SB40: Bill Text

SB40,1535,19 351.025 (1) (b) The department may not revoke a person's operating privilege under par. (a) based, in whole or part, upon any conviction for an offense committed in another jurisdiction if at the time of the conviction the person was licensed in or resided in another jurisdiction unless, after the person has become licensed under ch. 343 or transferred residency to this state, the person is convicted of an offense under s. 351.02 (1) (a) or (b) committed in this state.

SB40, s. 3443 Section 3443. 351.027 (2) of the statutes is amended to read:

SB40,1536,8 351.027 (2) If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the person may file with the circuit court for the county in which the person resides, or, in the case of a nonresident, with the circuit court for Dane County person who moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). The scope of the hearing shall be limited to whether or not the person is the same person named in the record and, whether or not the person was convicted of each offense shown by the record, and whether the provisions of s. 351.025 (1) (b) prohibit revocation. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.

SB40, s. 3444 Section 3444. 351.03 of the statutes is amended to read:

SB40,1536,22 351.03 Secretary to certify copy of conviction record. Upon receipt of the copy of the petition under s. 351.027, the secretary shall certify the record of conviction of any person whose record brings him or her within the definition of a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1) to the court and to the district attorney of the county in which the person resides or to the attorney general if the person is not a resident of this state, if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked. The certified record shall be prima facie evidence that the person named therein was duly convicted by the court wherein the conviction or finding was made, of each offense shown by the record. If the person denies any of the facts as stated in the record, he or she shall have the burden of proving that the fact is false.

SB40, s. 3445 Section 3445. 351.04 of the statutes is amended to read:

SB40,1537,5 351.04 District attorney or attorney general to represent secretary. The district attorney for the county in which the person resides, or if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, who receives the certified copy of record from the secretary under s. 351.03 shall represent the secretary at the hearing under s. 351.027. In the case of nonresidents, the attorney general shall represent the secretary at the hearing.

SB40, s. 3446 Section 3446. 351.05 of the statutes is amended to read:

SB40,1537,18 351.05 Habitual traffic offender or repeat habitual traffic offender determination by the court. The court in which the petition under s. 351.027 is filed shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). If the person denies he or she was convicted or found in violation of any offense necessary for a holding that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), and if the court is not able to make the determination on the evidence before it, the court may certify the decision of the issue to the court in which the conviction or finding of violation was made. The court to which the certification was made shall conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the court in which the petition was filed.

SB40, s. 3447 Section 3447. 351.06 of the statutes is amended to read:

SB40,1538,6 351.06 Order of court. If the court finds that the person before it is not the same person named in the record or that he or she is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the court shall order the secretary to reinstate the person's Wisconsin operating privilege. If the court finds that the person is the same person named in the record and that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the court shall deny the person's petition for a determination that the person is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). The clerk of the court shall file a copy of the order or denial of the petition with the department which shall become a part of the records of the department.

SB40, s. 3448 Section 3448. 440.01 (1) (d) of the statutes is amended to read:

SB40,1538,10 440.01 (1) (d) "Limit", when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, and or to restrict the scope of the holder's practice.

SB40, s. 3449 Section 3449. 440.03 (9) (intro.) of the statutes is renumbered 440.03 (9) (a) (intro.) and amended to read:

SB40,1538,17 440.03 (9) (a) (intro.) The Subject to pars. (b) and (c), the department shall include all of the following with each biennial budget request that it makes under s. 16.42 determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal fee by doing all of the following:

SB40, s. 3450 Section 3450. 440.03 (9) (a) of the statutes is renumbered 440.03 (9) (a) 1. and amended to read:

SB40,1538,23 440.03 (9) (a) 1. A recalculation of Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480 and that are included in the budget request.

SB40, s. 3451 Section 3451. 440.03 (9) (b) of the statutes is renumbered 440.03 (9) (a) 2. and amended to read:

SB40,1539,17 440.03 (9) (a) 2. A recommended change to Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee specified under s. 440.05 (1) for an initial credential for which an examination is not required, under s. 440.05 (2) for a reciprocal credential, and under, subject to s. 440.08 (2) (a), for a credential renewal, if the change an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) prior to and during that budget period during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB40,1539,20 (b) The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.

SB40, s. 3452 Section 3452. 440.03 (9) (c) of the statutes is created to read:

SB40,1539,24 440.03 (9) (c) The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1).

SB40, s. 3453 Section 3453. 440.03 (9) (d) of the statutes is created to read:

SB40,1540,11 440.03 (9) (d) Not later than 14 days after completing proposed fee adjustments under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet Web site and in credential renewal notices sent to affected credential holders under s. 440.08 (1).

SB40, s. 3454 Section 3454. 440.03 (11m) (am) of the statutes is amended to read:

SB40,1540,18 440.03 (11m) (am) If an applicant specified in par. (a) 1. or 2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40, s. 3455 Section 3455. 440.03 (11m) (c) of the statutes is amended to read:

SB40,1540,25 440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of workforce development children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

SB40, s. 3456 Section 3456. 440.03 (12m) of the statutes is amended to read:

SB40,1541,7 440.03 (12m) The department of regulation and licensing shall cooperate with the departments of justice, children and families, and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

SB40, s. 3457 Section 3457. 440.03 (13) (c) of the statutes is amended to read:

SB40,1541,17 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints using a fingerprint procedure specified by the department. The department of justice may submit the fingerprint cards applicant's fingerprints to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB40, s. 3458 Section 3458. 440.03 (14) (a) 1. c. of the statutes is amended to read:

SB40,1541,22 440.03 (14) (a) 1. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 1. a.

SB40, s. 3459 Section 3459. 440.03 (14) (a) 2. c. of the statutes is amended to read:

SB40,1542,2 440.03 (14) (a) 2. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 2. a.

SB40, s. 3460 Section 3460. 440.03 (14) (a) 3. c. of the statutes is amended to read:

SB40,1542,7 440.03 (14) (a) 3. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 3. a.

SB40, s. 3461 Section 3461. 440.03 (14) (am) of the statutes is amended to read:

SB40,1542,19 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB40, s. 3462 Section 3462. 440.03 (14) (c) of the statutes is amended to read:

SB40,1543,2 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB40, s. 3463 Section 3463. 440.05 (1) (a) of the statutes is amended to read:

SB40,1543,7 440.05 (1) (a) Initial credential: $53 An amount determined by the department under s. 440.03 (9) (a). Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.

SB40, s. 3464 Section 3464. 440.05 (2) of the statutes is amended to read:

SB40,1543,14 440.05 (2) Reciprocal credential, including any credential described in s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and, if an examination is required, an examination fee under sub. (1).

SB40, s. 3465 Section 3465. 440.08 (2) (a) of the statutes is amended to read:

SB40,1543,18 440.08 (2) (a) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), the renewal dates and renewal fees for credentials are as follows:

SB40,1543,19 1. Accountant, certified public: December 15 of each odd-numbered year; $59.

SB40,1543,21 3. Accounting corporation or partnership: December 15 of each odd-numbered year; $56.

SB40,1543,22 4. Acupuncturist: July 1 of each odd-numbered year; $70.

SB40,1543,24 4m. Advanced practice nurse prescriber: October 1 of each even-numbered year; $73.

SB40,1543,25 5. Aesthetician: April 1 of each odd-numbered year; $87.

SB40,1544,1 6. Aesthetics establishment: April 1 of each odd-numbered year; $70.

SB40,1544,2 7. Aesthetics instructor: April 1 of each odd-numbered year; $70.

SB40,1544,3 8. Aesthetics school: April 1 of each odd-numbered year; $115.

SB40,1544,4 9. Aesthetics specialty school: April 1 of each odd-numbered year ; $53.

SB40,1544,6 9m. Substance abuse counselor, clinical supervisor, or prevention specialist: except as limited in s. 440.88 (4), March 1 of each odd-numbered year ; $70.

SB40,1544,8 11. Appraiser, real estate, certified general: December 15 of each odd-numbered year; $162.

SB40,1544,10 11m. Appraiser, real estate, certified residential: December 15 of each odd-numbered year; $167.

SB40,1544,12 12. Appraiser, real estate, licensed: December 15 of each odd-numbered year; $185.

SB40,1544,13 13. Architect: August 1 of each even-numbered year; $60.

SB40,1544,15 14. Architectural or engineering firm, partnership or corporation: February 1 of each even-numbered year; $70.

SB40,1544,16 14d. Athlete agent: July 1 of each even-numbered year; $53.

SB40,1544,17 14f. Athletic trainer: July 1 of each even-numbered year; $53.

SB40,1544,18 14g. Auction company: December 15 of each even-numbered year; $56.

SB40,1544,19 14r. Auctioneer: December 15 of each even-numbered year; $174.

SB40,1544,20 15. Audiologist: February 1 of each odd-numbered year; $106.

SB40,1544,22 16. Barbering or cosmetology establishment: April 1 of each odd-numbered year; $56.

SB40,1544,24 17. Barbering or cosmetology instructor: April 1 of each odd-numbered year; $91.

SB40,1545,2 18. Barbering or cosmetology manager: April 1 of each odd-numbered year; $71.

SB40,1545,3 19. Barbering or cosmetology school: April 1 of each odd-numbered year; $138.

SB40,1545,4 20. Barber or cosmetologist: April 1 of each odd-numbered year; $63.

SB40,1545,6 21. Cemetery authority, licensed: December 15 of each even-numbered year; $343, plus an amount to be determined by rule by the cemetery board.

SB40,1545,7 22. Cemetery preneed seller: December 15 of each even-numbered year ; $61.

SB40,1545,8 23. Cemetery salesperson: December 15 of each even-numbered year ; $90.

SB40,1545,9 23m. Charitable organization: August 1 of each year; $15.

SB40,1545,10 24. Chiropractor: December 15 of each even-numbered year; $168.

SB40,1545,11 24m. Crematory authority: January 1 of each even-numbered year; $53.

SB40,1545,12 25. Dental hygienist: October 1 of each odd-numbered year; $57.

SB40,1545,13 26. Dentist: October 1 of each odd-numbered year; $131.

SB40,1545,14 26m. Dentist, faculty member: October 1 of each odd-numbered year ; $131.

SB40,1545,16 27. Designer of engineering systems: February 1 of each even-numbered year; $58.

SB40,1545,17 27m. Dietitian: November 1 of each even-numbered year; $56.

SB40,1545,18 28. Drug distributor: June 1 of each even-numbered year; $70.

SB40,1545,19 29. Drug manufacturer: June 1 of each even-numbered year; $70.

SB40,1545,20 30. Electrologist: April 1 of each odd-numbered year; $76.

SB40,1545,21 31. Electrology establishment: April 1 of each odd-numbered year ; $56.

SB40,1545,22 32. Electrology instructor: April 1 of each odd-numbered year; $86.