SB389: Bill Text

SB389, s. 52 Section 52. 440.26 (4m) (title) of the statutes is repealed.

SB389, s. 53 Section 53. 440.26 (4m) (a) of the statutes is renumbered 440.27 (2) and amended to read:

SB389,16,22 440.27 (2) Definition. In this subsection, "violation" "Violation" means a violation of any state or local law that is punishable by a forfeiture.

SB389, s. 54 Section 54. 440.26 (4m) (b) of the statutes is renumbered 440.34 and amended to read:

SB389,17,9 440.34 Reporting requirement violations of law. A person who holds a license or permit issued under this section subchapter and who is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, shall notify the department in writing of the date, place and nature of the conviction or finding within 48 hours after the entry of the judgment of conviction or the judgment finding that the person committed the violation. Notice may be made by mail and may be proven by showing proof of the date of mailing the notice.

SB389, s. 55 Section 55 . 440.26 (5) of the statutes is renumbered 440.29 and amended to read: ARM

SB389,17,20 440.29 Exemptions from licensing . (1) The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section subchapter does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section subchapter.

SB389,17,25 (2) The license requirements of this section subchapter do not apply to any person employed directly or indirectly by the state or by a municipality, as defined in s. 345.05 (1) (c), or to any employe of a railroad company under s. 192.47, or to any employe of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.

SB389,18,7 (3) An employe of any agency that is licensed as a private detective agency under this section subchapter and that is doing business in this state as a supplier of uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements of this section subchapter while engaged in such employment, if all of the following apply:

SB389,18,9 (a) The employe obtains a private security permit under this sub. (5m) s. 440.31.

SB389,18,14 (b) The private detective agency furnishes an up-to-date written record of its employes to the department. The record shall include the name, residence address, date of birth and a physical description of each employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of each employe.

SB389,18,17 (c) The private detective agency notifies the department in writing within 5 days of any change in the information under subd. 2. par. (b) regarding its employes, including the termination of employment of any person.

SB389, s. 56 Section 56 . 440.26 (5m) of the statutes is renumbered 440.31, and 440.31 (1) (a) and (c), (2), (3) and (4), as renumbered, are amended to read:

SB389,18,23 440.31 (1) (a) The individual submits an application for a private security permit to the department on a form provided by the department and includes with the application a recent photograph and 2 fingerprint cards bearing a complete set of his or her fingerprints.

SB389,19,3 (c) The individual provides evidence satisfactory to the department that he or she is an employe of a private detective agency described in sub. (5) (c) s. 440.29 (3) (intro.).

SB389,19,7 (2) The renewal dates for permits issued under this subsection section are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).

SB389,19,11 (3) A private security permit issued under this subsection section authorizes the holder of the permit to engage in private security activities described in sub. (5) (c) s. 440.29 (3) (intro.) for an employer described in sub. (5) (c) s. 440.29 (3) (intro.) anywhere in this state.

SB389,19,16 (4) The department shall maintain a record pertaining to each applicant for a permit under this subsection section and each holder of a permit issued under this subsection section. The record shall include all information received by the department that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.

Note: Sections 55 and 56 of this bill change a requirement in current law that a private detective agency furnish a photograph and fingerprint cards as part of the written record of its employes that it submits to the department of regulation and licensing. The change requires the individual submitting the application for a private security permit to submit this information to the department.

SB389, s. 57 Section 57. 440.26 (5r) of the statutes is renumbered 440.32, and 440.32 (1) (a), (2) and (3), as renumbered, are amended to read:

SB389,19,20 440.32 (1) (a) The individual has completed an application and provided information required under sub. (5m) (a) s. 440.31 (1).

SB389,20,2 (2) (a) Except as provided in subd. 2. par. (b), an individual who has been issued a temporary private security permit under par. (a) sub. (1) may act as a private security person in the same manner as an individual issued a private security permit under sub. (5m) s. 440.31.

SB389,20,5 (b) An individual may not carry a dangerous weapon while acting as a private security person under a temporary private security permit issued under par. (a) sub. (1).

SB389,20,7 (3) (a) Except as provided in subd. 2. par. (b), a temporary private security permit issued under par. (a) sub. (1) is valid for 30 days.

SB389,20,12 (b) A temporary private security permit issued under par. (a) sub. (1) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in subd. 1 par. (a).

SB389,20,14 (c) A temporary private security permit issued under par. (a) sub. (1) may not be renewed.

SB389, s. 58 Section 58. 440.26 (6) of the statutes is renumbered 440.35, and 440.35 (1) (intro.), (c) and (d), as renumbered, are amended to read:

SB389,20,20 440.35 Discipline. (1) (intro.) Subject to the rules adopted under s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section subchapter or revoke, suspend or limit the license or permit of any person who has done any of the following:

SB389,20,22 (c) Made a false statement in connection with any application for a license or permit under this section subchapter.

SB389,20,24 (d) Violated this section subchapter or any rule promulgated or order issued under this section subchapter.

SB389, s. 59 Section 59. 440.26 (8) of the statutes is renumbered 440.36 and amended to read:

SB389,21,11 440.36 Penalties. Any person, acting as a private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section subchapter, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employe, owner, officer or agent convicted of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.

SB389, s. 60 Section 60. 440.27 (intro.) of the statutes is created to read:

SB389,21,13 440.27 Definitions. (intro.) In this subchapter:

SB389, s. 61 Section 61 . 440.30 (title) of the statutes is created to read:

SB389,21,15 440.30 (title) Private detective and private detective agency licenses.

SB389, s. 62 Section 62 . 442.02 (7) of the statutes is amended to read:

SB389,21,25 442.02 (7) Nothing contained in this chapter shall prevent the employment by a certified public accountant, or by a public accountant, or by a firm or corporation, furnishing public accounting services as principal, of persons to serve as accountants in various capacities, as needed; provided, that such persons work under the control and supervision of certified public accountants or accountants with certificates of authority as hereinafter provided, that such employes shall not issue any statements or reports over their own names except such office reports to their employer as are customary and that such employes are not in any manner held out to the public as certified public accountants as described in this chapter.

SB389, s. 63 Section 63. 442.02 (9) of the statutes is amended to read:

SB389,22,8 442.02 (9) Nothing contained in this chapter shall apply to any persons who may be employed by more than one person, partnership or corporation, for the purpose of keeping books, making trial balances or statements, and preparing audits or reports, provided such audits or reports are not used or issued by the employers as having been prepared by a certified public accountant and provided such persons do not do any of the things enumerated in sub. (5m) (a), without complying with sub. (5m) (b).

SB389, s. 64 Section 64. 442.03 (2) of the statutes is repealed.

SB389, s. 65 Section 65. 442.03 (3) of the statutes is amended to read:

SB389,22,17 442.03 (3) No corporation or other entity and no officer, partner, stockholder or employe thereof may lawfully practice in this state as a public accountant or a certified public accountant either in the entity's or person'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 certified public accountant and unless the person or entity, jointly and severally, has complied with all the provisions of this chapter, including licensure.

SB389, s. 66 Section 66. 442.04 (3) of the statutes is repealed.

SB389, s. 67 Section 67. 442.06 of the statutes is repealed.

SB389, s. 68 Section 68. 442.07 (title) of the statutes is amended to read:

SB389,22,22 442.07 (title) Requirements for practice as certified public accountant or public accountant.

SB389, s. 69 Section 69. 442.07 (1) of the statutes is amended to read:

SB389,23,10 442.07 (1) Any person who has been issued a certificate of the person's qualifications to practice as a certified public accountant, shall be styled and known as a "certified public accountant" and no other person shall assume to use such title or the abbreviation "C.P.A." or any other word, words, letters or figures to indicate that the person using the same is a certified public accountant. The terms "chartered accountant", "public accountant" and "certified accountant" and the abbreviation "C.A." are specifically prohibited to such other persons as being prima facie misleading to the public. Any person who has been issued a certificate of authority, as herein provided, shall be styled and known as a "public accountant" and no other person, other than a certified public accountant, shall assume to use such designation or any other word, words, letters or figures to indicate that such person is entitled to practice as a public accountant.

SB389, s. 70 Section 70. 442.07 (2) of the statutes is amended to read:

SB389,23,19 442.07 (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 of a partnership, except 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 certified public accountant, as an officer or director of a corporation engaged in the practice of public accounting, unless the corporation has secured a license for the current licensure period.

SB389, s. 71 Section 71. 442.07 (3) of the statutes is amended to read:

SB389,24,8 442.07 (3) Any partnership, which is entitled to practice as certified public accountants in this state or any other state, every resident member and resident manager of which is a certified public accountant of this state, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership name. Any partnership, every member and resident manager of which is a certified public accountant of this state or any other state or holds a certificate of authority under this chapter, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership 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.

SB389, s. 72 Section 72. 442.08 of the statutes is amended to read:

SB389,24,15 442.08 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, 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).

SB389, s. 73 Section 73. 442.10 (1) of the statutes is amended to read:

SB389,25,2 442.10 (1) Whenever any person, as a certified public accountant or public accountant, signs or certifies any report, schedule or statement relative to the affairs of any corporation, association or partnership in which the person is financially interested or by which the person is regularly engaged as an officer 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 or regular employe of the corporation, association or partnership. If the person is both financially interested and an officer or regular employe, the statement shall cover both financial interest and employment. In the case of a corporation holding a certificate of authority signing or certifying as above, the interest of any of its stockholders shall be disclosed.

SB389, s. 74 Section 74. 442.11 (3) of the statutes is repealed.

SB389, s. 75 Section 75. 442.11 (4) of the statutes is repealed.

SB389, s. 76 Section 76. 442.11 (6) of the statutes is repealed.

SB389, s. 77 Section 77. 442.11 (7) of the statutes is amended to read:

SB389,25,8 442.11 (7) Who shall practice as a certified public accountant or as a public accountant after his or her certificate has been revoked; or

SB389, s. 78 Section 78. 442.11 (8) of the statutes is amended to read:

SB389,25,13 442.11 (8) Who shall as an individual, or, as a member of a partnership or as an officer or director of a corporation, practice or permit the partnership or corporation to practice as a certified public accountant or as a public accountant unless a license has been secured for the current licensure period; or

SB389, s. 79 Section 79. 442.11 (9) of the statutes is amended to read:

SB389,25,17 442.11 (9) Who shall sell, buy, give or obtain an alleged certificate as a certified public accountant, or a certificate of authority, or a license in any other manner than is provided for by this chapter; or

SB389, s. 80 Section 80. 442.11 (10) of the statutes is amended to read:

SB389,25,21 442.11 (10) Who attempts to practice as a certified public accountant or as a public accountant under guise of a certificate not granted by the examining board, or under cover of a certificate obtained illegally or fraudulently; or

SB389, s. 81 Section 81. 442.11 (13) of the statutes is amended to read:

SB389,26,3 442.11 (13) Who shall, as an individual, or as a member of a partnership or as an officer of a corporation, permit to be announced by printed or written statement that any report, certificate, exhibit, 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 accountant.

SB389, s. 82 Section 82 . 442.13 of the statutes is amended to read:

SB389,26,14 442.13 Ownership of accountant's working papers. All statements, records, schedules, working papers and memoranda made by a certified public accountant 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 public 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 contrary. 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 surviving partners or new or successor partners of such accountant.

Note: Sections 12 , 14, 16 , 17, 23 to 26, 33 to 35, and 62 to 82 eliminate obsolete references in current law relating to public accountants. First, the bill repeals statutes that provide that the accounting examining board may grant a certificate of authority to practice as a public accountant only to a person who applied for the certificate of authority before December 1, 1935. The accounting examining board is no longer able to grant certificates of authority to practice as a public accountant, and there are no longer any public accountants practicing public accounting under a certificate of authority.

Second, a provision in current law specifies that a person who applies for a certificate as a certified public accountant before July 1, 1968, must satisfy certain education and experience requirements. This provision is now obsolete.

SB389, s. 83 Section 83 . 443.10 (4) (title) of the statutes is repealed and recreated to read:

SB389,26,16 443.10 (4) (title) Records.

SB389, s. 84 Section 84. 443.10 (4) (a) of the statutes is repealed.

SB389, s. 85 Section 85. 443.10 (4) (b) of the statutes is renumbered 443.10 (4).

SB389, s. 86 Section 86 . 443.10 (6) of the statutes is repealed.

Note: Sections 83 to 86 of this bill repeal provisions in current law relating to the use of annual printed rosters of professionals regulated by the examining board of architects, landscape architects, engineers, designers and land surveyors. According to the department of regulation and licensing, these provisions are obsolete because the department uses computerized lists instead of printed rosters.

SB389, s. 87 Section 87 . 443.11 (3), (4) and (5) of the statutes are repealed.

SB389, s. 88 Section 88. 443.12 (1) of the statutes is renumbered 443.12.

SB389, s. 89 Section 89. 443.12 (2), (3) and (4) of the statutes are repealed.

SB389, s. 90 Section 90 . 443.13 of the statutes is amended to read:

SB389,27,17 443.13 Disciplinary proceedings against designers of engineering systems. The examining board may limit, suspend or revoke a permit or reprimand the permittee if the permittee is guilty of fraud or deceit in obtaining the permit, gross negligence, incompetency or misconduct in practice, signing documents not prepared by the permittee or under the permittee's control, knowingly aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter or conviction of a felony, subject to ss. 111.321, 111.322 and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction. If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the examining board shall reprimand the permittee or limit, suspend or revoke the permit. The action of the examining board is subject to review under ch. 227.

Note: Sections 87 to 90 of this bill repeal provisions in current law that set forth disciplinary proceedings against professionals regulated by the examining board of architects, landscape architects, engineers, designers and land surveyors. Because general statutes in ch. 440, stats., establish complaint and disciplinary proceedings that apply to all examining boards, the department of regulation and licensing states that the specific provisions in ch. 443, stats., are redundant and should be repealed.

SB389, s. 91 Section 91 . 448.03 (2) (L) of the statutes is created to read:

SB389,28,3 448.03 (2) (L) Any person assisting an occupational therapist or occupational therapy assistant in practice under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant.

Note: Section 91 of this bill permits an occupational therapist or occupational therapy assistant to utilize an assistant if the assistant is under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant. According to the department of regulation and licensing, this change provides parity for occupational therapists with respiratory care practitioners, physicians and podiatrists, who are permitted to use unlicensed health care aides, providing the aides act under the direct supervision of the credentialed professional.