SB631: Bill Text

SB631,5 Section 5. 202.02 (3) of the statutes is renumbered 202.031 (2), and 202.031 (2) (b), as renumbered, is amended to read:

SB631,6,13 202.031 (2) (b) Post a notice in a conspicuous place in the registrant's office or place of business, or on the registrant's Internet site, describing the procedures for filing a complaint against the registrant.

SB631,6 Section 6. 202.02 (4) of the statutes is renumbered 202.021 (1) (b) and amended to read:

SB631,7,2 202.021 (1) (b) 1. The department shall require each applicant to provide his or her social security number with the applicant's application for a registration or registration renewal, or, if the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

SB631,7,8 2. If an applicant is an individual who does not have a social security number, the applicant shall submit a statement to the department made or subscribed under oath that the applicant does not have a social security number. The department of children and families shall prescribe the form of the statement. A registration issued in reliance upon a false statement submitted under this paragraph subdivision is invalid.

SB631,7,13 3. The department may not disclose a social security number obtained under par. (a) subd. 1. to any person except the department of children and families to administer s. 49.22, the department of revenue to request certifications under s. 73.0301 and administer state taxes, and the department of workforce development to request certifications under s. 108.227.

SB631,7 Section 7. 202.02 (5) of the statutes is repealed.

SB631,8 Section 8. 202.02 (6) (a) of the statutes is renumbered 202.021 (2) (a) and amended to read:

SB631,8,2 202.021 (2) (a) The department may conduct an investigation of the applicant, including the applicant's members, officers, trustees, and directors, to determine whether an the applicant satisfies any all of the eligibility requirements specified for the registration, including whether the applicant does not have. The investigation may include determining whether any of the applicant's members, officers, trustees, or directors has an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements under par. (d).

SB631,9 Section 9. 202.02 (6) (b) of the statutes is renumbered 202.031 (3) and amended to read:

SB631,8,8 202.031 (3) A registrant, or a registrant's officer, director, trustee, or member, who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction.

SB631,10 Section 10. 202.02 (6) (c) of the statutes is renumbered 202.07 (1m) (b) and amended to read:

SB631,8,15 202.07 (1m) (b) The department may investigate whether an applicant or a registrant, or an officer, director, trustee, or member of a registrant, has been charged with or convicted of a crime. In conducting this investigation, the department may require a person for whom the department conducts an investigation to provide any information that is necessary for the investigation.

SB631,11 Section 11. 202.02 (6) (d) of the statutes is repealed.

SB631,12 Section 12. 202.02 (6) (e) of the statutes is renumbered 202.021 (2) (b) and amended to read:

SB631,8,22 202.021 (2) (b) The If an officer, director, or member of an applicant has been convicted or has an arrest or conviction record, the department shall may charge an applicant the fees, costs, or other expenses the department incurs for conducting an investigation under this subsection.

SB631,13 Section 13. 202.02 (7) of the statutes is renumbered 202.021 (1) (c) and amended to read:

SB631,9,3 202.021 (1) (c) The department may require the electronic submission of an application for registration or registration renewal or any other document or information that may be submitted to the department under this chapter.

SB631,14 Section 14. 202.021 (title), (1) (title) and (a), (2) (title), (bn), (c) and (d), (3) (title) and (c), and (4) (title) and (a) (intro.), 1. and 4. of the statutes are created to read:

SB631,9,12 202.021 (title) Registration. (1) (title) Applications for registration. (a) Applicants for registration under this chapter shall apply to the department, on forms and in the manner prescribed by the department. Forms prescribed by the department under this paragraph may contain any content or requirement that the department, in its discretion, determines necessary and these forms may be modified or updated as necessary by the department to carry out the purposes of this chapter.

SB631,9,13 (2) (title) Completion of registration process.

SB631,9,16 (bn) Subject to ss. 111.321, 111.322, and 111.335, the department may deny or limit the registration of an applicant or registrant that has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.

SB631,9,18 (c) Except as provided in sub. (4), the department shall, after its review of an application, issue a certificate of registration to the applicant.

SB631,9,19 (d) A registration issued under this chapter is not assignable or transferable.

SB631,9,20 (3) (title) Renewal of registration.

SB631,9,24 (c) 1. A registrant may apply to renew its registration by submitting to the department an application, fees, and any financial statement required by s. 202.22. For the renewal application to be timely, the renewal fee and application must be received by the department on or before the registration's expiration date.

SB631,10,4 2. Subject to subd. 4., a registrant whose renewal fee and completed application are not received by the department on or before the registration's expiration date, but are received within 60 days after the expiration date, must pay the late fee determined by the department under s. 202.041.

SB631,10,7 3. A registrant whose renewal fee and completed application are not received by the department within 60 days after the expiration date of the registration must submit an application for a new registration.

SB631,10,12 4. After the expiration date, a registrant that is required to renew its registration may not continue to conduct the activity for which the registration is required unless the registrant's certificate has been renewed by the department or the registrant has paid the renewal fee and filed a completed renewal application on or before the registration's expiration date.

SB631,10,14 (4) (title) Denial of application. (a) (intro.) The department may not issue or renew a registration under this chapter if any of the following applies:

SB631,10,18 1. The applicant has failed to submit a complete application to the department. Before denying an incomplete application, the department shall notify the applicant of any deficiencies in the application and give the applicant a reasonable amount of time to resolve the deficiencies.

SB631,10,20 4. The department is not satisfied that the applicant or registrant will comply with this chapter and any rules promulgated under this chapter.

SB631,15 Section 15. 202.025 (title) of the statutes is repealed.

SB631,16 Section 16. 202.025 (1) (title) of the statutes is repealed.

SB631,17 Section 17. 202.025 (1) (a) of the statutes is renumbered 202.021 (3) (a) and amended to read:

SB631,11,3 202.021 (3) (a) The department shall give a notice of renewal to each registrant at least 30 days before the renewal expiration date of the registration. The department may give that notice by electronic transmission.

SB631,18 Section 18. 202.025 (1) (b) of the statutes is renumbered 202.021 (3) (b) and amended to read:

SB631,11,10 202.021 (3) (b) Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against a registrant or in any proceeding against a former registrant for practicing without a registration. Failure to receive a notice of renewal does not relieve a registrant from the obligation to pay a penalty for late renewal under sub. (2) par. (c).

SB631,19 Section 19. 202.025 (2) and (3) (title) of the statutes are repealed.

SB631,20 Section 20. 202.025 (3) (a) 1. of the statutes is renumbered 202.021 (4) (a) 2. and amended to read:

SB631,11,17 202.021 (4) (a) 2. Notwithstanding ss. 202.12 to 202.14 and 202.23, if the The department determines that an the applicant for registration or registration renewal has failed to comply with any applicable requirement for the issuance or renewal, or that of registration.

SB631,11,21 3. The department determines that the denial of an the application for registration or registration renewal is necessary to protect the public health, safety, or welfare, the department may summarily deny the application for registration or registration renewal.

SB631,21 Section 21. 202.025 (3) (a) 2. of the statutes is renumbered 202.021 (4) (b) and amended to read:

SB631,12,4 202.021 (4) (b) If the department denies an application for registration or registration renewal under subd. par. (a) 1., 2., 3., or 4., the department shall provide the applicant with a notice of denial that states the facts or conduct giving rise to the denial and states that the applicant may, within 30 days after the date stated on the notice of denial, file a written request with the department for the department to review the denial at a hearing.

SB631,22 Section 22. 202.025 (3) (b) of the statutes is repealed.

SB631,23 Section 23. 202.03 (title) of the statutes is repealed.

SB631,24 Section 24. 202.03 of the statutes is renumbered 202.021 (4) (a) 5. and amended to read:

SB631,12,15 202.021 (4) (a) 5. Notwithstanding ss. 202.12 to 202.14 and 202.22, the department shall deny an application for an initial registration or for registration renewal, or revoke a registration, if the The department of revenue certifies has certified under s. 73.0301 that the applicant or registrant is liable for delinquent taxes or if the. An applicant whose application is denied under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

SB631,12,21 6. The department of workforce development certifies has certified under s. 108.227 that the applicant or registrant is liable for delinquent unemployment insurance contributions. An applicant whose application is denied under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.

SB631,25 Section 25. 202.031 (5) (a) and (6) of the statutes are created to read:

SB631,13,2 202.031 (5) (a) Applicants and registrants shall keep current and accurate all material information contained in the application or on file with the department. Material information includes name, mailing address, electronic mail address, and trade names.

SB631,13,7 (6) Before using any trade name in this state, the registrant shall inform the department in writing that the registrant intends to use the trade name. Unless the registrant is informed by the department within 30 days of submission of the trade name to the department that it may not use the proposed trade name, the registrant may use the trade name.

SB631,26 Section 26. 202.035 (title), (1) and (2) (intro.) of the statutes are repealed.

SB631,27 Section 27. 202.035 (2) (a) of the statutes is renumbered 202.06 (2) (e) and amended to read:

SB631,13,24 202.06 (2) (e) Restrict, limit, The department shall restrict or suspend a registration, or deny an application for an initial registration, if the registrant, applicant, or a controlling person of the registrant or applicant is delinquent in paying support or is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to child support or paternity proceedings that is issued by the department of children and families or a county child support agency under s. 59.53 (5) or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An individual whose registration is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857.

SB631,28 Section 28. 202.035 (2) (b) of the statutes is renumbered 202.021 (4) (a) 7. and amended to read:

SB631,14,15 202.021 (4) (a) 7. Deny an application for registration renewal if the registrant or a controlling person of the registrant is delinquent in paying support or The applicant is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to child support or paternity proceedings that is issued by the department of children and families or a county child support agency under s. 59.53 (5) or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose license is not issued or renewed under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB631,29 Section 29. 202.04 (title) of the statutes is repealed.

SB631,30 Section 30. 202.04 of the statutes is renumbered 202.031 (4) and amended to read:

SB631,14,21 202.031 (4) A registrant may voluntarily surrender his or, her, or its registration. The department may refuse to accept that surrender if a complaint has been filed or a disciplinary proceeding has been commenced against the registrant.

SB631,31 Section 31. 202.05 of the statutes is repealed.

SB631,32 Section 32. 202.055 (title) of the statutes is repealed.

SB631,33 Section 33. 202.055 (1) of the statutes is renumbered 202.031 (5) (b) and amended to read:

SB631,15,5 202.031 (5) (b) An applicant or registrant that undergoes a change of name or address shall notify the department of the applicant's or registrant's new name or address Notification of any change to material information shall be made to the department within 30 days after the change and shall be made in writing or in accordance with other notification procedures approved by the department.

SB631,34 Section 34. 202.055 (2) of the statutes is renumbered 202.07 (3m).

SB631,35 Section 35. 202.055 (3) of the statutes is renumbered 202.031 (5) (c) and amended to read:

SB631,15,10 202.031 (5) (c) Any person who fails to comply with sub. (1) par. (b) shall be subject to a forfeiture of $50 for each violation.

SB631,36 Section 36. 202.06 (1) (title) of the statutes is repealed.

SB631,37 Section 37. 202.06 (1) of the statutes is renumbered 202.07 (1m) (a).

SB631,38 Section 38. 202.06 (2) of the statutes is renumbered 202.06 (2) (c), and 202.06 (2) (c) 1., as renumbered, is amended to read:

SB631,15,17 202.06 (2) (c) 1. Made a material misrepresentation or false statement in an application for registration or registration renewal or in any other information submitted to the department or in a report under s. 108.067.

SB631,39 Section 39. 202.06 (2) (d), (f) and (g) of the statutes are created to read:

SB631,15,23 202.06 (2) (d) Subject to ss. 111.321, 111.322, and 111.335, the department may reprimand a registrant or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that the registrant has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.

SB631,16,3 (f) The department shall revoke a registration if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a).

SB631,16,9 (g) The department shall revoke a registration if the department of workforce development certifies under s. 108.227 that the registrant is liable for delinquent unemployment insurance contributions. A registrant whose registration is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a).

SB631,40 Section 40. 202.06 (3) of the statutes is amended to read:

SB631,16,15 202.06 (3) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, revocation, restriction, nonrenewal, or other withholding of a registration under sub. (2) (c), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.

SB631,41 Section 41. 202.07 (title) of the statutes is repealed and recreated to read:

SB631,16,17 202.07 (title) General powers of the department.

SB631,42 Section 42. 202.07 (1) of the statutes is renumbered 202.07 (5m) (a).

SB631,43 Section 43. 202.07 (2) of the statutes is renumbered 202.07 (5m) (b).

SB631,44 Section 44. 202.07 (3) of the statutes is renumbered 202.07 (5m) (c), and 202.07 (5m) (c) 1., as renumbered, is amended to read:

SB631,16,25 202.07 (5m) (c) 1. An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b) subd. 2., may not be used as evidence that the registrant is guilty of the alleged misconduct.

SB631,45 Section 45. 202.07 (4) of the statutes is renumbered 202.07 (5m) (d).

SB631,46 Section 46. 202.08 of the statutes is renumbered 202.041, and 202.041 (2), as renumbered, is amended to read:

SB631,17,17 202.041 (2) Before the department makes any fee adjustment under sub. (1), the department shall send a notification of the proposed fee adjustments to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of financial institutions within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made as proposed. The department shall notify registrants of the fee adjustments by posting the fee adjustments on the department's Internet site and in registration renewal notices sent to affected registrants under s. 202.025 (1) 202.021 (3) (a). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary of financial institutions that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made only upon approval of the committee.

SB631,47 Section 47. 202.09 of the statutes is renumbered 202.051.

SB631,48 Section 48. 202.095 (title) of the statutes is repealed.

SB631,49 Section 49. 202.095 of the statutes is renumbered 202.07 (4m) and amended to read: