AB725: Bill Text

AB725,10,14 138.09 (3) (am) 5. The applicant is an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The division shall mail the individual written notice that he or she is in default and that his or her application will be refused until he or she is not in default.

AB725, s. 20 Section 20. 138.09 (4) (d) of the statutes is created to read:

AB725,10,22 138.09 (4) (d) The division shall suspend a license issued under this section to an individual if the individual is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The division shall mail the individual written notice that he or she is in default and that his or her license will be suspended if the default continues for more than 90 days after the division mails the notice.

AB725, s. 21 Section 21. 146.51 (4) of the statutes is created to read:

AB725,11,9 146.51 (4) The department shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may restrict a license, training permit or certification specified in sub. (1), if the applicant is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license or permit will be refused until he or she is not in default or that his or her license, training permit or certification will be suspended or restricted if the default continues for more than 90 days after the department mails the notice.

AB725, s. 22 Section 22. 165.85 (3) (c) of the statutes is amended to read:

AB725,11,15 165.85 (3) (c) Except as provided under sub. subs. (3m) (a) and (3s), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or secure detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

AB725, s. 23 Section 23. 165.85 (3) (cm) of the statutes is amended to read:

AB725,12,7 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated or, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who default on a student loan, who fail 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 or who fail 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. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure 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 or for failure 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 shall be done as provided under sub. (3m) (a).

AB725, s. 24 Section 24. 165.85 (3s) of the statutes is created to read:

AB725,12,18 165.85 (3s) Duties related to student loans. The board shall refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The board shall mail the individual written notice that he or she is in default and that his or her request for certification will be refused until he or she is not in default or that his or her recertification will be refused if the default continues for more than 90 days after the board mails the notice.

AB725, s. 25 Section 25. 165.85 (4) (d) of the statutes is amended to read:

AB725,12,24 165.85 (4) (d) Except as provided under sub. subs. (3m) (a) and (3s), the board shall issue a certificate evidencing satisfaction of the requirements of pars. (b), (bn) and (c) to any applicant who presents such evidence, as is required by its rules, of satisfactory completion of requirements equivalent in content and quality to those fixed by the board under the board's authority as set out in pars. (b), (bn) and (c).

AB725, s. 26 Section 26. 165.85 (4) (f) of the statutes is amended to read:

AB725,13,6 165.85 (4) (f) Except as provided under sub. subs. (3m) (a) and (3s), and in addition to certification procedures under pars. (a) to (d), the board may certify any person as being a tribal law enforcement officer on the basis of the person's completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under sub. (3) (c) prior to certification as a tribal law enforcement officer.

AB725, s. 27 Section 27. 224.72 (7m) (d) of the statutes is created to read:

AB725,13,15 224.72 (7m) (d) The applicant for the issuance or renewal is an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a certificate of registration will be refused until he or she is not in default or that his or her certificate of registration will not be renewed if the default continues for more than 90 days after the department mails the notice.

AB725, s. 28 Section 28. 224.77 (6s) of the statutes is created to read:

AB725,13,24 224.77 (6s) Student loan default. The department shall restrict or suspend the registration of a mortgage banker, loan originator or mortgage broker if the registrant is an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her registration will be restricted or suspended if the default continues for more than 90 days after the department mails the notice.

AB725, s. 29 Section 29. 250.041 (4) of the statutes is created to read:

AB725,14,13 250.041 (4) The department shall deny an application for the issuance or renewal of a registration, license, certification, approval, permit or certificate specified in sub. (1) (a), (b), (c), (d) and (f) or may suspend or restrict a registration, license, certification, approval, permit or certificate specified in sub. (1) (a), (b), (c), (d) and (f) if the applicant for or holder of the registration, license, certification, approval, permit or certificate is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for an approval, certificate, certification, license or registration will be refused until he or she is not in default or that his or her approval, certificate, certification, license or registration will be restricted or suspended if the default continues for more than 90 days after the department mails the notice.

AB725, s. 30 Section 30. 299.08 (3) of the statutes is created to read:

AB725,14,25 299.08 (3) The department shall deny the application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a) 1., 2., 3., 6. or 7., or shall suspend a license, registration or certification specified in sub. (1) (a) 1., 2., 3., 6. or 7., of an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license, registration or certification will be refused until he or she is not in default or that his or her license, registration or certification will be suspended if the default continues for more than 90 days after the department mails the notice.

AB725, s. 31 Section 31. 343.345 (title) of the statutes is amended to read:

AB725,15,3 343.345 (title) Restriction, limitation , denial or suspension of operating privilege certain licenses.

AB725, s. 32 Section 32. 343.345 of the statutes is renumbered 343.345 (1).

AB725, s. 33 Section 33. 343.345 (2) of the statutes is created to read:

AB725,15,13 343.345 (2) The department shall restrict, limit, deny or suspend an individual's commercial driver license if the individual is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her application will be refused until he or she is not in default or that his or her license will be restricted, limited or suspended if the default continues for more than 90 days after the department mails the notice.

AB725, s. 34 Section 34. 343.675 (3) of the statutes is created to read:

AB725,15,23 343.675 (3) The secretary shall deny, restrict, limit or suspend any instructor's license issued under s. 343.62 or refuse to issue a renewal for such license if the applicant or licensee is an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default or that his or her license will be restricted, suspended, limited or not renewed if the default continues for more than 90 days after the department mails the notice.

AB725, s. 35 Section 35. 343.69 of the statutes is amended to read:

AB725,16,9 343.69 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 (1) or (2).

AB725, s. 36 Section 36. 440.01 (1) (gs) of the statutes is created to read:

AB725,16,13 440.01 (1) (gs) "Student loan" means a loan to provide educational assistance to a borrower that is made, insured or guaranteed by a federal or state governmental agency.

AB725, s. 37 Section 37. 440.14 of the statutes is created to read:

AB725,16,25 440.14 Default of student loan. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department or credentialing board shall deny an application for an initial credential or credential renewal or revoke a credential if the individual is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department or credentialing board shall mail the individual written notice that he or she is in default and that his or her request for credentialing will be refused until he or she is not in default or that his or her credential will be revoked or not renewed if the default continues for more than 90 days after the department or credentialing board mails the notice.

AB725, s. 38 Section 38. 442.12 (7) of the statutes is amended to read:

AB725,17,6 442.12 (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) or that is revoked under s. 440.12 or 440.14.

AB725, s. 39 Section 39. 445.13 (2) of the statutes is amended to read:

AB725,17,12 445.13 (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) or that is revoked under s. 440.12 or 440.14.

AB725, s. 40 Section 40. 446.05 (2) of the statutes is amended to read:

AB725,17,18 446.05 (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) or that is revoked under s. 440.12 or 440.14.

AB725, s. 41 Section 41. 449.07 (3) of the statutes is amended to read:

AB725,17,24 449.07 (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) or that is revoked under s. 440.12 or 440.14.

AB725, s. 42 Section 42. 551.34 (1m) (d) of the statutes is created to read:

AB725,18,9 551.34 (1m) (d) The division shall deny an application for the issuance or renewal of a license under this subchapter or restrict or suspend a license under this subchapter if the individual is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The division shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default or that his or her license will be restricted, suspended or not renewed if the default continues for more than 90 days after the division mails the notice.

AB725, s. 43 Section 43. 562.05 (5) (a) 11. of the statutes is created to read:

AB725,18,15 562.05 (5) (a) 11. If an individual, the individual is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default.

AB725, s. 44 Section 44. 562.05 (8) (f) of the statutes is created to read:

AB725,18,23 562.05 (8) (f) The department shall restrict, suspend or not renew the license of any individual who is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her license will be restricted, suspended or not renewed if the default continues for more than 90 days after the department mails the notice.

AB725, s. 45 Section 45. 628.097 (1) (c) of the statutes is created to read:

AB725,19,7 628.097 (1) (c) The commissioner shall refuse to issue to an individual a license, including a temporary license, under this subchapter if the individual is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her license or temporary license will be will be refused until he or she is not in default.

AB725, s. 46 Section 46. 628.10 (2) (cs) of the statutes is created to read:

AB725,19,16 628.10 (2) (cs) For failure to pay a student loan. The commissioner shall suspend or limit the license of an intermediary who is an individual, or a temporary license of an individual under s. 628.09, if the individual is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her license will be suspended or limited if the default continues for more than 90 days after the department mails the notice.

AB725, s. 47 Section 47. 632.68 (2) (bm) 3. of the statutes is created to read:

AB725,19,24 632.68 (2) (bm) 3. Notwithstanding par. (b), the commissioner may not issue a license under this subsection to an individual if the individual is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The commissioner shall mail the individual written notice that he or she is in default and that his or her application will be refused until he or she is not in default.

AB725, s. 48 Section 48. 632.68 (3) (b) 3. of the statutes is created to read:

AB725,20,8 632.68 (3) (b) 3. The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to an individual if the individual is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The commissioner shall mail the individual written notice that he or she is in default and that his or her license will be suspended, limited or not renewed if the default continues for more than 90 days after the commissioner mails the notice.

AB725, s. 49 Section 49. 751.15 (4) of the statutes is created to read:

AB725,20,17 751.15 (4) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee is in default on a student loan. If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The rule should provide that written notice of the default be mailed to the individual stating that his or her request for a license will be refused until he or she is not in default or that his or her license will be restricted, suspended or not renewed if the default continues for more than 90 days after the notice is mailed.

AB725, s. 50 Section 50. Nonstatutory provisions.

AB725,20,21 (1) The supreme court is requested to promulgate rules under section 751.15 (4) of the statutes, as created by this act, so that those rules are effective beginning on the effective date of this subsection.

AB725, s. 51 Section 51. Initial applicability.

AB725,20,25 (1) This act first applies to applications for initial or renewal certificates, certifications, licenses, training permits, registrations and approvals that are received on the effective date of this subsection.

AB725, s. 52 Section 52. Effective date.

AB725,21,3 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB725,21,4 (End)