Note: Conforms title to statute subject matter.
343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.
Note: 1997 Wis. Act 84 deleted "revocation" from the referred to power under s. 343.32 (2) and in this provision.
Note: There is no conflict of substance.
32,283
Section
283. 343.305 (6) (e) 3. b. of the statutes is amended to read:
343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,284
Section
284. 343.44 (2s) (title) of the statutes is created to read:
343.44 (2s) (title) Citations.
Note: All other s. 344.44 subsections have titles.
Note: There is no conflict of substance.
32,286
Section
286. 343.61 (2) (b) of the statutes is amended to read:
343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the,, (c) or (d),, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.
Note: There is no conflict of substance.
32,293
Section
293. 423.201 of the statutes is renumbered 423.201 (1) and amended to read:
423.201 (1) "Consumer approval transaction" means a consumer transaction other than a sale or lease or listing for sale of real property or a sale of goods at auction 1) which is that:
(a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer and 2) which is
(b) Is consummated or in which the customer's offer to contract or other writing evidencing the transaction is received by the merchant away from a regular place of business of the merchant and involves the extension of credit or is a cash transaction in which the amount the customer pays exceeds $25.
(2) "Consumer approval transaction" shall in no event does not include a catalog sale which that is not accompanied by any other solicitation or a consumer loan conducted and consummated entirely by mail.
Note: The term "consumer approval transaction" only appears in subch. II of ch. 423. Removes numbering that is inconsistent with current style, replaces improperly used word and subdivides provision for greater readability.
32,294
Section
294. 423.201 (intro.) of the statutes is created to read:
423.201 (intro.) In this subchapter:
Note: Accommodates renumbering by the previous section of this bill.
32,295
Section
295. 440.03 (11m) (c) of the statutes is amended to read:
440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of making the determination required under s. 440.08 (2r) requesting certifications under s. 73.0301.
Note: 1997 Wis. Act 237 repealed s. 440.08 (2r). Conforms this provision with the other treatments in Act 237 regarding the disclosure of social security numbers to the department of revenue for the purpose of determining tax delinquencies.
440.042 (1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. The secretary shall appoint an advisory committee to advise the department on matters relating to carrying out the duties specified in s. 440.972 440.982 and making investigations, conducting hearings and taking disciplinary action under s. 440.976 440.986. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
Note: Sections 440.972 and 440.976, as created by
1997 Wis. Act 156, are renumbered ss. 440.982 and 440.986 by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 156 also created a provision numbered s. 440.08 (2) (a) 67q.
32,298
Section
298. 440.26 (1) (a) 11. of the statutes is amended to read:
440.26 (1) (a) 11. Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 10.
4.
Note: The creation of s. 440.26 (1) (a) 5. to 10. was removed from
1995 Wis. Act 461 by the governor's partial veto.
32,299
Section
299. Subchapter X (title) of chapter 440 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered subchapter XI (title) of chapter 440 [precedes 440.98].
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a subch. X of ch. 440.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.97.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. XI of ch. 440 as renumbered by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. XI of ch. 440 as renumbered by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.972.
32,304
Section
304. 440.973 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered 440.983, and 440.983 (4), as renumbered, is amended to read:
440.983 (4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.972 440.982 (1) (b).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.973. Section 440.972, as created by
1997 Wis. Act 156, is renumbered s. 440.982 by this bill.
32,305
Section
305. 440.974 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered 440.984, and 440.984 (6), as renumbered, is amended to read:
440.984 (6) The person submits the evidence specified in s. 440.973 440.983 (5).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a s. 440.974. Section 440.973, as created by
1997 Wis. Act 156, is renumbered s. 440.983 by this bill.
32,306
Section
306. 440.975 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered 440.985, and 440.985 (2), as renumbered, is amended to read:
440.985 (2) Evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under s. 440.972 440.982 (2).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.975. Section 440.972, as created by
1997 Wis. Act 156, is renumbered s. 440.982 by this bill.
32,307
Section
307. 440.976 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered 440.986, and 440.986 (2) (g) and (3) (intro.), as renumbered, are amended to read:
440.986 (2) (g) Violated any standard relating to the practice of massage therapy or bodywork established by the department in the rules promulgated under s. 440.972 440.982 (1) (a).
(3) (intro.) In lieu of proceeding under sub. (2), the department may place, in the registry established under s. 440.972 440.982 (1) (c), a copy of a complaint received by the department against a registrant, the registrant's response to the complaint and a copy of any records of the department concerning the complaint. The department shall use the following procedure in placing information in the registry under this subsection:
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.976. Section 440.972, as created by
1997 Wis. Act 156, is renumbered s. 440.982 by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.977.
32,309
Section
309. 440.978 of the statutes, as created by
1997 Wisconsin Act 156, is renumbered 440.988, and 440.988 (2), as renumbered, is amended to read:
440.988 (2) A person who violates s. 440.971 440.981 (1) or a person presenting or attempting to use as his or her own the license of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked license of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1997 Wis. Act 81 also created a provision numbered s. 440.978. Section 440.971, as created by
1997 Wis. Act 156, is renumbered s. 440.981 by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. XI of ch. 440 as renumbered by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. X of ch. 440, as created by
1997 Wis. Act 81, required by the renumbering of the provisions of subch. X of ch. 440, as created by
1997 Wis. Act 156, by this bill.
443.11 (6) The examining board, for reasons the appropriate section of the examining board considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership or corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12, if 3 members of the section vote in favor of such reissuance. Subject to the rules of the examining board, the examining board, the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated.
Note: The underscored comma is added for clarity.
Note: There is no conflict of substance.
448.015 (4) "Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any act by a physician, or physician assistant in violation of ch. 450 or 961.
