AB892: Bill Text

AB892,8,25 442.02 (9) Nothing contained in this chapter shall apply to any persons who may be employed by more than one person, partnership or corporation, business enti ty for the purpose of keeping books, making trial balances or statements, and prepar ing audits or reports, provided such audits or reports are not used or issued by the employers as having been prepared by a public accountant and provided such per sons do not do any of the things enumerated in sub. (5m) (a), without complying with sub. (5m) (b).

AB892, s. 26 Section 26. 442.03 (1) of the statutes is amended to read:

AB892,9,9 442.03 (1) No person may lawfully practice in this state as a certified public accountant either in the person's own name, or as an employe, or under an assumed name, or as an officer, member a business representative or employe of a firm, or as an officer or employe of a corporation business entity or sole proprietorship, unless the person has been granted by the examining board a certificate as a certified public accountant, and unless the person, firm or corporation jointly and severally, has and the business entity have complied with all of the provisions of this chapter, including licensure.

AB892, s. 27 Section 27. 442.03 (2) of the statutes is amended to read:

AB892,9,18 442.03 (2) No person may lawfully practice in this state as a public accountant either in the person's own name, or as an employe or under an assumed name, or as an officer, a business representative or employe or member of a firm, or as an officer or employe of a corporation business entity or sole proprietorship, unless the person has been granted by the examining board a certificate of authority as a public accoun tant and unless the person, firm or corporation, jointly and severally, has and the business entity have complied with all of the provisions of this chapter, including li censure.

AB892, s. 28 Section 28. 442.03 (3) of the statutes is amended to read:

AB892,9,24 442.03 (3) No corporation or other business entity and no officer, partner, stock holder business representative or employe thereof may lawfully practice in this state as a public accountant or a certified public accountant either in the entity's or per son's name, or as an employe or under an assumed name, unless the natural person has been granted by this examining board a certificate of authority as a public accountant and unless the person or entity, jointly and severally, has and the busi ness entity have complied with all the provisions of this chapter, including licensure.

AB892, s. 29 Section 29. 442.06 of the statutes is repealed.

AB892, s. 30 Section 30. 442.07 (2) of the statutes is amended to read:

AB892,10,13 442.07 (2) No person may practice in this state as a certified public accountant or a public accountant, either in the person's name, under an assumed name, or as a member business representative or employe of a partnership business entity, ex cept as provided in s. 442.02 (10), unless the person has been granted a certificate by the examining board and secured a license for the current licensure period. No person may practice in this state as a public accountant, as an officer or director a business representative of a corporation business entity engaged in the practice of public accounting, unless the corporation business entity, other than a sole propri etorship, has secured a license for the current licensure period.

AB892, s. 31 Section 31. 442.07 (3) of the statutes is amended to read:

AB892,11,4 442.07 (3) Any partnership, which business entity that is entitled to practice as a certified public accountant or as certified public accountants in this state or any other state, every resident member business representative and resident manager of which is a certified public accountant of this state, after registering the partner ship business entity name with the examining board, may use the designation "certi fied public accountant" or "certified public accountants" in connection with the part nership business entity name. Any partnership business entity, every member business representative and resident manager of which is a certified public accoun tant of this state or any other state or holds a certificate of authority under this chap ter, after registering the partnership business entity name with the examining board, may use the designation "public accountant" or "public accountants" in con nection with the partnership business entity name. An assumed name, in use prior to September 21, 1935, may be used the same as a partnership name, provided the individual persons practicing as principals under that name hold certificates granted by the examining board and register the name with the examining board.

AB892, s. 32 Section 32. 442.08 of the statutes is amended to read:

AB892,11,12 442.08 Licensure. Upon application by a holder of an unrevoked Wisconsin certificate as a certified public accountant or an unrevoked Wisconsin certificate of authority as provided for in this chapter, the department shall issue a license to the holder. A license shall also be issued to any partnership or corporation business enti ty, upon application, which has complied with this chapter. The renewal date and renewal fee for licenses issued under this chapter are specified under s. 440.08 (2) (a).

AB892, s. 33 Section 33. 442.10 (1) of the statutes is amended to read:

AB892,11,25 442.10 (1) Whenever any person, as a certified public accountant or public ac countant, signs or certifies any report, schedule or statement relative to the affairs of any corporation, association or partnership business entity in which the person is financially interested or by which the person is regularly engaged as an officer a busi ness representative or employe, the signature or certification shall be accompanied by a specific statement setting forth the fact that the person is financially interested in or is an officer a business representative or regular employe of the corporation, association or partnership business entity. If the person is both financially inter ested and an officer a business representative or regular employe, the statement shall cover both financial interest and employment. In the case of a corporation hold ing a certificate of authority signing or certifying as above, the interest of any of its stockholders shall be disclosed.

AB892, s. 34 Section 34. 442.10 (2) of the statutes is amended to read:

AB892,12,9 442.10 (2) Notwithstanding sub. (1), no person licensed under this chapter, and no firm business entity of which the person is a partner or shareholder business rep resentative, may express an opinion as an independent certified public accountant on financial statements of any enterprise unless the person and the firm business entity are independent of the enterprise. The requirement for independence under this subsection also extends to the spouse of such a person and to other relatives hav ing a financial or business relationship with the enterprise which, in the opinion of the examining board, may impair independence.

AB892, s. 35 Section 35. 442.11 (2) of the statutes is amended to read:

AB892,12,16 442.11 (2) Who, when practicing under an assumed name, or as a member busi ness representative of a partnership business entity, other than one which is regis tered under s. 442.07 as composed of certified public accountants, or as an officer a business representative of a corporation business entity, announces, either in writ ing or by printing, that the assumed name, partnership or corporation business enti ty is practicing as a certified public accountant; or

AB892, s. 36 Section 36. 442.11 (3) of the statutes is amended to read:

AB892,12,21 442.11 (3) Who, as a member of a partnership business entity, announces, ei ther in writing or by printing, that the partnership business entity is practicing as "public accountant" or "public accountants" unless the partnership business entity is registered as such under s. 442.07; or

AB892, s. 37 Section 37. 442.11 (4) of the statutes is amended to read:

AB892,13,2 442.11 (4) Who, as an officer a business representative of a corporation busi ness entity, permits it to practice as a public accountant unless it is registered with the examining board, and holds an unrevoked certificate of authority from the ex amining board; or

AB892, s. 38 Section 38. 442.11 (8) of the statutes is amended to read:

AB892,13,8 442.11 (8) Who shall as an individual, or, as a member of a partnership or as an officer or director business representative of a corporation business entity, prac tice or permit the partnership or corporation business entity to practice as a certified public accountant or as a public accountant unless a license has been secured for the current licensure period; or

AB892, s. 39 Section 39. 442.11 (13) of the statutes is amended to read:

AB892,13,16 442.11 (13) Who shall, as an individual, or as a member business representa tive or employe of a partnership or as an officer of a corporation business entity, per mit to be announced by printed or written statement that any report, certificate, ex hibit, schedule or statement has been prepared by or under supervision of a certified public accountant or by or under supervision of a public accountant when the person who prepared the same was not such certified public accountant or public accoun tant.

AB892, s. 40 Section 40. 442.12 (3) of the statutes is amended to read:

AB892,13,23 442.12 (3) In the case of a corporation or a partnership business entity, revoke, limit or suspend the license of the partnership or corporation business entity, or rep rimand it, if it is found that any officer, director or member business representative or employe has been guilty of such act or omission as would be cause for revoking, limiting or suspending a certificate or license to the person as an individual or for reprimanding the person.

AB892, s. 41 Section 41. 442.13 of the statutes is amended to read:

AB892,14,11 442.13 Ownership of accountant's working papers. All statements, re cords, schedules, working papers and memoranda made by a certified public accoun tant or public accountant incident to or in the course of professional service to clients by such accountant, except reports submitted by a certified public accountant or pub lic accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the con trary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more a surviving partners business entity or new or a successor partners of such accountant business entity.

AB892, s. 42 Section 42. 443.08 (title) of the statutes is amended to read:

AB892,14,14 443.08 (title) Registration requirement: firms, partnerships and corpo rations business entities.

AB892, s. 43 Section 43. 443.08 (1) of the statutes is amended to read:

AB892,15,2 443.08 (1) The practice of architecture, professional geology and professional engineering pertaining to the internal operations of a firm, partnership or corpora tion business entity may be performed by employes if the architectural, professional geological or professional engineering services are performed by or under the direct supervision of architects, professional geologists or professional engineers registered under this chapter, or persons exempt from registration under s. 443.14. Registered or exempt architectural, professional geological or professional engineering em ployes may provide architectural, professional geological or professional engineering data with respect to the manufacture, sale and utilization of the products of the firm, partnership or corporation business entity to other registered or exempt architects, professional geologists or professional engineers.

AB892, s. 44 Section 44. 443.08 (2) of the statutes is amended to read:

AB892,15,12 443.08 (2) The practice of or the offer to practice architecture, professional geol ogy, professional engineering or designing by individual architects, professional geologists, professional engineers or designers registered or granted a permit under this chapter, through a firm, partnership or corporation business entity as princi pals, officers, employes or agents business representatives, is permitted subject to this chapter, if all personnel who practice or offer to practice in its behalf as archi tects, professional geologists, professional engineers or designers are registered or granted a permit under this chapter and, if the business entity is a corporation, the corporation has been issued a certificate of authorization under sub. (3).

AB892, s. 45 Section 45. 443.08 (4) (a) of the statutes is amended to read:

AB892,15,21 443.08 (4) (a) No firm, partnership or corporation business entity may be re lieved of responsibility for the conduct or acts of its agents, business representatives or employes or officers by reason of its compliance with this chapter, nor may any in dividual practicing architecture, landscape architecture, professional geology, pro fessional engineering or designing be relieved of responsibility for architectural, landscape architectural, professional geological, professional engineering or design ing services performed by reason of his or her employment or relationship with the firm, partnership or corporation business entity.

AB892, s. 46 Section 46. 443.08 (4) (b) of the statutes is amended to read:

AB892,16,7 443.08 (4) (b) All final drawings, specifications, plans, reports or other architec tural, geological, engineering or designing papers or documents involving the prac tice of architecture, professional geology, professional engineering or designing, or landscape architectural papers or documents prepared by a landscape architect reg istered under this chapter, prepared for the use of the corporation business entity, for delivery by it to any person or for public record within the state shall be dated and bear the signature and seal of the architect, landscape architect, professional geolo gist, professional engineer or designer who was in responsible charge of their prepa ration. This paragraph does not apply to persons exempt under s. 443.14 (3), (4) or (5).

AB892, s. 47 Section 47. 443.08 (5) of the statutes is amended to read:

AB892,16,16 443.08 (5) No firm, partnership or corporation business entity may engage in the practice of or offer to practice architecture, professional geology, professional en gineering or designing in this state, or use in connection with its name or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture, professional geology, professional engineering or designing, nor may it advertise or offer to furnish an architectural, professional geological, professional engineering or designing service, unless the firm, partnership or corporation business entity has complied with this chapter.

AB892, s. 48 Section 48. 443.08 (6) of the statutes is amended to read:

AB892,16,24 443.08 (6) Any firm, partnership or corporation using the word "engineering" or any of its derivatives in its name prior to April 24, 1964, shall be permitted to con tinue to do so and shall be permitted to use such word in any new firm, partnership or corporation business entity formed as a result of a reorganization of the firm, part nership or corporation, if the firm, partnership or corporation business entity does not practice or offer to practice architecture, professional engineering or designing unless it complies with all other applicable provisions of this chapter.

AB892, s. 49 Section 49. 443.11 (2) of the statutes is amended to read:

AB892,17,9 443.11 (2) The examining board may reprimand or may limit, suspend or re voke the certificate of authorization of a corporation if any of its agents, business rep resentatives or employes or officers has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension or revocation of the certificate of registration of a registrant or the certificate of record of an engi neer-in-training under this chapter, unless the corporation submits evidence satis factory to the examining board that the agent, business representative or employe or officer is not now practicing or offering to practice architecture, professional geolo gy or professional engineering in its behalf.

AB892, s. 50 Section 50. 443.14 (4) of the statutes is amended to read:

AB892,17,19 443.14 (4) Any person who practices architecture, professional geology or pro fessional engineering, exclusively as a regular employe of a private company or cor poration business entity, by rendering to the company or corporation business entity architectural, professional geological or professional engineering services in connec tion with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation business entity has at least one architect, professional geologist or professional engineer who is registered under this chapter in responsible charge of the company's or corporation's business entity's architectural, professional geological or professional engineering work in this state.

AB892, s. 51 Section 51. 443.15 (2) of the statutes is amended to read:

AB892,18,3 443.15 (2) Nothing in this chapter prevents any person , firm or corporation or business entity from making plans and specifications for or supervising the erection, enlargement or alteration of any new building containing less than 50,000 cubic feet total volume or addition to a building which by reason of such addition results in a building containing less than 50,000 cubic feet total volume or structural alteration to a building containing less than 50,000 cubic feet total volume. Nothing in this chapter prevents any person, firm or corporation or business entity from making re pairs or interior alterations to buildings which do not affect health or safety.

AB892, s. 52 Section 52. 445.01 (8) of the statutes is amended to read:

AB892,18,6 445.01 (8) "Person" includes firm, corporation, partnership, cooperative and association of individuals any business entity.

AB892, s. 53 Section 53. 445.105 (4) of the statutes is amended to read:

AB892,18,12 445.105 (4) Violations of this chapter or any rules or regulations of the examin ing board committed by any person, or an officer, agent or by a business representa tive or employe with the knowledge or consent of any person operating such funeral establishments, shall be considered sufficient cause for reprimand or for limitation, suspension or revocation of such funeral establishment permit.

AB892, s. 54 Section 54. 448.08 (1) of the statutes is amended to read:

AB892,18,20 448.08 (1) Fee splitting. Except as otherwise provided in this section, no per son licensed or certified under this chapter may give or receive, directly or indirectly, to or from any person, firm or corporation or business entity any fee, commission, re bate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capac ity, or for any professional services not actually rendered personally or at his or her direction.

AB892, s. 55 Section 55. 448.08 (2) of the statutes is amended to read:

AB892,19,9 448.08 (2) Separate billing required. Any person licensed under this chapter who renders any medical or surgical service or assistance whatever, or gives any medical, surgical or any similar advice or assistance whatever to any patient, physi cian or corporation business entity, or to any other institution or organization of any kind, including a hospital, for which a charge is made to such patient receiving such service, advice or assistance, shall, except as authorized by Title 18 or Title 19 of the federal social security act, render an individual statement or account of the charges therefor directly to such patient, distinct and separate from any statement or account by any physician or other person, who has rendered or who may render any medical, surgical or any similar service whatever, or who has given or may give any medical, surgical or similar advice or assistance to such patient, physician, corporation busi ness entity, or to any other institution or organization of any kind, including a hospi tal.

AB892, s. 56 Section 56. 452.09 (1) (b) of the statutes is amended to read:

AB892,19,13 452.09 (1) (b) The name and address of the applicant; if the applicant is a part nership business entity, the name and address of each member; and if the applicant is a corporation, the name and address of each of its officers business representative.

AB892, s. 57 Section 57. 452.09 (1) (d) of the statutes is amended to read:

AB892,19,18 452.09 (1) (d) The business or occupation engaged in by the applicant, or if a partnership business entity, by each member, or if a corporation, by each officer busi ness representative, for a period of at least 2 years immediately preceding the date of the application.

AB892, s. 58 Section 58. 452.09 (1) (e) of the statutes is amended to read:

AB892,19,24 452.09 (1) (e) Any other information which the department may reasonably re quire to enable it to determine the competency of each applicant, including each member business representative of the partnership, or each officer of the corporation business entity, to transact the business of a broker or salesperson in a manner which safeguards the interests of the public.

AB892, s. 59 Section 59. 452.10 (1) of the statutes is amended to read:

AB892,20,3 452.10 (1) An application shall be verified by the applicant. If made by a part nership business entity it shall be verified by at least 2 members. If made by a corpo ration it shall be verified by the president and secretary business representatives.

AB892, s. 60 Section 60. 452.12 (2) (a) of the statutes is amended to read:

AB892,20,9 452.12 (2) (a) A license may be issued to a corporation business entity if the corporation business entity has at least one officer business representative licensed as a broker. The license issued to the corporation business entity entitles each officer business representative of the corporation business entity who is a licensed broker to act as a broker on behalf of the corporation business entity.

AB892, s. 61 Section 61. 452.12 (2) (b) of the statutes is repealed.

AB892, s. 62 Section 62. 452.12 (2) (c) of the statutes is amended to read:

AB892,20,17 452.12 (2) (c) Application for a corporate or partnership business entity license shall be made on forms prescribed by the department, listing the names and address es of all officers and partners business representatives, and shall be accompanied by the fee specified in s. 440.05 (1). If there is a change in any of the officers or partners business representatives, the change shall be reported to the department, on the same form, within 30 days after the effective date of the change.

AB892, s. 63 Section 63. 452.133 (3) (b) of the statutes is amended to read:

AB892,20,22 452.133 (3) (b) Act in a transaction on the broker's own behalf, on behalf of the broker's immediate family or firm, or on behalf of any organization or business entity in which the broker has an interest, unless the broker has the written consent of all parties to the transaction.

AB892, s. 64 Section 64. 452.14 (4) of the statutes is amended to read:

AB892,21,5 452.14 (4) If a broker is a company business entity it shall be sufficient cause for reprimand or for the limitation, suspension or revocation of a broker's license that any officer, director or trustee business representative of the company, or any mem ber of a partnership business entity, or anyone who has a financial interest in or is in any way connected with the operation of a brokerage business, has been guilty of any act or omission which would be cause for refusing a broker's license to such per son as an individual.

AB892, s. 65 Section 65. 452.22 (2) of the statutes is amended to read:

AB892,21,14 452.22 (2) The certificate of the secretary or his or her designee to the effect that a specified individual, partnership or corporation business entity is not or was not on a specified date the holder of a broker's, salesperson's or time-share salesperson's license or registration, or that a specified license or registration was not in effect on a date specified, or as to the issuance, limitation, suspension or revocation of any li cense or registration or the reprimand of any holder thereof, the filing or withdrawal of any application or its existence or nonexistence, is prima facie evidence of the facts therein stated for all purposes in any action or proceedings.

AB892, s. 66 Section 66. 458.22 of the statutes is amended to read:

AB892,21,21 458.22 Use of title restricted to individual. No firm, partnership, corpora tion business entity or other group of individuals may use the title "Wisconsin certi fied appraisers", "Wisconsin certified general appraisers", "Wisconsin certified resi dential appraisers", "Wisconsin licensed appraisers" or any similar title in connection with the name or signature of the firm, partnership, corporation business entity or group of individuals.

AB892, s. 67 Section 67. 459.02 (2) of the statutes is amended to read:

AB892,22,4 459.02 (2) Nothing in this subchapter shall prohibit any corporation or mercan tile establishment business entity which maintains an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided that for the purpose of selling and fitting hearing aids it employs persons licensed under this subchapter. Such corporation or mercantile es tablishment business entity shall annually file with the examining board a list of all persons employed for the purpose of selling and fitting hearing aids.

AB892, s. 68 Section 68. 480.01 (3) (b) of the statutes is amended to read:

AB892,22,9 480.01 (3) (b) If the auction company is a partnership, association or corpora tion business entity, any partner of the partnership, officer or director of the associa tion or officer or director of the corporation business representative of the business entity.

AB892, s. 69 Section 69. 480.08 (3) (c) of the statutes is amended to read:

AB892,22,16 480.08 (3) (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence sat isfactory to the department that the person does not have an arrest or conviction re cord and, if the person is a partnership, association or corporation business entity, that no partner of the partnership, officer or director of the association or officer or director of the corporation business representative of the business entity has an ar rest or conviction record.

AB892, s. 70 Section 70. Effective dates. This act takes effect on the day after publica tion, except as follows:

AB892,22,20 (1)  The repeal and recreation of section 440.47 (5) of the statutes takes effect on July 1, 1996.