SB146: Bill Text

SB146, s. 294 Section 294. 423.201 (intro.) of the statutes is created to read:

SB146,86,19 423.201 (intro.) In this subchapter:

Note: Accommodates renumbering by the previous section of this bill.

SB146, s. 295 Section 295. 440.03 (11m) (c) of the statutes is amended to read:

SB146,87,6 440.03 (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 Act 237 repealed s. 440.08 (2r).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.

SB146, s. 296 Section 296. 440.042 (1) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB146,87,18 440.042 (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.

SB146, s. 297 Section 297. 440.08 (2) (a) 67q. of the statutes, as created by 1997 Wisconsin Act 261, is renumbered 440.08 (2) (a) 67v.

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 Section 298. 440.26 (1) (a) 11. of the statutes is amended to read:

SB146,88,2 440.26 (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.

SB146, s. 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.

SB146, s. 300 Section 300. 440.97 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.98.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a provision numbered s. 440.97.

SB146, s. 301 Section 301. 440.9705 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.9805.

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.

SB146, s. 302 Section 302. 440.971 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.981.

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.

SB146, s. 303 Section 303. 440.972 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.982.

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, s. 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:

SB146,88,18 440.983 (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.

SB146, s. 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:

SB146,89,3 440.984 (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, s. 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:

SB146,89,8 440.985 (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.

SB146, s. 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:

SB146,89,14 440.986 (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).

SB146,89,20 (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.

SB146, s. 308 Section 308. 440.977 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.987.

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, s. 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:

SB146,90,10 440.988 (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.

SB146, s. 310 Section 310. 440.979 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.989.

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.

SB146, s. 311 Section 311. 440.999 of the statutes, as created by 1997 Wisconsin Act 81, is renumbered 440.979.

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, s. 312 Section 312. 443.11 (6) of the statutes, as affected by 1997 Wisconsin Acts 237 and 300, is amended to read:

SB146,91,9 443.11 (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.

SB146, s. 313 Section 313. The treatment of 448.01 (6) of the statutes by 1997 Wisconsin Act 67 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 314 Section 314. 448.015 (4) of the statutes, as affected by 1997 Wisconsin Act 67, section 13, and 1997 Wisconsin Act 175, section 25, is amended to read:

SB146,91,17 448.015 (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.

Note: Replaces comma with "or" to correct grammar.

SB146, s. 315 Section 315. 448.02 (1) of the statutes, as affected by 1997 Wisconsin Acts 67 and 175, is amended to read:

SB146,91,22 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, and to practice as a physician assistant.

Note: Replaces comma with "and" to correct grammar.

SB146, s. 316 Section 316. The treatment of 448.03 (1) of the statutes by 1997 Wisconsin Act 67 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 317 Section 317. 448.03 (1) (c) of the statutes, as created by 1997 Wisconsin Act 67, is repealed.

Note: Reconciles the treatment of s. 448.03 (1) by 1997 Wis. Acts 67 and 175. Act 67 divided the subsection into 3 parts, with par. (c) requiring that podiatrists not practice without a license. Act 175 deleted the reference to podiatrists from sub. (1) as it existed prior to the treatment by Act 67 and created a new s. 448.61 requiring that podiatrists not practice without a license. The treatment by Act 175 renders par. (c) as created by Act 67 surplusage.

SB146, s. 318 Section 318. The treatment of 448.03 (2) (e) of the statutes by 1997 Wisconsin Act 67 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 319 Section 319. The treatment of 448.09 (1) of the statutes by 1997 Wisconsin Act 175 is not repealed by 1997 Wisconsin Act 311. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 320 Section 320. 448.40 (2) (f) of the statutes, as created by 1997 Wisconsin Act 311, is renumbered 448.40 (2) (g).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 67 also created a provision numbered s. 448.40 (2) (f).

SB146, s. 321 Section 321. The treatment of 450.10 (3) (a) 5m. of the statutes by 1997 Wisconsin Act 75 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 322 Section 322. 470.04 (2) (b) of the statutes is amended to read:

SB146,92,17 470.04 (2) (b) Subject to sub. (7), that he or she has a bachelor's degree, and at least 30 semester hours or 45 quarter hours of with course credits in geology of a variety and nature sufficient to constitute a geology major from a college or university approved by the examining board.

Note: 1997 Wis. Act 300 deleted the language stricken here without showing it as stricken and added the language underscored here without showing it as underscored. The change was intended.

SB146, s. 323 Section 323. 470.04 (4) (intro.) of the statutes is amended to read:

SB146,93,5 470.04 (4) (intro.) The professional soil scientist section shall grant a professional soil scientist license to a person who satisfies the requirements under sub. (1) and who who submits evidence satisfactory to the section of all of the following:

Note: Deletes repeated word inserted by 1997 Wis. Act 300.

SB146, s. 324 Section 324. 551.29 (3) of the statutes is amended to read:

SB146,93,13 551.29 (3) With respect to a federal covered security that is a covered security under section 18 (b) (3) or (4) of the Securities Act of 1933, the division may, by rule or order, require the filing, for purpose of providing notice to the division, of any document filed with the federal securities and exchange commission under the the Securities Act of 1933, together with a fee prescribed in the rule or order. The filing is effective upon receipt by the division of the documents and fee required under the rule or order.

Note: Deletes repeated word inserted by 1997 Wis. Act 316.

SB146, s. 325 Section 325. 551.32 (1) (bm) 2. b. of the statutes is amended to read:

SB146,93,17 551.32 (1) (bm) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 326 Section 326. 551.32 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 316, section 60, is amended to read:

SB146,94,14 551.32 (9) (a) Withdrawal from the status of a licensed broker-dealer, agent, investment adviser or investment adviser representative becomes effective 30 days after receipt by the division or by an organization designated by rule of the division under s. 551.32 sub. (1) (a) of an application to withdraw or within such shorter period as the division determines, unless a revocation or suspension proceeding is pending when the application is filed or a proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed. If a proceeding is pending or instituted, withdrawal becomes effective at such time and upon such conditions as the division by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the division may institute a revocation or suspension proceeding for the grounds specified under sub. s. 551.34 (1) (b), (g), (m) or (n) within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which the license was in effect.

Note: 1997 Wis. Act 316 renumbered this provision from s. 551.34 (6), but did not amend the cross-references accordingly.

SB146, s. 327 Section 327. 551.65 (1) of the statutes is amended to read:

SB146,95,11 551.65 (1) Every applicant for license or registration under this chapter, every person filing a filing notice filing under this chapter and every issuer which that proposes to offer a security in this state through any person acting as agent shall file with the division or, if applying for a license, with the organization designated by the division under s. 551.32 (1) (a), an irrevocable consent appointing the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or her or a successor, executor or administrator which that arises under this chapter or any rule or order under this chapter after the consent has been filed, with the same validity as if served personally on the person filing the consent. The consent shall be in the form the division by rule prescribes. The consent need not be filed by a person who has filed a consent in connection with a previous registration or notice filing or license which that is then in effect. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last address on file with the division, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, or within such time as the court allows.

Note: Corrects word order. 1997 Wis. Act 316 added provisions regarding "notice filing" to ch. 551. Replaces improperly used "which".

SB146, s. 328 Section 328. 552.05 (2) (intro.) of the statutes is amended to read:

SB146,95,17 552.05 (2) (intro.) The registration statement shall be filed on forms prescribed by the division, and shall be accompanied by a consent by the offeror to service of process specified in s. 551.65 (1) and the filing fee specified in s. 552.15 (1), and shall contain the following information and such additional information as the commissioner division by rule prescribes: