AB100, s. 2604
5Section
2604. 101.143 (5) (a) of the statutes is created to read:
AB100,1132,96
101.143
(5) (a)
Sale of remedial equipment or supplies. If a person who received
7an award under this section sells equipment or supplies that were eligible costs for
8which the award was issued, the person shall pay the proceeds of the sale to the
9department. The proceeds shall be paid into the petroleum inspection fund.
AB100, s. 2605
10Section
2605. 101.143 (5) (am) 2. of the statutes is created to read:
AB100,1132,1111
101.143
(5) (am) 2. A person fails to make a payment required under par. (a).
AB100, s. 2606
12Section
2606. 101.143 (5) (b) of the statutes is amended to read:
AB100,1132,1613
101.143
(5) (b)
Action to recover awards. The attorney general shall take action
14as is appropriate to recover
awards moneys to which the state is entitled under par.
15(a) (am). The department shall request that the attorney general take action if the
16department discovers a fraudulent claim after an award is issued.
AB100, s. 2607
17Section
2607. 101.143 (5) (c) of the statutes is amended to read:
AB100,1132,2018
101.143
(5) (c)
Disposition of funds.
If an award is made from the petroleum
19inspection fund, the The net proceeds of
the a recovery under par. (b) shall be paid
20into the petroleum inspection fund.
AB100, s. 2608
21Section
2608. 101.143 (6m) of the statutes is created to read:
AB100,1133,222
101.143
(6m) Request for hearing. The department shall promulgate rules
23that specify the information that must be provided by a person who requests a
24hearing to contest a determination by the department under this section. The
1department may deny a request for a hearing by a person who fails to submit the
2information required by the rules promulgated under this subsection.
AB100, s. 2609
3Section
2609. 101.177 (1) (d) of the statutes is created to read:
AB100,1133,114
101.177
(1) (d) "State agency" means any office, department, agency,
5institution of higher education, association, society or other body in state
6government created or authorized to be created by the constitution or any law which
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, the Wisconsin Housing and Economic Development Authority, the Bradley
9Center Sports and Entertainment Corporation, the University of Wisconsin
10Hospitals and Clinics Authority and the Wisconsin Health and Educational
11Facilities Authority.
AB100, s. 2610
12Section
2610. 101.177 (2) (intro.) of the statutes is amended to read:
AB100,1133,1613
101.177
(2) Servicing. (intro.) No person, including a state agency,
as defined
14in s. 234.75 (10), may install or service a piece of refrigeration equipment that
15contains ozone-depleting refrigerant unless the person certifies all of the following
16to the department:
AB100, s. 2611
17Section
2611. 101.177 (3) (a) (intro.) of the statutes is amended to read:
AB100,1133,2118
101.177
(3) (a) (intro.) After December 31, 1991, no person, including a state
19agency
as defined in s. 234.75 (10), may sell used ozone-depleting refrigerant
20removed from refrigeration equipment for reuse unless the person certifies all of the
21following to the department:
AB100, s. 2612
22Section
2612. 101.64 (1) of the statutes is amended to read:
AB100,1134,223
101.64
(1) Hold hearings on any matter relating to this subchapter and issue
24subpoenas to compel the attendance of witnesses and the production of evidence at
1such hearings.
This subsection does not apply to the denial of a license application
2or a license renewal or the revocation of a license under s. 101.02 (20) (c) or (d).
AB100, s. 2613
3Section
2613. 101.84 (1) of the statutes is amended to read:
AB100,1134,74
101.84
(1) Hold hearings on any matter relating to this subchapter and issue
5subpoenas to compel the attendance of witnesses and the production of evidence at
6the hearings.
This subsection does not apply to the denial of a license application or
7license renewal or the revocation of a license under s. 101.02 (20) (c) or (d).
AB100, s. 2614
8Section
2614. 102.17 (1) (c) of the statutes is amended to read:
AB100,1135,119
102.17
(1) (c) Either party shall have the right to be present at any hearing,
10in person or by attorney, or any other agent, and to present such testimony as may
11be pertinent to the controversy before the department. No person, firm or
12corporation other than an attorney at law, duly licensed to practice law in the state,
13may appear on behalf of any party in interest before the department or any member
14or employe of the department assigned to conduct any hearing, investigation or
15inquiry relative to a claim for compensation or benefits under this chapter, unless the
16person is 18 years of age or older, does not have an arrest or conviction record, subject
17to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the
18department a license with authorization to appear in matters or proceedings before
19the department.
The Except as provided in a memorandum of understanding under
20par. (cm), the license shall be issued by the department under rules to be adopted by
21the department. There shall be maintained in the office of the department a current
22list of persons to whom licenses have been issued. Any license may be suspended or
23revoked by the department for fraud or serious misconduct
and any license may be
24denied, suspended, nonrenewed or otherwise withheld by the department for failure
25to pay court-ordered payments as provided in par. (cm) on the part of an agent.
1Before suspending or revoking the license of the agent
on the grounds of fraud or
2misconduct, the department shall give notice in writing to the agent of the charges
3of fraud or misconduct, and shall give the agent full opportunity to be heard in
4relation to the same.
In denying, suspending, restricting, refusing to renew or
5otherwise withholding a license for failure to pay court-ordered payments as
6provided in par. (cm), the department shall follow the procedure provided in a
7memorandum of understanding entered into under s. 49.857. The license and
8certificate of authority shall, unless otherwise suspended or revoked, be in force from
9the date of issuance until the June 30 following the date of issuance and may be
10renewed by the department from time to time, but each renewed license shall expire
11on the June 30 following the issuance thereof.
AB100, s. 2615
12Section
2615. 102.17 (1) (cg) of the statutes is created to read:
AB100,1135,1513
102.17
(1) (cg) 1. The department shall require each applicant for a license
14under par. (c) who is an individual to provide the department with his or her social
15security number when initially applying for or applying to renew the license.
AB100,1135,1816
2. The department may not issue or renew a license under par. (c) to or for an
17applicant who is an individual unless the applicant has provided his or her social
18security number to the department.
AB100,1135,2219
3. The subunit of the department that obtains a social security number under
20subd. 1. may disclose the social security number only on the request of the subunit
21of the department that administers the child and spousal support program under s.
2249.22 (2m).
AB100, s. 2616
23Section
2616. 102.17 (1) (cm) of the statutes is created to read:
AB100,1136,624
102.17
(1) (cm) The department shall deny, suspend, restrict, refuse to renew
25or otherwise withhold a license under par. (c) for failure of the applicant or agent to
1pay court-ordered payments of child or family support, maintenance, birth
2expenses, medical expenses or other expenses related to the support of a child or
3former spouse as provided in a memorandum of understanding entered into under
4s. 49.857. Notwithstanding par. (c), an action taken under this paragraph is subject
5to review only as provided in the memorandum of understanding entered into under
6s. 49.857 and not as provided in ch. 227.
AB100, s. 2617
7Section
2617. 102.27 (2) (a) of the statutes is amended to read:
AB100,1136,98
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
9301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).
AB100, s. 2618
10Section
2618
. 102.27 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is amended to read:
AB100,1136,1412
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
13301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1)
or, 767.51 (3m) (c)
or 767.62
14(4) (b) 3.
AB100, s. 2619
15Section
2619. 102.33 (2) (b) 5. of the statutes is created to read:
AB100,1136,1716
102.33
(2) (b) 5. The requester is the subunit of the department that
17administers child and spousal support and the request is made under s. 49.22 (2m).
AB100, s. 2620
18Section
2620. 102.87 (2) (e) of the statutes is amended to read:
AB100,1136,2119
102.87
(2) (e) The maximum forfeiture, penalty assessment, jail assessment
,
20crime laboratories assessment and any applicable uninsured employer assessment
21for which the defendant is liable.
AB100, s. 2621
22Section
2621. 102.87 (2) (g) of the statutes is amended to read:
AB100,1137,523
102.87
(2) (g) Notice that if the defendant makes a deposit and fails to appear
24in court at the time specified in the citation, the failure to appear will be considered
25tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail
1assessment
, crime laboratories assessment and any applicable uninsured employer
2assessment plus costs not to exceed the amount of the deposit. The notice shall also
3state that the court, instead of accepting the deposit and plea, may decide to summon
4the defendant or may issue an arrest warrant for the defendant upon failure to
5respond to a summons.
AB100, s. 2622
6Section
2622. 102.87 (2) (h) of the statutes is amended to read:
AB100,1137,157
102.87
(2) (h) Notice that if the defendant makes a deposit and signs the
8stipulation, the stipulation will be treated as a plea of no contest and submission to
9a forfeiture, penalty assessment, jail assessment
, crime laboratories assessment and
10any applicable uninsured employer assessment plus costs not to exceed the amount
11of the deposit. The notice shall also state that the court, instead of accepting the
12deposit and stipulation, may decide to summon the defendant or issue an arrest
13warrant for the defendant upon failure to respond to a summons, and that the
14defendant may, at any time before or at the time of the court appearance date, move
15the court for relief from the effect of the stipulation.
AB100, s. 2623
16Section
2623. 102.87 (3) of the statutes is amended to read:
AB100,1138,217
102.87
(3) A defendant issued a citation under this section may deposit the
18amount of money that the issuing department deputy or officer directs by mailing or
19delivering the deposit and a copy of the citation before the court appearance date to
20the clerk of the circuit court in the county where the violation occurred, to the
21department or to the sheriff's office or police headquarters of the officer who issued
22the citation. The basic amount of the deposit shall be determined under a deposit
23schedule established by the judicial conference. The judicial conference shall
24annually review and revise the schedule. In addition to the basic amount determined
25by the schedule the deposit shall include the penalty assessment, jail assessment,
1crime laboratories assessment, any applicable uninsured employer assessment and
2costs.
AB100, s. 2624
3Section
2624. 102.87 (4) of the statutes is amended to read:
AB100,1138,94
102.87
(4) A defendant may make a stipulation of no contest by submitting a
5deposit and a stipulation in the manner provided by sub. (3) before the court
6appearance date. The signed stipulation is a plea of no contest and submission to a
7forfeiture plus the penalty assessment, jail assessment,
crime laboratories
8assessment, any applicable uninsured employers assessment and costs not to exceed
9the amount of the deposit.
AB100, s. 2625
10Section
2625. 102.87 (5) of the statutes is amended to read:
AB100,1138,2111
102.87
(5) Except as provided by sub. (6), a person receiving a deposit shall
12prepare a receipt in triplicate showing the purpose for which the deposit is made,
13stating that the defendant may inquire at the office of the clerk of the circuit court
14regarding the disposition of the deposit, and notifying the defendant that if he or she
15fails to appear in court at the time specified in the citation he or she shall be
16considered to have tendered a plea of no contest and submitted to a forfeiture,
17penalty assessment, jail assessment
, crime laboratories assessment and any
18applicable uninsured employer assessment plus costs not to exceed the amount of the
19deposit and that the court may accept the plea. The original of the receipt shall be
20delivered to the defendant in person or by mail. If the defendant pays by check, the
21canceled check is the receipt.
AB100, s. 2626
22Section
2626. 102.87 (6) of the statutes is amended to read:
AB100,1139,623
102.87
(6) The person receiving a deposit and stipulation of no contest shall
24prepare a receipt in triplicate showing the purpose for which the deposit is made,
25stating that the defendant may inquire at the office of the clerk of the circuit court
1regarding the disposition of the deposit, and notifying the defendant that if the
2stipulation of no contest is accepted by the court the defendant will be considered to
3have submitted to a forfeiture, penalty assessment, jail assessment
, crime
4laboratories assessment and applicable uninsured employer assessment plus costs
5not to exceed the amount of the deposit. Delivery of the receipt shall be made in the
6same manner as provided in sub. (5).
AB100, s. 2627
7Section
2627. 102.87 (7) (b) of the statutes is amended to read:
AB100,1139,228
102.87
(7) (b) If the defendant has made a deposit, the citation may serve as
9the initial pleading and the defendant shall be considered to have tendered a plea
10of no contest and submitted to a forfeiture, penalty assessment, jail assessment
,
11crime laboratories assessment and any applicable uninsured employer assessment
12plus costs not to exceed the amount of the deposit. The court may either accept the
13plea of no contest and enter judgment accordingly, or reject the plea and issue a
14summons. If the defendant fails to appear in response to the summons, the court
15shall issue an arrest warrant. If the court accepts the plea of no contest, the
16defendant may, within 90 days after the date set for appearance, move to withdraw
17the plea of no contest, open the judgment and enter a plea of not guilty if the
18defendant shows to the satisfaction of the court that failure to appear was due to
19mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from
20the plea of no contest, the court may order a written complaint or petition to be filed.
21If on reopening the defendant is found not guilty, the court shall delete the record of
22conviction and shall order the defendant's deposit returned.
AB100, s. 2628
23Section
2628. 102.87 (7) (c) of the statutes is amended to read:
AB100,1140,1024
102.87
(7) (c) If the defendant has made a deposit and stipulation of no contest,
25the citation serves as the initial pleading and the defendant shall be considered to
1have tendered a plea of no contest and submitted to a forfeiture, penalty assessment,
2jail assessment
, crime laboratories assessment and any applicable uninsured
3employer assessment plus costs not to exceed the amount of the deposit. The court
4may either accept the plea of no contest and enter judgment accordingly, or reject the
5plea and issue a summons or an arrest warrant. After signing a stipulation of no
6contest, the defendant may, at any time before or at the time of the court appearance
7date, move the court for relief from the effect of the stipulation. The court may act
8on the motion, with or without notice, for cause shown by affidavit and upon just
9terms, and relieve the defendant from the stipulation and the effects of the
10stipulation.
AB100, s. 2629
11Section
2629. 102.87 (9) of the statutes is amended to read:
AB100,1140,1912
102.87
(9) A department deputy or an officer who collects a forfeiture, penalty
13assessment, jail assessment,
crime laboratories assessment, applicable insured
14employer assessment and costs under this section shall pay the money to the county
15treasurer within 20 days after its receipt. If the department deputy or officer fails
16to make timely payment, the county treasurer may collect the payment from the
17department deputy or officer by an action in the treasurer's name of office and upon
18the official bond of the department deputy or officer, with interest at the rate of 12%
19per year from the time when it should have been paid.
AB100, s. 2630
20Section
2630. 103.005 (10) of the statutes is amended to read:
AB100,1140,2421
103.005
(10) Orders Except as provided in ss. 103.26 (3), 103.275 (2) (bm),
22103.72 (3), 103.91 (4) (b), 103.92 (6), 104.07 (5) and 105.13 (2), orders of the
23department under chs. 103 to 106 shall be subject to review in the manner provided
24in ch. 227.
AB100, s. 2631
25Section
2631. 103.05 of the statutes is created to read:
AB100,1141,5
1103.05 Hiring reporting system; state directory of new hires. (1) The
2department shall establish and operate a hiring reporting system that includes a
3state directory of new hires. All requirements under the reporting system shall be
4consistent with federal laws and regulations that relate to the reporting of newly
5hired employes for support collection, or any other, purposes.
AB100,1141,8
6(2) (a) Except as provided in par. (b), every employer that employs individuals
7in the state shall provide to the department information about each newly hired
8employe.
AB100,1141,149
(b) Paragraph (a) does not apply to an employer that employs individuals in this
10state and in at least one other state, if the employer has designated, to the secretary
11of the federal department of health and human services, a state other than this state
12for the purpose of providing the information required under par. (a). An employer
13under this paragraph shall notify the department of its designation of another state
14to the secretary of the federal department of health and human services.
AB100,1141,15
15(3) The department shall specify all of the following:
AB100,1141,1616
(a) The information that employers must provide under sub. (2) (a).
AB100,1141,1817
(b) A number of different ways in which employers may report the information
18required under sub. (2) (a), including paper and electronic means.
AB100,1141,2019
(c) A timetable for the actions and procedures required under the reporting
20system, including the reporting required under sub. (2) (a).
AB100, s. 2632
21Section
2632. 103.25 (1m) of the statutes is created to read:
AB100,1142,222
103.25
(1m) (a) The department or permit officer shall require each applicant
23for a street trade permit or identification card under sub. (1) who is an individual to
24provide the department or permit officer with the applicant's social security number
1when initially applying for or applying to renew the street trade permit or
2identification card.
AB100,1142,63
(b) The department or permit officer may not issue or renew a street trade
4permit or identification card under sub. (1) to or for an applicant who is an individual
5unless the applicant has provided his or her social security number to the
6department or permit officer.
AB100,1142,107
(c) The subunit of the department or a permit officer that obtains a social
8security number under subd. 1. may disclose the social security number only on the
9request of the subunit of the department that administers the child and spousal
10support program under s. 49.22 (2m).
AB100, s. 2633
11Section
2633. 103.26 (3) of the statutes is created to read:
AB100,1142,2012
103.26
(3) The department or permit officer shall deny, suspend, restrict,
13refuse to renew or otherwise withhold a street trade permit authorizing the
14employment of a minor and identification card of a minor for failure of the minor to
15pay court-ordered payments of child or family support, maintenance, birth
16expenses, medical expenses or other expenses related to the support of a child or
17former spouse as provided in a memorandum of understanding entered into under
18s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is
19subject to review only as provided in the memorandum of understanding entered into
20under s. 49.857 and not as provided in ch. 227.
AB100, s. 2634
21Section
2634. 103.275 (2) (b) (intro.) of the statutes is amended to read:
AB100,1142,2522
103.275
(2) (b) (intro.)
Upon Except as provided in a memorandum of
23understanding under par. (bm), upon receipt of a properly completed application, the
24department shall issue a house-to-house employer certificate if all of the following
25apply:
AB100, s. 2635
1Section
2635. 103.275 (2) (bg) of the statutes is created to read:
AB100,1143,52
103.275
(2) (bg) 1. The department shall require each applicant for a
3house-to-house employer certificate under this subsection who is an individual to
4provide the department with the applicant's social security number when initially
5applying for or applying to renew the house-to-house employer certificate.
AB100,1143,86
2. The department may not issue or renew a house-to-house employer
7certificate under this subsection to or for an applicant who is an individual unless
8the applicant has provided his or her social security number to the department.
AB100,1143,129
3. The subunit of the department that obtains a social security number under
10subd. 1. may disclose the social security number only on the request of the subunit
11of the department that administers the child and spousal support program under s.
1249.22 (2m).
AB100, s. 2636
13Section
2636. 103.275 (2) (bm) of the statutes is created to read:
AB100,1143,2114
103.275
(2) (bm) The department shall deny, suspend, restrict, refuse to renew
15or otherwise withhold a house-to-house employer certificate for failure of the
16applicant or house-to-house employer to pay court-ordered payments of child or
17family support, maintenance, birth expenses, medical expenses or other expenses
18related to the support of a child or former spouse as provided in a memorandum of
19understanding entered into under s. 49.857. Notwithstanding sub. (7), an action
20taken under this paragraph is subject to review only as provided in the memorandum
21of understanding entered into under s. 49.857 and not as provided in sub. (7).
AB100, s. 2637
22Section
2637. 103.275 (7) (b) of the statutes is amended to read:
AB100,1144,923
103.275
(7) (b)
After Except as provided in sub. (2) (bm), after providing at least
2410 days' notice to a house-to-house employer, the department may, on its own or
25upon a written and signed complaint, suspend the house-to-house employer's
1certificate. The department shall serve a copy of the complaint with notice of a
2suspension of the certificate on the person complained against, and the person shall
3file an answer to the complaint with the department and the complainant within 10
4days after service. After receiving the answer, the department shall set the matter
5for hearing as promptly as possible and within 30 days after the date of filing the
6complaint. Either party may appear at the hearing in person or by attorney or agent.
7The department shall make its findings and determination concerning the
8suspension within 90 days after the date that the hearing is concluded and send a
9copy to each interested party.
AB100, s. 2638
10Section
2638. 103.275 (7) (c) of the statutes is amended to read:
AB100,1144,2011
103.275
(7) (c)
The Except as provided in sub. (2) (bm), the department may
12revoke a certificate issued under sub. (2) after holding a public hearing at a place
13designated by the department. At least 10 days prior to the revocation hearing, the
14department shall send written notice of the time and place of the revocation hearing
15to the person holding the certificate and to the person's attorney or agent of record
16by mailing the notice to their last-known address. The testimony presented and
17proceedings at the revocation hearing shall be recorded and preserved as the records
18of the department. The department shall, as soon after the hearing as possible, make
19its findings and determination concerning revocation and send a copy to each
20interested party.
AB100, s. 2639
21Section
2639. 103.70 (1m) of the statutes is created to read:
AB100,1144,2522
103.70
(1m) (a) The department or permit officer shall require each applicant
23for a permit under sub. (1) who is an individual and the minor with respect to whom
24the permit is applied for to provide the department or permit officer with the
25applicant's and minor's social security number when applying for the permit.
AB100,1145,4
1(b) The department or permit officer may not issue a permit under sub. (1) to
2an applicant who is an individual unless the applicant and the minor with respect
3to whom the permit is issued have provided his or her social security number to the
4department or permit officer.
AB100,1145,85
(c) The subunit of the department or a permit officer that obtains a social
6security number under par. (a) may disclose the social security number only on the
7request of the subunit of the department that administers the child and spousal
8support program under s. 49.22 (2m).
AB100, s. 2640
9Section
2640. 103.72 (3) of the statutes is created to read:
AB100,1145,1810
103.72
(3) The department or permit officer shall deny, suspend, restrict,
11refuse to renew or otherwise withhold a permit authorizing the employment of a
12minor for failure of the minor to pay court-ordered payments of child or family
13support, maintenance, birth expenses, medical expenses or other expenses related
14to the support of a child or former spouse as provided in a memorandum of
15understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an
16action taken under this subsection is subject to review only as provided in the
17memorandum of understanding entered into under s. 49.857 and not as provided in
18ch. 227.