AB768: Bill Text

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Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended.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or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12 (4) (b), providing 3 members of the architect section, 3 members of the landscape architect section, 3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.

AB768,263,5 (5) Deposit of repayments. The department shall deposit in the appropriation account under s. 20.143 (1) (ie) all moneys received in repayment of loans under this section.

AB768, s. 556 Section 556. 560.17 (5c) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,263,9 560.17 (5c) (b) The total amount of grants awarded under this subsection in any fiscal year may not exceed $200,000 $500,000.

AB768, s. 557 Section 557. 560.183 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,263,14 560.183 (3) (b) The agreement shall specify that the responsibility of the department to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jm).

AB768, s. 558 Section 558. 560.183 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,263,19 560.183 (5) (a) The obligation of the department to make payments under an agreement entered into under sub. (3) (b) is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jm).

AB768, s. 559 Section 559. 560.183 (5) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,2 560.183 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.143 (1) (f), (jc) and (jm), the department shall establish priorities among the eligible applicants based upon the following considerations:

AB768, s. 560 Section 560. 560.183 (6m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.183 (6m) (a).

AB768, s. 561 Section 561. 560.183 (6m) (b) of the statutes is created to read:

AB768,264,7 560.183 (6m) (b) Any penalties assessed and collected under this subsection shall be credited to the appropriation account under s. 20.143 (1) (jc).

AB768, s. 562 Section 562. 560.184 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,12 560.184 (3) (b) The agreement shall specify that the responsibility of the department to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jL).

AB768, s. 563 Section 563. 560.184 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,17 560.184 (5) (a) The obligation of the department to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jL).

AB768, s. 564 Section 564. 560.184 (5) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,24 560.184 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.143 (1) (f), (jc) and (jL), the department shall establish priorities among the eligible applicants based upon the following considerations:

AB768, s. 565 Section 565. 560.184 (6m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.184 (6m) (a).

AB768, s. 566 Section 566. 560.184 (6m) (b) of the statutes is created to read:

AB768,265,5 560.184 (6m) (b) Any penalties assessed and collected under this subsection shall be credited to the appropriation account under s. 20.143 (1) (jc).

AB768, s. 567 Section 567. 628.04 (1) (intro.) of the statutes is amended to read:

AB768,265,9 628.04 (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:

AB768, s. 568 Section 568. 628.04 (2) of the statutes is amended to read:

AB768,265,19 628.04 (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.

AB768, s. 569 Section 569. 628.09 (1) of the statutes is amended to read:

AB768,266,4 628.09 (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.

AB768, s. 570 Section 570. 628.09 (4) of the statutes is amended to read:

AB768,266,12 628.09 (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.

AB768, s. 571 Section 571. 628.095 of the statutes is created to read: