AB40,2230 18Section 2230. 450.19 (5) of the statutes is repealed.
AB40,2231 19Section 2231. 460.05 (1) (e) 1. of the statutes is amended to read:
AB40,968,2420 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork
21therapy approved by the educational approval board under s. 38.50 440.55 that
22meets the requirements under s. 460.095 or completed a training program approved
23by the affiliated credentialing board under the rules promulgated under s. 460.04 (2)
24(b).
AB40,2232
1Section 2232. Chapter 461 (title) of the statutes is renumbered subchapter III
2(title) of chapter 202 [precedes 202.21].
AB40,2233 3Section 2233. 461.01 of the statutes is renumbered 202.21, and 202.21 (intro.),
4(1) and (6) of the statutes, as renumbered, are amended to read:
AB40,969,5 5202.21 Definitions. (intro.) In this chapter subchapter:
AB40,969,7 6(1) "Applicant" means a professional employer organization or a professional
7employer group that applies for registration under s. 461.02 202.22.
AB40,969,9 8(6) "Registrant" means a professional employer organization or a professional
9employer group that is registered under s. 461.02 202.22.
AB40,2234 10Section 2234. 461.02 (title) of the statutes is renumbered 202.22 (title).
AB40,2235 11Section 2235. 461.02 (1) of the statutes is renumbered 202.22 (1), and 202.22
12(1) (b), as renumbered, is amended to read:
AB40,969,2213 202.22 (1) (b) No person may designate as the person's title, or append to the
14person's name the words or letters, "professional employer organization," "P.E.O.,"
15"professional employer group," "P.E.G.," "staff leasing company," "registered staff
16leasing company," "employee leasing company," or "administrative employer," or
17other similar titles or letters, or use these those titles, words, or letters to describe
18the person's business or represent that the person or the person's business is
19registered or licensed as a "professional employer organization," "P.E.O.,"
20"professional employer group," "P.E.G.," "staff leasing company," "registered staff
21leasing company," "employee leasing company," or "administrative employer," unless
22the person is registered by the department under this chapter section.
AB40,2236 23Section 2236. 461.02 (2) of the statutes is renumbered 202.22 (2), and 202.22
24(2) (intro.), (d) and (e), as renumbered, are amended to read:
AB40,970,5
1202.22 (2) Application for registration. (intro.) Except as provided in sub.
2(7) (b), an applicant for registration under this section shall submit to the
3department an application for registration on in a form and manner prescribed by
4the department, together with the registration fee determined by the department
5under s. 440.03 (9) (a) 202.08 and all of the following:
AB40,970,86 (d) A statement of ownership, which shall include the name and business
7experience of every controlling person, as defined in s. 461.01 202.21 (3) (a), of the
8applicant.
AB40,970,119 (e) A statement of management, which shall include the name and business
10experience of every controlling person, as defined in s. 461.01 202.21 (3) (b), of the
11applicant.
AB40,2237 12Section 2237. 461.02 (3) of the statutes is repealed.
AB40,2238 13Section 2238. 461.02 (4) of the statutes is renumbered 202.22 (4), and 202.22
14(4) (a), as renumbered, is amended to read:
AB40,970,2315 202.22 (4) (a) Renewal applications A registrant shall be submitted submit a
16renewal application
, together with the applicable renewal fee determined by the
17department under s. 440.03 (9) (a) 202.08, to the department on in a form provided
18and manner prescribed by the department on or before the applicable renewal date
19specified under s. 440.08 (2) (a)
by July 1 of each year. Except as provided in pars.
20(b) and (c) and sub. (7) (b), the a registrant shall submit with each renewal
21application shall be accompanied by a financial statement, as that term is used
22specified in sub. (2) (f) 1., updated to reflect the current financial condition of the
23registrant.
AB40,2239 24Section 2239. 461.02 (5) (title) of the statutes is renumbered 202.22 (5) (title).
AB40,2240
1Section 2240. 461.02 (5) (a) of the statutes is renumbered 202.22 (5) (a) and
2amended to read:
AB40,971,163 202.22 (5) (a) Except as provided in sub. (7) (b), a professional employer
4organization or professional employer group that is domiciled outside this state, that
5is registered or licensed as a professional employer organization or professional
6employer group in another state, that does not maintain an office in this state or
7directly solicit clients that are located or domiciled in this state, and that has no more
8than 50 employees performing services for clients in this state on any given day may
9apply for small operations registration under this section by filing with submitting
10to
the department a an application for small operations registration in a form and
11manner
prescribed by the department and paying the initial credential registration
12fee determined by the department under s. 440.03 (9) (a) 202.08. An applicant that
13is seeking small operations registration shall, in addition to the information required
14under sub. (2) (a) to (e), provide the department with information and documentation
15showing that the applicant meets the qualifications specified in this paragraph for
16small operations registration.
AB40,2241 17Section 2241. 461.02 (5) (b) of the statutes is repealed.
AB40,2242 18Section 2242. 461.02 (5) (c) of the statutes is repealed.
AB40,2243 19Section 2243. 461.02 (5) (d) of the statutes is renumbered 202.22 (5) (d).
AB40,2244 20Section 2244. 461.02 (5) (e) of the statutes is renumbered 202.22 (5) (e) and
21amended to read:
AB40,971,2422 202.22 (5) (e) A professional employer organization or professional employer
23group registered under this subsection is not required to comply with the financial
24capability requirement under s. 461.03 202.23.
AB40,2245
1Section 2245. 461.02 (6) of the statutes is renumbered 202.22 (6) and amended
2to read:
AB40,972,143 202.22 (6) Professional employer group registration. Except as provided in
4sub. (7) (b), 2 or more professional employer organizations that are part of a
5professional employer group may register under this section or renew a registration
6by providing the information required under sub. (2), (4), or (5) on a combined or
7consolidated basis, paying the initial credential registration or renewal fee
8determined by the department under s. 440.03 (9) (a) 202.08, and guaranteeing each
9other's obligations. If a professional employer group provides a combined or
10consolidated financial statement under sub. (2) (f) 1. that includes the financial
11condition of entities that are not part of the professional employer group, the
12controlling person controlling the professional employer group shall guarantee the
13obligations of the professional employer organizations in the professional employer
14group.
AB40,2246 15Section 2246. 461.02 (7) of the statutes is renumbered 202.22 (7), and 202.22
16(7) (a), (b) and (c), as renumbered, are amended to read:
AB40,972,2317 202.22 (7) (a) The department shall by rule provide for registration of a
18professional employer organization or professional employer group on acceptance by
19the department of a registration form, financial statement, or any other information
20or documentation required under sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules
21promulgated under s. 461.06 202.095 or 202.26 in the form of an electronic record,
22as defined in s. 137.11 (7) and, if a signature is required, on acceptance of an
23electronic signature, as defined in s. 137.11 (8).
AB40,973,724 (b) The department may by rule provide for registration of a professional
25employer organization or professional employer group without compliance with sub.

1(2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095
2or 202.26
on acceptance by the department of assurance, provided by a bonded,
3independent, and qualified assurance organization that has been approved by the
4department, that provides assurance satisfactory to the department that the
5professional employer organization or professional employer group is qualified to
6operate as a professional employer organization or a professional employer group in
7this state.
AB40,973,158 (c) This subsection does not limit the authority of the department to require a
9professional employer organization or professional employer group to register as
10provided in sub. (2), (4), (5), or (6), to maintain proof of financial capability as
11required under s. 461.03 202.23, or to comply with this chapter and the rules
12promulgated under s. 461.06 202.095 or 202.26; to investigate an applicant or
13registrant and deny registration or renewal registration under sub. (8), or to
14investigate an applicant, registrant. or controlling person and take disciplinary
15action under s. 461.05 202.06.
AB40,2247 16Section 2247. 461.02 (8) of the statutes is renumbered 202.22 (8) and amended
17to read:
AB40,974,318 202.22 (8) Issuance of registration. The department shall investigate each
19applicant or registrant who submits to the department an application for
20registration or registration renewal under this section, together with the applicable
21registration or registration renewal fee, to determine whether the applicant or
22registrant is qualified for registration or for renewal registration. Except as provided
23in s. 440.12 and 440.13 ss. 202.03 and 202.035, the department shall issue a
24registration or renewal registration if, after completing the investigation, the
25department determines that the applicant or registrant meets the applicable

1requirements under this chapter and rules promulgated under s. 461.06 202.095 or
2202.26
for issuance or renewal of a registration and is satisfied that the applicant or
3registrant will comply with this chapter and those rules.
AB40,2248 4Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).
AB40,2249 5Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to
6read:
AB40,974,9 7202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e)
8or (7) (b), a professional employer organization or professional employer group shall
9maintain one of the following:
AB40,974,23 10(1) Working capital requirement. Working capital, as defined by generally
11accepted accounting principals, of not less than $100,000, as shown in the financial
12statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6).
13If a professional employer organization or professional employer group has less than
14$100,000 in working capital, the department may issue a registration or renewal
15registration contingent on the registrant meeting the working capital requirement
16of this subsection no later than 180 days after the issuance of the registration or
17renewal registration. During the period of contingent registration, the registrant
18shall submit quarterly financial statements to the department accompanied by an
19attestation by the chief executive officer of the registrant that all wages, salaries,
20employee benefits, worker's compensation insurance premiums, payroll taxes,
21unemployment insurance contributions, and other amounts that are payable to or
22with respect to an employee of the registrant performing services for a client were
23paid by the registrant when due.
AB40,975,19 24(2) Alternative commitment. A bond, certificate of deposit, escrow account, or
25irrevocable letter of credit in an amount that is not less than $100,000 or, if the

1financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1.,
2(4), or (6) indicates a deficit in working capital, a bond, certificate of deposit, escrow
3account, or irrevocable letter of credit in an amount that is not less than $100,000
4plus an amount that is sufficient to cover that deficit. The commitment described in
5this subsection shall be in a form approved by the department, shall be held in a
6depository designated by the department, and shall secure the payment by the
7professional employer organization or professional employer group of any wages,
8salaries, employee benefits, worker's compensation insurance premiums, payroll
9taxes, unemployment insurance contributions, or other amounts that are payable to
10or with respect to an employee performing services for a client if the professional
11employer organization or professional employer group does not make those
12payments when due. The commitment shall be established in favor of or be made
13payable to the department, for the benefit of the state and any employee to whom or
14with respect to whom the professional employer organization or professional
15employer group does not make a payment described in this subsection when due. The
16professional employer organization or professional employer group shall file with the
17department any agreement, instrument, or other document that is necessary to
18enforce the commitment against the professional employer organization or
19professional employer group, or against any relevant 3rd party, or both.
AB40,2250 20Section 2250. 461.04 of the statutes is renumbered 202.24, and 202.24 (3), as
21renumbered, is amended to read:
AB40,976,222 202.24 (3) Licensing. Nothing in this chapter subchapter or in any contract for
23the provision of the nontemporary, ongoing workforce of a client may be construed
24to affect or impair any federal, state, or local licensing, registration, or certification

1requirement that is applicable to a client or to an employee performing services for
2a client.
AB40,2251 3Section 2251. 461.05 of the statutes is repealed.
AB40,2252 4Section 2252. 461.06 of the statutes is renumbered 202.26, and 202.26 (intro.),
5(1) and (3), as renumbered, are amended to read:
AB40,976,8 6202.26 Rules. (intro.) The rules the department shall promulgate rules to
7promulgates under s. 202.095 that implement this chapter. Those rules subchapter
8shall include rules providing for all of the following:
AB40,976,10 9(1) Alternative registration of professional employer organizations under s.
10461.02
202.22 (7) (a) and (b).
AB40,976,12 11(3) Minimum requirements for issuance or renewal of a registration under s.
12 461.02 202.22 (8).
AB40,2253 13Section 2253. 461.10 of the statutes is renumbered 202.29 and amended to
14read:
AB40,976,16 15202.29 Short title. This chapter subchapter shall be known as the "Wisconsin
16Professional Employer Organizations Act."
AB40,2254 17Section 2254. 562.025 (1) (intro.) of the statutes is amended to read:
AB40,976,2418 562.025 (1) (intro.) No employee in the division of gaming who performs any
19duty related to racing or the executive assistant or the secretary or, deputy secretary,
20or assistant deputy secretary
of administration and no member of such a person's
21immediate family, as defined in s. 19.42 (7), may, while that person is employed or
22serves in such a capacity or for 2 years following the termination of his or her
23employment with the department after having served in such a capacity, do any of
24the following:
AB40,2255 25Section 2255. 563.05 (5) (intro.) of the statutes is amended to read:
AB40,977,7
1563.05 (5) (intro.) No employee in the division of gaming who performs any
2duty related to bingo or raffles or the executive assistant or the secretary or, deputy
3secretary, or assistant deputy secretary of administration and no member of such a
4person's immediate family, as defined in s. 19.42 (7), may, while that person is
5employed or serves in such a capacity or for 2 years following the termination of his
6or her employment with the department after having served in such a capacity, do
7any of the following:
AB40,2256 8Section 2256. Chapter 564 of the statutes is repealed.
AB40,2257 9Section 2257. 565.01 (4n) of the statutes is created to read:
AB40,977,1010 565.01 (4n) "Personal representative" has the meaning given in s. 851.23.
AB40,2258 11Section 2258. 565.05 (1) (intro.) of the statutes is amended to read:
AB40,977,1412 565.05 (1) (intro.) No employee in the lottery division of the department or the
13executive assistant or
the secretary or, deputy secretary, or assistant deputy
14secretary
of revenue may do any of the following:
AB40,2259 15Section 2259. 565.05 (1) (a) of the statutes is amended to read:
AB40,977,1916 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any
17vendor while serving as an employee in the lottery division of the department or as
18the executive assistant or
as secretary or, deputy secretary, or assistant deputy
19secretary
of revenue or for 2 years following the person's termination of service.
AB40,2260 20Section 2260. 565.17 (5) (a) of the statutes is amended to read:
AB40,977,2421 565.17 (5) (a) No employee in the lottery division of the department or the
22executive assistant or
the secretary or, deputy secretary, or assistant deputy
23secretary
of revenue and no member of such a person's immediate family, as defined
24in s. 19.42 (7), may purchase a lottery ticket or lottery share.
AB40,2261
1Section 2261. 565.30 (1) of the statutes is renumbered 565.30 (1) (a) and
2amended to read:
AB40,978,83 565.30 (1) (a) The administrator shall direct the payment of a prize, in the form
4elected under s. 565.28, if applicable, to the holder of the winning lottery ticket or
5lottery share or to a person designated under sub. (2), except that a prize may be paid
6to another person under a court order or, upon the death of a prize winner, any prize
7money that has not been paid shall be paid
to the prize winner's estate of a deceased
8prize winner
.
AB40,978,12 9(e) The department, administrator, state and any contractor for materials,
10equipment or services of the game in which the prize is won are discharged of all
11liability upon payment of the prize to the holder of a winning lottery ticket or lottery
12share.
AB40,2262 13Section 2262. 565.30 (1) (b) of the statutes is created to read:
AB40,978,2014 565.30 (1) (b) If prize money, other than prize money from a multijurisdictional
15lottery, is being paid in the form of an annuity to a person at the time of his or her
16death, and if the personal representative of the deceased person's estate petitions the
17administrator within 18 months after the effective date of this paragraph .... [LRB
18inserts date], or within 18 months after the date of death of the person, whichever
19is later, to have the remaining prize money paid in the form of a lump sum, the
20administrator shall direct that the payment be made as a lump sum.
AB40,2263 21Section 2263. 565.30 (1) (c) of the statutes is created to read:
AB40,979,322 565.30 (1) (c) If prize money, other than prize money from a multijurisdictional
23lottery, is being paid in the form of an annuity to a person, other than a prize winner,
24and if the person petitions the administrator within 18 months after the effective
25date of this paragraph .... [LRB inserts date], or within 18 months after the date of

1the receipt of the first annuity payment by the person, whichever is later, to have the
2remaining prize money paid in the form of a lump sum, the administrator shall direct
3that the payment be made in a lump sum.
AB40,2264 4Section 2264. 565.30 (1) (d) of the statutes is created to read:
AB40,979,65 565.30 (1) (d) The administrator shall establish a procedure for submitting
6petitions under pars. (b) and (c).
AB40,2265 7Section 2265. 601.415 (10) of the statutes is amended to read:
AB40,979,98 601.415 (10) Petroleum product storage remedial action program rules.
9The commissioner shall promulgate the rules required under s. 101.143 292.63 (1m).
AB40,2266 10Section 2266. 632.697 of the statutes is created to read:
AB40,979,18 11632.697 Benefits subject to department's right to recover. Death
12benefits payable under a life insurance policy or an annuity are subject to the right
13of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682,
14or 49.849 an amount equal to the medical assistance that is recoverable under s.
1549.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685 that is
16recoverable under s. 49.682 (2) (a), or an amount equal to long-term community
17support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that
18was paid on behalf of the deceased policyholder or annuitant.
AB40,2267 19Section 2267. 635.02 (7) (b) 3. of the statutes is amended to read:
AB40,979,2320 635.02 (7) (b) 3. A professional employer organization, as defined in s. 461.01
21202.21 (5), or a professional employer group, as defined in s. 461.01 202.21 (4), that
22provides health care benefits to more than 50 employees performing services for a
23client, as defined in s. 461.01 202.21 (2).
AB40,2268 24Section 2268. 700.24 of the statutes is amended to read:
AB40,980,7
1700.24 Death of a joint tenant; effect of liens. A real estate mortgage, a
2security interest under ch. 409, or a lien under s. 72.86 (2), 1985 stats., or s. 71.91 (5)
3(b), or ch. 49 or 779 or rules promulgated under s. 46.286 (7) on or against the interest
4of a joint tenant does not defeat the right of survivorship in the event of the death
5of such joint tenant, but the surviving joint tenant or tenants take the interest such
6deceased joint tenant could have transferred prior to death subject to such mortgage,
7security interest, or statutory lien.
AB40,2269 8Section 2269. 701.065 (1) (b) 1. of the statutes is amended to read:
AB40,980,159 701.065 (1) (b) 1. The claim is a claim based on tort, on a marital property
10agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on
11Wisconsin income, franchise, sales, withholding, gift, or death taxes, or on
12unemployment compensation contributions due or benefits overpaid; a claim for
13funeral or administrative expenses; a claim of this state under s. 46.27 (7g), 49.496
14or, 49.682, or rules promulgated under s. 46.286 (7) 49.849; or a claim of the United
15States.
AB40,2270 16Section 2270. 701.065 (5) of the statutes is created to read:
AB40,980,1817 701.065 (5) Claims of department of health services. (a) Definitions. In this
18subsection:
AB40,980,1919 1. "Department" means the department of health services.
AB40,980,2020 2. "Long-term care program" has the meaning given in s. 49.496 (1) (bk).
AB40,981,621 (b) Living trusts. 1. Notwithstanding sub. (1) (a), if a settlor of a living trust,
22or if the predeceased spouse of a settlor of a living trust, at any time received any
23services provided as a benefit under a long-term care program, medical assistance
24under subch. IV of ch. 49, long-term community support services funded under s.
2546.27 (7), or aid under s. 49.68, 49.683, or 49.685, the trustee shall provide written

1notice to the department by registered or certified mail, within 30 days after the
2death of the settlor and before any property held in the trust is distributed. The
3notice shall include demographic information about the settlor and the settlor's
4predeceased spouse, if any, information about how to file a claim, a copy of the trust
5document, and documentation supporting the value of the trust on the settlor's date
6of death.
AB40,981,177 2. After the death of a settlor who, or whose predeceased spouse, received
8services, medical assistance, long-term community support services, or aid
9described in subd. 1., the department may recover under s. 46.27 (7g), 49.496, 49.682,
10or 49.849, from property held in the living trust immediately before the settlor's
11death, an amount equal to the medical assistance that is recoverable under s. 49.496
12(3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685 that is recoverable
13under s. 49.682 (2) (a), or an amount equal to long-term community support services
14under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf
15of the settlor or the settlor's predeceased spouse. The deadline for the department
16to file a claim for recovery under this subdivision shall be the date that is 4 months
17after the date of the trustee's notice under subd. 1.
AB40,981,2518 3. Within 90 days after receipt of a claim for recovery from the department, a
19trustee under subd. 1. shall pay to the department any amount that the department
20may recover under subd. 2. If the trustee distributes property from the trust before
21the department makes a claim to the trustee for the recovery of any amount specified
22in subd. 2., the trustee shall provide the department with information about the
23distributed property and to whom it was distributed or transferred. The department
24is entitled to recover any amounts specified in subd. 2. from the persons to whom the
25property was distributed or transferred.
AB40,982,9
1(c) Special needs or pooled trusts. 1. Notwithstanding sub. (1) (a), within 30
2days after the death of a beneficiary under a trust described in 42 USC 1396p (d) (4)
3(A) or (C), the trustee shall provide written notice to the department by registered
4or certified mail. The notice shall include demographic information about the
5decedent, information about how to file a claim, a copy of the trust document, and
6documentation supporting the value of the decedent's property held in the trust on
7the decedent's date of death. Within 90 days after receipt of a claim from the
8department, the trustee shall repay the department for any medical assistance paid
9on behalf of the decedent, as required under the terms of the trust.
AB40,982,1510 2. If a trustee under subd. 1. fails to comply with the notice and repayment
11requirements under subd. 1., the trustee is personally liable to the department for
12any costs the department incurs in recovering medical assistance amounts paid on
13behalf of the decedent from property distributed from the trust before any repayment
14is made and for any recoverable amounts that the department is unable to recover
15from persons to whom the property was distributed.
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