SB146, s. 280
3Section
280. 343.16 (6) (title) of the statutes is amended to read:
SB146,83,44
343.16
(6) (title)
Special retesting of licensed operations operators.
Note: Conforms title to statute subject matter.
SB146,84,27
343.23
(2) (b) The information specified in par. (a) must be filed by the
8department so that the complete operator's record is available for the use of the
9secretary in determining whether operating privileges of such person shall be
10suspended, revoked, canceled or withheld in the interest of public safety. The record
11of suspensions, revocations and convictions that would be counted under s. 343.307
12(2) shall be maintained for 10 years, except that if there are 2 or more suspensions,
13revocations or convictions within any 10-year period, the record shall be maintained
14permanently. The record of convictions for disqualifying offenses under s. 343.315
15(2) (h) shall be maintained for at least 10 years. The record of convictions for
16disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years.
17The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
18be maintained permanently, except that 5 years after a licensee transfers residency
19to another state such record may be transferred to another state of licensure of the
20licensee if that state accepts responsibility for maintaining a permanent record of
21convictions for disqualifying offenses. Such reports and records may be cumulative
22beyond the period for which a license is granted, but the secretary, in exercising the
23power of suspension granted under s. 343.32 (2) may consider only those reports and
1records entered during the 4-year period immediately preceding the exercise of such
2power 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.
SB146, s. 283
5Section
283. 343.305 (6) (e) 3. b. of the statutes is amended to read:
SB146,84,96
343.305
(6) (e) 3. b. The licensor may not disclose any information received
7under subd. 2. a. or b. except to the department of
industry, labor and job workforce 8development for purposes of administering s. 49.22 or the department of revenue for
9the 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.
SB146, s. 284
10Section
284. 343.44 (2s) (title) of the statutes is created to read:
SB146,84,1111
343.44
(2s) (title)
Citations.
Note: All other s. 344.44 subsections have titles.
Note: There is no conflict of substance.
SB146, s. 286
14Section
286. 343.61 (2) (b) of the statutes is amended to read:
SB146,84,1915
343.61
(2) (b) The department of transportation may not disclose any
16information received under par. (a) 1. or 2. to any person except to the department
17of
industry, labor and job workforce development for purposes of administering s.
1849.22 or the department of revenue for the sole purpose of requesting certifications
19under 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.
SB146,85,2011
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
12proving to a reasonable certainty by the greater weight of the credible evidence that
13the motor vehicle is a motor vehicle owned by a person who committed a violation of
14s. 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),
15(b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior
16convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the
17seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations,
18as counted under s. 343.307 (1). If the
,, (c) or (d),, (c) or (d) state fails to meet the
19burden of proof required under this paragraph, the motor vehicle shall be returned
20to the owner upon the payment of storage costs.
Note: There is no conflict of substance.
SB146, s. 293
3Section
293. 423.201 of the statutes is renumbered 423.201 (1) and amended
4to read:
SB146,86,75
423.201
(1) "Consumer approval transaction" means a consumer transaction
6other than a sale or lease or listing for sale of real property or a sale of goods at auction
71) which is that:
SB146,86,10
8(a) Is initiated by face-to-face solicitation away from a regular place of business
9of the merchant or by mail or telephone solicitation directed to the particular
10customer and
2) which is
SB146,86,14
11(b) Is consummated or in which the customer's offer to contract or other writing
12evidencing the transaction is received by the merchant away from a regular place of
13business of the merchant and involves the extension of credit or is a cash transaction
14in which the amount the customer pays exceeds $25.
SB146,86,17
15(2) "Consumer approval transaction"
shall in no event does not include a
16catalog sale
which that is not accompanied by any other solicitation or a consumer
17loan 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.
SB146, s. 294
18Section
294. 423.201 (intro.) of the statutes is created to read:
SB146,86,1919
423.201 (intro.) In this subchapter:
Note: Accommodates renumbering by the previous section of this bill.
SB146, s. 295
20Section
295. 440.03 (11m) (c) of the statutes is amended to read:
SB146,87,6
1440.03
(11m) (c) The department of regulation and licensing may not disclose
2a social security number obtained under par. (a) to any person except to the
3department of workforce development for purposes of administering s. 49.22 and, for
4a social security number obtained under par. (a) 1., the department of revenue for the
5sole purpose of
making the determination required under s. 440.08 (2r) requesting
6certifications 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.
SB146,87,189
440.042
(1) The secretary may appoint persons or advisory committees to
10advise the department and the boards, examining boards and affiliated
11credentialing boards in the department on matters relating to the regulation of
12credential holders. The secretary shall appoint an advisory committee to advise the
13department on matters relating to carrying out the duties specified in s.
440.972 14440.982 and making investigations, conducting hearings and taking disciplinary
15action under s.
440.976 440.986. A person or an advisory committee member
16appointed under this subsection shall serve without compensation, but may be
17reimbursed for his or her actual and necessary expenses incurred in the performance
18of 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.
SB146, s. 298
21Section
298. 440.26 (1) (a) 11. of the statutes is amended to read:
SB146,88,2
1440.26
(1) (a) 11. Receive any fees or compensation for acting as any person,
2engaging 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.
SB146, s. 299
3Section
299. Subchapter X (title) of chapter 440 of the statutes, as created by
41997 Wisconsin Act 156, is renumbered subchapter XI (title) of chapter 440 [precedes
5440.98].
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.
SB146,88,1816
440.983
(4) Submits evidence satisfactory to the department that he or she
17satisfies the requirements established in rules promulgated under s.
440.972
18440.982 (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.
SB146,89,33
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.
SB146,89,86
440.985
(2) Evidence satisfactory to the department that the applicant has
7completed any continuing education requirements specified in rules promulgated
8under 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.
SB146, s. 307
9Section
307. 440.976 of the statutes, as created by
1997 Wisconsin Act 156, is
10renumbered 440.986, and 440.986 (2) (g) and (3) (intro.), as renumbered, are
11amended to read:
SB146,89,1412
440.986
(2) (g) Violated any standard relating to the practice of massage
13therapy or bodywork established by the department in the rules promulgated under
14s.
440.972 440.982 (1) (a).
SB146,89,20
15(3) (intro.) In lieu of proceeding under sub. (2), the department may place, in
16the registry established under s.
440.972 440.982 (1) (c), a copy of a complaint
17received by the department against a registrant, the registrant's response to the
18complaint and a copy of any records of the department concerning the complaint. The
19department shall use the following procedure in placing information in the registry
20under 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.
SB146,90,105
440.988
(2) A person who violates s.
440.971 440.981 (1) or a person presenting
6or attempting to use as his or her own the license of registration of another, or any
7person who falsely impersonates any other registrant of like or different name, or any
8person who attempts to use an expired or revoked license of registration, may be
9fined not less than $100 nor more than $500 or imprisoned for not more than 3
10months 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.
SB146,91,9
1443.11
(6) The examining board, for reasons the appropriate section of the
2examining board considers sufficient, may reissue a certificate of registration or a
3certificate of record to any person, or a certificate of authorization to any firm,
4partnership or corporation, whose certificate has been revoked
, except for a
5certificate revoked under s. 440.12, if 3 members of the section vote in favor of such
6reissuance. Subject to the rules of the examining board, the examining board, the
7examining board may, upon payment of the required fee, issue a new certificate of
8registration, certificate of record or certificate of authorization, to replace any
9certificate that is revoked, lost, destroyed or mutilated.
Note: The underscored comma is added for clarity.
Note: There is no conflict of substance.