1995 Wisconsin Act 27

27,6599 Section 6599 . 440.77 (2), (3) and (4) of the statutes are renumbered 224.77 (2), (3) and (4).

27,6600 Section 6600 . 440.77 (5) of the statutes is renumbered 224.77 (5), and 224.77 (5) (b), as renumbered, is amended to read:

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.

27,6601 Section 6601 . 440.78 of the statutes is renumbered 224.78.

27,6602 Section 6602 . 440.80 of the statutes is renumbered 224.80, and 224.80 (1) and (2) (intro.), as renumbered, are amended to read:

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.

(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:

27,6603 Section 6603 . 440.81 of the statutes is renumbered 224.81.

27,6604 Section 6604 . 440.82 of the statutes is renumbered 224.82.

27,6605 Section 6605 . 440.92 (2) (d) of the statutes is amended to read:

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."

27,6606 Section 6606 . 443.09 (5) of the statutes is amended to read:

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.

27,6607b Section 6607b. 443.10 (6) of the statutes is amended to read:

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 financial institutions.

27,6608e Section 6608e. 448.03 (3) (a) of the statutes is renumbered 448.03 (3) (a) (intro.) and amended to read:

448.03 (3) (a) (intro.) No person not possessing the degree of doctor of medicine may use or assume the title “doctor of medicine" or append to the person's name the letters “M.D.". unless one of the following applies:

27,6608m Section 6608m. 448.03 (3) (a) 1. of the statutes is created to read:

448.03 (3) (a) 1. The person possesses the degree of doctor of medicine.

27,6608s Section 6608s. 448.03 (3) (a) 2. of the statutes is created to read:

448.03 (3) (a) 2. The person is licensed as a physician under this subchapter because the person satisfied the degree requirement of s. 448.05 (2) by possessing a medical degree that was conferred by a medical school recognized and listed as such by the World Health Organization of the United Nations.

27,6611 Section 6611 . 452.01 (3) (g) of the statutes is amended to read:

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).

27,6611b Section 6611b. 452.05 (1m) (a) 2. of the statutes is amended to read:

452.05 (1m) (a) 2. “Commercial real property" means real property that is classified as commercial under s. 70.32 (2) (a) 2. or (b) 2.

27,6611m Section 6611m. 452.06 (1) of the statutes is amended to read:

452.06 (1) The At the commencement of each gubernatorial term of office, the secretary shall create a council on forms under s. 15.04 (1) (c) which shall meet on a regular basis, be chaired by a member of the board and report to the board and the secretary. Any proposed change in a form relating to real estate practice shall be referred to the council on forms for review before the form is approved.

27,6612 Section 6612 . 452.12 (6) (a) of the statutes is amended to read:

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.

27,6613 Section 6613 . 452.12 (6) (d) of the statutes is amended to read:

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).

27,6614 Section 6614 . 452.12 (6) (e) and (f) of the statutes are created to read:

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

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).

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.

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.

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

27,6615 Section 6615 . 452.17 (4) (b) of the statutes is amended to read:

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.

27,6616 Section 6616 . 452.23 (1) of the statutes is amended to read:

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.

27,6618 Section 6618 . 456.01 (2) of the statutes is amended to read:

456.01 (2) “Nursing home" has the meaning provided in s. 50.01 (3), plus includes all public medical institutions under ss. 49.14, 49.16 and 49.171 49.70, 49.71 and 49.72.

27,6619 Section 6619 . 457.08 (1) (intro.) of the statutes is amended to read:

457.08 (1) Social worker certificate. (intro.) The social worker section shall grant a social worker certificate to an individual who qualifies under s. 457.09 (5) (d) or to any individual who does all of the following:

27,6620 Section 6620 . 457.09 of the statutes is created to read:

457.09 Social worker training certificate. (1) The social worker section shall grant a social worker training certificate to any individual who does all of the following:

(a) Submits an application for the certificate to the department on a form provided by the department.

(b) Pays the fee specified in s. 440.05 (6).

(c) Submits evidence satisfactory to the social worker section that he or she has a bachelor's degree from an accredited college or university in psychology, sociology, criminal justice or another human service program approved by the section.

(d) Submits a statement to the social worker section that he or she is seeking to attain social worker degree equivalency under sub. (4) while he or she holds a social worker training certificate.

(2) (a) A social worker training certificate authorizes the holder to use the title specified in s. 457.04 (1) during the period in which the certificate is valid.

(b) A social worker training certificate holder is a social worker certified under this chapter for purposes of any law governing social workers certified under this chapter.

(3) (a) Except as provided in par. (b), a social worker training certificate is valid for 24 months.

(b) A social worker training certificate shall expire on the date on which the certificate holder receives the results of the examination that he or she has taken under sub. (5) (a) if that date occurs before the end of the period specified in par. (a).

(c) A social worker training certificate may not be renewed.

(4) During the period in which a social worker training certificate is valid, the certificate holder shall do all of the following:

(a) Seek to attain social worker degree equivalency by completing courses relating to all of the following in a social work program or other human services program at an accredited college or university:

1. Social welfare policy and services.

2. Social work practice methods with individuals, families, small groups, communities, organizations and social institutions.

3. Human behavior in the social environment, including human growth and development and social systems theory.

(b) Complete one of the following:

1. A human services internship that involves at least 400 hours of direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

(4m) (a) The social worker section shall determine whether a course, internship or employment satisfies the requirements under sub. (4) and whether a social worker training certificate holder has attained social worker degree equivalency.

(b) Notwithstanding sub. (4), for the purpose of determining whether a social worker training certificate holder has attained social worker degree equivalency under sub. (4), the section shall apply course work or internships that the certificate holder completed, or employment that the certificate holder held, as part of the program leading to the degree that he or she specified to satisfy the requirement in sub. (1) (c) if the course work, internship or employment satisfies the requirements in sub. (4).

(5) (a) A social worker training certificate holder may take the national social work examination at any time after he or she completes the requirements under sub. (4).

(b) If a social worker training certificate holder passes the examination specified under par. (a), he or she shall be permitted to take an examination approved by the social worker section that tests knowledge of state law relating to social work.

(c) If an individual fails an examination specified under par. (a) or (b), he or she may retake the examination. The social worker section may not place any restrictions on the number of times an individual may retake the examinations specified under pars. (a) and (b).

(d) The social worker section shall grant a social worker certificate to an individual who has held a social worker training certificate and who passes the examinations specified under pars. (a) and (b).

27,6620m Section 6620m. 480.24 (2) (h) of the statutes is repealed and recreated to read:

480.24 (2) (h) Failed to obtain a permit under s. 77.52 (9).

27,6621 Section 6621. 551.02 (3) (h) of the statutes is amended to read:

551.02 (3) (h) Other persons not within the intent of this subsection whom the commissioner division by rule or order designates.

27,6622 Section 6622 . 551.02 (4) of the statutes is amended to read:

551.02 (4) “Commissioner" “ Division" means the commissioner division of securities.

27,6623 Section 6623 . 551.02 (7) (f) of the statutes is amended to read:

551.02 (7) (f) Other persons not within the intent of this subsection whom the commissioner division by rule or order designates.

27,6624 Section 6624 . 551.02 (12) of the statutes is amended to read:

551.02 (12) “Securities act of 1933", “securities exchange act of 1934", “investment company act of 1940", “investment advisers act of 1940" and “internal revenue code" mean the federal statutes of those names as amended on January 1, 1970, including such later amendments as the commissioner division determines are not inconsistent with the purpose of this chapter.

27,6625 Section 6625 . 551.22 (1) (a) of the statutes is amended to read:

551.22 (1) (a) Any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state or any agency or corporate or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; but any revenue obligation payable from payments to be made in respect of property or money used under a lease, sale or loan arrangement by or for a nongovernmental industrial or commercial enterprise is exempted only as provided under par. (b). A security, other than a security issued or guaranteed by the United States or an agency or corporate instrumentality of the United States and other than a revenue obligation, is exempt under this subsection only if the issuer's financial statements are prepared according to generally accepted accounting principles or guidelines which the commissioner division designates by rule.

27,6626 Section 6626 . 551.22 (1) (b) (intro.) of the statutes is amended to read:

551.22 (1) (b) (intro.) Unless subject to a letter of credit of a bank, savings bank or savings and loan association as provided in this paragraph, a revenue obligation of an issuer specified under par. (a) that is payable from payments to be made in respect of property or money used under a lease, sale or loan arrangement by or for a nongovernmental industrial or commercial enterprise is exempted subject to rules adopted by the commissioner division. A revenue obligation is exempt from any filing under the rules of the commissioner division if it is the subject of an irrevocable letter of credit from a bank, savings bank or savings and loan association in favor of holders of the revenue obligations providing for payment of all principal of the revenue obligations and all accrued and unpaid interest to the date of an event of default on the revenue obligations, and the letter of credit is accompanied by an opinion of counsel stating:

27,6627 Section 6627 . 551.22 (7) of the statutes is amended to read:

551.22 (7) Any security listed, or approved for listing upon notice of issuance, on the New York stock exchange, the American stock exchange, or a securities exchange designated by rule of the commissioner division; any security designated, or approved for designation upon notice of issuance, as a national market system security by the national association of securities dealers, inc., subject to rules that the commissioner division may promulgate under this subsection; any security of the same issuer which is of senior or substantially equal rank to the security listed, designated or approved for listing or designation, except that if the security is any preferred stock or debt security the security is not exempt unless the issuer satisfies s. 551.235 (5) (d); any security called for by subscription rights or warrants so listed, approved or designated; or any warrant or right to purchase or subscribe to any of the foregoing.

27,6628 Section 6628 . 551.22 (8) of the statutes is amended to read:

551.22 (8) Any security issued to its members by a domestic corporation organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purposes; and any evidences of debt issued by any such corporation to nonmembers in compliance with rules adopted by the commissioner division.

27,6629 Section 6629 . 551.22 (9) of the statutes is amended to read: