NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Wis. Stats., and interpreting ch. 442, Wis. Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal Accy 1.103, 1.202 (2), 1.203 (2), 1.302 (1), 1.405 (1) (c), 4.04, 4.05, 4.07, 4.09 (2) (d), 4.10, 5.01 and 5.04 to 5.07; to amend Subchapter I (title), 1.102, 1.201 (1), (1) (a) to (d), (e) and (e) 1.a., 1.202 (1), 1.203 (1), 1.204, 1.205 (title), (intro.), (1) to (3), 1.301 (1), (2) (d), (4) (intro.) and (4) (a), 1.302 (2) to (6), 1.401 (1), (2) (intro.), (2) (a) (intro.), (2) (am) (intro.), (2) (am) 1., (2) (am) 1., (2) (an), (2) (ao), (2) (b) (intro.), (2) (bm) and (2) (c), 1.402, 1.404 (1), (2) (a), (2) (a) 2., (2) (a) 3., (2) (b) 2., (2) (b) 3., (2) (c) and (d), 1.405 (1) (a), (2), (3) (intro.) and (3) (a), 1.406, 4.01, 4.02 (title) and 4.02, 4.03 (title) and 4.03, 4.035 (title) and (1) (intro.), 4.06, 4.09 (1), 5.02, 5.03 (title), (1) and (2), 5.08 (1) and (4), 5.09, 5.11, 5.12, 7.035 (intro.), 7.05 (1) (a) 3. and 8.04 (3); to repeal and recreate Accy 1.001 and 1.002; and to create Accy 1.003, 4.037, 5.03 (2) (a) to (c) relating to definitions, deleting antiquated provisions related to public accountants, and changes to the requirements for individual and firm certified public accountant licenses.

Date:   August 15, 2003

Time:   9:30 A.M.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 22, 2003 to be included in the record of rule-making proceedings.

Statutes Authorizing promulgation: Sec. 15.08 (5) (b) and 227.11 (2), Wis. Stats.

Statutes interpreted: Ch. 442, Wis. Stats.

This proposed rule-making order of the Accounting Examining Board (Board) makes terminology and other changes to the rules to clarify the rules and conform the rules to the changes made in Wis. Stat. ch. 442 by 2001 Wisconsin Act 16.

As reflected in the current Wis. Stat. ch. 442, 2001 Wisconsin Act 16 deleted antiquated provisions related to public accountants and made changes to the requirements for individual and firm certified public accountant (CPA) licenses. Among other changes, 2001 Wisconsin Act 16 required an applicant for a CPA certificate to have one year of public accounting experience or its equivalent instead of two years as previously required. The act permitted limited ownership firms by persons who are not licensed as CPAs.

In general, the proposed rules:

• Remove the term “public accountant" from the rules. Public accountants are no longer licensed following enactment of Sections 3606pb through 3606vz of 2001 Wisconsin Act 16,

• Use the term “certified public accountant" in place of “accountant."

• Modify restrictions on firm names to reflect the law change permitting part ownership of firms by unlicensed individuals in Section 3606tn of 2001 Wisconsin Act 16.

• Revise the applicant experience requirement to reflect the statutory change to “. . . at least one year of public accounting experience or its equivalent, the sufficiency of the experience or the equivalency to be judged by the examining board. Wis. Stat. s. 442.04 (5).

Sections Accy 1.001 and 1.002 on applicability of the rules is repealed and recreated in order to clearly and affirmatively describe the responsibilities of a CPA. A CPA shall follow the administrative rules of the examining board. A certified public accountant may also be held responsible for compliance with the rules of the examining board by an associate in a firm who is under his or her supervision or who is a member of the firm. Persons with ownership interest in a CPA-related business must also follow the rules of the Board in the operation of the CPA-related business. A person who operates a business and is licensed as a CPA and who holds out as a CPA shall follow the rules of the Board in the operation of any business.

Proposed Wis. Admin. Code s. Accy 1.003 defines the terms “attest service," “attest engagement," “attest engagement team," “audit," “client," “close relative," “commission," “council," “covered member," “CPA-related business," “financial statement," “firm," “holding out," “immediate family," “individual in a position to influence the attest engagement," “joint closely held investment," “key position," “loan," “manager," “member," or “member of a firm," “office," “partner," “practice as a certified public accountant," “professional services" and “significant influence."

Standards identified in Wis. Admin. Code s. 1.202 (2) and 1.203 (2) are repealed because these interpretations are included in existing standards, viz. Wis. Admin. Code s. 1.205.

Modifications are made throughout the Board's rules to correct capitalization of proper nouns.

This rule modification updates the terms in the Rules of the Accounting Examining Board. The Department of Regulation and Licensing will revise and reprint books of the Administrative Code. Revising code books costs $500.00 for staff time and materials to revise the printed code and post on the Department's web site.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

Notice is hereby given that pursuant to ss. 16.004 (1), 227.11 (2) (a), 562.02 (1), 562.04 (2), 562.05 (2), 562.057 (5), 562.065 (1), and 562.09 Stats., and interpreting ss. 562.02 (1), 562.04, 562.05 (6) (e) 2., 562.057 (4m) (b), 562.065, 562.06 (2), 562.105, and 562.11, Stats., the Department of Administration will hold a public hearing to consider amendments to ch. WGC 1-24 and Game 3 of the Wisconsin Administrative Code, relating to greyhound racing and pari-mutuel wagering.

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Christopher Patton, Department of Administration-Division of Gaming, PO Box 8979, Madison, WI 53708-8979. Written comments must be received by August 19, 2003, to be included in the record of rule-making proceedings.

The Department proposes to revise its administrative code relating to greyhound racing and pari-mutuel wagering. The revision process was conducted in order to ensure the Department exercises its regulatory oversight functions in an effective and efficient manner. The proposed amendments reflect contemporary regulatory and industry standards. In many cases, the amendments raise regulatory standards and safeguards by conforming the administrative code to current practices in place at Wisconsin racetracks. The amendments afford Wisconsin racetracks and licensees greater flexibility while preserving and strengthening key regulatory safeguards that protect the health, welfare and safety of greyhounds and the public, and the integrity of pari-mutuel wagering and greyhound racing.

The amendments fall into three basic categories; enforcement and appeals, safety and integrity, and general racing and wagering. The rules provide specific procedures for the conduct of enforcement proceedings and the rights of licensees during these proceedings. Furthermore, the rules outline the enforcement authority of the Division of Gaming when conducting inspections of facilities and records, restricting the movement of greyhounds, and excluding persons from licensed facilities.

The revisions also advance the state's desire to protect the health, welfare and safety of racing animals and ensure the integrity of pari-mutuel wagering and racing. The proposed rules delineate additional prohibitions on licensee activities to safeguard against fraud and tampering with racing and wagering activities. In addition, safeguards are established to ensure the health and safety of racing greyhounds, racetrack employees and the public.

Finally general racing and wagering rules are revised to enable pari-mutuel facilities to offer wagering options and rules similar to other racetracks throughout the United States. Occupational licensing structure and fees are streamlined to reduce the impact fees have on racetrack operators to recruit and hire qualified applicants. A “Wisconsin Owned" program is established to encourage Wisconsin resident greyhound owners to race their greyhounds at Wisconsin racetracks.

The proposed rule amendments are expected to have a state fiscal effect resulting in a decrease in existing state revenues of approximately $25,000 per year due to changes in the occupational licensing fee schedule. The proposed rule amendments are expected to have no fiscal effect on local governments. The primary state fiscal effect is attributable to proposed modifications to the occupational license fee schedule.

To provide clarification, the Department has always viewed kennel operators as small businesses. Kennel operators supply the greyhounds that race at the racetracks. The Department believes that there will be an insignificant economic impact on small businesses. Additionally, any impact on small businesses should be cost savings as the primary economic impact results from proposed license fee reductions.

When determining the proposed amendments to the administrative code, the Department reviewed the criteria established in s. 227.114, Stats., in an effort to reduce the effect of the proposed order on small businesses. The Department notified all small business owners licensed by the Division of Gaming in writing, to seek their input prior to drafting proposed amendments to the administrative. Additionally, the Department provided written notice and the opportunity for all licensed small business owners to receive a copy of the draft amendments and offer informal comment on the proposed amendments during a written comment period and two public informational meetings.

Besides the insignificant economic impact, the operational impact of the proposed order is expected to be minimal. The Department does not foresee the businesses inheriting any additional bookkeeping, clerical, professional or administrative requirements to maintain compliance with Department's administrative code.

A copy of the full text of the rule amendments and fiscal estimate may be obtained free of charge on the internet at www.doa.state.wi.us/gaming, by contacting the Division of Gaming at (608) 270-2555, or by visiting the Division of Gaming office at the address listed below.