AB617: Bill Text

LRB-2183/1

ALL:cmh:hmh

1999 - 2000 LEGISLATURE

1999 Assembly BILL 617

December 13, 1999 - Introduced by Representatives Schneider, Boyle, Gundrum, Gronemus, F. Lasee, Kreuser, Reynolds, Ryba and Meyerhofer, cosponsored by Senator Darling. Referred to Committee on Judiciary and Personal Privacy.

AB617,3,10 An Act to repeal 29.024 (2g) (a), 29.024 (2g) (d) 2., 48.66 (2m) (am), 48.66 (2m) (bm), 49.48 (1), 49.857 (2) (b) 4., 69.15 (3) (d), 73.0301 (2) (c) 1. a., 138.09 (1m) (b) 1. a., 138.12 (3) (d) 1. a., 146.51 (1), 165.85 (3m) (intro.), 170.12 (3m) (a) 1., 217.05 (1m) (a) 1., 218.01 (2) (ig) 1. a., 218.02 (2) (a) 1. a., 218.04 (3) (a) 1. a., 218.05 (3) (am) 1. a., 218.12 (2) (am) 1., 218.21 (2) (ag), 218.31 (1) (ag), 218.41 (2) (am) 1. a., 218.51 (3) (am) 1. a., 224.72 (2) (c) 1. a., 250.05 (8m) (a), 250.05 (8m) (c), 341.51 (4) (am), 342.06 (1) (eg), 343.14 (2j) (a), 343.305 (6) (e) 2. a., 343.61 (2) (a) 1., 343.65 (2), 440.03 (11m) (a) 1. and 2., 551.32 (1) (bm) 1. a., 562.05 (7) (am) 1. and 633.14 (1) (d); to renumber 343.14 (2j) (b), 343.65 (1) and 562.05 (7) (am) 2.; to renumber and amend 29.024 (2g) (b), 29.024 (2g) (d) 1., 93.135 (1), 218.12 (2) (am) 2., 250.041 (1), 299.08 (1) (a) and 440.03 (11m) (a) (intro.); to consolidate, renumber and amend 73.0301 (2) (c) 1. (intro.) and b., 138.09 (1m) (b) 1. (intro.) and b., 170.12 (3m) (a) (intro.) and 2., 217.05 (1m) (a) (intro.) and 2., 218.01 (2) (ig) 1. (intro.) and b., 218.02 (2) (a) 1. (intro.) and b., 218.04 (3) (a) 1. (intro.) and b., 218.05 (3) (am) 1. (intro.) and b., 218.41 (2) (am) 1. (intro.) and (b), 218.51 (3) (am) 1. (intro.) and b., 224.72 (2) (c) 1. (intro.) and b., 343.305 (6) (e) 2. (intro.) and b., 343.61 (2) (a) (intro.) and 2. and 551.32 (1) (bm) 1. (intro.) and b.; to amend 13.63 (1) (a), 13.63 (1) (b), 13.64 (1) (a), 13.64 (2), 19.55 (2) (d), 29.024 (2g) (c), 29.024 (2r) (a) (title), 29.024 (2r) (a) (intro.), 29.229 (5m) (b), 29.229 (5m) (c), 48.66 (2), 48.66 (2m) (a), 48.66 (2m) (b), 48.66 (2m) (cm), 49.48 (2), 49.48 (3), 49.853 (3) (a), 49.853 (3) (b), 49.853 (4) (a), 49.854 (2) (b), 49.857 (1) (d) 6., 49.857 (1) (d) 16., 49.857 (2) (a), 49.857 (2) (b) 5., 50.498 (1) (intro.), 51.032 (1) (intro.), 69.17, 73.03 (50), 73.03 (50m), 73.09 (6m), 93.135 (2), 93.135 (3), 101.02 (20) (b), 101.02 (21) (b), 102.17 (1) (cg) 1., 102.17 (1) (cg) 2., 102.17 (1) (cg) 3., 103.275 (2) (bg) 1., 103.275 (2) (bg) 2., 103.275 (2) (bg) 3., 103.91 (2) (b) 1., 103.91 (2) (b) 2., 103.91 (2) (b) 3., 103.92 (1) (b) 1., 103.92 (1) (b) 2., 103.92 (1) (b) 3., 104.07 (4) (a), 104.07 (4) (b), 104.07 (4) (c), 105.06 (1m) (a), 105.06 (1m) (b), 105.06 (1m) (c), 118.19 (1m) (a), 118.19 (1r) (a), 138.09 (1m) (b) 2. b., 138.12 (3) (d) 2. b., 138.12 (5) (am) 1. c., 146.40 (4d) (a), 146.51 (2), 146.51 (3), 146.52 (1) (intro.), 165.85 (3m) (a), 165.85 (3m) (b), 170.12 (8) (b) 1. c., 217.05 (1m) (b) 2., 218.01 (2) (ie) 1., 218.01 (2) (ig) 2. b., 218.02 (2) (a) 2. b., 218.04 (3) (a) 2. b., 218.05 (3) (am) 2. b., 218.11 (2) (am) 1., 218.12 (2) (a), 218.21 (2m) (a), 218.21 (2m) (b), 218.31 (1m) (a), 218.31 (1m) (b), 218.41 (2) (am) 2., 218.41 (3m) (b) 1., 218.51 (3) (am) 2., 218.51 (4m) (b) 1., 224.72 (2) (c) 2. b., 250.041 (2), 250.041 (3), 250.05 (8m) (b), 252.241 (1), 254.115 (1) (intro.), 299.07 (1) (a) (intro.), 299.07 (1) (b) 2., 299.08 (1) (b) (intro.), 299.08 (2), 341.51 (4g) (a), 341.51 (4g) (b), 343.305 (6) (e) 3. a., 343.305 (6) (e) 3. b., 343.61 (2) (b), 343.62 (2) (a), 343.62 (2) (b), 343.64 (2), 440.03 (7), 440.03 (11m) (b), 440.03 (11m) (c), 452.12 (6) (e) (intro.), 551.32 (1) (bm) 2. b., 551.34 (1m) (a) 3., 551.34 (1m) (b), 562.05 (1c), 562.05 (8m) 1., 628.095 (title), 628.095 (1), 628.095 (2), 628.095 (3), 628.095 (4) (a), 628.10 (2) (d), 632.68 (2) (b) (intro.), 632.68 (2) (b) 2., 632.68 (2) (bc) 1., 632.68 (2) (bc) 2., 632.68 (2) (e), 632.68 (4) (b), 632.68 (4) (bc) 1., 632.68 (4) (bc) 2., 632.68 (4) (c), 633.14 (2c) (a), 633.14 (2c) (b), 633.15 (1m), 633.15 (2) (a) (title), 633.15 (2) (a) 1., 633.15 (2) (a) 2., 633.15 (2) (a) 3., 751.15 (2), 751.15 (3), 751.155 (2), 751.155 (3), 765.09 (2), 765.09 (3), 765.13, 767.085 (1) (b), 767.263 (2), 767.37 (1) (a) and 767.51 (2); and to create 342.06 (1t) of the statutes; relating to: requirements that social security numbers be included on license, permit and other credential applications and on certain documents concerning marriage and children.

Analysis by the Legislative Reference Bureau

Under current law, any record relating to a judgment of divorce, support order or paternity determination generally must contain the social security number (SSN) of each individual to whom the record relates. In addition, current law requires an individual to include his or her SSN on any application that the person makes to the state for a professional, drivers, occupational, recreational or marriage license. Currently, the applicable state agency must deny any application that does not contain the applicant's SSN. Upon receiving the SSN, the applicable state agency discloses the SSN to the department of workforce development (DWD) so that DWD may determine, among other things, whether the individual is delinquent in the payment of child support. If the individual is delinquent, the applicable state agency must deny the application.

Currently, the applicable state agency also discloses the SSN to the department of revenue (DOR) so that DOR may determine whether the individual is delinquent in the payment of certain taxes. If the individual is delinquent, the applicable state agency must deny the application.

With certain limited exceptions, this bill deletes the provisions in current law that require an applicant for a professional, drivers, occupational, recreational or marriage license to provide his or her SSN as a condition of receiving the license. This bill also deletes the provisions that require SSNs to be included on certain records relating to judgments of divorce, support orders or paternity determinations.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB617, s. 1 Section 1. 13.63 (1) (a) of the statutes is amended to read:

AB617,4,10 13.63 (1) (a) An application for a license to act as a lobbyist may be obtained from and filed with the board. An applicant shall include his or her social security number on the application. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year.

AB617, s. 2 Section 2. 13.63 (1) (b) of the statutes is amended to read:

AB617,5,6 13.63 (1) (b) The board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay 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 or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No other application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.

AB617, s. 3 Section 3. 13.64 (1) (a) of the statutes is amended to read:

AB617,5,11 13.64 (1) (a) If the principal is an individual, the name and address of the individual's employer, if any, or the individual's principal place of business if self-employed, and a description of the business activity in which the individual or the individual's employer is engaged and the individual's social security number.

AB617, s. 4 Section 4. 13.64 (2) of the statutes is amended to read:

AB617,6,5 13.64 (2) The registration shall expire on December 31 of each even-numbered year. The board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay 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 or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

AB617, s. 5 Section 5. 19.55 (2) (d) of the statutes is amended to read:

AB617,6,11 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 (1), 1997 stats., or who registers as a principal under s. 13.64 (1), 1997 stats., except to the department of workforce development for purposes of administration of s. 49.22 or to the department of revenue for purposes of administration of s. 73.0301.

AB617, s. 6 Section 6. 29.024 (2g) (a) of the statutes is repealed.

AB617, s. 7 Section 7. 29.024 (2g) (b) of the statutes is renumbered 29.024 (2g) (e) and amended to read:

AB617,6,17 29.024 (2g) (e) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) (d) shall be considered an application for the issuance of the approval.

AB617, s. 8 Section 8. 29.024 (2g) (c) of the statutes is amended to read:

AB617,6,22 29.024 (2g) (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers number received under par. (a) s. 29.024 (2g) (a), 1997 stats., to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

AB617, s. 9 Section 9. 29.024 (2g) (d) 1. of the statutes is renumbered 29.024 (2g) (d) and amended to read:

AB617,7,12 29.024 (2g) (d) As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. any license issued under this chapter, any permit issued under s. 29.537, 29.733, 29.735, 29.736 or 29.871 and any wild rice identification card issued under s. 29.607 if the applicant for or the holder of the approval license, permit or identification card 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 or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

AB617, s. 10 Section 10. 29.024 (2g) (d) 2. of the statutes is repealed.

AB617, s. 11 Section 11. 29.024 (2r) (a) (title) of the statutes is amended to read:

AB617,7,16 29.024 (2r) (a) (title) Social security and identification Identification numbers required.

AB617, s. 12 Section 12. 29.024 (2r) (a) (intro.) of the statutes is amended to read:

AB617,7,21 29.024 (2r) (a) (intro.) The department shall require an applicant who is an individual to provide his or her social security number and an applicant who is not an individual to provide the applicant's federal employer identification number as a condition of applying for, or applying to renew, any of the following approvals:

AB617, s. 13 Section 13. 29.229 (5m) (b) of the statutes is amended to read:

AB617,8,3 29.229 (5m) (b) The band is requested to enact tribal laws or ordinances that require each person, as a condition of being issued an approval under this section, to provide to the band his or her social security number and tribal laws or ordinances that prohibit the disclosure of that number social security numbers provided to the band under s. 29.229 (5m) (b), 1997 stats., by the band to any other person except to the department of workforce development for the purpose of administering s. 49.22.

AB617, s. 14 Section 14. 29.229 (5m) (c) of the statutes is amended to read:

AB617,8,15 29.229 (5m) (c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development certifies that the applicant for or the holder of the approval has failed to pay 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.

AB617, s. 15 Section 15. 48.66 (2) of the statutes is amended to read:

AB617,8,23 48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided and that the federal employer identification numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are not individuals be provided.

AB617, s. 16 Section 16. 48.66 (2m) (a) of the statutes is amended to read:

AB617,9,8 48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual to provide that department with the applicant's social security number, and shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is not an individual to provide that department with the applicant's federal employer identification number, when initially applying for or applying to continue the license.

AB617, s. 17 Section 17. 48.66 (2m) (am) of the statutes is repealed.

AB617, s. 18 Section 18. 48.66 (2m) (b) of the statutes is amended to read:

AB617,9,18 48.66 (2m) (b) The department of health and family services may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is an individual unless the applicant has provided the applicant's social security number to that department and may not issue or continue a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to that department.

AB617, s. 19 Section 19. 48.66 (2m) (bm) of the statutes is repealed.

AB617, s. 20 Section 20. 48.66 (2m) (cm) of the statutes is amended to read:

AB617,9,24 48.66 (2m) (cm) The department of corrections may not disclose any information obtained under par. (am) s. 48.66 (2m) (am), 1997 stats., to any person except on the request of the department of workforce development under s. 49.22 (2m).