AB768: Bill Text

AB768,253,6 343.672 Denial or revocation of instructor's license. The secretary shall deny an application for the issuance or renewal of an instructor's license issued under s. 343.62, or revoke an instructor's license already issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom an instructor's license is not issued or renewed, or a licensee whose instructor's license is revoked, under this section 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 subchapter.

AB768, s. 526 Section 526. 343.68 of the statutes is amended to read:

AB768,253,11 343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.662 and 343.672, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by ss. 343.64 to 343.72 occurring during any prior license period.

AB768, s. 527 Section 527. 343.69 of the statutes is amended to read:

AB768,253,20 343.69 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 or revocations of licenses under s. 343.662 or 343.672.

AB768, s. 528 Section 528. 348.27 (9m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,254,6 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.

AB768, s. 529 Section 529. 350.12 (3j) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,254,12 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10 $12.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and is valid for one year.

AB768, s. 530 Section 530. 350.12 (3j) (e) of the statutes is created to read:

AB768,254,16 350.12 (3j) (e) 1. The department may appoint any person who is not an employe of the department as the department's agent to issue trail use stickers and collect the fees for these stickers.

AB768,254,20 2. Any person, including the department, who issues a trail use sticker shall collect in addition to the fee under par. (b) an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the sticker.

AB768,254,23 3. The department shall establish by rule, procedures for issuing trail use stickers, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

AB768, s. 531 Section 531. 350.12 (3m) (a) of the statutes is amended to read:

AB768,255,4 350.12 (3m) (a) Deposited in the conservation fund. All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under s. 25.29 (1m).

AB768, s. 532 Section 532. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and amended to read:

AB768,255,13 73.0301 (1) (c) "Liable for delinquent taxes" means that a person has been finally determined by the department of revenue to be delinquent in the payment of taxes, including penalties, interest, fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and, with respect to a person who applies for or holds a license, the person remains delinquent in the payment of those taxes at the time the department requests that a request for a certification is made under s. 440.08 (2r) of liability for delinquent taxes sub. (2) (a) 1. or 2.

AB768, s. 533 Section 533. 440.03 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,255,22 440.03 (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 a place on the form for the information required under s. 440.08 (2g) (b) 440.12 (2). 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.

AB768, s. 534 Section 534. 440.03 (12) of the statutes is repealed.

AB768, s. 535 Section 535. 440.08 (2) (c) of the statutes is amended to read:

AB768,256,4 440.08 (2) (c) Renewal applications shall be submitted to the department on a form provided by the department that complies with sub. (2g) s. 440.12 (2) and, except as provided in sub. (3), shall include the applicable renewal fee specified in pars. (a) and (b).

AB768, s. 536 Section 536. 440.08 (2g) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB768, s. 537 Section 537. 440.08 (2r) of the statutes is repealed.

AB768, s. 538 Section 538. 440.08 (4) (b) of the statutes is repealed and recreated to read:

AB768,256,10 440.08 (4) (b) Applicability. This subsection does not apply to a denial of a credential renewal under s. 440.12 (4) (a) or (b).

AB768, s. 539 Section 539. 440.12 of the statutes is created to read:

AB768,256,13 440.12 Credential denial, nonrenewal and revocation based on tax delinquency. (1) In this section:

AB768,256,15 (a) "Credentialing board" means an examining board or an affiliated credentialing board in the department.

AB768,256,16 (b) "Liable for delinquent taxes" has the meaning given in s. 73.0301 (1) (c).

AB768,256,24 (2) An applicant for an initial credential granted by the department or a credentialing board, or for renewal of any credential granted under chs. 440 to 480, or for reinstatement of a license under s. 452.12 (6) (e), shall provide on the application form his or her social security number or, if the applicant is not an individual, the applicant's federal employer identification number. No social security number obtained under this subsection may be disclosed to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,257,2 (4) Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall:

AB768,257,5 (a) Deny an application for an initial credential and deny an application for credential renewal, or for reinstatement of a license under s. 452.12 (6) (e), if the applicant does not provide the information specified in sub. (2).

AB768,257,8 (b) Deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes.

AB768, s. 540 Section 540. 441.07 (2) of the statutes is amended to read:

AB768,257,12 441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 541 Section 541. 442.12 (7) of the statutes is amended to read:

AB768,257,18 442.12 (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 revoked under s. 440.12 (4) (b).

AB768, s. 542 Section 542. 443.11 (6) of the statutes is amended to read:

AB768,258,4 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12 (4) (b), providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

AB768, s. 543 Section 543. 443.12 (4) of the statutes is amended to read:

AB768,258,9 443.12 (4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under s. 440.12 (4) (b).

AB768, s. 544 Section 544. 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

AB768,258,16 445.13 (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 revoked under s. 440.12 (4) (b).

AB768, s. 545 Section 545. 446.05 (2) of the statutes is amended to read:

AB768,258,21 446.05 (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 revoked under s. 440.12 (4) (b).

AB768, s. 546 Section 546. 447.07 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB768,259,2 447.07 (5) The examining board may reinstate a license or certificate that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 547 Section 547. 449.07 (3) of the statutes is amended to read:

AB768,259,7 449.07 (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 revoked under s. 440.12 (4) (b).

AB768, s. 548 Section 548. 452.12 (6) (e) (intro.) of the statutes is amended to read:

AB768,259,11 452.12 (6) (e) (intro.) Beginning on January 1, 1996 Except as provided in s. 440.12 (4) (a) and (b), the department shall reinstate an inactive licensee's original license as follows:

AB768, s. 549 Section 549. 452.18 of the statutes is amended to read:

AB768,259,15 452.18 Court review. Orders Except as provided in s. 73.0301 (2) (b) 1. a. and 2., orders of the board and department shall be subject to review as provided in ch. 227.

AB768, s. 550 Section 550. 455.09 (3) of the statutes is amended to read:

AB768,259,22 455.09 (3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 551 Section 551. 456.11 (1) and (2) of the statutes are amended to read:

AB768,260,3 456.11 (1) The examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4) (b).

AB768,260,7 (2) Application for the reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4) (b).

AB768, s. 552 Section 552. 551.32 (1) (bm) of the statutes is created to read:

AB768,260,10 551.32 (1) (bm) 1. In addition to the information required under par. (b), an application under par. (a) shall contain the following:

AB768,260,11 a. In the case of an individual, the individual's social security number.

AB768,260,13 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768,260,16 2. The division may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 553 Section 553. 551.34 (1m) of the statutes is created to read:

AB768,260,24 551.34 (1m) 1. The division shall deny an application for the issuance or renewal of a license if the applicant fails to provide the information required under s. 551.32 (1) (bm) 1. or if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for the issuance or renewal of a license is denied under this subdivision 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, hearing or review under this subchapter.

AB768,261,5 2. The division shall 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 revoked under this subdivision 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, hearing or review under this subchapter.

AB768, s. 554 Section 554. 560.145 of the statutes is created to read:

AB768,261,10 560.145 Revolving loan fund capitalization. (1) Grants. Subject to sub. (3), the department may make a grant to a person from the appropriation under s. 20.143 (1) (c) for the capitalization of a revolving loan fund if all of the following apply:

AB768,261,12 (a) The purpose of the revolving loan fund is to promote local or regional economic development.

AB768,261,14 (b) The person submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB768,261,17 (c) The person enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB768,261,19 (d) The person agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).

AB768,261,22 (2) Report on use of proceeds. A person receiving a grant under this section shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB768,261,24 (3) Limit on grants. The department may not award in a fiscal biennium more than $500,000 in grants under this section.

AB768, s. 555 Section 555. 560.147 of the statutes is created to read:

AB768,262,3 560.147 Rapid response fund. (1) Loans. Subject to sub. (4), the department may make a loan to a person from the appropriations under s. 20.143 (1) (c) and (ie) for a project described in sub. (2) if all of the following apply:

AB768,262,5 (a) The person submits a plan to the department detailing the proposed use of the loan and the secretary approves the plan.

AB768,262,8 (b) The person enters into a written agreement with the department that specifies the conditions for use of the loan proceeds, including reporting and auditing requirements, and the loan repayment terms.

AB768,262,10 (c) The person agrees in writing to submit to the department the report required under sub. (3) by the time required under sub. (3).

AB768,262,12 (d) The person contributes, from funds not provided by the state, not less than 25% of the cost of the project.

AB768,262,14 (e) The amount that the person contributes under par. (d) does not exceed $250,000.

AB768,262,16 (2) Eligible projects. (a) Loans under this section may be used only for any of the following purposes:

AB768,262,17 1. The renovation or improvement of an existing building.

AB768,262,18 2. The purchase of land, an existing building, machinery or equipment.

AB768,262,19 3. The construction of a new building.

AB768,262,21 (b) The purpose of the renovation, purchase or construction under par. (a) must be to foster economic development in the area of the project.

AB768,262,24 (3) Report on use of proceeds. A person receiving a loan under this section shall submit to the department, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

AB768,263,2 (4) Limit on loans. The department may not award in a fiscal biennium more than $2,000,000 in loans under this section.