163,18
Section
18. 202.025 (1) (b) of the statutes is renumbered 202.021 (3) (b) and amended to read:
202.021 (3) (b) Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against a registrant or in any proceeding against a former registrant for practicing without a registration. Failure to receive a notice of renewal does not relieve a registrant from the obligation to pay a penalty for late renewal under sub. (2) par. (c).
163,19
Section
19. 202.025 (2) and (3) (title) of the statutes are repealed.
163,20
Section
20. 202.025 (3) (a) 1. of the statutes is renumbered 202.021 (4) (a) 2. and amended to read:
202.021 (4) (a) 2. Notwithstanding ss. 202.12 to 202.14 and 202.23, if the The department determines that an the applicant for registration or registration renewal has failed to comply with any applicable requirement for the issuance or renewal, or that
of registration.
3. The department determines that the denial of
an the application for registration or registration renewal is necessary to protect the public health, safety, or welfare, the department may summarily deny the application for registration or registration renewal.
163,21
Section
21. 202.025 (3) (a) 2. of the statutes is renumbered 202.021 (4) (b) and amended to read:
202.021 (4) (b) If the department denies an application for registration or registration renewal under
subd. par. (a) 1., 2., 3., or 4., the department shall provide the applicant with a notice of denial that states the facts or conduct giving rise to the denial and states that the applicant may, within 30 days after the date stated on the notice of denial, file a written request with the department for the department to review the denial at a hearing.
163,22
Section
22. 202.025 (3) (b) of the statutes is repealed.
163,23
Section
23. 202.03 (title) of the statutes is repealed.
163,24
Section
24. 202.03 of the statutes is renumbered 202.021 (4) (a) 5. and amended to read:
202.021 (4) (a) 5. Notwithstanding ss. 202.12 to 202.14 and 202.22, the department shall deny an application for an initial registration or for registration renewal, or revoke a registration, if the The department of revenue certifies has certified under s. 73.0301 that the applicant or registrant is liable for delinquent taxes
or if the. An applicant whose application is denied 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 or hearing under this section.
6. The department of workforce development certifies has certified under s. 108.227 that the applicant or registrant is liable for delinquent unemployment insurance contributions. An applicant whose application is denied under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
163,25
Section
25. 202.031 (5) (a) and (6) of the statutes are created to read:
202.031 (5) (a) Applicants and registrants shall keep current and accurate all material information contained in the application or on file with the department. Material information includes name, mailing address, electronic mail address, and trade names.
(6) Before using any trade name in this state, the registrant shall inform the department in writing that the registrant intends to use the trade name. Unless the registrant is informed by the department within 30 days of submission of the trade name to the department that it may not use the proposed trade name, the registrant may use the trade name.
163,26
Section
26. 202.035 (title), (1) and (2) (intro.) of the statutes are repealed.
163,27
Section
27. 202.035 (2) (a) of the statutes is renumbered 202.06 (2) (e) and amended to read:
202.06 (2) (e) Restrict, limit,
The department shall restrict or suspend a registration, or deny an application for an initial registration, if the registrant, applicant, or a controlling person of the registrant or applicant is delinquent in paying support or is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to child support or paternity proceedings
that is issued by the department of children and families or a county child support agency under s. 59.53 (5) or 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 individual whose registration is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857.
163,28
Section
28. 202.035 (2) (b) of the statutes is renumbered 202.021 (4) (a) 7. and amended to read:
202.021 (4) (a) 7. Deny an application for registration renewal if the registrant or a controlling person of the registrant is delinquent in paying support or The applicant is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to child support or paternity proceedings that is issued by the department of children and families or a county child support agency under s. 59.53 (5) or 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 license is not issued or renewed under this subdivision 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.
163,29
Section
29. 202.04 (title) of the statutes is repealed.
163,30
Section
30. 202.04 of the statutes is renumbered 202.031 (4) and amended to read:
202.031 (4) A registrant may voluntarily surrender his or, her, or its registration. The department may refuse to accept that surrender if a complaint has been filed or a disciplinary proceeding has been commenced against the registrant.
163,31
Section
31. 202.05 of the statutes is repealed.
163,32
Section
32. 202.055 (title) of the statutes is repealed.
163,33
Section
33. 202.055 (1) of the statutes is renumbered 202.031 (5) (b) and amended to read:
202.031 (5) (b) An applicant or registrant that undergoes a change of name or address shall notify the department of the applicant's or registrant's new name or address Notification of any change to material information shall be made to the department within 30 days after the change and shall be made in writing or in accordance with other notification procedures approved by the department.
163,34
Section
34. 202.055 (2) of the statutes is renumbered 202.07 (3m).
163,35
Section
35. 202.055 (3) of the statutes is renumbered 202.031 (5) (c) and amended to read:
202.031 (5) (c) Any person who fails to comply with sub. (1) par. (b) shall be subject to a forfeiture of $50 for each violation.
163,36
Section
36. 202.06 (1) (title) of the statutes is repealed.
163,37
Section
37. 202.06 (1) of the statutes is renumbered 202.07 (1m) (a).
163,38
Section
38. 202.06 (2) of the statutes is renumbered 202.06 (2) (c), and 202.06 (2) (c) 1., as renumbered, is amended to read:
202.06 (2) (c) 1. Made a material misrepresentation or false statement in an application for registration or registration renewal or in any other information submitted to the department or in a report under s. 108.067.
163,39
Section
39. 202.06 (2) (d), (f) and (g) of the statutes are created to read:
202.06 (2) (d) Subject to ss. 111.321, 111.322, and 111.335, the department may reprimand a registrant or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that the registrant has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.
(f) The department shall revoke a registration if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a).
(g) The department shall revoke a registration if the department of workforce development certifies under s. 108.227 that the registrant is liable for delinquent unemployment insurance contributions. A registrant whose registration is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a).
163,40
Section
40. 202.06 (3) of the statutes is amended to read:
202.06 (3) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, revocation, restriction, nonrenewal, or other withholding of a registration under sub. (2) (c), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.
163,41
Section
41. 202.07 (title) of the statutes is repealed and recreated to read:
202.07 (title) General powers of the department.
163,42
Section
42. 202.07 (1) of the statutes is renumbered 202.07 (5m) (a).
163,43
Section
43. 202.07 (2) of the statutes is renumbered 202.07 (5m) (b).
163,44
Section
44. 202.07 (3) of the statutes is renumbered 202.07 (5m) (c), and 202.07 (5m) (c) 1., as renumbered, is amended to read:
202.07 (5m) (c) 1. An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b)
subd. 2., may not be used as evidence that the registrant is guilty of the alleged misconduct.
163,45
Section
45. 202.07 (4) of the statutes is renumbered 202.07 (5m) (d).
163,46
Section
46. 202.08 of the statutes is renumbered 202.041, and 202.041 (2), as renumbered, is amended to read:
202.041 (2) Before the department makes any fee adjustment under sub. (1), the department shall send a notification of the proposed fee adjustments to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of financial institutions within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made as proposed. The department shall notify registrants of the fee adjustments by posting the fee adjustments on the department's Internet site and in registration renewal notices sent to affected registrants under s. 202.025 (1) 202.021 (3) (a). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary of financial institutions that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made only upon approval of the committee.
163,47
Section
47. 202.09 of the statutes is renumbered 202.051.
163,48
Section
48. 202.095 (title) of the statutes is repealed.
163,49
Section
49. 202.095 of the statutes is renumbered 202.07 (4m) and amended to read:
202.07 (4m) The department shall
may promulgate rules to implement this chapter.
163,50
Section
50. 202.11 (5) (intro.) of the statutes is amended to read:
202.11 (5) (intro.) "Contribution" means a grant or pledge of money, credit, property, or other thing of any kind or value, except food, used clothing, or used household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from any of the following:
163,51
Section
51. 202.11 (7) (d) of the statutes is amended to read:
202.11 (7) (d) A bona fide employee of a person who employs another person to solicit in this state professional fund-raiser that is registered under this chapter.
163,52
Section
52. 202.11 (10) of the statutes is amended to read:
202.11 (10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser and is not a bona fide employee of a professional fund-raiser that is registered under this chapter.
163,53
Section
53. 202.12 (1) (title) of the statutes is amended to read:
202.12 (1) (title) Annual registration Registration requirement.
163,54
Section
54. 202.12 (1) (b) (intro.) of the statutes is repealed and recreated to read:
202.12 (1) (b) (intro.) Applicants for a charitable organization registration shall apply to the department, in the form and manner prescribed by the department. Each application that is not a renewal application shall be accompanied by any information required by the department, including all of the following:
163,55
Section
55. 202.12 (1) (b) 1. and 2. of the statutes are repealed.
163,56
Section
56. 202.12 (1) (b) 2g. of the statutes is amended to read:
202.12 (1) (b) 2g. Submits to the department an annual A reviewed financial report statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 $300,000, subject to adjustment under sub. (8), but not more than $100,000
$500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant.
163,57
Section
57. 202.12 (1) (b) 2r. of the statutes is amended to read:
202.12 (1) (b) 2r. Submits to the department an An audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include the opinion of an independent certified public accountant on the financial statement.
163,58
Section
58. 202.12 (1) (b) 3. of the statutes is renumbered 202.12 (1) (b) 1m. and amended to read:
202.12 (1) (b) 1m. Pays to the department the The registration fee determined by the department under s. 202.08 202.041.
163,59
Section
59. 202.12 (1) (c) and (d) of the statutes are repealed.
163,60
Section
60. 202.12 (1) (e) of the statutes is created to read:
202.12 (1) (e) All charitable organization registrations expire on July 31 of each year.
163,61
Section
61. 202.12 (2) of the statutes is repealed.
163,62
Section
62. 202.12 (3) (title) of the statutes is amended to read:
202.12 (3) (title) Annual financial report; audit requirement.
163,63
Section
63. 202.12 (3) (a) (intro.) of the statutes is renumbered 202.12 (3) (a) and amended to read:
202.12 (3) (a) Except as provided in pars. (am), (b), and (bm), and in rules promulgated under sub. (8), a A charitable organization that received contributions in excess of $5,000 during its most recently completed fiscal year registered under sub. (1) shall file with the department an annual financial report for the charitable organization's most recently completed fiscal year. The department shall prescribe the form of the report and shall prescribe standards for its completion. The annual financial report shall be filed within 12 months after the end of that fiscal year and shall include all of the following:.
163,64
Section
64. 202.12 (3) (a) 1., 2., 3. and 4. of the statutes are repealed.
163,65
Section
65. 202.12 (3) (am) of the statutes is repealed.
163,66
Section
66. 202.12 (3) (b) of the statutes is amended to read:
202.12 (3) (b) Except as provided in rules promulgated under sub. (8) In addition to the annual report required under par. (a), if a charitable organization received contributions in excess of $400,000
$500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under par. (a), an audited financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and the opinion of an independent certified public accountant on the financial statement. The audited financial statement shall be filed within 6 12 months after the end of that fiscal year.
163,67
Section
67. 202.12 (3) (bm) of the statutes is amended to read:
202.12 (3) (bm) Except as provided in rules promulgated under sub. (8) In addition to the annual report required under par. (a), if a charitable organization received contributions in excess of $200,000
$300,000, subject to adjustment under sub. (8), but less
not more than $400,000 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under par. (a), a financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and a review of the financial statement by an independent certified public accountant. The financial statement shall be filed within 6 12 months after the end of that fiscal year.
163,68
Section
68. 202.12 (3) (c) of the statutes is repealed.
163,69
Section
69. 202.12 (3) (d) of the statutes is created to read:
202.12 (3) (d) A charitable organization may apply to the department for a waiver of the requirement set forth in par. (b) or (bm). The waiver application shall be in writing, be received by the department within 90 days after the charitable organization's fiscal year-end, and include documentation to support all of the following:
1. The charitable organization's contributions were, during each of the past 3 fiscal years, less than $100,000, subject to adjustment under sub. (8).