SB389: Bill Text

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:

SB389,13,3 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, or 444.11 or 459.46 (2) (b) by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).

Note: Sections 1 to 4, 6 to 9, 32 , 33 and 36 of this bill remove outdated provisions in current law that relate to the registration of speech-language pathologists and audiologists. These registration provisions were in effect between December 1, 1990, and June 30, 1993. The current licensing provisions for speech-language pathologists and audiologists became effective as of July 1, 1993.

SB389, s. 37 Section 37 . 440.26 (title) of the statutes is repealed.

SB389, s. 38 Section 38. 440.26 (1) (title) and (a) 1., 2., 3. and 4. of the statutes are renumbered 440.28 (title) and (1) (a), (b), (c) and (d).

SB389, s. 39 Section 39. 440.26 (1) (a) (intro.) of the statutes is renumbered 440.28 (1) (intro.) and amended to read:

SB389,13,11 440.28 (1) (intro.) No Except as provided in s. 440.29 and in rules promulgated under sub. (2), no person may do any of the following unless he or she has a license or permit issued under this section subchapter:

SB389, s. 40 Section 40. 440.26 (1) (a) 11. of the statutes is renumbered 440.28 (1) (e) and amended to read:

SB389,13,16 440.28 (1) (e) Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 10. pars. (a) to (d).

SB389, s. 41 Section 41. 440.26 (1) (b) of the statutes is renumbered 440.28 (2) and amended to read:

SB389,13,21 440.28 (2) The In addition to the exemptions specified under s. 440.29, the department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section subchapter.

SB389, s. 42 Section 42. 440.26 (1m) (intro.) of the statutes is repealed.

SB389, s. 43 Section 43. 440.26 (1m) (h) of the statutes is renumbered 440.27 (1).

SB389, s. 44 Section 44. 440.26 (2) (title) of the statutes is repealed.

SB389, s. 45 Section 45. 440.26 (2) (a) of the statutes is renumbered 440.30 (1), and 440.30 (1) (a) and (b), as renumbered, are amended to read:

SB389,14,11 440.30 (1) (a) Issue a private detective agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c) sub. (3). The department may not issue a license under this subdivision paragraph unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private detective is issued a private detective license under this section par. (b).

SB389,14,15 (b) Issue a private detective license to an individual who meets the qualifications specified under par. (c) sub. (3) if the individual is an owner, coowner or employe of a private detective agency required to be licensed under this section par. (a).

SB389, s. 46 Section 46. 440.26 (2) (b) of the statutes is renumbered 440.30 (2).

SB389, s. 47 Section 47. 440.26 (2) (c) of the statutes is renumbered 440.30 (3) and amended to read:

SB389,14,24 440.30 (3) Approval Qualifications. (a) Subject to subds. 2. and 3. pars. (b) and (c), the department shall prescribe, by rule, such the qualifications as it deems appropriate, with due regard to required for a license under this subchapter. In promulgating rules under this paragraph, the department shall consider investigative experience, special professional education and training and other factors bearing on professional competence.

SB389,15,3 (b) An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section subchapter.

SB389,15,5 (c) The department may not issue a license under this section subchapter to an individual unless the individual is over 18 years of age.

SB389,15,9 (d) The department, in considering applicants an applicant for a license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.

SB389, s. 48 Section 48 . 440.26 (3) of the statutes is renumbered 440.30 (4) and amended to read:

SB389,15,25 440.30 (4) Issuance and renewal of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after After any investigation of an applicant for a license that it the department considers necessary, the department shall, if it determines that the applicant is qualified satisfies the requirements of this section, grant the proper license upon payment of the fee specified in s. 440.05 (1). No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the fees specified in s. 440.08. The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section sub. (3) (e).

SB389, s. 49 Section 49 . 440.26 (3m) of the statutes is renumbered 440.33 and amended to read:

SB389,16,7 440.33 Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section subchapter or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b) subchapter.

Note: Section 49 of this bill deletes a requirement that the department of regulation and licensing's rules relating to the carrying of dangerous weapons by persons who are issued private detective licenses and private security permits must meet the federal law's requirements for armored car company employes. This state does not have licensing requirements for armored car company employes.

SB389, s. 50 Section 50 . 440.26 (4) (title) of the statutes is repealed.

SB389, s. 51 Section 51. 440.26 (4) of the statutes is renumbered 440.30 (3) (e) and amended to read:

SB389,16,17 440.30 (3) (e) No license may be issued under this section subchapter until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.

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.