SB21: Bill Text

SB21,1668,12 456.07 (1) Every individual who holds a license as a nursing home administrator issued by the department shall biennially apply to the examining board every 4 years for a new certificate of registration and report any facts requested by the examining board on forms provided for such purpose.

SB21,4509 Section 4509. 456.07 (2) of the statutes is amended to read:

SB21,1668,22 456.07 (2) The application for a new certificate of registration shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the examining board that during the biennial period immediately preceding application for registration the applicant has attended a continuing education program or course of study. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. All registration fees are payable on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag).

SB21,4510 Section 4510. 457.20 (2) of the statutes is amended to read:

SB21,1669,3 457.20 (2) The renewal dates for certificates and licenses granted under this chapter, other than training certificates and licenses or temporary certificates or licenses, are specified shall be as determined under s. 440.08 (2) (a) and (ag).

SB21,4511 Section 4511. 457.22 (2) of the statutes is amended to read:

SB21,1669,10 457.22 (2) The rules promulgated under sub. (1) may not require an individual to complete more than 30 60 hours of continuing education programs or courses of study in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability, or other exceptional circumstances have prevented the individual from completing the requirements.

SB21,4512 Section 4512. 458.09 (3) of the statutes is amended to read:

SB21,1669,21 458.09 (3) The number of hours of attendance at and completion of continuing education programs or courses of study required under the rules promulgated under s. 458.085 (3) shall be reduced by one hour for each hour of attendance at and completion of, within the 2 4 years immediately preceding the date on which the renewal application is submitted, continuing education programs or courses of study that the applicant has attended and completed in order to continue to qualify for employment as an assessor and that the department determines is substantially equivalent to attendance at and completion of continuing education programs or courses of study for certified general appraisers, certified residential appraisers or licensed appraisers, as appropriate.

SB21,4513 Section 4513. 458.11 of the statutes is amended to read:

SB21,1670,16 458.11 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). Renewal of an appraiser certificate automatically renews the individual's appraiser license without payment of the renewal fee for the appraiser license or completion of any additional continuing education requirements that would otherwise be required for renewal of the appraiser license. Renewal applications shall be accompanied by proof of completion of the continuing education requirements in s. 458.13. Notwithstanding s. 458.06 (3) (b) 2. and (4) (b) 2., 1989 stats., and s. 458.08 (3) (b) 2. and (c) 2., 1991 stats., the department may not renew a certificate that was granted under s. 458.06 (3) or (4) before May 29, 1993, unless the holder of the certificate submits evidence satisfactory to the department that he or she has successfully completed the applicable educational requirements specified in rules promulgated under s. 458.085 (1) and the department may not renew a certificate that was granted under s. 458.08 (3) before May 29, 1993, unless the holder of the certificate submits evidence satisfactory to the department that he or she has successfully completed the applicable education and experience requirements specified in rules promulgated under s. 458.085 (1) and (2).

SB21,4514 Section 4514. 458.13 of the statutes is amended to read:

SB21,1670,22 458.13 Continuing education requirements. At the time of renewal of a certificate issued under this chapter, each applicant shall submit proof that, within the 2 4 years immediately preceding the date on which the renewal application is submitted, he or she has satisfied the continuing education requirements specified in the rules promulgated under s. 458.085 (3).

SB21,4515 Section 4515. 459.09 (1) (intro.) of the statutes is amended to read:

SB21,1671,3 459.09 (1) (intro.) Each person issued a license under this subchapter shall, on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag), do all of the following:

SB21,4516 Section 4516. 459.09 (1) (b) of the statutes is amended to read:

SB21,1671,11 459.09 (1) (b) Submit with the renewal application proof that he or she completed, within the 2 years each 2-year period within the 4-year period immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under s. 459.095. This paragraph does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.

SB21,4517 Section 4517. 459.24 (5) (intro.) of the statutes is amended to read:

SB21,1671,17 459.24 (5) Expiration and renewal. (intro.) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under sub. (6), are specified shall be as determined under in s. 440.08 (2) (a) and (ag). Renewal applications shall be submitted to the department on a form provided by the department and shall include all of the following:

SB21,4518 Section 4518. 459.24 (5) (b) of the statutes is amended to read:

SB21,1671,24 459.24 (5) (b) Proof that the applicant completed, within the 2 years each 2-year period within the 4-year period immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under sub. (5m). This paragraph does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially granted the license.

SB21,4519 Section 4519. 460.05 (1) (e) 1. of the statutes is amended to read:

SB21,1672,4 460.05 (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).

SB21,4520 Section 4520. 460.07 (2) (intro.) of the statutes is amended to read:

SB21,1672,9 460.07 (2) (intro.) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and (ag) and shall include all of the following:

SB21,4521 Section 4521. 460.10 (1) (a) of the statutes is amended to read:

SB21,1672,15 460.10 (1) (a) Requirements and procedures for a license holder to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a license holder to complete more than 24 48 hours of continuing education programs or courses of study in order to qualify for renewal of his or her license.

SB21,4522 Section 4522. 462.01 (3) of the statutes is repealed.

SB21,4523 Section 4523. 462.05 (1) of the statutes is amended to read:

SB21,1672,22 462.05 (1) The renewal date for licenses and limited X-ray machine operator permits granted under this chapter is specified in shall be as determined under s. 440.08 (2) (a) and (ag). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB21,4524 Section 4524. Chapter 463 (title) of the statutes is created to read:

SB21,1672,25 chapter 463 body art and tanning facilities

SB21,4525 Section 4525. 463.18 of the statutes is created to read:

SB21,1673,6 463.18 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.

SB21,4526 Section 4526. 470.045 (3) (b) of the statutes is amended to read:

SB21,1673,11 470.045 (3) (b) The renewal date for certificates of authorization under this section is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a).

SB21,4527 Section 4527. 470.07 of the statutes is amended to read:

SB21,1673,19 470.07 Renewal of licenses. The renewal dates for licenses granted under this chapter are specified shall be as determined under s. 440.08 (2) (a) and (ag). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the appropriate section of the examining board that the applicant has completed any continuing education requirements specified in rules promulgated under s. 470.03 (2).

SB21,4528 Section 4528. 480.08 (5) of the statutes is amended to read:

SB21,1674,4 480.08 (5) Expiration and renewal. The renewal date for certificates granted under this chapter, other than temporary certificates granted under sub. (7), is specified shall be as determined under s. 440.08 (2) (a) and (ag), and the renewal fee for certificates granted under this chapter, other than temporary certificates granted under sub. (7), is determined by the department under s. 440.03 (9) (a). Renewal applications shall include evidence satisfactory to the department that the applicant holds a current permit issued under s. 77.52 (9). A renewal application for an auctioneer certificate shall be accompanied by proof of completion of continuing education requirements under sub. (6).

SB21,4529 Section 4529. 551.102 (1m) of the statutes is amended to read:

SB21,1674,9 551.102 (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.

SB21,4530 Section 4530. 551.102 (4t) of the statutes is created to read:

SB21,1674,12 551.102 (4t) "Department" means the department of financial institutions and professional standards.

SB21,4531 Section 4531. 551.102 (5m) of the statutes is repealed.

SB21,4532 Section 4532. 551.202 (26) (f) (intro.) of the statutes is amended to read:

SB21,1674,20 551.202 (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:

SB21,4533 Section 4533. 551.202 (27) (h) (intro.) of the statutes is amended to read:

SB21,1675,3 551.202 (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:

SB21,4534 Section 4534. 551.205 (1) (b) 1. (intro.) of the statutes is amended to read:

SB21,1675,9 551.205 (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:

SB21,4535 Section 4535. 551.205 (3) of the statutes is amended to read:

SB21,1675,22 551.205 (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.

SB21,4536 Section 4536. 551.206 of the statutes is amended to read:

SB21,1676,6 551.206 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.

SB21,4537 Section 4537. 551.601 (5) of the statutes is amended to read:

SB21,1676,12 551.601 (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).

SB21,4538 Section 4538. 551.605 (3) (bm) 1. of the statutes is amended to read:

SB21,1676,19 551.605 (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.

SB21,4539 Section 4539. 551.614 (5) of the statutes is amended to read:

SB21,1676,23 551.614 (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).

SB21,4540 Section 4540. 552.01 (1) of the statutes is repealed.

SB21,4541 Section 4541. 552.01 (1m) of the statutes is created to read:

SB21,1677,2 552.01 (1m) "Department" means the department of financial institutions and professional standards.

SB21,4542 Section 4542. 552.23 (1) of the statutes is amended to read:

SB21,1677,14 552.23 (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.

SB21,4543 Section 4543. 553.03 (2m) of the statutes is created to read:

SB21,1677,17 553.03 (2m) "Department" means the department of financial institutions and professional standards.

SB21,4544 Section 4544. 553.03 (3) of the statutes is repealed.

SB21,4545 Section 4545. 553.605 (2) of the statutes is amended to read:

SB21,1678,3 553.605 (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.

SB21,4546 Section 4546. 553.73 of the statutes is amended to read:

SB21,1678,23 553.73 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.

SB21,4547 Section 4547. 565.01 (4d) of the statutes is amended to read:

SB21,1679,2 565.01 (4d) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

SB21,4548 Section 4548. 565.01 (4e) of the statutes is amended to read:

SB21,1679,5 565.01 (4e) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,4549 Section 4549. 600.01 (1) (b) 8. of the statutes is amended to read:

SB21,1679,13 600.01 (1) (b) 8. Guarantees of the Wisconsin Housing and Economic Development Authority under s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. s. 234.67, 2013 stats., s. 234.83, 2013 stats., s. 234.84, 2013 stats., s. 234.90, 2013 stats., s. 234.905, 2013 stats., s. 234.907, 2013 stats., and s. 234.91, 2013 stats., and guarantees of the Forward Wisconsin Development Authority under ss. 235.67, 235.83, 235.84, 235.90, 235.905, 235.907, and 235.91.

SB21,4550 Section 4550. 600.01 (1) (b) 10. of the statutes is repealed.

SB21,4551 Section 4551. 600.03 (25) (a) 5. of the statutes is created to read:

SB21,1679,17 600.03 (25) (a) 5. Services provided by a care management organization, as defined in s. 46.2805 (1) (dm).

SB21,4552 Section 4552. 601.41 (1) of the statutes is amended to read:

SB21,1679,22 601.41 (1) Duties. The commissioner shall administer and enforce chs. 102 and 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

SB21,4553 Section 4553. 601.41 (12) of the statutes is created to read:

SB21,1680,3 601.41 (12) Care management organizations. The commissioner may apply the provisions of chs. 600 to 646 to a care management organization, as defined in s. 46.2805 (1) (dm). The commissioner may promulgate rules to license care management organizations, as defined in s. 46.2805 (1) (dm), as insurers and to otherwise regulate care management organizations.

SB21,4554 Section 4554. 601.415 (9) of the statutes is amended to read:

SB21,1680,10 601.415 (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.

SB21,4555 Section 4555. 601.42 (1g) (intro.) of the statutes is amended to read: