AB150: Bill Text

AB150, s. 6564 Section 6564. 440.08 (2) (a) 68u. of the statutes is created to read:

AB150,2138,17 440.08 (2) (a) 68u. Social worker training: July 1 of each odd-numbered year; $41.

AB150, s. 6565 Section 6565. 440.08 (2) (a) 68v. of the statutes is amended to read:

AB150,2138,20 440.08 (2) (a) 68v. Speech-language pathologist: February 1 of each odd-numbered year; $41 $46.

AB150, s. 6566 Section 6566. 440.08 (2) (a) 69. of the statutes is amended to read:

AB150,2138,23 440.08 (2) (a) 69. Time-share salesperson: January 1 of each odd-numbered year; $36 $102.

AB150, s. 6567 Section 6567. 440.08 (2) (a) 70. of the statutes is amended to read:

AB150,2139,2 440.08 (2) (a) 70. Veterinarian: January 1 of each even-numbered year; $67 $80.

AB150, s. 6568 Section 6568. 440.08 (2) (c) of the statutes is renumbered 440.08 (2) (c) (intro.) and amended to read:

AB150,2139,7 440.08 (2) (c) (intro.) Renewal applications shall be submitted to the department on a form provided by the department and, except as provided in sub. (3), shall include the all of the following:

AB150,2139,8 1. The applicable renewal fee specified in pars. (a) and (b).

AB150, s. 6569 Section 6569. 440.08 (2) (c) 2. of the statutes is created to read:

AB150,2139,10 440.08 (2) (c) 2. The health care provider assessment, if applicable.

AB150, s. 6570 Section 6570. 440.08 (3) (a) (intro.) of the statutes is amended to read:

AB150,2139,17 440.08 (3) (a) (intro.) Except as provided in rules promulgated under par. (b), if the department does not receive an application to renew a credential before its renewal date, the holder of the credential may restore the credential by payment of the applicable renewal fee specified in sub. (2) (a), by payment of any applicable health care provider assessment specified in s. 440.10 and by payment of the following amount:

AB150, s. 6571 Section 6571. 440.08 (3) (a) (intro.) and 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), are consolidated, renumbered 440.08 (3) (a) and amended to read:

AB150,2140,2 440.08 (3) (a) Except as provided in rules promulgated under par. (b), if the department does not receive an application to renew a credential before its renewal date, the holder of the credential may restore the credential by payment of the applicable renewal fee specified in sub. (2) (a), by payment of any applicable health care provider assessment specified in s. 440.10 and by payment of the following amount: 2. If the application is received by the department 30 days or more after the renewal date, a late renewal fee of $25.

AB150, s. 6572 Section 6572. 440.08 (3) (a) 1. of the statutes is repealed.

AB150, s. 6573 Section 6573. 440.08 (4) of the statutes is amended to read:

AB150,2140,16 440.08 (4) Denial of credential renewal. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) 1. or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 other than s. 440.10, or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, have the denial reviewed at a hearing before the department, examining board or affiliated credentialing board.

AB150, s. 6574 Section 6574. 440.10 of the statutes is created to read:

AB150,2140,19 440.10 Health care provider assessment. (1) The department shall levy a health care provider assessment of $300 on all of the following credentials:

AB150,2140,20 (a) A license to practice medicine and surgery granted under ch. 448.

AB150,2140,21 (b) A license to practice podiatry granted under ch. 448.

AB150,2140,22 (c) A license to practice chiropractic granted under ch. 446.

AB150,2140,24 (2) The health care provider assessment under sub. (1) is in addition to the renewal fee specified under s. 448.08 (2) (a) for the credential.

AB150,2141,8 (3) A person holding a credential specified in sub. (1) shall pay the health care provider assessment at the time the person renews the credential under s. 440.08 (2) (a). If a person holding a credential specified in sub. (1) fails to pay the health care provider assessment at the time the person renews the credential, the department shall request the department of revenue to collect the health care provider assessment as provided under s. 73.03 (49). The department may not deny renewal of a credential solely on the ground that the credential holder has failed to pay a health care provider assessment levied under this section.

AB150, s. 6575 Section 6575. 440.12 of the statutes is created to read:

AB150,2141,11 440.12 Self-inspection programs. (1) In this section, "self-inspection program" means any of the following:

AB150,2141,16 (a) A procedure requiring a person who has management or control authority over a credentialed location, or over a location for which an application for a credential is pending, to review conditions of the location for compliance with legal requirements, and to verify in a report to the credentialing authority that the location is in compliance with those requirements.

AB150,2141,20 (b) A procedure requiring a person who is credentialed, or who is an applicant for a credential, to review specific requirements for professional practice and to verify in a report to the credentialing authority that his or her practice is in compliance with those requirements.

AB150,2142,2 (2) The department, or any examining board, affiliated credentialing board or board in the department that has the authority to establish standards of conduct for a profession, may promulgate rules establishing a self-inspection program. The department, examining board, affiliated credentialing board or board may establish a self-inspection program in addition to other inspection programs required by law or as an alternative to other inspection programs required by law.

AB150, s. 6576 Section 6576. 440.205 of the statutes is created to read:

AB150,2142,25 440.205 Administrative warnings. If, after the department or a board, examining board or affiliated credentialing board in the department determines that there is substantial evidence of misconduct by the holder of a credential, but determines that a disciplinary proceeding should not be commenced against the holder of the credential, then the department, board, examining board or affiliated credentialing board may close the investigation by the issuance of an administrative warning. If an administrative warning is issued, the holder of the credential may obtain a review of the administrative warning through a personal appearance before the department, board, examining board or affiliated credentialing board that issued the administrative warning. Administrative warnings shall be private and confidential, do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the holder of the credential is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the holder of the credential is received by the department or a board, examining board or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the holder of the credential had actual knowledge that certain practices were contrary to law. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings. The rules shall include a definition of "substantial evidence of misconduct" for purposes of this section.

AB150, s. 6577 Section 6577. 440.23 (1) of the statutes is amended to read:

AB150,2143,6 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 440.42 (1), 440.43 (1), 440.44 (1), 444.03, 444.05, 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).

AB150, s. 6578 Section 6578. 440.23 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2143,13 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).

****Note: This is reconciled s. 440.23 (1). This Section has been affected by drafts with the following LRB numbers: 0566/3 and 0567/1.

AB150, s. 6579 Section 6579. 440.42 (1) (b) 2g. and 2r. of the statutes are created to read:

AB150,2143,18 440.42 (1) (b) 2g. Submits to the department an annual financial report for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 but not more than $100,000 during its most recently completed fiscal year.

AB150,2143,22 2r. Submits to the department 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 during its most recently completed fiscal year.

AB150, s. 6580 Section 6580. 440.42 (1) (c) of the statutes is amended to read:

AB150,2144,8 440.42 (1) (c) The department shall issue a certificate of registration to each charitable organization that is registered under this subsection. Certificates issued under this paragraph expire 6 months after the end of the charitable organization's most recently completed fiscal year. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the expiration date of the certificate specified in s. 440.08 (2) (a) and shall include a registration statement that complies with sub. (2) and a $15 renewal fee the renewal fee specified in s. 440.08 (2) (a).

AB150, s. 6581 Section 6581. 440.42 (2) (d) and (e) of the statutes are repealed.

AB150, s. 6582 Section 6582. 440.43 (1) (title) of the statutes is amended to read:

AB150,2144,11 440.43 (1) (title) Annual registration Registration requirement.

AB150, s. 6583 Section 6583. 440.43 (1) (c) of the statutes is amended to read:

AB150,2144,19 440.43 (1) (c) The department shall issue a certificate of registration to each fund-raising counsel that is registered under this subsection. Certificates issued under this paragraph expire on September 1. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the date specified by the department in s. 440.08 (2) (a) and shall include a $50 the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the fund-raising counsel maintains a bond that is approved under sub. (2).

AB150, s. 6584 Section 6584. 440.44 (1) (title) of the statutes is amended to read:

AB150,2144,21 440.44 (1) (title) Annual registration Registration requirement.

AB150, s. 6585 Section 6585. 440.44 (1) (c) of the statutes is amended to read:

AB150,2145,4 440.44 (1) (c) The department shall issue a certificate of registration to each professional fund-raiser that is registered under this subsection. Certificates issued under this paragraph expire on September 1. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the date specified by the department in s. 440.08 (2) (a) and shall include a $50 the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the professional fund-raiser maintains a bond that is approved under sub. (2).

AB150, s. 6586 Section 6586. 440.47 (5) of the statutes is amended to read:

AB150,2145,22 440.47 (5) (title) Substitute service upon secretary of state department of revenue. A charitable organization, fund-raising counsel, professional fund-raiser or commercial coventurer that has its principal place of business outside of this state or is organized under laws other than the laws of this state and that is subject to this subchapter shall be considered to have irrevocably appointed the secretary of state department of revenue as its agent for the service of process or notice directed to the charitable organization, fund-raising counsel, professional fund-raiser or commercial coventurer or to any of its partners, principal officers or directors in an action or proceeding brought under this subchapter. Service of process or notice upon the secretary of state department of revenue shall be made by personally delivering to and leaving with the secretary of state department of revenue a copy of the process or notice. That service shall be sufficient service if the secretary of state department of revenue immediately sends notice of the service and a copy of the process or notice to the charitable organization, fund-raising counsel, professional fund-raiser, commercial coventurer or other person to whom it is directed by registered mail, with return receipt requested, at the last address known to the secretary of state department of revenue.

AB150, s. 6587 Section 6587. 440.61 (2) of the statutes is amended to read:

AB150,2145,25 440.61 (2) Schools operated by the department of health and social services or the department of corrections.

AB150, s. 6588 Section 6588. 440.64 (2) (a) of the statutes is amended to read:

AB150,2146,3 440.64 (2) (a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools.

AB150, s. 6589 Section 6589. Subchapter VI (title) of chapter 440 [precedes 440.71] of the statutes is renumbered subchapter II (title) of chapter 224 [precedes 224.70].

AB150, s. 6590 Section 6590. 440.71 of the statutes is renumbered 224.71.

AB150, s. 6591 Section 6591. 440.72 (title), (1), (1m), (2), (3) and (4) of the statutes are renumbered 224.72 (title), (1), (1m), (2), (3) and (4), and 224.72 (2) (intro.), as renumbered, is amended to read:

AB150,2146,14 224.72 (2) Applying for registration. (intro.) A person desiring to act as a mortgage banker, loan originator or loan solicitor shall apply for a certificate of registration to the department on forms prescribed by the department and shall pay the fee specified under s. 440.05 (1) sub. (8) (a). An application shall satisfy all of the following:

AB150, s. 6592 Section 6592. 440.72 (5) of the statutes is renumbered 224.72 (5) and amended to read:

AB150,2146,20 224.72 (5) Completion of registration. (a) Loan originator and loan solicitor. Upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in s. 440.05 (1) sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB150,2146,25 (b) Mortgage banker. 1. Upon receiving a properly completed application for registration as a mortgage banker, the fee specified in s. 440.05 (6) sub. (8) (b) and satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB150,2147,5 2. If within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in s. 440.05 (1) sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB150, s. 6593 Section 6593. 440.72 (7) of the statutes is renumbered 224.72 (7) and amended to read:

AB150,2147,14 224.72 (7) Renewal of registration. A loan originator, loan solicitor or mortgage banker shall renew a certificate of registration by submitting to the department a renewal application and the applicable renewal fee specified under s.440.08 (2) (a) sub. (8) (c) on or before the applicable renewal date specified under s.440.08 (2) (a) sub. (8) (c) . An applicant for renewal of a certificate of registration as a mortgage banker shall, as part of the application, refile a bond that satisfies sub. (4) (b) or resubmit evidence that satisfies sub. (4) (a) or (c).

AB150, s. 6594 Section 6594. 440.73 of the statutes is renumbered 224.73, and 224.73 (1) and (3), as renumbered, are amended to read:

AB150,2147,20 224.73 (1) Responsibility for loan originator. A mortgage banker is responsible for, and shall supervise the acts of, a loan originator who registers under s. 440.72 224.72 (3) as an employe of the mortgage banker or a loan originator or any other person who otherwise acts on behalf of the mortgage banker.

AB150,2147,24 (3) Transfer by loan originator. A registered loan originator may at any time apply, on forms prescribed and provided by the department, to transfer employment to another registered mortgage banker. The fee for transfer is specified under s. 440.05 (7) 224.72 (8) (d) and is payable when the loan originator files the application.

AB150, s. 6595 Section 6595. 440.74 of the statutes is renumbered 224.74.

AB150, s. 6596 Section 6596. 440.75 of the statutes is renumbered 224.75.

AB150, s. 6597 Section 6597. 440.76 of the statutes is renumbered 224.76.

AB150, s. 6598 Section 6598. 440.77 (title) and (1) of the statutes are renumbered 224.77 (title) and (1), and 224.77 (1) (f) and (g), as renumbered, are amended to read:

AB150,2148,7 224.77 (1) (f) Accepted a commission, money or other thing of value for performing an act as a loan originator unless the payment is from a mortgage banker who is registered under s. 440.72 224.72 (3) as employing the loan originator.

AB150,2148,10 (g) As a loan originator, represented or attempted to represent a mortgage banker other than the mortgage banker who is registered under s. 4 40.72 224.72 (3) as employing the loan originator.

AB150, s. 6599 Section 6599. 440.77 (2), (3) and (4) of the statutes are renumbered 224.77 (2), (3) and (4).

AB150, s. 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:

AB150,2148,16 224.77 (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.

AB150, s. 6601 Section 6601. 440.78 of the statutes is renumbered 224.78.

AB150, s. 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:

AB150,2148,23 224.80 (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.

AB150,2149,3 (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:

AB150, s. 6603 Section 6603. 440.81 of the statutes is renumbered 224.81.

AB150, s. 6604 Section 6604. 440.82 of the statutes is renumbered 224.82.