works for the purpose of
monitoring
22 compliance with drawings and specificationsshall be
23 executed under the direct supervision of a qualified
24 registrant licensee within the category involved.
25
Page 27
1 (b) Surveys or maps required in connection with land
2 surveying shall be made by or under the personal direction
3 of a qualified registrant licensee.
4
5 33-29-136. Exemptions and limitations.
6
7 (a) Engineering or land surveying may be practiced
8 without compliance with this act by:
9
10 (ii) An employee of a registrant licensee
or of a
11 person exempt from registration licensing
requirements, if
12 the employment does not involve direct responsibility for
13 design, inspection or supervision;
14
15 (iii) Any full-time employee of any corporation,
16 partnership or limited liability companywhile doing work
17 for that corporation, provided, thatpartnership or limited
18 liability company ifall maps, plats, plans or designs filed
19 in any office of public record in the state of Wyoming shall
20 be are made and certified to by a registeredlicensed
21 professional engineer or professional land surveyor as
22 provided by W.S. 33-29-139. This exemption does not apply
23 to corporations, partnerships or limited liability companies
24 offering their services to the public as professional
25 engineers or professional land surveyors or to corporations,
Page 28
1 partnerships or limited liability companiesengaged in
2 designing and supervising the building of works for public
3 or private interests not their own.
4
5 33-29-137. Violations.
6
7 (a) Any person who commits any of the following acts
8 is guilty of a misdemeanor:
9
10 (i) Practices, offers to practice or by any
11 implication holds himself out as qualified to practice as an
12 engineer or land surveyor, who is not registeredlicensed as
13 provided by this act;
14
15 (ii) Advertises or displays a card, sign or other
16 device which may indicate to the public that he is an
17 engineer or land surveyor, or is qualified to practice as
18 such, who is not registered licensed as provided by
this
19 act;
20
21 (iii) Assumes the title of engineer or land
22 surveyor, or uses a certificate of registration the
license
23 of another, or uses an expired, suspended or revoked
24 certificate of registration license;
25
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1 (iv) Presents false evidence to the board with
2 the intent to obtain a certificate of registrationlicense;
3
4 33-29-139. Maps, plats, plans or designs for filing to
5 be made and certified by professional engineer or surveyor;
6 exception; size of maps.
7
8 (a) All maps, plats, plans or designs necessary to be
9 filed in the state engineer's office, the office of state
10 lands and investments, all county clerks offices, all city
11 or town offices, or any other office of public record in the
12 state of Wyoming, shall be made and certified by a
13 professional engineer or land surveyor registeredlicensed
14 under this act. The original must either be drawn in
15 waterproof black ink or acetate ink, or be an acceptable
16 photographic or other kind of reproduction on good quality
17 tracing linen or a polyester base drafting film in a minimum
18 thickness of four-thousandths (.004) inch shall comply
with
19minimum standards specified by board rule and regulation.
20 All maps, plats, plans or designs shall conform to one (1)
21 of the following sizes and shall consist of one (1) original
22 drawing together with one (1) print:
23
24 (b) The requirement for certification of maps and
25 plans by a registered licensed professional engineer
or land
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1 surveyor shall not apply, in the case of applications filed
2 in the state engineer's office, to construct small
3 reservoirs for stock purposes only, fishing preserve waters,
4 wetlands and wildlife propagationwhere the capacity of such
5 thereservoir does not exceed twenty (20) acre feet or
6 twenty (20) feet in fill height,; to develop springs
for
7 stockwater purposes of up to twenty-five (25) gallons per
8 minute; or for domestic purposes of up to twenty-five
(25)
9 gallons per minute diverting from a streamto construct
10 flood water detention dams storing fifty (50) acre feet or
11 less and not to exceed twenty (20) feet in fill height
12 provided the dam has a minimum outlet of eighteen (18)
13 inches diameter and the dead storage does not exceed twenty
14 (20) acre feet.
15
16 (c) The application may be signed by the applicant or
17 an agent acting for him, and may be accompanied by aerial
18 photographs or United States geological survey quadrangle
19 maps of a scale conforming to the requirements of this act
20 with designation thereon of the township, range, section,
21 and section corner or quarter corner, and the location of
22 the installation designated in the quarter section on the
23 photographs or United States geological survey quadrangle
24 maps a description of which shall indicate:
25
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1 33-29-141. Definitions.
2
3 (a) Except where the context indicates a different
4 meaning, terms used in W.S. 33-29-140 through 33-29-149
5 shall be defined as follows:
6
7 (viii) A "registered registered licensed to practice land
9 surveying under W.S. 33-29-114 through 33-29-139, and has a
10 current certificate license for that calendar year;
11
12 (ix) The "board" is the state board of
13 registration for professional engineers and professional
14 land surveyors Wyoming board of examiners for engineering
15and surveying.
16
17 33-29-147. Signature on corner record required.
18
19 No corner record shall be filed unless the same is signed by
20 a registered licensed land surveyor, or, in the case
of an
21 agency of the United States government or the state of
22 Wyoming, the certificate may be signed by the survey party
23 chief making the survey.
24
25 33-41-117. Exemptions.
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1
2 (a) The following are exempt from the licensing
3 provisions of this act if they do not use the title of
4 professional geologist or are not directly represented or
5 held out to the public to be legally qualified to engage in
6 the practice of geology before the public:
7
8 (iv) Qualified engineers and land surveyors,
9 registered licensed by the board of
registration for
10 professional engineers and professional land surveyors
11 Wyoming board of examiners for engineering and surveying
12 pursuant to W.S. 33-29-114 through 33-29-139 are exempt from
13 the registration licensing provisions of this act,
14 providing, that no name, title, or words are used which tend
15 to convey the impression that a nonregisterednonlicensed
16 individual is offering to perform services as a professional
17 geologist;
18
19 Section 2. W.S. 33-29-125(b)(iv), 33-29-128(a)(i)
20 through (iii), 33-29-131(d) and 33-29-138 are repealed.
21
22 Section 3.
23
24 (a) Any individual holding a valid certificate of
25 registration issued prior to July 1, 1999, shall be deemed
Page 33
1 to be licensed under this act until renewed in accordance
2 with law and rule and regulation of the board of examiners
3 for engineering and surveying.
4
5 (b) Any person serving on the Wyoming board of
6 examiners for engineering and surveying pursuant to an
7 appointment made prior to the effective date of this act is
8 exempt from the licensing requirements imposed under W.S.
9 33-29-116(b).
10
11 Section 4. This act is effective July 1, 1999.
12
13 (END)
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