AB150: Bill Text

AB150,2141,16 (a) A procedure requiring a person who has management or control authority over a credentialed location, or over a location for which an application for a credential is pending, to review conditions of the location for compliance with legal requirements, and to verify in a report to the credentialing authority that the location is in compliance with those requirements.

AB150,2141,20 (b) A procedure requiring a person who is credentialed, or who is an applicant for a credential, to review specific requirements for professional practice and to verify in a report to the credentialing authority that his or her practice is in compliance with those requirements.

AB150,2142,2 (2) The department, or any examining board, affiliated credentialing board or board in the department that has the authority to establish standards of conduct for a profession, may promulgate rules establishing a self-inspection program. The department, examining board, affiliated credentialing board or board may establish a self-inspection program in addition to other inspection programs required by law or as an alternative to other inspection programs required by law.

AB150, s. 6576 Section 6576. 440.205 of the statutes is created to read:

AB150,2142,25 440.205 Administrative warnings. If, after the department or a board, examining board or affiliated credentialing board in the department determines that there is substantial evidence of misconduct by the holder of a credential, but determines that a disciplinary proceeding should not be commenced against the holder of the credential, then the department, board, examining board or affiliated credentialing board may close the investigation by the issuance of an administrative warning. If an administrative warning is issued, the holder of the credential may obtain a review of the administrative warning through a personal appearance before the department, board, examining board or affiliated credentialing board that issued the administrative warning. Administrative warnings shall be private and confidential, do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the holder of the credential is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the holder of the credential is received by the department or a board, examining board or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the holder of the credential had actual knowledge that certain practices were contrary to law. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings. The rules shall include a definition of "substantial evidence of misconduct" for purposes of this section.

AB150, s. 6577 Section 6577. 440.23 (1) of the statutes is amended to read:

AB150,2143,6 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 440.42 (1), 440.43 (1), 440.44 (1), 444.03, 444.05, 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).

AB150, s. 6578 Section 6578. 440.23 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2143,13 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).

****Note: This is reconciled s. 440.23 (1). This Section has been affected by drafts with the following LRB numbers: 0566/3 and 0567/1.

AB150, s. 6579 Section 6579. 440.42 (1) (b) 2g. and 2r. of the statutes are created to read:

AB150,2143,18 440.42 (1) (b) 2g. Submits to the department an annual financial report for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 but not more than $100,000 during its most recently completed fiscal year.

AB150,2143,22 2r. Submits to the department an audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 during its most recently completed fiscal year.

AB150, s. 6580 Section 6580. 440.42 (1) (c) of the statutes is amended to read:

AB150,2144,8 440.42 (1) (c) The department shall issue a certificate of registration to each charitable organization that is registered under this subsection. Certificates issued under this paragraph expire 6 months after the end of the charitable organization's most recently completed fiscal year. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the expiration date of the certificate specified in s. 440.08 (2) (a) and shall include a registration statement that complies with sub. (2) and a $15 renewal fee the renewal fee specified in s. 440.08 (2) (a).

AB150, s. 6581 Section 6581. 440.42 (2) (d) and (e) of the statutes are repealed.

AB150, s. 6582 Section 6582. 440.43 (1) (title) of the statutes is amended to read:

AB150,2144,11 440.43 (1) (title) Annual registration Registration requirement.

AB150, s. 6583 Section 6583. 440.43 (1) (c) of the statutes is amended to read:

AB150,2144,19 440.43 (1) (c) The department shall issue a certificate of registration to each fund-raising counsel that is registered under this subsection. Certificates issued under this paragraph expire on September 1. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the date specified by the department in s. 440.08 (2) (a) and shall include a $50 the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the fund-raising counsel maintains a bond that is approved under sub. (2).

AB150, s. 6584 Section 6584. 440.44 (1) (title) of the statutes is amended to read:

AB150,2144,21 440.44 (1) (title) Annual registration Registration requirement.

AB150, s. 6585 Section 6585. 440.44 (1) (c) of the statutes is amended to read:

AB150,2145,4 440.44 (1) (c) The department shall issue a certificate of registration to each professional fund-raiser that is registered under this subsection. Certificates issued under this paragraph expire on September 1. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the date specified by the department in s. 440.08 (2) (a) and shall include a $50 the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the professional fund-raiser maintains a bond that is approved under sub. (2).

AB150, s. 6586 Section 6586. 440.47 (5) of the statutes is amended to read:

AB150,2145,22 440.47 (5) (title) Substitute service upon secretary of state department of revenue. A charitable organization, fund-raising counsel, professional fund-raiser or commercial coventurer that has its principal place of business outside of this state or is organized under laws other than the laws of this state and that is subject to this subchapter shall be considered to have irrevocably appointed the secretary of state department of revenue as its agent for the service of process or notice directed to the charitable organization, fund-raising counsel, professional fund-raiser or commercial coventurer or to any of its partners, principal officers or directors in an action or proceeding brought under this subchapter. Service of process or notice upon the secretary of state department of revenue shall be made by personally delivering to and leaving with the secretary of state department of revenue a copy of the process or notice. That service shall be sufficient service if the secretary of state department of revenue immediately sends notice of the service and a copy of the process or notice to the charitable organization, fund-raising counsel, professional fund-raiser, commercial coventurer or other person to whom it is directed by registered mail, with return receipt requested, at the last address known to the secretary of state department of revenue.

AB150, s. 6587 Section 6587. 440.61 (2) of the statutes is amended to read:

AB150,2145,25 440.61 (2) Schools operated by the department of health and social services or the department of corrections.

AB150, s. 6588 Section 6588. 440.64 (2) (a) of the statutes is amended to read:

AB150,2146,3 440.64 (2) (a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.

AB150, s. 6589 Section 6589. Subchapter VI (title) of chapter 440 [precedes 440.71] of the statutes is renumbered subchapter II (title) of chapter 224 [precedes 224.70].

AB150, s. 6590 Section 6590. 440.71 of the statutes is renumbered 224.71.

AB150, s. 6591 Section 6591. 440.72 (title), (1), (1m), (2), (3) and (4) of the statutes are renumbered 224.72 (title), (1), (1m), (2), (3) and (4), and 224.72 (2) (intro.), as renumbered, is amended to read:

AB150,2146,14 224.72 (2) Applying for registration. (intro.) A person desiring to act as a mortgage banker, loan originator or loan solicitor shall apply for a certificate of registration to the department on forms prescribed by the department and shall pay the fee specified under s. 440.05 (1) sub. (8) (a). An application shall satisfy all of the following:

AB150, s. 6592 Section 6592. 440.72 (5) of the statutes is renumbered 224.72 (5) and amended to read:

AB150,2146,20 224.72 (5) Completion of registration. (a) Loan originator and loan solicitor. Upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in s. 440.05 (1) sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB150,2146,25 (b) Mortgage banker. 1. Upon receiving a properly completed application for registration as a mortgage banker, the fee specified in s. 440.05 (6) sub. (8) (b) and satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB150,2147,5 2. If within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in s. 440.05 (1) sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB150, s. 6593 Section 6593. 440.72 (7) of the statutes is renumbered 224.72 (7) and amended to read:

AB150,2147,14 224.72 (7) Renewal of registration. A loan originator, loan solicitor or mortgage banker shall renew a certificate of registration by submitting to the department a renewal application and the applicable renewal fee specified under s.440.08 (2) (a) sub. (8) (c) on or before the applicable renewal date specified under s.440.08 (2) (a) sub. (8) (c) . An applicant for renewal of a certificate of registration as a mortgage banker shall, as part of the application, refile a bond that satisfies sub. (4) (b) or resubmit evidence that satisfies sub. (4) (a) or (c).

AB150, s. 6594 Section 6594. 440.73 of the statutes is renumbered 224.73, and 224.73 (1) and (3), as renumbered, are amended to read:

AB150,2147,20 224.73 (1) Responsibility for loan originator. A mortgage banker is responsible for, and shall supervise the acts of, a loan originator who registers under s. 440.72 224.72 (3) as an employe of the mortgage banker or a loan originator or any other person who otherwise acts on behalf of the mortgage banker.

AB150,2147,24 (3) Transfer by loan originator. A registered loan originator may at any time apply, on forms prescribed and provided by the department, to transfer employment to another registered mortgage banker. The fee for transfer is specified under s. 440.05 (7) 224.72 (8) (d) and is payable when the loan originator files the application.

AB150, s. 6595 Section 6595. 440.74 of the statutes is renumbered 224.74.

AB150, s. 6596 Section 6596. 440.75 of the statutes is renumbered 224.75.

AB150, s. 6597 Section 6597. 440.76 of the statutes is renumbered 224.76.

AB150, s. 6598 Section 6598. 440.77 (title) and (1) of the statutes are renumbered 224.77 (title) and (1), and 224.77 (1) (f) and (g), as renumbered, are amended to read:

AB150,2148,7 224.77 (1) (f) Accepted a commission, money or other thing of value for performing an act as a loan originator unless the payment is from a mortgage banker who is registered under s. 440.72 224.72 (3) as employing the loan originator.

AB150,2148,10 (g) As a loan originator, represented or attempted to represent a mortgage banker other than the mortgage banker who is registered under s. 4 40.72 224.72 (3) as employing the loan originator.

AB150, s. 6599 Section 6599. 440.77 (2), (3) and (4) of the statutes are renumbered 224.77 (2), (3) and (4).

AB150, s. 6600 Section 6600. 440.77 (5) of the statutes is renumbered 224.77 (5), and 224.77 (5) (b), as renumbered, is amended to read:

AB150,2148,16 224.77 (5) (b) Other penalties. The penalty under par. (a) may be imposed in addition to any penalty imposed under s. 66.432, 101.22 or 440.80 106.04 or 224.80.

AB150, s. 6601 Section 6601. 440.78 of the statutes is renumbered 224.78.

AB150, s. 6602 Section 6602. 440.80 of the statutes is renumbered 224.80, and 224.80 (1) and (2) (intro.), as renumbered, are amended to read:

AB150,2148,23 224.80 (1) Penalties. A person who violates s. 440.72 224.72 (1m) may be fined not more than $1,000 or imprisoned for not more than 6 months or both. The district attorney of the county where the violation occurs shall enforce the penalty under this subsection on behalf of the state.

AB150,2149,3 (2) Private cause of action. (intro.) A person who is aggrieved by an act which is committed by a mortgage banker, loan originator or loan solicitor and which is described in s. 440.77 224.77 (1) may recover all of the following in a private action:

AB150, s. 6603 Section 6603. 440.81 of the statutes is renumbered 224.81.

AB150, s. 6604 Section 6604. 440.82 of the statutes is renumbered 224.82.

AB150, s. 6605 Section 6605. 440.92 (2) (d) of the statutes is amended to read:

AB150,2149,19 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of industry, labor and human relations development for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS DEVELOPMENT FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS DEVELOPMENT, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS DEVELOPMENT."

AB150, s. 6606 Section 6606. 443.09 (5) of the statutes is amended to read:

AB150,2150,15 443.09 (5) Written or written and oral examinations shall be held at such time and place as the examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the examining board with special reference to the applicant's ability to design and supervise architectural, landscape architectural, geological or engineering work, which shall promote the public welfare and ensure the safety of life, health and property. The architect and professional engineering examination or examinations shall include questions which require applicants to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. Such questions shall be developed by the examining board in consultation with the department of industry, labor and human relations development. The examination for candidates under s. 443.04 (1) (c) shall be the principles and practice examination which requires the applicant to demonstrate the ability to apply engineering principles and judgment to problems in general engineering disciplines and to demonstrate knowledge of the design needs of people with physical disabilities and the relevant statutes, rules and regulations. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the examining board. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the examining board may require a one-year waiting period before further reexamination.

AB150, s. 6607 Section 6607. 443.10 (6) of the statutes is amended to read:

AB150,2150,20 443.10 (6) Roster. A roster showing the names and mailing addresses of all registered surveyors shall be prepared annually by the secretary and made available for purchase at cost, and a copy shall be placed on file with the secretary of state department of revenue.

AB150, s. 6608 Section 6608. 446.02 (4) of the statutes is amended to read:

AB150,2151,2 446.02 (4) The renewal date and renewal fee dates for all licenses granted by the examining board 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) and the health care provider assessment specified in s. 440.10.

AB150, s. 6609 Section 6609. 448.07 (2) of the statutes is amended to read:

AB150,2151,5 448.07 (2) Fees. The fees for examination and licenses and certificates granted or renewed under this chapter subchapter are specified in ss. s. 440.05 and 440.08.

AB150, s. 6610 Section 6610. 448.07 (3) of the statutes is created to read:

AB150,2151,11 448.07 (3) License and certificate renewal. The renewal dates for licenses and certificates granted under this subchapter 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) and, if applicable, the health care provider assessment specified in s. 440.10.

AB150, s. 6611 Section 6611. 452.01 (3) (g) of the statutes is amended to read:

AB150,2151,14 452.01 (3) (g) A person registered as a mortgage banker under s. 440.72 224.72 who does not engage in activities described under sub. (2).

AB150, s. 6612 Section 6612. 452.12 (6) (a) of the statutes is amended to read:

AB150,2151,18 452.12 (6) (a) Any licensee, except a time-share salesperson registered under s. 452.025, may apply for registration as an inactive licensee on or before the license renewal date. This paragraph does not apply after October 31, 1995.

AB150, s. 6613 Section 6613. 452.12 (6) (d) of the statutes is amended to read:

AB150,2151,23 452.12 (6) (d) Upon If an inactive licensee files an application for reinstatement before January 1, 1996, the department shall reinstate an the inactive licensee's original license in accordance with the requirements for late renewal under s. 440.08 (3).

AB150, s. 6614 Section 6614. 452.12 (6) (e) and (f) of the statutes are created to read:

AB150,2152,2 452.12 (6) (e) Beginning on January 1, 1996, the department shall reinstate an inactive licensee's original license as follows:

AB150,2152,7 1. If a person has registered as an inactive licensee before November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the fees specified under s. 440.05 (1) (a) and (b), passes an examination under s. 452.09 (3) and completes the education requirements established by the department under par. (f).

AB150,2152,16 2. If a person has registered as an inactive licensee on or after November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the renewal fee specified under s. 440.08 (2) (a) for the original license and completes 12 hours of continuing education as established by the department under par. (f). A person who is eligible for reinstatement of his or her original license under this subdivision shall complete the requirements for reinstatement under this subdivision before January 1, 1996, or within 5 years after the date on which the person registered as an inactive licensee, whichever is later.

AB150,2152,20 3. If a person who is eligible for reinstatement of his or her original license under subd. 2. does not complete the requirements for reinstatement within the time specified under subd. 2., the department shall reinstate the original license of that person if he or she meets the requirements specified under subd. 1.

AB150,2152,23 (f) The department shall promulgate rules establishing the education requirements that applicants for reinstatement of original licenses under par. (e) must satisfy.

AB150, s. 6615 Section 6615. 452.17 (4) (b) of the statutes is amended to read:

AB150,2153,2 452.17 (4) (b) This penalty may be imposed in addition to any penalty imposed under this chapter or s. 66.432 or 101.22 106.04.

AB150, s. 6616 Section 6616. 452.23 (1) of the statutes is amended to read:

AB150,2153,8 452.23 (1) A broker or salesperson may not disclose to any person in connection with the sale, exchange, purchase or rental of real property information, the disclosure of which constitutes unlawful discrimination in housing under s. 101.22 106.04 or unlawful discrimination based on handicap under 42 USC 3604, 3605, 3606 or 3617.

AB150, s. 6617 Section 6617. 454.14 (1) of the statutes is amended to read:

AB150,2153,11 454.14 (1) The department shall appoint inspectors under the classified service to inspect licensed establishments.