AB100: Bill Text

AB100, s. 2625 Section 2625. 102.87 (5) of the statutes is amended to read:

AB100,1138,21 102.87 (5) Except as provided by sub. (6), a person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time specified in the citation he or she shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit and that the court may accept the plea. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the canceled check is the receipt.

AB100, s. 2626 Section 2626. 102.87 (6) of the statutes is amended to read:

AB100,1139,6 102.87 (6) The person receiving a deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, penalty assessment, jail assessment , crime laboratories assessment and applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as provided in sub. (5).

AB100, s. 2627 Section 2627. 102.87 (7) (b) of the statutes is amended to read:

AB100,1139,22 102.87 (7) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from the plea of no contest, the court may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB100, s. 2628 Section 2628. 102.87 (7) (c) of the statutes is amended to read:

AB100,1140,10 102.87 (7) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment, crime laboratories assessment and any applicable uninsured employer assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time before or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

AB100, s. 2629 Section 2629. 102.87 (9) of the statutes is amended to read:

AB100,1140,19 102.87 (9) A department deputy or an officer who collects a forfeiture, penalty assessment, jail assessment, crime laboratories assessment, applicable insured employer assessment and costs under this section shall pay the money to the county treasurer within 20 days after its receipt. If the department deputy or officer fails to make timely payment, the county treasurer may collect the payment from the department deputy or officer by an action in the treasurer's name of office and upon the official bond of the department deputy or officer, with interest at the rate of 12% per year from the time when it should have been paid.

AB100, s. 2630 Section 2630. 103.005 (10) of the statutes is amended to read:

AB100,1140,24 103.005 (10) Orders Except as provided in ss. 103.26 (3), 103.275 (2) (bm), 103.72 (3), 103.91 (4) (b), 103.92 (6), 104.07 (5) and 105.13 (2), orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

AB100, s. 2631 Section 2631. 103.05 of the statutes is created to read:

AB100,1141,5 103.05 Hiring reporting system; state directory of new hires. (1) The department shall establish and operate a hiring reporting system that includes a state directory of new hires. All requirements under the reporting system shall be consistent with federal laws and regulations that relate to the reporting of newly hired employes for support collection, or any other, purposes.

AB100,1141,8 (2) (a) Except as provided in par. (b), every employer that employs individuals in the state shall provide to the department information about each newly hired employe.

AB100,1141,14 (b) Paragraph (a) does not apply to an employer that employs individuals in this state and in at least one other state, if the employer has designated, to the secretary of the federal department of health and human services, a state other than this state for the purpose of providing the information required under par. (a). An employer under this paragraph shall notify the department of its designation of another state to the secretary of the federal department of health and human services.

AB100,1141,15 (3) The department shall specify all of the following:

AB100,1141,16 (a) The information that employers must provide under sub. (2) (a).

AB100,1141,18 (b) A number of different ways in which employers may report the information required under sub. (2) (a), including paper and electronic means.

AB100,1141,20 (c) A timetable for the actions and procedures required under the reporting system, including the reporting required under sub. (2) (a).

AB100, s. 2632 Section 2632. 103.25 (1m) of the statutes is created to read:

AB100,1142,2 103.25 (1m) (a) The department or permit officer shall require each applicant for a street trade permit or identification card under sub. (1) who is an individual to provide the department or permit officer with the applicant's social security number when initially applying for or applying to renew the street trade permit or identification card.

AB100,1142,6 (b) The department or permit officer may not issue or renew a street trade permit or identification card under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department or permit officer.

AB100,1142,10 (c) The subunit of the department or a permit officer that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2633 Section 2633. 103.26 (3) of the statutes is created to read:

AB100,1142,20 103.26 (3) The department or permit officer shall deny, suspend, restrict, refuse to renew or otherwise withhold a street trade permit authorizing the employment of a minor and identification card of a minor for failure of the minor 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2634 Section 2634. 103.275 (2) (b) (intro.) of the statutes is amended to read:

AB100,1142,25 103.275 (2) (b) (intro.) Upon Except as provided in a memorandum of understanding under par. (bm), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

AB100, s. 2635 Section 2635. 103.275 (2) (bg) of the statutes is created to read:

AB100,1143,5 103.275 (2) (bg) 1. The department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number when initially applying for or applying to renew the house-to-house employer certificate.

AB100,1143,8 2. The department may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1143,12 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2636 Section 2636. 103.275 (2) (bm) of the statutes is created to read:

AB100,1143,21 103.275 (2) (bm) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a house-to-house employer certificate for failure of the applicant or house-to-house employer 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding sub. (7), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in sub. (7).

AB100, s. 2637 Section 2637. 103.275 (7) (b) of the statutes is amended to read:

AB100,1144,9 103.275 (7) (b) After Except as provided in sub. (2) (bm), after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.

AB100, s. 2638 Section 2638. 103.275 (7) (c) of the statutes is amended to read:

AB100,1144,20 103.275 (7) (c) The Except as provided in sub. (2) (bm), the department may revoke a certificate issued under sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.

AB100, s. 2639 Section 2639. 103.70 (1m) of the statutes is created to read:

AB100,1144,25 103.70 (1m) (a) The department or permit officer shall require each applicant for a permit under sub. (1) who is an individual and the minor with respect to whom the permit is applied for to provide the department or permit officer with the applicant's and minor's social security number when applying for the permit.

AB100,1145,4 (b) The department or permit officer may not issue a permit under sub. (1) to an applicant who is an individual unless the applicant and the minor with respect to whom the permit is issued have provided his or her social security number to the department or permit officer.

AB100,1145,8 (c) The subunit of the department or a permit officer that obtains a social security number under par. (a) may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2640 Section 2640. 103.72 (3) of the statutes is created to read:

AB100,1145,18 103.72 (3) The department or permit officer shall deny, suspend, restrict, refuse to renew or otherwise withhold a permit authorizing the employment of a minor for failure of the minor 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2641 Section 2641. 103.91 (2) of the statutes is renumbered 103.91 (2) (a) and amended to read:

AB100,1145,25 103.91 (2) (a) A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under 7 USC 2045 in lieu of the forms prescribed by the department under this subsection paragraph.

AB100, s. 2642 Section 2642. 103.91 (2) (b) of the statutes is created to read:

AB100,1146,4 103.91 (2) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the certificate.

AB100,1146,7 2. The department may not issue or renew a certificate under par. (a) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1146,11 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2643 Section 2643. 103.91 (4) of the statutes is renumbered 103.91 (4) (a).

AB100, s. 2644 Section 2644. 103.91 (4) (b) of the statutes is created to read:

AB100,1146,21 103.91 (4) (b) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate of registration under sub. (1) for failure of the applicant 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2645 Section 2645. 103.92 (1) of the statutes is renumbered 103.92 (1) (a) and amended to read:

AB100,1147,2 103.92 (1) (a) Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department for a certificate to operate a camp. Each application shall be accompanied by an application fee in an amount determined by the department.

AB100, s. 2646 Section 2646. 103.92 (1) (b) of the statutes is created to read:

AB100,1147,6 103.92 (1) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the certificate.

AB100,1147,9 2. The department may not issue or renew a certificate under par. (a) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1147,13 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2647 Section 2647. 103.92 (3) of the statutes is amended to read:

AB100,1147,23 103.92 (3) Certificate. The department shall inspect each camp for which application to operate is made, to determine if it is in compliance with the rules of the department establishing minimum standards for migrant labor camps. If Except as provided in a memorandum of understanding under sub. (6), if the department finds that the camp is in compliance with the rules, it shall issue a certificate authorizing the camp to operate until March 31 of the next year. The department shall refuse to issue a certificate if it finds that the camp is in violation of such rules or if the person maintaining the camp has failed to pay court-ordered payments as provided in sub. (6).

AB100, s. 2648 Section 2648. 103.92 (6) of the statutes is created to read:

AB100,1148,9 103.92 (6) Failure to pay support; memorandum of understanding. The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate to operate a migrant labor camp for failure of the applicant or person operating the camp 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in a memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2649 Section 2649. 104.01 (7) of the statutes is amended to read:

AB100,1148,19 104.01 (7) "Student learner" means a student who is receiving instruction in an accredited school and who is employed on a part-time basis, pursuant to a bona fide school training program. A "bona fide school training program" means a program authorized and approved by the department of education public instruction or the technical college system board, or other recognized educational body, and provided for part-time employment training which may be scheduled for a part of the workday or workweek, supplemented by and integrated with, a definitely organized plan of instruction and where proper scholastic credit is given by the accredited school.

AB100, s. 2650 Section 2650. 104.07 (1) of the statutes is amended to read:

AB100,1148,25 104.07 (1) The department shall make rules and, except as provided in a memorandum of understanding under sub. (5), grant licenses, to any employer who employs any employe unable to earn the living-wage theretofore determined upon, permitting such person to work for a wage which shall be commensurate with ability and each license so granted shall establish a wage for the licensee.

AB100, s. 2651 Section 2651. 104.07 (2) of the statutes is amended to read:

AB100,1149,8 104.07 (2) The department shall make rules and, except as provided in a memorandum of understanding under sub. (5), grant licenses to sheltered workshops to permit the employment of handicapped workers unable to earn the living-wage theretofore determined upon permitting such persons to work for a wage which shall be commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.

AB100, s. 2652 Section 2652. 104.07 (4) of the statutes is created to read:

AB100,1149,12 104.07 (4) (a) The department shall require each applicant for a license under sub. (1) or (2) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the license.

AB100,1149,15 (b) The department may not issue or renew a license under sub. (1) or (2) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1149,19 (c) The subunit of the department that obtains a social security number under par. (a) may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2653 Section 2653. 104.07 (5) of the statutes is created to read:

AB100,1150,3 104.07 (5) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under sub. (1) or (2) for failure of the 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2654 Section 2654. 105.06 (1m) of the statutes is created to read:

AB100,1150,7 105.06 (1m) (a) The department shall require each applicant for a license under sub. (1) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the license.

AB100,1150,10 (b) The department may not issue or renew a license under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB100,1150,14 (c) The subunit of the department that obtains a social security number under par. (a) may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB100, s. 2655 Section 2655. 105.13 of the statutes is renumbered 105.13 (1) and amended to read:

AB100,1151,2 105.13 (1) The department may issue licenses to employment agents, and refuse to issue a license whenever, after investigation, the department finds that the character of the applicant makes the applicant unfit to be an employment agent or that the applicant has failed to pay court-ordered payments as provided in sub. (2), or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use. Any license granted by the department may be suspended or revoked by it upon notice to the licensee and good cause. Failure to comply with this chapter and rules promulgated thereunder, or with any lawful orders of the department, is cause to suspend or revoke a license. Failure to pay court-ordered payments as provided in sub. (2) is cause to deny, suspend, restrict, refuse to renew or otherwise withhold a license.

AB100, s. 2656 Section 2656. 105.13 (2) of the statutes is created to read:

AB100,1151,11 105.13 (2) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold an employment agent's license for failure of the 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 as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), any action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB100, s. 2657 Section 2657. 106.04 (2r) (a) 4. a. of the statutes is amended to read:

AB100,1151,15 106.04 (2r) (a) 4. a. Housing that is first ready for occupancy on or after October 1, 1993, consisting of 3 4 or more dwelling units if the housing has one or more elevators.

AB100, s. 2658 Section 2658. 106.04 (2r) (a) 4. b. of the statutes is amended to read:

AB100,1151,19 106.04 (2r) (a) 4. b. Grade-level dwelling units, in housing without elevators, that are first ready for occupancy on or after October 1, 1993, consisting of 3 4 or more dwelling units.

AB100, s. 2659 Section 2659. 106.04 (2r) (c) 1. of the statutes is amended to read:

AB100,1152,4 106.04 (2r) (c) 1. There is at least one accessible entrance for each building and that entrance is on an accessible route. All other entrances that are at grade level shall be accessible to the greatest extent feasible. The department shall promulgate rules that define "to the greatest extent feasible" to ensure maximum accessibility in a way that is not disproportionate to the entire project's cost and scope. If the covered multifamily housing units are at grade level and are served by separate entrances, each unit shall be on an accessible route. If the units have a minimum number of required exits, as determined by rules that shall be promulgated by the department, all required grade-level exits shall be accessible.