SB77: Bill Text

SB77,1691,7 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited, suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4310 Section 4310. 446.05 (2) of the statutes is amended to read:

SB77,1691,12 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4311 Section 4311. 447.07 (5) of the statutes is amended to read:

SB77,1691,17 447.07 (5) The examining board may reinstate a license that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12 (4).

SB77, s. 4312 Section 4312. 448.02 (3) (e) of the statutes is amended to read:

SB77,1692,2 448.02 (3) (e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

SB77, s. 4313 Section 4313. 448.05 (7) of the statutes is amended to read:

SB77,1692,11 448.05 (7) Application. Application for any class of license or certificate shall be made as a verified statement in such a form provided by the department and at such time and place as the board may designate, and shall be accompanied by satisfactory evidence setting out the qualifications imposed by this section. Application for any class of license to practice medicine and surgery also shall be accompanied by a verified statement that the applicant is familiar with the state health laws and the rules of the department of health and family services as related to communicable diseases.

SB77, s. 4314 Section 4314. 448.56 (1) of the statutes is amended to read:

SB77,1692,25 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs pursuant to rules promulgated by the department of education public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

SB77, s. 4315 Section 4315. 449.07 (3) of the statutes is amended to read:

SB77,1693,5 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4316 Section 4316. 450.10 (3) (a) 11. of the statutes is amended to read:

SB77,1693,9 450.10 (3) (a) 11. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

SB77, s. 4317 Section 4317. 452.12 (2) (title) of the statutes is repealed and recreated to read:

SB77,1693,12 452.12 (2) (title) Business entities.

SB77, s. 4318 Section 4318. 452.12 (6) (e) (intro.) of the statutes is amended to read:

SB77,1693,16 452.12 (6) (e) (intro.) Beginning on January 1, 1996 Except as provided in ss. 440.03 (11m) (b) and 440.12 (3) (a) or (4), the department shall reinstate an inactive licensee's original license as follows:

SB77, s. 4319 Section 4319. 452.18 of the statutes is amended to read:

SB77,1693,20 452.18 Court review. Orders Except as provided in s. 73.0301 (2) (b) 1. a. and 2., orders of the board and department shall be subject to review as provided in ch. 227.

SB77, s. 4320 Section 4320. 454.06 (1) (c) of the statutes is amended to read:

SB77,1694,2 454.06 (1) (c) The applicant has graduated from high school or has attained high school graduation equivalency as determined by the department of education public instruction; is participating in a program approved by the examining board; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

SB77, s. 4321 Section 4321. 454.08 (4) of the statutes is amended to read:

SB77,1694,12 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans and specifications for licensed establishments as they relate to the public health and safety. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form prescribed provided by the examining board department.

SB77, s. 4322 Section 4322. 455.04 (4) (d) of the statutes is amended to read:

SB77,1694,17 455.04 (4) (d) Submit written verification from the supervising psychologist or a school official or administrator that the applicant has successfully completed one year of experience or internship in school psychology under the supervision of a school psychologist licensed by the department of education public instruction.

SB77, s. 4323 Section 4323. 455.04 (4) (e) of the statutes is amended to read:

SB77,1694,20 455.04 (4) (e) Hold a regular license as a school psychologist issued by the department of education public instruction.

SB77, s. 4324 Section 4324. 455.09 (3) of the statutes is amended to read:

SB77,1695,2 455.09 (3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12 (4).

SB77, s. 4325 Section 4325. 456.11 (1) and (2) of the statutes are amended to read:

SB77,1695,6 456.11 (1) The examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4).

SB77,1695,10 (2) Application for the reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4).

SB77, s. 4326 Section 4326. 457.02 (2) of the statutes is amended to read:

SB77,1695,15 457.02 (2) Require any individual who is licensed as a school social worker or school counselor by the department of education public instruction to be certified as a social worker or professional counselor under this chapter in order to use the title "school social worker" or "school counselor".

SB77, s. 4327 Section 4327. 457.02 (4) of the statutes is amended to read:

SB77,1695,20 457.02 (4) Authorize any individual who is certified as a social worker or professional counselor under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of education public instruction.

SB77, s. 4328 Section 4328. 459.10 (2) (a) (intro.) of the statutes is amended to read:

SB77,1695,24 459.10 (2) (a) (intro.) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB77, s. 4329 Section 4329. 459.22 (2) (f) of the statutes is amended to read:

SB77,1696,4 459.22 (2) (f) Require an individual to be licensed under this subchapter to engage in the practice of speech-language pathology or audiology in a position for which the department of education public instruction requires licensure as a speech and language pathologist.

SB77, s. 4330 Section 4330. 459.34 (2m) (a) (intro.) of the statutes is amended to read:

SB77,1696,8 459.34 (2m) (a) (intro.) An individual whose license or limited permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB77, s. 4331 Section 4331. 459.42 (2) (f) of the statutes is amended to read:

SB77,1696,13 459.42 (2) (f) Require an individual to be registered under this subchapter to engage in the practice of speech-language pathology or audiology in a position for which the department of education public instruction requires licensure as a speech and language pathologist.

SB77, s. 4332 Section 4332. 480.24 (3) (intro.) of the statutes is amended to read:

SB77,1696,18 480.24 (3) (intro.) The board may, as a condition of removing a limitation imposed under this chapter on a certificate issued under this chapter or of reinstating a certificate that has been suspended or revoked under this chapter, do any of the following:

SB77, s. 4333 Section 4333. 551.32 (1) (bm) of the statutes is created to read:

SB77,1696,21 551.32 (1) (bm) 1. In addition to information required under par. (b), an application under par. (a) shall contain the following:

SB77,1696,22 a. In the case of an individual, the individual's social security number.

SB77,1696,24 b. In the case of a person who is not an individual, the person's federal employer identification number.

SB77,1697,2 2. The division may not disclose any information received under subd. 1. to any person except as follows:

SB77,1697,4 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77,1697,7 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

SB77, s. 4334 Section 4334. 551.34 (1m) of the statutes is created to read:

SB77,1697,10 551.34 (1m) 1. The division shall deny an application for the issuance or renewal of a license if any of the following applies:

SB77,1697,12 a. The applicant fails to provide the information required under s. 551.32 (1) (bm) 1.

SB77,1697,17 b. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for the issuance or renewal of a license is denied under this subd. 1. b. for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this subchapter.

SB77,1697,24 c. The applicant is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subd. 1. c. for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB77,1698,7 2. The division shall restrict or suspend a license under this subchapter if the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB77,1698,12 3. The division shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this subchapter.

SB77, s. 4335 Section 4335. 552.23 (1) of the statutes is amended to read:

SB77,1698,24 552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation subject to regulation by the division of banking, a savings bank or savings and loan association subject to regulation by the division of savings and loan institutions, or a company subject to regulation by the public service commission, the department of transportation or the office of the commissioner of railroads, the division of securities shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.

SB77, s. 4336 Section 4336. 560.03 (16) of the statutes is repealed.

SB77, s. 4337 Section 4337. 560.03 (19) of the statutes is amended to read:

SB77,1699,4 560.03 (19) Establish a permit information and regulatory assistance bureau business development assistance center in the department to provide services as set forth in subch. III.

SB77, s. 4338 Section 4338. 560.031 of the statutes is amended to read:

SB77,1699,12 560.031 Recycling market development. In carrying out its responsibilities under ss. 560.03 and 560.07 (1), the department may promulgate rules for the provision of financial assistance for the development of markets for materials recovered from solid waste if the provision of that financial assistance is a responsibility assigned to the department in a memorandum of understanding, contract or other agreement with the recycling market development board. The financial assistance may be in the form of grants, loans or manufacturing rebates.

SB77, s. 4339 Section 4339. 560.032 (1) of the statutes is amended to read:

SB77,1699,22 560.032 (1) (title) Annual allocation Allocation. Annually no later than October 31, the The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), for the next year, among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin health Health and educational facilities authority Educational Facilities Authority and the Wisconsin housing Housing and economic development authority Economic Development Authority.

SB77, s. 4340 Section 4340. 560.036 (2) (a) of the statutes is amended to read:

SB77,1700,5 560.036 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 66.911, 119.495 (2), 231.27, 234.65 (6) and 234.85 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

SB77, s. 4341 Section 4341. 560.037 of the statutes is repealed.

SB77, s. 4342 Section 4342. 560.038 of the statutes is repealed.

SB77, s. 4343 Section 4343. 560.039 of the statutes is repealed.

SB77, s. 4344 Section 4344. 560.045 of the statutes is amended to read:

SB77,1700,18 560.045 Community development block grant administration. Notwithstanding s. 16.54 (2) (a), from moneys received under a community development block grant, 42 USC 5301 to 5320, the department shall contract with the department of administration for the administration of housing programs, including the housing improvement grant program and the initial rehabilitation grant program. To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under the programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.60 (1v).

SB77, s. 4345 Section 4345. 560.05 of the statutes is repealed.

SB77, s. 4346 Section 4346. 560.06 of the statutes is created to read:

SB77,1701,2 560.06 Memorandum of understanding on use of allocated moneys. The department may provide assistance to a nonprofit organization that provides assistance to organizations and individuals in urban areas. No later than December 30, 1997, the department of commerce shall enter into a memorandum of understanding with the department of administration that specifies how the department of commerce may use the moneys allocated under s. 20.143 (1) (c) for providing assistance under this section.

SB77, s. 4347 Section 4347. 560.07 (intro.) and (1) to (7) of the statutes are renumbered 560.07 (1) (intro.) and (a) to (g).

SB77, s. 4348 Section 4348. 560.07 (2) of the statutes is created to read:

SB77,1701,9 560.07 (2) On or before July 1, 1998, and every July 1 thereafter, Forward Wisconsin, Inc., shall submit to the appropriate standing committees under s. 13.172 (3) a report stating the net jobs gain due to the funds provided Forward Wisconsin, Inc., under s. 20.143 (1) (bm).

SB77, s. 4349 Section 4349. 560.07 (9) of the statutes is repealed.

SB77, s. 4350 Section 4350. 560.08 (2) (m) of the statutes is repealed.

SB77, s. 4351 Section 4351. 560.13 of the statutes is created to read:

SB77,1701,13 560.13 Brownfields grant program. (1) In this section:

SB77,1701,16 (a) "Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.