SB389: Bill Text

Also under current law, DORL is required to promulgate rules relating to the carrying of dangerous weapons by persons who are issued private detective licenses and private security permits. The rules must meet minimum requirements under a federal law regarding the reciprocity of state licenses for certain employes of armored car companies. Under current law, this state does not have licensing requirements for such employes. This bill eliminates the requirement that DORL's rules for private detectives and private security persons meet the federal law's requirements for armored car company employes.

The bill also makes nonsubstantive changes to the provisions under current law regarding private detective and private detective agency licenses and private security permits.

Examining board of architects, landscape architects, professional engineers, designers and land surveyors

Under current law, DORL and any board in DORL, including the examining board of architects, landscape architects, professional engineers, designers and land surveyors (examining board) may take disciplinary action against a person credentialed by DORL or a board if a complaint is filed against the person. Current law also contains specific provisions that allow the different sections of the examining board to take the same action. This bill eliminates these specific provisions that deal only with the examining board.

Also under current law, a credential that is issued by a board in DORL, including the examining board, may be suspended or revoked upon a vote by two-thirds of the voting members of the board. Current law also contains specific provisions that allow the land surveyor section of the examining board to take disciplinary action, including suspending or revoking a credential, or to reinstate a credential, upon a vote of three of the five members of the section. This bill eliminates these specific provisions that deal only with the land surveyor section. The bill also eliminates provisions under current law that specify that the designer section of the examining board may take disciplinary action upon a two-thirds vote by its five members.

The bill also eliminates the requirement under current law that the examining board prepare a roster of all engineers-in-training and land surveyors that are credentialed by the board. The bill does not affect a requirement under current law that each board in DORL, including the examining board, maintain a register of the names and addresses of all persons who are credentialed.

Other changes

Under current law, a person is not allowed to use a title related to audiology or speech-language pathology, or practice audiology or speech-language pathology, unless he or she is granted a license by the hearing and speech examining board. Prior to July 1, 1993, such persons were granted certificates of registration by the hearing and speech examining board. This bill eliminates all outdated references to audiology and speech-language pathology certificates of registration.

Under current law, a person may not fit or sell hearing aids unless he or she is granted a license by the hearing and speech examining board to practice as a hearing instrument specialist. "Hearing aid" is defined as a device that aids or compensates for impaired hearing. In addition, certain requirements apply to the fitting and sale of hearing aids by a person who is licensed by the hearing and speech examining board. This bill replaces the term "hearing aid" with the term "hearing instrument", which the bill defines to have the same meaning as "hearing aid" under current law.

This bill eliminates outdated references in state law to transitional appraiser licenses. Under current law, no transitional appraiser license granted by DORL is valid after January 1, 1996.

Under current law, the medical examining board grants licenses and certificates that allow a person to engage in the following professions: occupational therapist, occupational therapy assistant, physician, physician assistant, podiatrist and respiratory care practitioner. A license or certificate is not required for a person who assists a respiratory care practitioner in practice under the direct, immediate and on-premises supervision of the respiratory care practitioner.

This bill exempts a person from the requirement to be licensed or certified by the medical examining board if he or she assists an occupational therapist or occupational therapy assistant in practice under the direct, immediate and on-premises supervision of the occupational therapist or occupational therapy assistant.

Under current law, a physician or podiatrist must renew his or her certificate of registration by November 1 of each odd-numbered year. When a physician or podiatrist applies for renewal, he or she must submit proof that he or she attended and completed at least 30 hours of continuing education courses within the two calendar years preceding the calendar year for which his or her certificate of registration is effective.

This bill requires a physician or podiatrist to attend and complete the courses within the two-year period preceding the date of his or her application for renewal, instead of within the two calendar years preceding the calendar year for which his or her certificate of registration is effective.

Also, under current law, a certificate that allows an optometrist to use therapeutic pharmaceutical agents or remove foreign bodies from an eye expires on January 1 of each even-numbered year. An optometrist who applies for renewal of this certificate must satisfy continuing education requirements established in rules promulgated by the optometry examining board. The rules may not require an optometrist to complete more than 30 hours of continuing education courses within the two calendar years immediately preceding the expiration date of the certificate.

This bill requires an optometrist who applies for renewal of the certificate to complete the continuing education courses within the two years immediately preceding the date of his or her application for renewal, instead of within the two calendar years immediately preceding the expiration date of the certificate.

Under current law, the accounting examining board regulates both public accountants and certified public accountants. A person may not practice as a public accountant unless he or she holds both a certificate of authority as a public accountant that is issued by the accounting examining board and a license. A person may not practice as a certified public accountant unless he or she holds a certificate as a certified public accountant that is issued by the accounting examining board and a license. The accounting examining board may issue a certificate of authority as a public accountant only to a person who applied for the certificate before December 1, 1935. This bill eliminates the certificate of authority as a public accountant.

Current law also provides that a person who applied for a certificate as a certified public accountant before July 1, 1968, must satisfy certain education and experience requirements. This bill eliminates these requirements.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of regulation and licensing and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB389, s. 1 Section 1 . 15.405 (6m) (c) 1. of the statutes is repealed.

SB389, s. 2 Section 2 . 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (cm) and amended to read:

SB389,6,4 15.405 (6m) (cm) One audiologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 3 Section 3. 15.405 (6m) (d) 1. of the statutes is repealed.

SB389, s. 4 Section 4 . 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (dm) and amended to read:

SB389,6,9 15.405 (6m) (dm) One speech-language pathologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 5 Section 5 . 15.405 (6m) (e) of the statutes is amended to read:

SB389,6,12 15.405 (6m) (e) Two public members. One of the public members shall be a hearing aid instrument user.

SB389, s. 6 Section 6 . 15.407 (4) (a) 1. of the statutes is repealed.

SB389, s. 7 Section 7. 15.407 (4) (a) 2. of the statutes is renumbered 15.407 (4) (am) and amended to read:

SB389,6,17 15.407 (4) (am) Three speech-language pathologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 8 Section 8 . 15.407 (4) (b) 1. of the statutes is repealed.

SB389, s. 9 Section 9 . 15.407 (4) (b) 2. of the statutes is renumbered 15.407 (4) (bm) and amended to read:

SB389,6,22 15.407 (4) (bm) Two audiologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 10 Section 10 . 29.193 (2) (a) 1. of the statutes is amended to read:

SB389,7,3 29.193 (2) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB389, s. 11 Section 11 . 29.324 (1) (a) of the statutes is amended to read:

SB389,7,6 29.324 (1) (a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB389, s. 12 Section 12 . 45.353 (3) of the statutes is amended to read:

SB389,8,2 45.353 (3) Application by any such state veterans organization shall be filed annually with the department for the 12-month period commencing on April 1 and ending on March 31 of the year in which it is filed. An application shall contain a statement of salaries and travel expenses paid to employes engaged in veterans claims service maintained at the regional office by such state veterans organization covering the period for which application for a grant is made, which statement has been certified as correct by an a certified public accountant certified licensed under ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall also contain the state organization's financial statement for its last completed fiscal year and such evidence of claims service activity as the department requires. Sufficient evidence shall be submitted with an initial application to establish that the state veterans organization, or its national organization, or both, has maintained a full-time service office at the regional office without interruption throughout 5 years out of the 10-year period immediately preceding such application. Subsequent applications must be accompanied by an affidavit by the adjutant or principal officer of such state veterans organization stating that a full-time service office was maintained at the regional office by such state veterans organization, or by such state organization and its national organization, for the entire 12-month period for which application for a grant is made.

SB389, s. 13 Section 13 . 49.45 (8) (a) 7. of the statutes is amended to read:

SB389,8,6 49.45 (8) (a) 7. "Speech-language pathologist" means an individual engaged in the practice of speech-language pathology, as regulated under ch. 459 has the meaning given in s. 459.20 (4).

SB389, s. 14 Section 14 . 66.044 (3) of the statutes is amended to read:

SB389,8,11 66.044 (3) The ordinance shall provide that the governing body of the city or village shall authorize an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed under ch. 442 and designated by the governing body.

SB389, s. 15 Section 15 . 77.54 (22) (b) of the statutes is amended to read:

SB389,8,15 77.54 (22) (b) Artificial limbs, artificial eyes, hearing aids instruments and other equipment worn as a correction or substitute for any functioning portion of the body.

SB389, s. 16 Section 16 . 100.03 (1) (bm) of the statutes is amended to read:

SB389,8,22 100.03 (1) (bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority licensed under ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.

SB389, s. 17 Section 17 . 100.03 (1) (ym) 2. of the statutes is amended to read:

SB389,9,3 100.03 (1) (ym) 2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority licensed under ch. 442.

SB389, s. 18 Section 18 . 102.01 (2) (c) of the statutes is amended to read:

SB389,9,10 102.01 (2) (c) "Injury" means mental or physical harm to an employe caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids instruments and eyeglasses, but, in the case of hearing aids instruments or eyeglasses, only if such damage or destruction resulted from accident which that also caused personal injury entitling the employe to compensation therefor either for disability or treatment.

SB389, s. 19 Section 19 . 111.335 (1) (cg) 1. of the statutes is amended to read:

SB389,9,15 111.335 (1) (cg) 1. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to deny or refuse to renew a license or permit under s. 440.26 subch. II of ch. 440 to a person who has been convicted of a felony and has not been pardoned for that felony.

SB389, s. 20 Section 20. 111.335 (1) (cg) 2. of the statutes is amended to read:

SB389,9,20 111.335 (1) (cg) 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke a license or permit under s. 440.26 (6) (b) 440.35 (2) if the person holding the license or permit has been convicted of a felony and has not been pardoned for that felony.

SB389, s. 21 Section 21. 111.335 (1) (cg) 3. of the statutes is amended to read:

SB389,9,24 111.335 (1) (cg) 3. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ a person in a business licensed under s. 440.26 subch. II of ch. 440 or as an employe specified in s. 440.26 (5) (b) 440.29 (2) if the person has been convicted of a felony and has not been pardoned for that felony.

SB389, s. 22 Section 22 . 114.103 (1) (c) of the statutes is amended to read:

SB389,10,5 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26 (1m) (h) 440.27 (1), but does not include any law enforcement officer.

SB389, s. 23 Section 23 . 127.01 (1r) of the statutes is amended to read: ART

SB389,10,11 127.01 (1r) "Audited financial statement" means a financial statement on which an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed under ch. 442, has expressed an opinion according to generally accepted accounting principles and has conducted an audit according to generally accepted auditing standards.

SB389, s. 24 Section 24. 127.01 (25m) (b) of the statutes is amended to read:

SB389,10,16 127.01 (25m) (b) The financial statement is reviewed according to generally accepted accounting principles by an independent certified public accountant or an independent public accountant who holds a certificate of authority licensed under ch. 442.

SB389, s. 25 Section 25. 127.06 (1) (e) of the statutes is amended to read:

SB389,10,24 127.06 (1) (e) The department may extend the filing deadline under par. (a) 2. by up to 30 days in response to a written request from a warehouse keeper or an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed under ch. 442, that is auditing or reviewing the financial statement for a warehouse keeper if the department receives the request on or before the 5th day of the 4th month beginning after the close of the warehouse keeper's fiscal year and if the request states the reason for the extension.

SB389, s. 26 Section 26 . 127.06 (1m) (e) of the statutes is amended to read:

SB389,11,7 127.06 (1m) (e) The department may extend the filing deadline under par. (b) 2. by up to 30 days in response to a written request from a grain dealer or an independent certified public accountant, or an independent public accountant who holds a certificate of authority licensed under ch. 442, that is auditing or reviewing the financial statement for a grain dealer, if the department receives the written request on or before the 5th day of the 4th month beginning after the close of the grain dealer's fiscal year and if the request states the reason for the extension.

SB389, s. 27 Section 27 . 149.14 (3) (k) of the statutes is amended to read:

SB389,11,11 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical equipment or disposable medical supplies, other than eyeglasses and hearing aids instruments.

SB389, s. 28 Section 28 . 149.14 (4) (h) and (i) of the statutes, are amended to read:

SB389,11,13 149.14 (4) (h) Eyeglasses and hearing aids instruments.

SB389,11,15 (i) Routine physical examinations, including routine examinations to determine the need for eyeglasses and hearing aids instruments.

SB389, s. 29 Section 29 . 167.31 (4) (a) 4. (intro.) of the statutes is amended to read:

SB389,11,18 167.31 (4) (a) 4. (intro.) A private security person, as defined in s. 440.26 (1m) 440.27 (1), who meets all of the following requirements:

SB389, s. 30 Section 30. 167.31 (4) (a) 4. a. of the statutes is amended to read:

SB389,11,22 167.31 (4) (a) 4. a. He or she holds either a private detective license issued under s. 440.26 (2) (a) 2. or a private security permit issued under s. 440.26 (5) subch. II of ch. 440.

SB389, s. 31 Section 31 . 440.03 (7m) of the statutes is amended to read:

SB389,12,8 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding ss. 440.26 (2) (b) 440.30 (2), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and 480.08 (2m).

SB389, s. 32 Section 32 . 440.04 (8) of the statutes is repealed.

SB389, s. 33 Section 33 . 440.05 (intro.) of the statutes is amended to read:

SB389,12,13 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18 and 459.46:

SB389, s. 34 Section 34 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB389,12,17 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 448.065, 447.04 (2) (c) 2., 449.17 , and 449.18 and 459.46, the renewal dates and renewal fees for credentials are as follows:

SB389, s. 35 Section 35 . 440.08 (2) (a) 2. of the statutes, as affected by 1999 Wisconsin Act 9, is repealed.

SB389, s. 36 Section 36 . 440.23 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read: