AB40: Bill Text

AB40,2213 Section 2213. 440.455 of the statutes is renumbered 202.155, and 202.155 (1) (intro.) and (b), (2) and (3) (intro.), as renumbered, are amended to read:

AB40,963,4 202.155 (1) (intro.) Except as provided in sub. (4), if a professional fund-raiser or unpaid solicitor solicits a contribution for a charitable organization that is required to be registered under s. 440.42 202.12 (1), the professional fund-raiser or unpaid solicitor shall, at the time of the solicitation or with a written confirmation of a solicitation, prior to accepting a contribution, make the following disclosures to the person from whom the contribution is solicited:

AB40,963,7 (b) That a financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided to the person upon request.

AB40,963,12 (2) The financial statement under sub. (1) (b) shall, at a minimum, divide expenses into categories of management and general, program services and fund-raising. If the charitable organization is required to file an annual financial report under s. 440.42 202.12 (3) (a), the financial statement under sub. (1) (b) shall be consistent with that annual financial report.

AB40,963,16 (3) (intro.) In addition to the requirements under subs. (1) and (2), except as provided in sub. (4), if a professional fund-raiser solicits on behalf of a charitable organization that is required to be registered under s. 440.42 202.12 (1), all of the following apply:

AB40,2214 Section 2214. 440.46 of the statutes is renumbered 202.16, and 202.16 (1) (intro.), (b), (c), (e) and (g), as renumbered, are amended to read:

AB40,963,20 202.16 (1) (intro.) No person may, in the planning, management, or execution of a solicitation or charitable sales promotion, do any of the following:

AB40,963,24 (b) Imply that a contribution is for or on behalf of a charitable organization or use any emblem, device, or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization.

AB40,964,3 (c) Use a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use of the name, symbol , or statement would tend to confuse or mislead a person being solicited.

AB40,964,7 (e) Lead anyone in any manner to believe that another person sponsors, endorses, or approves a solicitation or charitable sales promotion if the other person has not sponsored, endorsed, or approved the solicitation or charitable sales promotion in writing.

AB40,964,10 (g) Represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue raised greater than that established under s. 440.44 202.14 (4).

AB40,2215 Section 2215. 440.47 of the statutes is renumbered 202.17, and 202.17 (1), (2), (3) and (5), as renumbered, are amended to read:

AB40,964,18 202.17 (1) Public records. Except as provided in ss. 440.43 202.13 (5) and 440.44 202.14 (10), registration statements, applications, reports, contracts, and agreements of charitable organizations, fund-raising counsel, professional fund-raisers, and unpaid solicitors and all other documents and information retained by or filed with the department under this subchapter are available for inspection or copying under s. 19.35 (1).

AB40,965,2 (2) Fiscal records; inspection; retention. All charitable organizations, fund-raising counsels, professional fund-raisers, and unpaid solicitors shall keep true records concerning activities regulated by this subchapter in a form that will enable them accurately to provide the information required by this subchapter. Upon demand, those records shall be made available to the department for inspection and copying. The records shall be retained by the charitable organization, fund-raising counsel, professional fund-raiser, or unpaid solicitor for at least 3 years after the end of the fiscal year to which they relate.

AB40,965,6 (3) Exchange of information. The department may exchange with the appropriate authority of any other state or of the United States information with respect to charitable organizations, fund-raising counsel, professional fund-raisers, unpaid solicitors, and commercial coventurers.

AB40,965,23 (5) Substitute service upon department of financial institutions. 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 department of financial institutions 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 department of financial institutions shall be made by personally delivering to and leaving with the department of financial institutions a copy of the process or notice. That service shall be sufficient service if the department of financial institutions 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 department of financial institutions.

AB40,2216 Section 2216. 440.475 of the statutes is repealed.

AB40,2217 Section 2217. 440.48 of the statutes is renumbered 202.18, and 202.18 (1) (b), (c) 1. and 2. (intro.) and a., (d) and (e), as renumbered, are amended to read:

AB40,966,8 202.18 (1) (b) Upon finding that a person has violated this subchapter or the applicable rules promulgated under s. 202.095 or this subchapter, the court may make any necessary order or judgment, including but not limited to injunctions, restitution, and, notwithstanding s. 814.04, award of reasonable attorney fees and costs of investigation and litigation, and, except as provided in par. (c), may impose a forfeiture of not less than $100 nor more than $10,000 for each violation.

AB40,966,11 (c) 1. A person who violates s. 440.47 202.17 (4) (b) may be required to forfeit not more than $5,000, unless the person establishes reasonable cause for the violation.

AB40,966,14 2. (intro.) A person who, with intent to avoid, prevent, or interfere with a civil investigation under this subsection, does any of the following may be required to forfeit not more than $5,000:

AB40,966,18 a. Alters or by any other means falsifies, removes from any place, conceals, withholds, destroys, or mutilates any documentary material in the possession, custody, or control of a person subject to notice of the taking of testimony or examination of documents under s. 440.47 202.17 (4).

AB40,967,2 (d) A charitable organization, fund-raising counsel, professional fund-raiser, commercial coventurer, or any other person who violates the terms of an injunction or other order entered under this subsection may be required to forfeit, in addition to all other remedies, not less than $1,000 nor more than $10,000 for each violation. The department of justice may recover the forfeiture in a civil action. Each separate violation of an order entered under this subsection is a separate offense, except that each day of a violation through continuing failure to obey an order is a separate offense.

AB40,967,7 (e) No charitable organization may indemnify an officer, employee , or director for any costs, fees, restitution, or forfeitures assessed against that individual by the court under par. (b), (c), or (d) unless the court determines that the individual acted in good faith and reasonably believed the conduct was in or not opposed to the best interests of the charitable organization.

AB40,2218 Section 2218. Subchapter VI (title) of chapter 440 [precedes 440.55] of the statutes is created to read:

AB40,967,10 CHAPTER 440

AB40,967,11 SUBCHAPTER VI

AB40,967,12 EDUCATIONAL APPROVAL BOARD

AB40,2219 Section 2219. Subchapter VI (title) of chapter 440 [precedes 440.60] of the statutes is renumbered subchapter VII (title) of chapter 440 [precedes 440.60].

AB40,2220 Section 2220. Subchapter VII (title) of chapter 440 [precedes 440.70] of the statutes is renumbered subchapter VIII (title) of chapter 440 [precedes 440.70].

AB40,2221 Section 2221. Subchapter VIII (title) of chapter 440 [precedes 440.88] of the statutes is renumbered subchapter IX (title) of chapter 440 [precedes 440.88].

AB40,2222 Section 2222. Subchapter IX (title) of chapter 440 [precedes 440.90] of the statutes is renumbered subchapter X (title) of chapter 440 [precedes 449.90].

AB40,2223 Section 2223. Subchapter X (title) of chapter 440 [precedes 440.96] of the statutes is renumbered subchapter XI (title) of chapter 440 [precedes 440.96].

AB40,2224 Section 2224. Subchapter XI (title) of chapter 440 [precedes 440.97] of the statutes is renumbered subchapter XII (title) of chapter 440 [precedes 440.97].

AB40,2225 Section 2225. Subchapter XII (title) of chapter 440 [precedes 440.98] of the statutes is renumbered subchapter XIII (title) of chapter 440 [precedes 440.98].

AB40,2226 Section 2226. Subchapter XIII (title) of chapter 440 [precedes 440.9805] of the statutes is renumbered subchapter XIV (title) of chapter 440 [precedes 440.9805].

AB40,2227 Section 2227. Subchapter XIV (title) of chapter 440 [precedes 440.99] of the statutes is renumbered subchapter XV (title) of chapter 440 [precedes 440.99].

AB40,2228 Section 2228. 441.15 (2m) of the statutes is amended to read:

AB40,968,9 441.15 (2m) Subsection (2) does not apply to a person granted a license to practice midwifery under subch. XIII XIV of ch. 440.

AB40,2229 Section 2229. 448.03 (2) (a) of the statutes is amended to read:

AB40,968,17 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII XIV of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.

AB40,2230 Section 2230. 450.19 (5) of the statutes is repealed.

AB40,2231 Section 2231. 460.05 (1) (e) 1. of the statutes is amended to read:

AB40,968,24 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 440.55 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).

AB40,2232 Section 2232. Chapter 461 (title) of the statutes is renumbered subchapter III (title) of chapter 202 [precedes 202.21].

AB40,2233 Section 2233. 461.01 of the statutes is renumbered 202.21, and 202.21 (intro.), (1) and (6) of the statutes, as renumbered, are amended to read:

AB40,969,5 202.21 Definitions. (intro.) In this chapter subchapter:

AB40,969,7 (1) "Applicant" means a professional employer organization or a professional employer group that applies for registration under s. 461.02 202.22.

AB40,969,9 (6) "Registrant" means a professional employer organization or a professional employer group that is registered under s. 461.02 202.22.

AB40,2234 Section 2234. 461.02 (title) of the statutes is renumbered 202.22 (title).

AB40,2235 Section 2235. 461.02 (1) of the statutes is renumbered 202.22 (1), and 202.22 (1) (b), as renumbered, is amended to read:

AB40,969,22 202.22 (1) (b) No person may designate as the person's title, or append to the person's name the words or letters, "professional employer organization," "P.E.O.," "professional employer group," "P.E.G.," "staff leasing company," "registered staff leasing company," "employee leasing company," or "administrative employer," or other similar titles or letters, or use these those titles, words, or letters to describe the person's business or represent that the person or the person's business is registered or licensed as a "professional employer organization," "P.E.O.," "professional employer group," "P.E.G.," "staff leasing company," "registered staff leasing company," "employee leasing company," or "administrative employer," unless the person is registered by the department under this chapter section.

AB40,2236 Section 2236. 461.02 (2) of the statutes is renumbered 202.22 (2), and 202.22 (2) (intro.), (d) and (e), as renumbered, are amended to read:

AB40,970,5 202.22 (2) Application for registration. (intro.) Except as provided in sub. (7) (b), an applicant for registration under this section shall submit to the department an application for registration on in a form and manner prescribed by the department, together with the registration fee determined by the department under s. 440.03 (9) (a) 202.08 and all of the following:

AB40,970,8 (d) A statement of ownership, which shall include the name and business experience of every controlling person, as defined in s. 461.01 202.21 (3) (a), of the applicant.

AB40,970,11 (e) A statement of management, which shall include the name and business experience of every controlling person, as defined in s. 461.01 202.21 (3) (b), of the applicant.

AB40,2237 Section 2237. 461.02 (3) of the statutes is repealed.

AB40,2238 Section 2238. 461.02 (4) of the statutes is renumbered 202.22 (4), and 202.22 (4) (a), as renumbered, is amended to read:

AB40,970,23 202.22 (4) (a) Renewal applications A registrant shall be submitted submit a renewal application, together with the applicable renewal fee determined by the department under s. 440.03 (9) (a) 202.08, to the department on in a form provided and manner prescribed by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) by July 1 of each year. Except as provided in pars. (b) and (c) and sub. (7) (b), the a registrant shall submit with each renewal application shall be accompanied by a financial statement, as that term is used specified in sub. (2) (f) 1., updated to reflect the current financial condition of the registrant.

AB40,2239 Section 2239. 461.02 (5) (title) of the statutes is renumbered 202.22 (5) (title).

AB40,2240 Section 2240. 461.02 (5) (a) of the statutes is renumbered 202.22 (5) (a) and amended to read:

AB40,971,16 202.22 (5) (a) Except as provided in sub. (7) (b), a professional employer organization or professional employer group that is domiciled outside this state, that is registered or licensed as a professional employer organization or professional employer group in another state, that does not maintain an office in this state or directly solicit clients that are located or domiciled in this state, and that has no more than 50 employees performing services for clients in this state on any given day may apply for small operations registration under this section by filing with submitting to the department a an application for small operations registration in a form and manner prescribed by the department and paying the initial credential registration fee determined by the department under s. 440.03 (9) (a) 202.08. An applicant that is seeking small operations registration shall, in addition to the information required under sub. (2) (a) to (e), provide the department with information and documentation showing that the applicant meets the qualifications specified in this paragraph for small operations registration.

AB40,2241 Section 2241. 461.02 (5) (b) of the statutes is repealed.

AB40,2242 Section 2242. 461.02 (5) (c) of the statutes is repealed.

AB40,2243 Section 2243. 461.02 (5) (d) of the statutes is renumbered 202.22 (5) (d).

AB40,2244 Section 2244. 461.02 (5) (e) of the statutes is renumbered 202.22 (5) (e) and amended to read:

AB40,971,24 202.22 (5) (e) A professional employer organization or professional employer group registered under this subsection is not required to comply with the financial capability requirement under s. 461.03 202.23.

AB40,2245 Section 2245. 461.02 (6) of the statutes is renumbered 202.22 (6) and amended to read:

AB40,972,14 202.22 (6) Professional employer group registration. Except as provided in sub. (7) (b), 2 or more professional employer organizations that are part of a professional employer group may register under this section or renew a registration by providing the information required under sub. (2), (4), or (5) on a combined or consolidated basis, paying the initial credential registration or renewal fee determined by the department under s. 440.03 (9) (a) 202.08, and guaranteeing each other's obligations. If a professional employer group provides a combined or consolidated financial statement under sub. (2) (f) 1. that includes the financial condition of entities that are not part of the professional employer group, the controlling person controlling the professional employer group shall guarantee the obligations of the professional employer organizations in the professional employer group.

AB40,2246 Section 2246. 461.02 (7) of the statutes is renumbered 202.22 (7), and 202.22 (7) (a), (b) and (c), as renumbered, are amended to read:

AB40,972,23 202.22 (7) (a) The department shall by rule provide for registration of a professional employer organization or professional employer group on acceptance by the department of a registration form, financial statement, or any other information or documentation required under sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 in the form of an electronic record, as defined in s. 137.11 (7) and, if a signature is required, on acceptance of an electronic signature, as defined in s. 137.11 (8).

AB40,973,7 (b) The department may by rule provide for registration of a professional employer organization or professional employer group without compliance with sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 on acceptance by the department of assurance, provided by a bonded, independent, and qualified assurance organization that has been approved by the department, that provides assurance satisfactory to the department that the professional employer organization or professional employer group is qualified to operate as a professional employer organization or a professional employer group in this state.

AB40,973,15 (c) This subsection does not limit the authority of the department to require a professional employer organization or professional employer group to register as provided in sub. (2), (4), (5), or (6), to maintain proof of financial capability as required under s. 461.03 202.23, or to comply with this chapter and the rules promulgated under s. 461.06 202.095 or 202.26; to investigate an applicant or registrant and deny registration or renewal registration under sub. (8), or to investigate an applicant, registrant. or controlling person and take disciplinary action under s. 461.05 202.06.

AB40,2247 Section 2247. 461.02 (8) of the statutes is renumbered 202.22 (8) and amended to read:

AB40,974,3 202.22 (8) Issuance of registration. The department shall investigate each applicant or registrant who submits to the department an application for registration or registration renewal under this section, together with the applicable registration or registration renewal fee, to determine whether the applicant or registrant is qualified for registration or for renewal registration. Except as provided in s. 440.12 and 440.13 ss. 202.03 and 202.035, the department shall issue a registration or renewal registration if, after completing the investigation, the department determines that the applicant or registrant meets the applicable requirements under this chapter and rules promulgated under s. 461.06 202.095 or 202.26 for issuance or renewal of a registration and is satisfied that the applicant or registrant will comply with this chapter and those rules.

AB40,2248 Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).

AB40,2249 Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to read:

AB40,974,9 202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e) or (7) (b), a professional employer organization or professional employer group shall maintain one of the following:

AB40,974,23 (1) Working capital requirement. Working capital, as defined by generally accepted accounting principals, of not less than $100,000, as shown in the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6). If a professional employer organization or professional employer group has less than $100,000 in working capital, the department may issue a registration or renewal registration contingent on the registrant meeting the working capital requirement of this subsection no later than 180 days after the issuance of the registration or renewal registration. During the period of contingent registration, the registrant shall submit quarterly financial statements to the department accompanied by an attestation by the chief executive officer of the registrant that all wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, and other amounts that are payable to or with respect to an employee of the registrant performing services for a client were paid by the registrant when due.

AB40,975,19 (2) Alternative commitment. A bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 or, if the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6) indicates a deficit in working capital, a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 plus an amount that is sufficient to cover that deficit. The commitment described in this subsection shall be in a form approved by the department, shall be held in a depository designated by the department, and shall secure the payment by the professional employer organization or professional employer group of any wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, or other amounts that are payable to or with respect to an employee performing services for a client if the professional employer organization or professional employer group does not make those payments when due. The commitment shall be established in favor of or be made payable to the department, for the benefit of the state and any employee to whom or with respect to whom the professional employer organization or professional employer group does not make a payment described in this subsection when due. The professional employer organization or professional employer group shall file with the department any agreement, instrument, or other document that is necessary to enforce the commitment against the professional employer organization or professional employer group, or against any relevant 3rd party, or both.

AB40,2250 Section 2250. 461.04 of the statutes is renumbered 202.24, and 202.24 (3), as renumbered, is amended to read:

AB40,976,2 202.24 (3) Licensing. Nothing in this chapter subchapter or in any contract for the provision of the nontemporary, ongoing workforce of a client may be construed to affect or impair any federal, state, or local licensing, registration, or certification requirement that is applicable to a client or to an employee performing services for a client.

AB40,2251 Section 2251. 461.05 of the statutes is repealed.

AB40,2252 Section 2252. 461.06 of the statutes is renumbered 202.26, and 202.26 (intro.), (1) and (3), as renumbered, are amended to read:

AB40,976,8 202.26 Rules. (intro.) The rules the department shall promulgate rules to promulgates under s. 202.095 that implement this chapter. Those rules subchapter shall include rules providing for all of the following:

AB40,976,10 (1) Alternative registration of professional employer organizations under s. 461.02 202.22 (7) (a) and (b).

AB40,976,12 (3) Minimum requirements for issuance or renewal of a registration under s. 461.02 202.22 (8).

AB40,2253 Section 2253. 461.10 of the statutes is renumbered 202.29 and amended to read:

AB40,976,16 202.29 Short title. This chapter subchapter shall be known as the "Wisconsin Professional Employer Organizations Act."