AB163: Bill Text

AB163,119,25 440.905 (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of safety and professional services on matters relating to cemeteries, to this chapter, or to the board.

AB163,469 Section 469. 440.92 (2) (d) of the statutes is amended to read:

AB163,120,15 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of safety and professional services for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS."

AB163,470 Section 470. 440.945 (5) (b) of the statutes is amended to read:

AB163,121,2 440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of safety and professional services to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

AB163,471 Section 471. 441.01 (7) (a) 2. of the statutes is amended to read:

AB163,121,6 441.01 (7) (a) 2. Pay a nursing workforce survey fee of $4. All moneys received under this subdivision shall be deposited into the general fund and credited to the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

AB163,472 Section 472. 443.10 (6) of the statutes is amended to read:

AB163,121,11 443.10 (6) Roster. A roster showing the names and mailing addresses of all registered surveyors shall be prepared annually by the secretary and made available for purchase at cost, and a copy shall be placed on file with the department of financial institutions.

AB163,473 Section 473. 444.04 of the statutes is amended to read:

AB163,121,22 444.04 Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

AB163,474 Section 474. 444.14 of the statutes is amended to read:

AB163,122,6 444.14 Sham contests; contestants penalized; forfeitures; hearing. The department shall ban a contestant who participates in any sham or fake professional contest or amateur mixed martial arts fighting contest or violates any rule promulgated by the department, and may require the contestant, the contestant's manager, or the promoter of the contest to forfeit an amount determined by the department, but not more than $500. Fifty percent of all forfeitures collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (im).

AB163,475 Section 475. 450.03 (1) (e) of the statutes, as affected by 2015 Wisconsin Act 3, is amended to read:

AB163,122,15 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 453 89, or as otherwise provided by statute.

AB163,476 Section 476. 450.10 (3) (a) 8. of the statutes is amended to read:

AB163,122,17 450.10 (3) (a) 8. A veterinarian licensed under ch. 453 89.

AB163,477 Section 477. 450.11 (1m) of the statutes is amended to read:

AB163,122,22 450.11 (1m) Electronic transmission. Except as provided in s. 453.068 89.068 (1) (c) 4., a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.

AB163,478 Section 478. 450.125 of the statutes is amended to read:

AB163,123,3 450.125 Drugs for animal use. In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 453.068 89.068.

AB163,479 Section 479. 450.19 (1) (ar) of the statutes is amended to read:

AB163,123,6 450.19 (1) (ar) "Practitioner" has the meaning given in s. 450.01 (17) but does not include a veterinarian licensed under ch. 453 89.

AB163,480 Section 480. 452.13 (2) (b) 1. of the statutes is amended to read:

AB163,123,10 452.13 (2) (b) 1. Register with the department of safety and professional services the name and address of the depository institution and the number of the interest-bearing common trust account.

AB163,481 Section 481. 452.13 (2) (b) 2. of the statutes is amended to read:

AB163,123,13 452.13 (2) (b) 2. Notify the department of safety and professional services when any of the information required under subd. 1. is changed.

AB163,482 Section 482. 452.13 (2) (b) 3. of the statutes is amended to read:

AB163,123,19 452.13 (2) (b) 3. Furnish the department of safety and professional services with a letter authorizing the department of safety and professional services and the department of administration to examine and audit the interest-bearing common trust account whenever the department of safety and professional services or the department of administration considers it necessary.

AB163,483 Section 483. 452.13 (2) (bm) of the statutes is amended to read:

AB163,123,23 452.13 (2) (bm) The department of safety and professional services shall forward to the department of administration the information and documents furnished under par. (b).

AB163,484 Section 484. 452.13 (5) of the statutes is amended to read:

AB163,124,3 452.13 (5) Rules. In consultation with the department of safety and professional services, the department of administration shall promulgate rules necessary to administer this section.

AB163,485 Section 485. 452.14 (5) of the statutes is amended to read:

AB163,124,10 452.14 (5) The department may seek judicial review under ch. 227 of any final decision of the board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the board, the attorney general may represent the board. If the attorney general does not represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) 20.142 (3) (g).

AB163,486 Section 486. Chapter 453 (title) of the statutes is renumbered chapter 89 (title).

AB163,487 Section 487. 453.02 of the statutes is renumbered 89.02.

AB163,488 Section 488. 453.03 of the statutes is renumbered 89.03, and 89.03 (1), as renumbered, is amended to read:

AB163,124,22 89.03 (1) The examining board shall promulgate rules, within the limits of the definition under s. 453.02 89.02 (6), establishing the scope of practice permitted for veterinarians and veterinary technicians and shall review the rules at least once every 5 years to determine whether they are consistent with current practice. The examining board may promulgate rules relating to licensure qualifications, denial of a license, certificate certification, or temporary permit, unprofessional conduct, and disciplinary proceedings.

AB163,489 Section 489. 453.04 of the statutes is renumbered 89.04.

AB163,490 Section 490. 453.05 of the statutes is renumbered 89.05, and 89.05 (2) (g), as renumbered, is amended to read:

AB163,125,3 89.05 (2) (g) Employees of a school of veterinary medicine in this state who practice veterinary medicine on privately owned animals only as a part of their employment and who are licensed under s. 453.06 89.06 (2m).

AB163,491 Section 491. 453.06 of the statutes is renumbered 89.06, and 89.06 (1), as renumbered, is amended to read:

AB163,125,19 89.06 (1) Except as provided under s. 453.072 89.072, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee specified in established under s. 440.05 (1) 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination.

AB163,492 Section 492. 453.062 of the statutes is renumbered 89.062, and 89.062 (1), as renumbered, is amended to read:

AB163,125,25 89.062 (1) Renewal. The renewal dates date for veterinary licenses and veterinary technician certifications are specified under s. 440.08 (2) (a) is December 15 of each odd-numbered year, and the renewal fees for such licenses and certifications are determined by the department under s. 440.03 (9) (a) 89.063.

AB163,493 Section 493. 453.065 of the statutes is renumbered 89.065.

AB163,494 Section 494. 453.068 of the statutes is renumbered 89.068.

AB163,495 Section 495. 453.07 of the statutes is renumbered 89.07, and 89.07 (1) (b), (2) (intro.) and (3), as renumbered, are amended to read:

AB163,126,6 89.07 (1) (b) Violating this chapter or ch. 440 or any federal or state statute or rule which that substantially relates to the practice of veterinary medicine.

AB163,126,11 (2) (intro.) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03 (1), the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person's license, certificate certification, or permit if the person has:

AB163,126,16 (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certificate certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certificate certification, or permit a forfeiture of not more than $5,000 for each violation of s. 453.068 89.068.

AB163,496 Section 496. 453.072 of the statutes is renumbered 89.072 and amended to read:

AB163,127,4 89.072 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in established under s. 440.05 (2) 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.

AB163,127,9 (2) Upon application and payment of the fee specified in established under s. 440.05 (6) 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.

AB163,497 Section 497. 453.075 of the statutes is renumbered 89.075.

AB163,498 Section 498. 453.08 of the statutes is renumbered 89.08.

AB163,499 Section 499. 460.05 (1) (e) 1. of the statutes is amended to read:

AB163,127,16 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 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).

AB163,500 Section 500. 462.01 (3) of the statutes is repealed.

AB163,501 Section 501. Chapter 463 (title) of the statutes is created to read:

AB163,127,20 chapter 463 body art and tanning facilities

AB163,502 Section 502. 463.18 of the statutes is created to read:

AB163,128,2 463.18 Violation of law relating to body art. Any person who willfully violates or obstructs the execution of any state statute or rule, county, city, or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be fined not more than $500 or imprisoned for not more than 30 days or both.

AB163,503 Section 503. 551.102 (1m) of the statutes is amended to read:

AB163,128,7 551.102 (1m) "Administrator" means the administrator of the division of securities in the department secretary of financial institutions and professional standards or an employee of the department of financial institutions and professional standards designated by the secretary.

AB163,504 Section 504. 551.102 (4t) of the statutes is created to read:

AB163,128,10 551.102 (4t) "Department" means the department of financial institutions and professional standards.

AB163,505 Section 505. 551.102 (5m) of the statutes is repealed.

AB163,506 Section 506. 551.202 (26) (f) (intro.) of the statutes is amended to read:

AB163,128,18 551.202 (26) (f) (intro.) Not less than 10 days prior to the commencement of an offering of securities in reliance on the exemption under this subsection, the issuer files a notice with the administrator, in writing or in electronic form as prescribed by the administrator, which the administrator shall make available as an electronic document on the department of financial institutions department's Internet site, containing all of the following:

AB163,507 Section 507. 551.202 (27) (h) (intro.) of the statutes is amended to read:

AB163,129,2 551.202 (27) (h) (intro.) Before the 101st offer of the security, the issuer provides a notice to the administrator in writing or in electronic form, accompanied by the filing fee specified in s. 551.614 (1m). The administrator shall prescribe the form required for the notice and make the form available as an electronic document on the department of financial institutions department's Internet site. Notwithstanding s. 551.204 (1) and (3), the notice shall be limited to all of the following:

AB163,508 Section 508. 551.205 (1) (b) 1. (intro.) of the statutes is amended to read:

AB163,129,8 551.205 (1) (b) 1. (intro.) The Internet site operator shall register with the division department by filing a statement, which the administrator shall make available as an electronic document on the department of financial institutions department's Internet site, accompanied by the filing fee specified in s. 551.614 (1m), that includes all of the following:

AB163,509 Section 509. 551.205 (3) of the statutes is amended to read:

AB163,129,21 551.205 (3) If the Securities and Exchange Commission adopts rules under authority of section 3 (h) of the Securities Exchange Act of 1934 (15 USC 78c (h)) and P.L. 112-106, section 304, that authorize funding portals to receive commissions without registering as broker-dealers under the Securities Exchange Act of 1934, the division department shall promulgate rules authorizing Internet site operators registered with the division department under sub. (1) (b) that are not registered as broker-dealers under s. 551.401 to receive commissions. The division department shall ensure that its rules authorizing commissions for Internet site operators are consistent with rules adopted by the Securities and Exchange Commission. The division's department's rules shall also ensure that Internet site operators that do not satisfy rules adopted by the Securities and Exchange Commission have the opportunity to operate in compliance with the requirements of this section.

AB163,510 Section 510. 551.206 of the statutes is amended to read:

AB163,130,5 551.206 Adjustments. At 5-year intervals after January 1, 2014, the department of financial institutions shall adjust the monetary amounts specified in s. 551.202 (26) (c) 1. a. and b. and (27) (c) 1. a. and b. to reflect changes since January 1, 2014, in the consumer price index for all urban consumers, Milwaukee-Racine area average, as determined by the U.S. department of labor. Each adjustment shall be rounded to the nearest multiple of $50,000. Each adjustment under this section shall be published on the department of financial institutions department's Internet site.

AB163,511 Section 511. 551.601 (5) of the statutes is amended to read:

AB163,130,11 551.601 (5) Securities investor education and training funding. All moneys collected from the administrative assessment under s. 551.604 (4) shall be credited to the appropriation under s. 20.144 (1) 20.142 (2) (i). Subject to s. 20.144 (1) 20.142 (2) (i), the division department shall use moneys credited to that appropriation for the purposes specified in sub. (4) and s. 20.144 (1) 20.142 (2) (i).

AB163,512 Section 512. 551.605 (3) (bm) 1. of the statutes is amended to read:

AB163,130,18 551.605 (3) (bm) 1. Except as provided in subd. 2., a financial institution holding company whose securities have been registered under this chapter shall not be required to prepare or distribute to shareholders or provide to the department of financial institutions, at any time after such registration, any financial statements, financial information, annual reports, or other periodic reports except to the extent required under ss. 180.1620 and 180.1622.

AB163,513 Section 513. 551.614 (5) of the statutes is amended to read:

AB163,130,22 551.614 (5) Fees paid to state. All fees and expenses collected by the division department under this section shall be deposited into the general fund and credited to the appropriation account under s. 20.144 (1) 20.142 (2) (g).

AB163,514 Section 514. 552.01 (1) of the statutes is repealed.

AB163,515 Section 515. 552.01 (1m) of the statutes is created to read:

AB163,131,2 552.01 (1m) "Department" means the department of financial institutions and professional standards.

AB163,516 Section 516. 552.23 (1) of the statutes is amended to read: