AB163: Bill Text

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:

AB163,131,14 552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation, savings bank, or savings and loan association subject to regulation by the division of banking, or a company subject to regulation by the public service commission, the department of transportation, or the office of the commissioner of railroads, the division of securities department shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.

AB163,517 Section 517. 553.03 (2m) of the statutes is created to read:

AB163,131,17 553.03 (2m) "Department" means the department of financial institutions and professional standards.

AB163,518 Section 518. 553.03 (3) of the statutes is repealed.

AB163,519 Section 519. 553.605 (2) of the statutes is amended to read:

AB163,132,3 553.605 (2) Investor education. All moneys collected from the administrative assessment under sub. (1) 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 to provide information to residents of this state about franchise investments to help investors and potential investors evaluate their investment decisions, protect themselves from false, fraudulent or deceptive practices in connection with the offer, sale or purchase of a franchise, be alert for false or misleading advertising or other harmful practices, and know their rights as investors.

AB163,520 Section 520. 553.73 of the statutes is amended to read:

AB163,132,23 553.73 Service of process. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, whether or not the person has filed a consent to service of process under s. 553.27 (10), and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the division department to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor or personal representative that grows out of that conduct and that is brought under this law or any rule or order under this chapter, with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process at the office of the division secretary of the department, but it is not effective unless the plaintiff, who may be the division department in a suit, action, or proceeding instituted by the division department, immediately sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last-known address or takes other steps that are reasonably calculated to give actual notice, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within any further time that the court allows.

AB163,521 Section 521. 565.01 (4d) of the statutes is amended to read:

AB163,133,2 565.01 (4d) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

AB163,522 Section 522. 565.01 (4e) of the statutes is amended to read:

AB163,133,5 565.01 (4e) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,523 Section 523. 601.415 (9) of the statutes is amended to read:

AB163,133,12 601.415 (9) Consumer credit law. The commissioner shall cooperate with the division of banking department of financial institutions and professional standards in the administration of ch. 424, shall determine the method for computation of refunds under s. 424.205, shall approve forms, schedules of premium rates, and charges under s. 424.209, and shall issue rules or orders of compliance to insurers under s. 424.602.

AB163,524 Section 524. 601.72 (1) (intro.) of the statutes is amended to read:

AB163,133,20 601.72 (1) General. (intro.) Under procedures specified in s. 601.73, the commissioner is by law constituted attorney, except in cases in which the proceeding is to be brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, in which event the department of financial institutions and professional standards is by law constituted attorney, to receive service of summons, notices, orders, pleadings and all other legal process relating to any court or administrative agency in this state for all of the following:

AB163,525 Section 525. 601.72 (2) of the statutes is amended to read:

AB163,134,2 601.72 (2) Appointment of attorney. Except as provided in sub. (2m), every licensed insurer by applying for and receiving a certificate of authority, every surplus lines insurer by entering into a contract subject to the surplus lines law, and every unauthorized insurer by doing an insurance business in this state, is deemed to have irrevocably appointed the commissioner and department of financial institutions and professional standards as the insurer's attorneys in accordance with sub. (1).

AB163,526 Section 526. 601.72 (3) of the statutes is amended to read:

AB163,134,7 601.72 (3) Others affected. The commissioner and department of financial institutions and professional standards shall also be attorneys for the personal representatives, receivers, trustees, or other successors in interest of the persons specified in sub. (1).

AB163,527 Section 527. 601.73 (1) (intro.) of the statutes is amended to read:

AB163,134,11 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or department of financial institutions and professional standards under s. 601.72 is service on the principal, if:

AB163,528 Section 528. 601.73 (1) (a) of the statutes is amended to read:

AB163,134,15 601.73 (1) (a) Two copies of the process are left in the hands or office of the commissioner or department of financial institutions and professional standards respectively; and

AB163,529 Section 529. 601.73 (1) (b) of the statutes is amended to read:

AB163,134,19 601.73 (1) (b) The commissioner or department of financial institutions and professional standards mails a copy of the process to the person served according to sub. (2) (b).

AB163,530 Section 530. 601.73 (2) (a) of the statutes is amended to read:

AB163,134,23 601.73 (2) (a) Records. The commissioner and department of financial institutions and professional standards shall give receipts for and keep records of all process served through them.

AB163,531 Section 531. 601.73 (2) (b) of the statutes is amended to read:

AB163,135,5 601.73 (2) (b) Process mailed. The commissioner or department of financial institutions and professional standards shall send immediately by certified mail to the person served, at the person's last-known principal place of business, residence or post-office address or at an address designated in writing by the person, one copy of any process received and shall retain the other copy.

AB163,532 Section 532. 601.73 (3) of the statutes is amended to read: