AB925: Bill Text

AB925,46,18 (7) Who shall practice Practices as a certified public accountant or as a public accountant after his or her certificate has been revoked; or.

AB925,46,22 (8) Who shall as As an individual, or, as a member of a partnership or as an officer or director of a corporation, practice practices or permit permits 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.

AB925,46,25 (9) Who shall sell, buy, give Sells, buys, gives or obtain obtains an alleged certificate as a certified public accountant, or a certificate of authority, or a license in any other manner other than is that provided for by this chapter; or.

AB925,47,3 (10) Who attempts Attempts to practice as a certified public accountant or as a public accountant under the guise of a certificate not granted by the examining board, or under cover of a certificate obtained illegally or fraudulently; or.

AB925,47,5 (11) Who shall certify Certifies to any false or fraudulent report, certificate, exhibit, schedule or statement; or.

AB925,47,7 (12) Who shall attempt Attempts by any subterfuge to evade the provisions of this chapter while practicing as a public accountant; or.

AB925,47,14 (13) Who shall, as As an individual, or as a member of a partnership or as an officer of a corporation, permit permits 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 report, certificate, exhibit, schedule or statement was not such a certified public accountant or public accountant.

Note: Amends section (intro.) in accordance with current style for (intro.) provisions and amends the subsequent subsections accordingly. Disfavored terms are replaced in conformity with current style. See the next section of this bill.

AB925, s. 95 Section 95. 442.11 (14) to (16) of the statutes are renumbered 442.115 (1) to (3) and amended to read:

AB925,48,2 442.115 (1) If it appears upon complaint to the examining board by any person, or it is known to the examining board, that any person has violated this chapter, the examining board may investigate, subject to the rules promulgated under s. 440.03 (1). The district attorney of the county in which violations of this chapter are known or alleged to have occurred shall promptly investigate complaints, from any source, of such violations of this chapter and prosecute if the facts so warrant. Upon request from the examining board, and where when the facts warrant, the appropriate district attorney shall promptly seek an injunction against any person who is violating this chapter.

AB925,48,6 (2) Following the refusal or failure of If the district attorney fails or refuses to act within a time which it deems that the examining board considers reasonable, the examining board may request the attorney general to institute a prosecution or to seek an injunction for violation of this chapter.

AB925,48,13 (3) If a person has engaged, or is about to engage, in an act or practice which that constitutes, or will constitute, a violation of this chapter, the examining board in its own right or on behalf of an individual complainant may apply to the appropriate court for an order enjoining the act or practice. Upon a showing by the examining board or the complainant that the person has engaged, or is about to engage, in any such act or practice in violation of this chapter, the court may grant an injunction, restraining order or other appropriate order without bond.

Note: The subject matter of these provisions do not correspond to, nor do they fit grammatically within, the list of violations under s. 442.11 (intro.) and accordingly are moved to a separate section. Disfavored terms and incorrectly used "which" are replaced in conformity with current style.

AB925, s. 96 Section 96. 442.115 (title) of the statutes is created to read:

AB925,48,15 442.115 (title) Enforcement actions for violations of this chapter.

Note: See the previous section of this bill.

AB925, s. 97 Section 97. 443.02 (4) (a) of the statutes is renumbered 443.02 (4).

Note: Eliminates unnecessary paragraph designation. Section 443.02 (4) is not divided into multiple paragraphs.

AB925, s. 98 Section 98. 443.04 (1) (a) and (b) of the statutes are amended to read:

AB925,49,2 443.04 (1) (a) A diploma of graduation, or a certificate, from an engineering school or college approved by the examining board as of satisfactory standing in an engineering course of not less than 4 years, together with an additional 4 years of experience in engineering work of a character satisfactory to the examining board and indicating that the applicant is competent to be placed in responsible charge of such engineering work; or.

AB925,49,5 (b) A specific record of 8 or more years of experience in engineering work of a character satisfactory to the examining board and indicating that the applicant is competent to be placed in responsible charge of such engineering work; or.

AB925, s. 99 Section 99. 443.18 (1) (title) of the statutes is created to read:

AB925,49,7 443.18 (1) (title) Unauthorized practice; penalty.

Note: The treatments by this bill will result in all subsections of s. 443.18 having titles.

AB925, s. 100 Section 100. 443.18 (2) (a) (title) of the statutes is renumbered 443.18 (2) (title).

Note: Section 443.18 (2) has no title, and s. 443.18 (2) (a) and (b) each are titled "Injunction". This renumbering applies the title to all of the subsection and with the creation of s. 443.18 (1) (title) by the previous section of this bill results in all subsections of s. 443.18 having titles. Paragraph (b) (title) is repealed by the next section of this bill.

AB925, s. 101 Section 101. 443.18 (2) (b) (title) of the statutes is repealed.

Note: See the previous section of this bill.

AB925, s. 102 Section 102. 444.17 (3) of the statutes is renumbered 444.17 (3) (a) (intro.) and amended to read:

AB925,49,17 444.17 (3) (a) (intro.) This chapter does not apply to amateur boxing or sparring exhibitions conducted by or held under the auspices of any public recreation department supported by town, village, city, county, state or federal funds, in any intradepartmental or interdepartmental exhibitions, provided: (a) that such if all of the following conditions are met:

AB925,49,19 1. The exhibitions are between bona fide members of boxing classes conducted by such the public recreation departments, (b) that such.

AB925,49,21 2. The public recreation departments under subd. 1. are members of a recognized state association of public recreation departments, (c) and that each such.

AB925,50,1 3. The amateur boxing or sparring exhibition is sanctioned by the department.

AB925,50,8 (b) The application for the sanction under par. (a) 3. of each exhibition shall be made in writing to the department at least 2 weeks prior to the exhibition. A fee of $5 shall accompany the application, said fee to cover the cost of sanction and expenses of an inspector, whose duty it shall be to enforce all rules and regulations and to see that a competent referee, timer, doctor and judges are employed. Sanction for such exhibitions The department may be denied deny any application for the sanction of an exhibition for cause upon competent evidence.

Note: Subdivides provision to eliminate numbering not in conformity with current style. Inserts cross-references and reorders text to improve readability and conformity with current style.

AB925, s. 103 Section 103. 445.045 (1) (a) to (g) of the statutes are amended to read:

AB925,50,10 445.045 (1) (a) Be The person must be at least 18 years of age;.

AB925,50,12 (b) Subject to ss. 111.321, 111.322 and 111.335, the person must not have an arrest or conviction record;.

AB925,50,15 (d) Have The person must have completed 2 academic years of instruction in a recognized college or university, in a course of study approved by the examining board, or have equivalent education;.

AB925,50,19 (e) Have The person must have satisfactorily completed 9 months or more instruction in a prescribed course in mortuary science approved by the examining board at any time after having completed one year of college work or equivalent education;.

AB925,50,23 (f) Have The person must have completed one year of apprenticeship as prescribed in s. 445.095 at any time after having completed one year of college work or equivalent education and either before or after taking the course in mortuary science required by par. (e).

AB925,51,4 (g) Have The person must have successfully passed a comprehensive examination conducted by the examining board as required by s. 445.04 , but such. The examination may be taken at any time after completion of the college and mortuary school instruction and regardless of the age of the applicant.

Note: Amends provisions to make complete sentences consistent with current style and replaces punctuation for internal consistency.

AB925, s. 104 Section 104. 449.01 (title) of the statutes is amended to read:

AB925,51,6 449.01 (title) Definitions; discrimination prohibited.

Note: Current style places definitions applicable to an entire chapter in a section separate from substantive provisions. Section 449.01 (3) relating to the prohibition of discrimination is renumbered to a separate section by the next section of this bill.

AB925, s. 105 Section 105. 449.01 (3) of the statutes is renumbered 449.015 and amended to read:

AB925,51,12 449.015 Discrimination prohibited. Any agency of the state, county, municipality or school district shall accept the optometric services , as defined in sub. (1), of optometrists licensed under this chapter, on the same basis as those of any other person authorized by law to render such optometric services.

Note: Moves this provision out of a provision otherwise containing definitions. Deletes the cross-reference to s. 449.01 (1) which defines the practice of optometry and not "optometric services". Replaces disfavored "such" with a specific reference.

AB925, s. 106 Section 106. 449.01 (4) (title) of the statutes is created to read:

AB925,51,14 449.01(4) (title) Examining board.

Note: The other subsections of 449.01 have titles.

AB925, s. 107 Section 107. 456.10 (1) (intro.) and (a) to (c) of the statutes are amended to read:

AB925,52,4 456.10 (1) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may, under sub. (2), revoke, limit or suspend the license or registration of any person practicing or offering to practice nursing home administration may be revoked, limited or suspended or the licensee may be reprimanded, censured reprimand, censure or otherwise disciplined discipline a licensee under this section upon decision and after due hearing if any of the following is applicable:

AB925,52,6 (a) Proof is submitted that such the licensee is unfit or incompetent by reason of negligence, habits or other causes;.

AB925,52,8 (b) Proof is submitted that such the licensee has wilfully or repeatedly violated this chapter or the rules enacted in accordance therewith; or with this chapter.

AB925,52,11 (bm) Proof is submitted that the licensee has wilfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which the licensee is the administrator;.

AB925,52,13 (c) Proof is submitted that such the licensee is guilty of fraud or deceit in his or her admission to the practice of nursing home administration.

Note: Amends subsection (intro.) to identify what body may take the described action and to otherwise conform with current style for (intro.) provision. Subdivides par. (b) so that each paragraph contains only one item and replaces disfavored terms.

AB925, s. 108 Section 108 . 560.034 (1) of the statutes is amended to read:

AB925,52,20 560.034 (1) The department shall prescribe the notice forms to be used under ss. 66.521 (4m) (a) 1. and 234.65 (3) (a) 1. The department shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The department shall prescribe the forms to be used under ss. 66.521 (4m) (b) and 234.65 (3r).

Note: Changes cross-reference to accommodate renumbering by this bill.

AB925, s. 109 Section 109 . 560.034 (3) of the statutes is amended to read:

AB925,53,5 560.034 (3) If the department receives a notice under s. 234.65 (3) (a) 1., the department shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.

Note: Changes cross-reference to accommodate renumbering by this bill.

AB925, s. 110 Section 110. 611.12 (1) (am) of the statutes is amended to read:

AB925,53,8 611.12 (1) (am) The articles shall include a statement that the corporation is organized under this chapter.;

Note: Replaces inconsistent punctuation.

AB925, s. 111 Section 111. 611.12 (2) (am) of the statutes is amended to read:

AB925,53,11 611.12 (2) (am) The articles shall include a statement that the corporation is organized under this chapter.;

Note: Replaces inconsistent punctuation.

AB925, s. 112 Section 112. 611.76 (9) (a) (title) of the statutes is repealed.

Note: The renumbering of s. 611.76 (9) (a) to s. 611.76 (9) by the next section of this bill renders the paragraph title unnecessary.

AB925, s. 113 Section 113. 611.76 (9) (a) of the statutes is renumbered 611.76 (9).

Note: Eliminates unnecessary paragraph designation. Section 611.76 (9) is not divided into multiple paragraphs.

AB925, s. 114 Section 114. 618.26 (1) (intro.) of the statutes is amended to read:

AB925,53,17 618.26 (1) Strict compliance. (intro.) No nondomestic fraternal may be authorized to do business in this state unless it complies strictly with all of the following requirements:

Note: Amends provision in accordance with current style for (intro.) provisions

AB925, s. 115 Section 115. 618.26 (1) (a) of the statutes is amended to read:

AB925,53,20 618.26 (1) (a) Financial requirements. The financial requirements of ss. 614.19 and 623.11;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB925, s. 116 Section 116. 623.06 (4m) of the statutes is amended to read:

AB925,54,21 623.06 (4m) This subsection applies to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (, including a partnership or sole proprietorship), or by an employe organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the U.S. internal revenue code, as now or hereafter amended Internal Revenue Code. Reserves according to the commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of such contract, that become payable prior to the end of such respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values.

Note: Replaces parentheses consistent with current style and amends reference to Internal Revenue Code.

AB925, s. 117 Section 117. 625.03 (intro.) and (1) to (6) of the statutes are renumbered 625.03 (1m) (intro.) and (a) to (e).

Note: The subject matter of this sub. (7) does not fit within the series under, and is grammatically incompatible with, s. 625.03 (intro.) and the renumbering by this section of this bill is made to separate sub. (7) from that list.

AB925, s. 118 Section 118. 631.07 (3) (a) (intro.), 1. to 3. and 4. of the statutes are amended to read:

AB925,55,6 631.07 (3) (a) (intro.) Consent unnecessary. A life or disability insurance policy may be taken out without consent in any of the following cases:

AB925,55,8 1. A person may obtain insurance on a dependent who does not have legal capacity;.