AB617: Bill Text

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).

AB617, s. 21 Section 21. 49.48 (1) of the statutes is repealed.

AB617, s. 22 Section 22. 49.48 (2) of the statutes is amended to read:

AB617,10,5 49.48 (2) The department of health and family services may not disclose any information received under sub. (1) s. 49.48 (1), 1997 stats., to any person except to the department of workforce development for the purpose of making certifications required under s. 49.857.

AB617, s. 23 Section 23. 49.48 (3) of the statutes is amended to read:

AB617,10,18 49.48 (3) The department of health and family services shall deny an application for the issuance or renewal of a certification specified in sub. (1) under s. 49.45 (2) (a) 11., shall suspend a certification specified in sub. (1) under s. 49.45 (2) (a) 11. or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) under s. 49.45 (2) (a) 11. if the department of workforce development certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of 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 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.

AB617, s. 24 Section 24. 49.853 (3) (a) of the statutes is amended to read:

AB617,11,3 49.853 (3) (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the financial institution matching option under this subsection, the department shall provide a financial institution with information regarding delinquent obligors. The information shall be provided at least once each calendar quarter and shall include the obligor's name and, if known, the obligor's social security number. The information shall be provided to the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information required under this paragraph shall be provided to the financial institution by an automated data exchange.

AB617, s. 25 Section 25. 49.853 (3) (b) of the statutes is amended to read:

AB617,11,18 49.853 (3) (b) Each financial institution receiving information under par. (a) shall take actions necessary to determine whether any obligor has an ownership interest in an account maintained at the financial institution. If the financial institution determines that an obligor has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the obligor's name, address of record, social security number or other taxpayer identification number and account information and, if known, the obligor's social security number or other taxpayer identification number. The information regarding the obligor's account shall include the account number, the account type, the nature of the obligor's ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB617, s. 26 Section 26. 49.853 (4) (a) of the statutes is amended to read:

AB617,12,6 49.853 (4) (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the state matching option under this subsection, the financial institution shall provide the department with information concerning all accounts maintained at the financial institution at least once each calendar quarter. For each account maintained at the financial institution, the financial institution shall notify the department of the name and, if known, the social security number or other tax identification number of each person having an ownership interest in the account, together with a description of each person's interest. The information required under this paragraph shall be provided in the manner specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB617, s. 27 Section 27. 49.854 (2) (b) of the statutes is amended to read:

AB617,12,15 49.854 (2) (b) Statewide support lien docket. The department shall maintain a statewide support lien docket. The department shall provide a copy of the statewide support lien docket to the register of deeds and the county child support agency of each county in this state, and to each state agency that titles personal property. Each entry in the statewide support lien docket shall contain the name and, if known, the social security number of the obligor and shall contain the date that the lien is entered in the docket, as well as the amount of the lien as of the time that the entry is made.

AB617, s. 28 Section 28. 49.857 (1) (d) 6. of the statutes is amended to read:

AB617,12,18 49.857 (1) (d) 6. A license, registration, registration certificate or certification specified in s. 93.135 (1) (1m).

AB617, s. 29 Section 29. 49.857 (1) (d) 16. of the statutes is amended to read:

AB617,12,21 49.857 (1) (d) 16. A license, registration or certification specified in s. 299.08 (1) (a) (am).

AB617, s. 30 Section 30. 49.857 (2) (a) of the statutes is amended to read:

AB617,13,5 49.857 (2) (a) The department of workforce development shall establish a system, in accordance with federal law, under which a licensing authority is requested, and a licensing agency or credentialing board is required, to restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license in a timely manner upon certification by and in cooperation with the department of workforce development, if the individual holding or applying for the license is delinquent in making court-ordered payments of support or fails to comply, after appropriate notice, with a subpoena or warrant.

AB617, s. 31 Section 31. 49.857 (2) (b) 4. of the statutes is repealed.

AB617, s. 32 Section 32. 49.857 (2) (b) 5. of the statutes is amended to read:

AB617,13,11 49.857 (2) (b) 5. Procedures for safeguarding the confidentiality of information about an individual, including social security numbers obtained by the department of workforce development, the licensing authority, the licensing agency or a credentialing board.

AB617, s. 33 Section 33. 50.498 (1) (intro.) of the statutes is amended to read:

AB617,13,17 50.498 (1) (intro.) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or that is not an individual to provide the department with the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

AB617, s. 34 Section 34. 51.032 (1) (intro.) of the statutes is amended to read:

AB617,13,23 51.032 (1) (intro.) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or that is not an individual to provide the department with the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

AB617, s. 35 Section 35. 69.15 (3) (d) of the statutes is repealed.

AB617, s. 36 Section 36. 69.17 of the statutes is amended to read:

AB617,14,7 69.17 Divorce report. At the end of every biweekly period, the clerk of any court which conducts divorce proceedings under ch. 767 shall forward to the state registrar, on a form supplied by the state registrar, a report of every divorce or annulment of marriage granted during the biweekly period. The form supplied by the state registrar shall require that provide a space for recording the social security numbers of the parties to the divorce or annulment, if known, and the social security number of any child of the parties be provided, if known.

AB617, s. 37 Section 37. 73.03 (50) of the statutes is amended to read:

AB617,14,20 73.03 (50) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which, except as provided in s. 73.0302, is valid for 2 years, and for renewing that certificate and, except as provided in s. 73.0302, shall issue and renew those certificates if the person who wishes to obtain or renew a certificate applies on a form that the department prescribes; sets forth the name under which the applicant intends to operate, the location of the applicant's place of operations, the social security number of the applicant if the applicant is a natural person and the other information that the department requires; and, in the case of a sole proprietor, signs the form or, in the case of other persons, has an individual who is authorized to act on behalf of the person sign the form, or, in the case of a single-owner entity that is disregarded as a separate entity under section 7701 of the Internal Revenue Code, the person is the owner.

AB617, s. 38 Section 38. 73.03 (50m) of the statutes is amended to read:

AB617,15,4 73.03 (50m) To enter into a memorandum of understanding with the department of workforce development under s. 49.857. The department of revenue shall suspend, refuse to issue or refuse to renew any certificate issued under sub. (50) as provided in the memorandum of understanding entered into under s. 49.857. Notwithstanding ss. 71.78 and 77.61 (5), the department of revenue shall disclose to the department of workforce development the an applicant's social security number of any applicant for a certificate issued received under sub. (50) s. 73.03 (50), 1997 stats., as provided in the memorandum of understanding.

AB617, s. 39 Section 39. 73.0301 (2) (c) 1. (intro.) and b. of the statutes are consolidated, renumbered 73.0301 (2) (c) 1. and amended to read:

AB617,15,10 73.0301 (2) (c) 1. Each licensing department and the supreme court may require a holder of a license, if the license holder is not an individual, to provide the following information upon request: b. If the license holder is not an individual, the license holder's federal employer identification number.

AB617, s. 40 Section 40. 73.0301 (2) (c) 1. a. of the statutes is repealed.

AB617, s. 41 Section 41. 73.09 (6m) of the statutes is amended to read:

AB617,15,18 73.09 (6m) Social Disclosure of social security numbers. Each applicant for certification or recertification under this section shall provide the applicant's social security number on the application. The department of revenue may not disclose a social security number that it obtains under this subsection. The department of revenue may not certify or recertify any person who fails to provide his or her social security number on his or her application s. 73.09 (6m), 1997 stats.

AB617, s. 42 Section 42. 93.135 (1) of the statutes is renumbered 93.135 (1m) and 93.135 (1m) (intro.), as renumbered, is amended to read:

AB617,15,24 93.135 (1m) (intro.) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing In this section, "license, registration, registration certificate or certification" means any of the following:

AB617, s. 43 Section 43. 93.135 (2) of the statutes is amended to read:

AB617,16,4 93.135 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) s. 93.135 (1), 1997 stats., to any person except to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB617, s. 44 Section 44. 93.135 (3) of the statutes is amended to read:

AB617,16,15 93.135 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure 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 relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

AB617, s. 45 Section 45. 101.02 (20) (b) of the statutes is amended to read:

AB617,16,25 101.02 (20) (b) The department of commerce may not issue or renew a license unless each applicant who is an individual provides the department of commerce with his or her social security number and each applicant that is not an individual provides the department of commerce with its federal employer identification number. The department of commerce may not disclose the a social security number of an applicant for a license or license renewal received under s. 101.02 (20) (b), 1997 stats., or the federal employer identification number of an applicant for a license or license renewal received under this paragraph except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.