2015 WISCONSIN ACT 163
An Act to repeal 202.02 (5), 202.02 (6) (d), 202.025 (title), 202.025 (1) (title), 202.025 (2) and (3) (title), 202.025 (3) (b), 202.03 (title), 202.035 (title), (1) and (2) (intro.), 202.04 (title), 202.05, 202.055 (title), 202.06 (1) (title), 202.095 (title), 202.12 (1) (b) 1. and 2., 202.12 (1) (c) and (d), 202.12 (2), 202.12 (3) (a) 1., 2., 3. and 4., 202.12 (3) (am), 202.12 (3) (c), 202.12 (4), 202.13 (1) (b) 1., 202.13 (1) (c) and (d), 202.14 (1) (b) 1., 202.14 (1) (c) and (d), 202.14 (3) (a), (b), (c), (d), (e) and (f), 202.14 (4) (b), (c) and (d), 202.14 (5) (title), 202.155 (3) (intro.), 202.155 (3) (b), 202.22 (2) (a), (b), (c), (d) and (e), 202.22 (4) (c), 202.22 (7) (a), 202.22 (8) and 202.26 (1) and (3); to renumber 202.02 (1), 202.02 (2), 202.055 (2), 202.06 (1), 202.07 (1), 202.07 (2), 202.07 (4), 202.09, 202.155 (1) (c) and 202.155 (3) (c); to renumber and amend 202.02 (title), 202.02 (3), 202.02 (4), 202.02 (6) (a), 202.02 (6) (b), 202.02 (6) (c), 202.02 (6) (e), 202.02 (7), 202.025 (1) (a), 202.025 (1) (b), 202.025 (3) (a) 1., 202.025 (3) (a) 2., 202.03, 202.035 (2) (a), 202.035 (2) (b), 202.04, 202.055 (1), 202.055 (3), 202.06 (2), 202.07 (3), 202.08, 202.095, 202.12 (1) (b) 3., 202.12 (3) (a) (intro.), 202.12 (8), 202.13 (1) (b) 3., 202.14 (1) (b) 3., 202.14 (3) (intro.), 202.14 (5), 202.155 (title), 202.155 (1) (intro.), 202.155 (1) (a), 202.155 (1) (b), 202.155 (2), 202.155 (3) (a) and 202.155 (4); to consolidate, renumber and amend 202.26 (intro.) and (2); to amend 202.06 (3), 202.11 (5) (intro.), 202.11 (7) (d), 202.11 (10), 202.12 (1) (title), 202.12 (1) (b) 2g., 202.12 (1) (b) 2r., 202.12 (3) (title), 202.12 (3) (b), 202.12 (3) (bm), 202.12 (5) (a) 3., 202.12 (5) (b), 202.13 (1) (b) 2., 202.13 (2), 202.13 (4) (a), 202.14 (1) (b) 2., 202.14 (2), 202.14 (4) (a), 202.14 (7), 202.16 (1) (intro.), 202.16 (1) (g), 202.17 (1), 202.17 (4) (a), 202.18 (1) (b), 202.21 (1), 202.22 (2) (intro.), 202.22 (4) (title), (a) and (b), 202.22 (5) (a), 202.22 (5) (d), 202.22 (6), 202.22 (7) (b), 202.22 (7) (c), 202.22 (9) (am), 202.23 (1) and 202.23 (2); to repeal and recreate 202.07 (title), 202.12 (1) (b) (intro.), 202.12 (7), 202.13 (1) (b) (intro.) and 202.14 (1) (b) (intro.); and to create 202.01 (1m), 202.021 (title), (1) (title) and (a), (2) (title), (bn), (c) and (d), (3) (title) and (c) and (4) (title) and (a) (intro.), 1. and 4., 202.031 (5) (a) and (6), 202.06 (2) (d), (f) and (g), 202.12 (1) (e), 202.12 (3) (d), 202.12 (5) (a) 9., 202.12 (6m) (a) 3., 202.12 (6m) (d), 202.12 (8) (b) and (c), 202.13 (1) (e), 202.13 (2m), 202.13 (4) (d), 202.14 (1) (e), 202.14 (2m), 202.14 (4) (e), 202.14 (11) (title), (a), (c), (d) and (f), 202.16 (1) (h), (i), (j), (k) and (L), 202.22 (3) and 227.01 (13) (yx) of the statutes; relating to: registration and other requirements for charitable organizations, professional fund-raisers, fund-raising counsel, and professional employer organizations and modifying rules promulgated by the Department of Financial Institutions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
163,1
Section
1. 202.01 (1m) of the statutes is created to read:
202.01 (1m) "Application" includes an application for initial registration and an application for renewal of a registration.
163,2
Section
2. 202.02 (title) of the statutes is renumbered 202.031 (title) and amended to read:
202.031 (title) General duties
and powers.
163,3
Section
3. 202.02 (1) of the statutes is renumbered 202.07 (2m).
163,4
Section
4. 202.02 (2) of the statutes is renumbered 202.031 (1).
163,5
Section
5. 202.02 (3) of the statutes is renumbered 202.031 (2), and 202.031 (2) (b), as renumbered, is amended to read:
202.031 (2) (b) Post a notice in a conspicuous place in the registrant's office or place of business, or on the registrant's Internet site, describing the procedures for filing a complaint against the registrant.
163,6
Section
6. 202.02 (4) of the statutes is renumbered 202.021 (1) (b) and amended to read:
202.021 (1) (b) 1. The department shall require each applicant to provide his or her social security number with the applicant's application for a registration or registration renewal, or, if the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.
2. If an applicant is an individual who does not have a social security number, the applicant shall submit a statement to the department made or subscribed under oath that the applicant does not have a social security number. The department of children and families shall prescribe the form of the statement. A registration issued in reliance upon a false statement submitted under this paragraph subdivision is invalid.
3. The department may not disclose a social security number obtained under par. (a) subd. 1. to any person except the department of children and families to administer s. 49.22, the department of revenue to request certifications under s. 73.0301 and administer state taxes, and the department of workforce development to request certifications under s. 108.227.
163,7
Section
7. 202.02 (5) of the statutes is repealed.
163,8
Section
8. 202.02 (6) (a) of the statutes is renumbered 202.021 (2) (a) and amended to read:
202.021 (2) (a) The department may conduct an investigation of the applicant, including the applicant's members, officers, trustees, and directors, to determine whether an the applicant satisfies any all of the eligibility requirements specified for the registration, including whether the applicant does not have. The investigation may include determining whether any of the applicant's members, officers, trustees, or directors has an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements under par. (d).
163,9
Section
9. 202.02 (6) (b) of the statutes is renumbered 202.031 (3) and amended to read:
202.031 (3) A registrant, or a registrant's officer, director, trustee, or member, who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction.
163,10
Section
10. 202.02 (6) (c) of the statutes is renumbered 202.07 (1m) (b) and amended to read:
202.07 (1m) (b) The department may investigate whether an applicant or a registrant, or an officer, director, trustee, or member of a registrant, has been charged with or convicted of a crime. In conducting this investigation, the department may require a person for whom the department conducts an investigation to provide any information that is necessary for the investigation.
163,11
Section
11. 202.02 (6) (d) of the statutes is repealed.
163,12
Section
12. 202.02 (6) (e) of the statutes is renumbered 202.021 (2) (b) and amended to read:
202.021 (2) (b) The If an officer, director, or member of an applicant has been convicted or has an arrest or conviction record, the department shall may charge an applicant the fees, costs, or other expenses the department incurs for conducting an investigation under this subsection.
163,13
Section
13. 202.02 (7) of the statutes is renumbered 202.021 (1) (c) and amended to read:
202.021 (1) (c) The department may require the electronic submission of an application for registration or registration renewal or any other document or information that may be submitted to the department under this chapter.
163,14
Section
14. 202.021 (title), (1) (title) and (a), (2) (title), (bn), (c) and (d), (3) (title) and (c) and (4) (title) and (a) (intro.), 1. and 4. of the statutes are created to read:
202.021 (title) Registration. (1) (title) Applications for registration. (a) Applicants for registration under this chapter shall apply to the department, on forms and in the manner prescribed by the department. Forms prescribed by the department under this paragraph may contain any content or requirement that the department, in its discretion, determines necessary and these forms may be modified or updated as necessary by the department to carry out the purposes of this chapter.
(2) (title) Completion of registration process.
(bn) Subject to ss. 111.321, 111.322, and 111.335, the department may deny or limit the registration of an applicant or registrant that has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.
(c) Except as provided in sub. (4), the department shall, after its review of an application, issue a certificate of registration to the applicant.
(d) A registration issued under this chapter is not assignable or transferable.
(3) (title) Renewal of registration.
(c) 1. A registrant may apply to renew its registration by submitting to the department an application, fees, and any financial statement required by s. 202.22. For the renewal application to be timely, the renewal fee and application must be received by the department on or before the registration's expiration date.
2. Subject to subd. 4., a registrant whose renewal fee and completed application are not received by the department on or before the registration's expiration date, but are received within 60 days after the expiration date, must pay the late fee determined by the department under s. 202.041.
3. A registrant whose renewal fee and completed application are not received by the department within 60 days after the expiration date of the registration must submit an application for a new registration.
4. After the expiration date, a registrant that is required to renew its registration may not continue to conduct the activity for which the registration is required unless the registrant's certificate has been renewed by the department or the registrant has paid the renewal fee and filed a completed renewal application on or before the registration's expiration date.
(4) (title) Denial of application. (a) (intro.) The department may not issue or renew a registration under this chapter if any of the following applies:
1. The applicant has failed to submit a complete application to the department. Before denying an incomplete application, the department shall notify the applicant of any deficiencies in the application and give the applicant a reasonable amount of time to resolve the deficiencies.
4. The department is not satisfied that the applicant or registrant will comply with this chapter and any rules promulgated under this chapter.
163,15
Section
15. 202.025 (title) of the statutes is repealed.
163,16
Section
16. 202.025 (1) (title) of the statutes is repealed.
163,17
Section
17. 202.025 (1) (a) of the statutes is renumbered 202.021 (3) (a) and amended to read:
202.021 (3) (a) The department shall give a notice of renewal to each registrant at least 30 days before the renewal expiration date of the registration. The department may give that notice by electronic transmission.
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.
