SB631: Bill Text

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:

SB631,17,23 202.07 (4m) The department shall may promulgate rules to implement this chapter.

SB631,50 Section 50. 202.11 (5) (intro.) of the statutes is amended to read:

SB631,18,4 202.11 (5) (intro.) "Contribution" means a grant or pledge of money, credit, property, or other thing of any kind or value, except food, used clothing, or used household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from any of the following:

SB631,51 Section 51. 202.11 (7) (d) of the statutes is amended to read:

SB631,18,7 202.11 (7) (d) A bona fide employee of a person who employs another person to solicit in this state professional fund-raiser that is registered under this chapter.

SB631,52 Section 52. 202.11 (10) of the statutes is amended to read:

SB631,18,11 202.11 (10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser and is not a bona fide employee of a professional fund-raiser that is registered under this chapter.

SB631,53 Section 53. 202.12 (1) (title) of the statutes is amended to read:

SB631,18,13 202.12 (1) (title) Annual registration Registration requirement.

SB631,54 Section 54. 202.12 (1) (b) (intro.) of the statutes is repealed and recreated to read:

SB631,18,19 202.12 (1) (b) (intro.) Applicants for a charitable organization registration shall apply to the department, in the form and manner prescribed by the department. Each application that is not a renewal application shall be accompanied by any information required by the department, including all of the following:

SB631,55 Section 55. 202.12 (1) (b) 1. and 2. of the statutes are repealed.

SB631,56 Section 56. 202.12 (1) (b) 2g. of the statutes is amended to read:

SB631,19,4 202.12 (1) (b) 2g. Submits to the department an annual A reviewed financial report statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 $300,000, subject to adjustment under sub. (8), but not more than $100,000 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant.

SB631,57 Section 57. 202.12 (1) (b) 2r. of the statutes is amended to read:

SB631,19,12 202.12 (1) (b) 2r. Submits to the department an An audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include the opinion of an independent certified public accountant on the financial statement.

SB631,58 Section 58. 202.12 (1) (b) 3. of the statutes is renumbered 202.12 (1) (b) 1m. and amended to read:

SB631,19,16 202.12 (1) (b) 1m. Pays to the department the The registration fee determined by the department under s. 202.08 202.041.

SB631,59 Section 59. 202.12 (1) (c) and (d) of the statutes are repealed.

SB631,60 Section 60. 202.12 (1) (e) of the statutes is created to read: