Amendment ASA2-AB651

AB651-ASA2,156,11 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials of applications of licenses under s. 343.665 or 343.675.

AB651-ASA2, s. 312 Section 312. 349.19 of the statutes is amended to read:

AB651-ASA2,156,21 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development or a county child support agency under under s. 59.53 (5).

AB651-ASA2, s. 313 Section 313. 440.03 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651-ASA2,157,5 440.03 (7) The department shall establish the style, content and format of all credentials and of all forms for applying for any credential issued or renewed under chs. 440 to 480. When establishing the format of credential renewal application forms, the department shall provide All forms shall include a place on the form for the information required under s. 440.08 (2g) (b) sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

AB651-ASA2, s. 314 Section 314. 440.03 (11m) of the statutes is created to read:

AB651-ASA2,157,9 440.03 (11m) (a) Each application form for a credential issued or renewed under chs. 440 to 480 shall provide a space for the department to require each of the following to provide his or her social security number:

AB651-ASA2,157,12 1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

AB651-ASA2,157,13 2. An applicant for reinstatement of an inactive license under s. 452.12 (6) (e).

AB651-ASA2,157,17 (b) The department shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form.

AB651-ASA2, s. 315 Section 315. 440.035 (5) of the statutes is created to read:

AB651-ASA2,158,2 440.035 (5) Deny an application for an initial credential granted by the examining board or affiliated credentialing board if any information required under s. 440.03 (11m) (a) is not included in the application form. An examining board or affiliated credentialing may not disclose a social security number included on an application form except to the department of regulation and licensing or the department of workforce development for purposes of administering s. 49.22, and to the department of revenue for the sole purpose of making the determination required under s. 440.08 (2r).

AB651-ASA2, s. 316 Section 316. 440.08 (2) (c) of the statutes is amended to read:

AB651-ASA2,158,7 440.08 (2) (c) Renewal applications shall be submitted to the department on a form provided by the department that complies with sub. (2g) and, except Except as provided in sub. (3), renewal applications shall include the applicable renewal fee specified in pars. (a) and (b).

AB651-ASA2, s. 317 Section 317. 440.08 (2g) (title) of the statutes is repealed.

AB651-ASA2, s. 318 Section 318. 440.08 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB651-ASA2, s. 319 Section 319. 440.08 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 440.03 (11m) (c) and amended to read:

AB651-ASA2,158,19 440.03 (11m) (c) Neither the The department nor any examining board or affiliated credentialing board of regulation and licensing may not disclose a social security number obtained from an applicant for credential renewal on a form established under s. 440.03 (7) par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of making the determination required under sub. s. 440.08 (2r).

AB651-ASA2, s. 320 Section 320. 440.08 (4) (a) of the statutes is amended to read:

AB651-ASA2,159,9 440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential. This paragraph does not apply to a denial of an application for credential renewal under s. 440.13 (2) (b).

AB651-ASA2, s. 321 Section 321. 440.13 of the statutes is created to read:

AB651-ASA2,159,12 440.13 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section:

AB651-ASA2,159,14 (a) "Credentialing board" means an examining board or an affiliated credentialing board in the department.

AB651-ASA2,159,17 (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development under s. 49.857.

AB651-ASA2,159,18 (c) "Support" has the meaning given in s. 49.857 (1) (g).

AB651-ASA2,159,21 (2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:

AB651-ASA2,160,3 (a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support 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 support or paternity proceedings.

AB651-ASA2,160,8 (b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support 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 support or paternity proceedings.

AB651-ASA2,160,12 (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.

AB651-ASA2, s. 322 Section 322. 440.43 (5) of the statutes is amended to read:

AB651-ASA2,160,19 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development or a county child support agency under s. 59.53 (5).

AB651-ASA2, s. 323 Section 323. 440.44 (10) of the statutes is amended to read:

AB651-ASA2,161,2 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development or a county child support agency under s. 59.53 (5).

AB651-ASA2, s. 324 Section 324. 440.92 (6) (d) of the statutes is amended to read:

AB651-ASA2,161,9 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

AB651-ASA2, s. 325 Section 325. 440.93 (2) of the statutes is amended to read:

AB651-ASA2,161,13 440.93 (2) The department shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

AB651-ASA2, s. 326 Section 326. 442.12 (7) of the statutes is amended to read:

AB651-ASA2,161,19 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is suspended under s. 440.13 (2) (c).

AB651-ASA2, s. 327 Section 327. 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

AB651-ASA2,162,2 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c).

AB651-ASA2, s. 328 Section 328. 446.05 (2) of the statutes is amended to read:

AB651-ASA2,162,7 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c).

AB651-ASA2, s. 329 Section 329. 448.02 (3) (e) of the statutes is amended to read:

AB651-ASA2,162,17 448.02 (3) (e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

AB651-ASA2, s. 330 Section 330. 449.07 (3) of the statutes is amended to read:

AB651-ASA2,162,22 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c).

AB651-ASA2, s. 331 Section 331. 452.12 (6) (e) (intro.) of the statutes is amended to read:

AB651-ASA2,163,3 452.12 (6) (e) (intro.) Beginning on January 1, 1996, the Except as provided in ss. 440.03 (11m) (b) and 440.13 (2) (a), the department shall reinstate an inactive licensee's original license as follows:

AB651-ASA2, s. 332 Section 332. 459.10 (2) (a) (intro.) of the statutes is amended to read:

AB651-ASA2,163,7 459.10 (2) (a) (intro.) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

AB651-ASA2, s. 333 Section 333. 459.34 (2m) (a) (intro.) of the statutes is amended to read:

AB651-ASA2,163,11 459.34 (2m) (a) (intro.) An individual whose license or limited permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

AB651-ASA2, s. 334 Section 334. 480.24 (3) (intro.) of the statutes is amended to read:

AB651-ASA2,163,16 480.24 (3) (intro.) The board may, as a condition of removing a limitation imposed under this chapter on a certificate issued under this chapter or of reinstating a certificate that has been suspended or revoked under this chapter, do any of the following:

AB651-ASA2, s. 335 Section 335. 551.32 (1) (bm) of the statutes is created to read:

AB651-ASA2,163,20 551.32 (1) (bm) 1. In addition to the information required under par. (b), an application under par. (a) by an individual shall contain the individual's social security number.

AB651-ASA2,163,23 2. The division may not disclose any information received under subd. 1. to any person except the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB651-ASA2, s. 336 Section 336. 551.34 (1m) of the statutes is created to read:

AB651-ASA2,164,13 551.34 (1m) (a) The division shall deny an application for the issuance or renewal of a license under this subchapter if the applicant is an individual who fails to provide his or her social security number, 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 paragraph 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.

AB651-ASA2,164,24 (b) The division shall restrict or suspend a license under this subchapter if the licensee 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. A licensee whose license 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 and is not entitled to any other notice or hearing under this section.

AB651-ASA2, s. 337 Section 337. 562.05 (1c) of the statutes is created to read:

AB651-ASA2,165,3 562.05 (1c) If the applicant for a license under this section is an individual, the department may not issue or renew a license if the individual has not provided his or her social security number.

AB651-ASA2, s. 338 Section 338. 562.05 (5) (a) 9. of the statutes is created to read:

AB651-ASA2,165,11 562.05 (5) (a) 9. The person 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 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 relating to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

AB651-ASA2, s. 339 Section 339. 562.05 (7) (am) of the statutes is created to read:

AB651-ASA2,165,14 562.05 (7) (am) The department shall require each person who is subject to an investigation under par. (a) to provide his or her social security number.

AB651-ASA2, s. 340 Section 340. 562.05 (8) (d) of the statutes is created to read:

AB651-ASA2,165,23 562.05 (8) (d) If required in a memorandum of understanding entered into under s. 49.857, the department shall suspend or restrict or not renew the license of any person 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 or who 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 relating to paternity or child support proceedings.

AB651-ASA2, s. 341 Section 341. 562.05 (8m) of the statutes is created to read:

AB651-ASA2,166,3 562.05 (8m) The department shall disclose the social security number of any applicant for a license to the department of workforce development for the purpose of administering s. 49.22.

AB651-ASA2, s. 342 Section 342. 563.28 of the statutes is created to read:

AB651-ASA2,166,13 563.28 Suspension or restriction of a supplier's license for delinquent child support payments. (1) If required in a memorandum of understanding entered into under s. 49.857, the department shall suspend or restrict the supplier's license of any person 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 or who 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 relating to paternity or child support proceedings.

AB651-ASA2,166,16 (2) The department shall disclose the social security number of any applicant for a supplier's license to the department of workforce development for the purpose of administering s. 49.22.

AB651-ASA2, s. 343 Section 343. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB651-ASA2,167,5 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of workforce development.

AB651-ASA2, s. 344 Section 344. 628.04 (1) (intro.) of the statutes is amended to read:

AB651-ASA2,167,9 628.04 (1) Conditions and qualifications. (intro.) The Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who:

AB651-ASA2, s. 345 Section 345. 628.04 (2) of the statutes is amended to read:

AB651-ASA2,167,19 628.04 (2) Surplus lines agents or brokers. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a license as an agent or broker authorized to place business under s. 618.41 if the applicant shows to the satisfaction of the commissioner that in addition to the qualifications necessary to obtain a general license under sub. (1), the applicant has the competence to deal with the problems of surplus lines insurance. The commissioner may by rule require an agent or broker authorized to place business under s. 618.41 to supply a bond not larger than $100,000, conditioned upon proper performance of obligations as a surplus lines agent or broker.

AB651-ASA2, s. 346 Section 346. 628.09 (1) of the statutes is amended to read:

AB651-ASA2,168,4 628.09 (1) Issuance of license. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 3 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business. This subsection does not apply to life insurance agents.

AB651-ASA2, s. 347 Section 347. 628.09 (4) of the statutes is amended to read:

AB651-ASA2,168,12 628.09 (4) Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A Except as provided in s. 628.097, a temporary license may be extended beyond the initial period specified under sub. (1), for additional periods of not more than 3 months each, with the total period not to exceed 12 months in the aggregate. A temporary license may not continue after the owner or the personal representative disposes of the business.

AB651-ASA2, s. 348 Section 348. 628.095 of the statutes is created to read:

AB651-ASA2,168,17 628.095 Social security numbers on license applications or at time of fee payment. (1) Required on applications. An application for a license issued under this subchapter shall contain the social security number of the applicant if the applicant is a natural person.

AB651-ASA2,168,20 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant, if a natural person provides his or her social security number.

AB651-ASA2,168,24 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number if the social security number was not provided on the application for the license or previously when the annual fee was paid.

AB651-ASA2,169,4 (4) Disclosure. The commissioner shall disclose a social security number obtained under sub. (1) or (3) to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.