AB163: Bill Text

AB163,61,8 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

AB163,61,13 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

AB163,61,16 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB163,254 Section 254. 93.135 (1) (a) of the statutes is renumbered 93.135 (1) (ag).

AB163,255 Section 255. 93.135 (1) (ab) of the statutes is created to read:

AB163,61,19 93.135 (1) (ab) A license, certification, or permit under ch. 89.

AB163,256 Section 256. 93.20 (1) of the statutes is amended to read:

AB163,61,23 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 89, 91 to 100, or 126.

AB163,257 Section 257. 93.22 (1) of the statutes is amended to read:

AB163,62,2 93.22 (1) In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.

AB163,258 Section 258. 93.22 (2) of the statutes is amended to read:

AB163,62,7 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.

AB163,259 Section 259. 93.22 (3) of the statutes is amended to read:

AB163,62,14 93.22 (3) In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.

AB163,260 Section 260. 94.67 (33m) of the statutes is amended to read:

AB163,62,17 94.67 (33m) "Veterinarian" means an individual who is licensed as a veterinarian under ch. 453 89.

AB163,261 Section 261. 94.67 (33t) of the statutes is amended to read:

AB163,62,20 94.67 (33t) "Veterinary technician" means an individual who is certified as a veterinary technician under ch. 453 89.

AB163,262 Section 262. 95.21 (1) (e) of the statutes is amended to read:

AB163,62,23 95.21 (1) (e) "Veterinarian" has the meaning designated under s. 453.02 89.02 (7).

AB163,263 Section 263. 95.21 (1) (em) of the statutes is amended to read:

AB163,63,2 95.21 (1) (em) "Veterinary technician" has the meaning designated under s. 453.02 89.02 (12).

AB163,264 Section 264. 95.21 (2) (a) of the statutes is amended to read:

AB163,63,18 95.21 (2) (a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 89.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.

AB163,265 Section 265. 100.67 of the statutes is created to read:

AB163,63,21 100.67 Private trade, business, technical, and other schools. (1) Definitions. In this section, unless the context clearly requires otherwise:

AB163,63,22 (b) "Course" has the meaning given in s. 440.52 (1) (b).

AB163,63,23 (c) "Course of instruction" has the meaning given in s. 440.52 (1) (c).

AB163,63,24 (d) "Person" has the meaning given in s. 440.52 (1) (d).

AB163,63,25 (e) "School" has the meaning given in s. 440.52 (1) (e).

AB163,64,2 (2) Responsibilities. The department shall protect the general public by investigating complaints and potential violations related to this section.

AB163,64,4 (3) Rule-making power. The department may promulgate rules necessary to administer this section.

AB163,266 Section 266. 101.02 (20) (b) of the statutes is amended to read:

AB163,64,16 101.02 (20) (b) Except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of safety and professional services with his or her social security number and each applicant that is not an individual provides the department of safety and professional services with its federal employer identification number. The department of safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

AB163,267 Section 267. 101.02 (20) (c) of the statutes is amended to read:

AB163,64,22 101.02 (20) (c) The department of safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions.

AB163,268 Section 268. 101.02 (20) (d) of the statutes is amended to read:

AB163,65,3 101.02 (20) (d) The department of safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions.

AB163,269 Section 269. 101.02 (20) (e) 1. of the statutes is amended to read:

AB163,65,10 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB163,270 Section 270. 101.02 (21) (b) of the statutes is amended to read:

AB163,65,20 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless the applicant provides the department of safety and professional services with his or her social security number. The department of safety and professional services may not disclose the social security number except that the department of safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

AB163,271 Section 271. 101.02 (21) (e) 1. of the statutes is amended to read:

AB163,66,2 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB163,272 Section 272. 101.12 (1) (intro.) of the statutes is amended to read:

AB163,66,8 101.12 (1) (intro.) Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:

AB163,273 Section 273. 101.149 (6) (b) of the statutes is amended to read:

AB163,66,20 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under sub. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB163,274 Section 274. 101.149 (8) (a) of the statutes is amended to read:

AB163,67,5 101.149 (8) (a) If the department of safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

AB163,275 Section 275. 101.31 of the statutes is repealed.

AB163,276 Section 276. 101.573 (3) (a) of the statutes is amended to read:

AB163,67,15 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.165 (2) 20.142 (4) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB163,277 Section 277. 101.573 (5) of the statutes is amended to read:

AB163,67,18 101.573 (5) The department shall promulgate a rule defining "administrative expenses" for purposes of s. 20.165 (2) 20.142 (4) (La).

AB163,278 Section 278. 101.654 (1m) (e) of the statutes is amended to read:

AB163,67,23 101.654 (1m) (e) The continuing education approved by the department under par. (b) 1. shall include courses offered by private organizations with whom the department contracts under s. 101.657. The department may approve continuing education courses that are offered by other states.

AB163,279 Section 279. 101.657 of the statutes is repealed.

AB163,280 Section 280. 101.935 (2) (e) of the statutes is amended to read:

AB163,68,3 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of safety and professional services in the administration of this section.

AB163,281 Section 281. 101.951 (7) (a) of the statutes is amended to read:

AB163,68,12 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

AB163,282 Section 282. 101.951 (7) (b) of the statutes is amended to read:

AB163,69,2 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

AB163,283 Section 283. 101.951 (7) (c) of the statutes is amended to read:

AB163,69,8 101.951 (7) (c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB163,284 Section 284. 101.953 (1) (a) of the statutes is amended to read:

AB163,69,13 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB163,285 Section 285. 101.973 (8) of the statutes is amended to read:

AB163,69,16 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.165 (2) 20.142 (4) (j).

AB163,286 Section 286. 107.30 (10) of the statutes is amended to read:

AB163,69,19 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.165 (2) 20.142 (4) (a).

AB163,287 Section 287. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB163,69,24 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.165 (2) 20.142 (4) (a) from the sum of:

AB163,288 Section 288. 108.227 (1) (e) 3. of the statutes is amended to read:

AB163,70,6 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB163,289 Section 289. 108.227 (1) (e) 6. of the statutes is amended to read:

AB163,70,11 108.227 (1) (e) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

AB163,290 Section 290. 108.227 (1) (f) of the statutes is amended to read:

AB163,70,20 108.227 (1) (f) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

AB163,291 Section 291. 111.335 (1) (cx) of the statutes is amended to read:

AB163,70,25 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 100.67 (13) (c).

AB163,292 Section 292. 112.07 (1) of the statutes is amended to read:

AB163,72,3 112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (e). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the division of banking department of financial institutions and professional standards and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

AB163,293 Section 293. 119.495 (2) of the statutes is amended to read:

AB163,72,13 119.495 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under s. 16.287 203.07 as managing underwriter of the notes or to engage a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,294 Section 294. 119.496 (2) of the statutes is amended to read:

AB163,72,24 119.496 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under s. 16.287 203.07 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under s. 16.287 203.07 to advise the city regarding any public sale of the notes.

AB163,295 Section 295. 125.04 (5) (a) 5. of the statutes is amended to read: