1997 Wisconsin Act 237

218.02 (3) (d) That the applicant has not been certified under s. 73.0301 by the department of revenue as being liable for delinquent taxes.

237,408 Section 408 . 218.02 (6) (c) of the statutes is created to read:

218.02 (6) (c) In accordance with s. 73.0301, the division shall revoke a license if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes.

237,409g Section 409g. 218.02 (9) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 218.02 (9) (a) (intro.) and amended to read:

218.02 (9) (a) (intro.) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. This paragraph does not apply to applications any of the following:

2. Applications for licenses that are denied or licenses that are restricted or suspended because the applicant or licensee has failed 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 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.

237,409r Section 409r. 218.02 (9) (a) 1. of the statutes is created to read:

218.02 (9) (a) 1. Applications for licenses that are denied, or licenses that are   revoked, because the department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

237,410m Section 410m. 218.04 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.04 (3) (a) 1. Application for licenses under the provisions of this section shall be made to the division in writing, under oath, on a form to be prescribed by the division. All licenses shall expire on June 30 next following their date of issue. An application for a license under this section shall include the following:

a. If the applicant is an individual, the applicant's social security number.

b. If the applicant is not an individual, the applicant's federal employer identification number.

2. The division may not disclose any information received under subd. 1. to any person except as follows:

a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

237,413m Section 413m. 218.04 (4) (am) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.04 (4) (am) The division may not issue or renew a license under this section if any of the following applies:

1. The applicant fails to provide the information required under sub. (3) (a) 1.

2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant for whom a license is not issued or renewed 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.

3. The applicant 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 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 application is denied 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.

237,414 Section 414 . 218.04 (5) (ar) of the statutes is created to read:

218.04 (5) (ar) The division shall revoke a license issued under this section if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license 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) but is not entitled to any other notice or hearing under this section.

237,415 Section 415 . 218.04 (5) (b) of the statutes is amended to read:

218.04 (5) (b) No Except as provided in pars. (am) and (ar), no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license and this shall be deemed the equivalent of delivering the notice of hearing and complaint to the licensee.

237,416m Section 416m. 218.05 (3) (am) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section shall include the following:

a. If the applicant is an individual, the applicant's social security number.

b. If the applicant is not an individual, the applicant's federal employer identification number.

2. The division may not disclose any information received under subd. 1. to any person except as follows:

a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

237,417m Section 417m. 218.05 (4) (c) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.05 (4) (c) In addition to the grounds for denial of a license under par. (a), the division shall deny an application for a license under this section if any of the following applies:

1. The applicant fails to provide the information required under sub. (3) (am) 1.

2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. 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.

3. The applicant is an individual who 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 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 application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any notice or hearing under par. (b).

237,418m Section 418m. 218.05 (11) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.05 (11) Renewal. Every licensee shall, on or before December 20, pay to the division the sum of $300 as an annual license fee for the next succeeding calendar year and, at the same time, shall file with the division the annual bond and insurance policy or policies in the same amount and of the same character as required by subs. (3) (c) and (6). The division may not renew a license under this section if any of the following applies:

(a) The renewal applicant fails to provide the information required under sub. (3) (am) 1.

(b) The department of revenue certifies under s. 73.0301 that the renewal applicant is liable for delinquent taxes. An applicant whose application is not renewed under this paragraph 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.

(c) The renewal applicant is an individual who 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 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 application is denied under this subsection for delinquent payments or failure to comply with a subpoena or warrant is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to any other notice or hearing under this section.

237,419 Section 419 . 218.05 (12) (ar) of the statutes is created to read:

218.05 (12) (ar) The division shall revoke a license under this section if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license 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) but is not entitled to any other notice or hearing under this section.

237,420 Section 420 . 218.05 (12) (b) of the statutes is amended to read:

218.05 (12) (b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply. A revocation under pars. (am) and (ar) applies to all of the licenses issued to the licensee.

237,421 Section 421 . 218.05 (12) (e) of the statutes is amended to read:

218.05 (12) (e) No Except as provided under pars. (am) and (ar), no license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.

237,422m Section 422m. 218.11 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed and recreated to read:

218.11 (2) (a) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under par. (c) or (d).

237,424m Section 424m. 218.11 (2) (am) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

218.11 (2) (am) 1. In addition to any other information required under par. (a), an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.

2. The licensor shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

3. The licensor may not disclose any information received under subd. 1. to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,425g Section 425g. 218.11 (6m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 218.11 (6m) (a).

237,425m Section 425m. 218.11 (6m) (b) of the statutes is created to read:

218.11 (6m) (b) The licensor shall suspend or revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or 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) but is not entitled to any other notice or hearing under this section.

237,427m Section 427m. 218.11 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.11 (7) (b) No license may be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under sub. (6m).

237,429m Section 429m. 218.12 (2) (am) 2. of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

218.12 (2) (am) 2. The licensor may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,430g Section 430g. 218.12 (3m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 218.12 (3m) (a).

237,430m Section 430m. 218.12 (3m) (b) of the statutes is created to read:

218.12 (3m) (b) The licensor shall suspend or revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or 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) but is not entitled to any other notice or hearing under this section.

237,431m Section 431m. 218.12 (5) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial or, suspension or revocation of a license under sub. (3m).

237,433 Section 433 . 218.21 (2) (am) of the statutes is created to read:

218.21 (2) (am) If the applicant is a person who is not an individual, the person's federal employer identification number.

237,434m Section 434m. 218.21 (2m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.21 (2m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (2) (ag) or (am) is not included in the application.

(b) The department of transportation may not disclose any information received under sub. (2) (ag) or (am) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,435g Section 435g. 218.22 (3m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 218.22 (3m) (a).

237,435m Section 435m. 218.22 (3m) (b) of the statutes is created to read:

218.22 (3m) (b) The department of transportation shall suspend or revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or 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) but is not entitled to any other notice or hearing under this section.

237,437m Section 437m. 218.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

218.22 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

237,439 Section 439 . 218.31 (1) (am) of the statutes is created to read:

218.31 (1) (am) When the applicant is a person who is not an individual, the person's federal employer identification number.

237,440m Section 440m. 218.31 (1m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (1) (ag) or (am) is not included in the application.

(b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,441g Section 441g. 218.32 (3m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 218.32 (3m) (a).

237,441m Section 441m. 218.32 (3m) (b) of the statutes is created to read:

218.32 (3m) (b) The department of transportation shall suspend or revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or 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) but is not entitled to any other notice or hearing under this section.

237,443b Section 443b. 218.32 (4) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

218.32 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

237,443bm Section 443bm. 218.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.41 (2) (a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires. If the applicant is an individual, the application shall include the applicant's social security number.

237,443d Section 443d. 218.41 (2) (am) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

218.41 (2) (am) 1. In addition to any other information required under this subsection, an application for a license under this section shall include the following: