AB40: Bill Text

AB40,880,2 181.0203 (3) Notification of reporting requirements. Upon filing articles of incorporation of a corporation, the department shall inform the corporation of the reporting requirements under s. 440.42 202.12 for charitable organizations that solicit contributions.

AB40,1975 Section 1975. 181.1421 (2) (b) of the statutes is amended to read:

AB40,880,8 181.1421 (2) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1976 Section 1976. 181.1421 (3) (d) of the statutes is amended to read:

AB40,880,12 181.1421 (3) (d) If the notice is published as a class 1 notice, under ch. 985, the effective date set under ch. 985 for the notice posted on the department's Internet site, the date of posting.

AB40,1977 Section 1977. 181.1531 (2g) (b) of the statutes is amended to read:

AB40,880,18 181.1531 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1978 Section 1978. 181.1622 (1) (intro.) of the statutes is amended to read:

AB40,881,2 181.1622 (1) Content. (intro.) Each domestic corporation and each foreign corporation authorized to transact business in this state shall file with the department an annual report under this section. The department shall forward by 1st class mail a report form to every corporation that has filed an annual report during the past 2 years. The department shall mail the report form no later than 60 days before the date on which the corporation is required by this chapter to file an annual report. The annual report shall include that includes all of the following information:

AB40,1979 Section 1979. 182.028 of the statutes is amended to read:

AB40,881,16 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 440.55 (10) without complying with the requirements of s. 38.50 440.55. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB40,1980 Section 1980. 183.09025 (2) (b) of the statutes is amended to read:

AB40,881,22 183.09025 (2) (b) Within 60 days after the date on which the notice is received or the date on which the class 1 notice under par. (d) is published posted, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.

AB40,1981 Section 1981. 183.09025 (2) (d) of the statutes is amended to read:

AB40,882,4 183.09025 (2) (d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1982 Section 1982. 183.1021 (2g) (b) of the statutes is amended to read:

AB40,882,10 183.1021 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the foreign limited liability company's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1983 Section 1983. 194.03 (title) of the statutes is amended to read:

AB40,882,13 194.03 (title) Interstate and foreign commerce and intrastate commerce.

AB40,1984 Section 1984. 194.03 (1) of the statutes is amended to read:

AB40,882,18 194.03 (1) This chapter shall apply to motor carriers engaged in interstate and foreign commerce upon the public highways of this state, in all particulars and provisions lawful under the constitution of the United States and to motor carriers engaged in intrastate commerce upon the public highways of this state.

AB40,1985 Section 1985. 194.03 (2) of the statutes is amended to read:

AB40,882,23 194.03 (2) Fees and taxes provided in this chapter shall be assessed against operations in interstate and foreign commerce and intrastate commerce and collected from the carriers performing such operations, as partial compensation for the use of the highways and policing of the same.

AB40,1986 Section 1986. 194.03 (6) of the statutes is renumbered 194.01 (6m) and amended to read:

AB40,883,2 194.01 (6m) Whenever the term "interstate "Interstate commerce" is used in this chapter it shall be interpreted as including includes foreign commerce.

AB40,1987 Section 1987. 194.20 (title) of the statutes is amended to read:

AB40,883,5 194.20 (title) Certificates and licenses for carriers in interstate and foreign commerce and intrastate commerce.

AB40,1988 Section 1988. 194.20 (1) of the statutes is amended to read:

AB40,883,13 194.20 (1) Motor carriers operating in interstate and foreign commerce or intrastate commerce shall obtain certificates and licenses as provided in ss. 194.23 and 194.34. Certificates These certificates and licenses which involve operations in interstate and foreign commerce may be denied by the department if it finds that the record and experience of the applicant evinces a disposition to violate or evade the laws or regulations of the state applicable to the operations proposed by the applicant.

AB40,1989 Section 1989. 196.208 (5p) (a) 1. of the statutes is amended to read:

AB40,883,16 196.208 (5p) (a) 1. "Charitable organization" has the meaning given in s. 440.41 202.11 (1).

AB40,1990 Section 1990. Chapter 202 of the statutes is created to read:

AB40,883,18 chapter 202

AB40,883,22 regulation of professional employer organizations and the solicitation of funds for a charitable purpose

AB40,883,23 Subchapter i

AB40,883,24 general provisions

AB40,883,25 202.01 Definitions. In this subchapter:

AB40,884,1 (1) "Applicant" means any of the following:

AB40,884,2 (a) A person applying to the department for an initial registration.

AB40,884,3 (b) A person applying to the department for renewal of a registration.

AB40,884,4 (2) "Controlling person" has the meaning given in 202.21 (3).

AB40,884,5 (3) "Department" means the department of financial institutions.

AB40,884,7 (4) "Registrant" means a person who is registered under ss. 202.12 to 202.14 or 202.22.

AB40,884,9 (5) "Registration" means a registration the department issues under ss. 202.12 to 202.14 or 202.22.

AB40,884,13 202.02 General duties and powers. (1) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of a disciplinary or other proceeding under this chapter.

AB40,884,16 (2) The department shall establish the content and form of each type of registration. Upon the request of a registrant and payment of a $10 fee, the department may issue to a registrant a wall certificate.

AB40,884,17 (3) The department may require a registrant to do any of the following:

AB40,884,19 (a) Display the registrant's certificate of registration in a conspicuous place in the registrant's office or place of business.

AB40,884,21 (b) Post a notice in a conspicuous place in the registrant's office or place of business describing the procedures for filing a complaint against the registrant.

AB40,884,25 (4) (a) 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.

AB40,885,5 (b) 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 is invalid.

AB40,885,9 (c) The department may not disclose a social security number obtained under par. (a) to any person except the department of children and families to administer s. 49.22 and the department of revenue to request certifications under s. 73.0301 and administer state taxes.

AB40,885,13 (5) The department shall cooperate with the departments of justice, health services, and children and families to develop and maintain a computer linkup to provide access to information regarding the current status of a registration, including whether the registration has been restricted in any way.

AB40,885,20 (6) (a) The department may conduct an investigation to determine whether an applicant satisfies any of the eligibility requirements specified for the registration, including whether the applicant does not have 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).

AB40,885,23 (b) A registrant 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.

AB40,885,25 (c) The department may investigate whether an applicant or registrant has been charged with or convicted of a crime.

AB40,886,3 (d) 1. Except as provided in subd. 2., the department may not require that an applicant or registrant be fingerprinted or submit fingerprints in connection with a registration.

AB40,886,9 2. The department may require a person for whom the department conducts an investigation under par. (c) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards to the federal bureau of investigation to verify the identity of the persons fingerprinted and obtain records of their criminal arrests and convictions.

AB40,886,11 (e) The department shall charge an applicant the fees, costs, or other expenses the department incurs for conducting an investigation under this subsection.

AB40,886,14 (7) 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.

AB40,886,18 202.025 Registration renewal; denial of registration or registration renewal. (1) Notice of renewal. (a) The department shall give a notice of renewal to each registrant at least 30 days before the renewal date of the registration. The department may give that notice by electronic transmission.

AB40,886,23 (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).

AB40,887,2 (2) Late Renewal. If the department does not receive an application to renew a registration before the applicable renewal date, the registrant may restore the registration by paying, within 60 days after the renewal date, the renewal fee and late fee determined by the department under s. 202.08.

AB40,887,9 (3) Denial of registration or registration renewal. (a) 1. Notwithstanding ss. 202.12 to 202.14 and 202.23, if the department determines that an applicant for registration or registration renewal has failed to comply with any applicable requirement for renewal, or that the denial of an 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.

AB40,887,15 2. If the department denies an application for registration or registration renewal under subd. 1., 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.

AB40,887,17 (b) This subsection does not apply to a denial of a registration or registration renewal under s. 202.03 or 202.035 (2) (b).

AB40,887,22 202.03 Registration denial, nonrenewal, or revocation based on tax delinquency. 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 department of revenue certifies under s. 73.0301 that the applicant or registrant is liable for delinquent taxes, as defined in s. 73.0301 (1) (c).

AB40,887,25 202.035 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section, "support" has the meaning given in s. 49.857 (1) (g).

AB40,888,3 (2) Notwithstanding ss. 202.12 to 202.14 and 202.22, the department shall do all of the following, subject to the memorandum of understanding between the department and the department of children and families under s. 49.857:

AB40,888,9 (a) Restrict, limit, 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 fails to comply, after appropriate notice, with a subpoena or warrant related to 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).

AB40,888,14 (b) Deny an application for registration renewal if the registrant or a controlling person of the registrant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant related to 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).

AB40,888,18 202.04 Voluntary surrender of registration. A registrant may voluntarily surrender his or her 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.

AB40,888,20 202.05 Nondisclosure of certain personal information. (1) In this section:

AB40,888,22 (a) "List" means information compiled or maintained by the department that contains the personal identifiers of at least 10 individuals.

AB40,888,24 (b) "Personal identifier" means a social security number, telephone number, street name and number, electronic mail address, or post-office box number.

AB40,889,5 (2) If a form that the department requires an individual to complete in connection with a registration or registration renewal under this chapter requires the individual to provide a personal identifier of the individual, the form shall include a place for the individual to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,11 (3) If the department requires an individual to provide in person or by telephone or other electronic means a personal identifier of the individual in connection with a registration or registration renewal under this chapter, the department shall provide the individual an opportunity to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,15 (4) Upon request, the department shall provide to a registrant who is an individual a form that includes a place for the individual to declare that the individual's personal identifier may not be disclosed on any list that the department furnishes to another person.

AB40,889,18 (5) (a) Except as provided in par. (b), the department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4).

AB40,889,24 (b) Paragraph (a) does not apply to a list that the department furnishes to another state agency, a law enforcement agency, or a federal governmental agency. A state agency that receives a list from the department containing a personal identifier of an individual who has made a declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency, or a federal governmental agency.

AB40,890,4 202.055 Change of name or address. (1) 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 within 30 days after the change in writing or in accordance with other notification procedures approved by the department.

AB40,890,7 (2) The department may serve any process, notice, or demand on a registrant by mailing it to the last-known address of the registrant as indicated in the department's records, or by other means established by the department by rule.

AB40,890,9 (3) Any person who fails to comply with sub. (1) shall be subject to a forfeiture of $50.

AB40,890,13 202.06 Disciplinary proceedings; enforcement of laws requiring registration. (1) Investigations. The department may conduct investigations and hold hearings to determine whether any person has violated this chapter or any rule promulgated under this chapter.

AB40,890,17 (2) Disciplinary action. 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 an applicant, registrant, or controlling person has done any of the following:

AB40,890,20 (a) 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.

AB40,890,21 (b) Violated this chapter or a rule promulgated under this chapter.

AB40,891,2 (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), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.

AB40,891,8 (5) Injunction. If it appears upon complaint to the department or the department otherwise knows that any person has violated this chapter, the department or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against that person to enjoin the person from committing further violations of this chapter.