1997 Wisconsin Act 191

191,289 Section 289 . 341.51 (4) (am) of the statutes is created to read:

341.51 (4) (am) If the applicant is an individual, the social security number of the individual.

191,290 Section 290 . 341.51 (4g) of the statutes is created to read:

341.51 (4g) (a) The department shall deny an application for the issuance or renewal of registration if an individual has not included his or her social security number in the application.

(b) The department of transportation may not disclose a social security number obtained under sub. (4) (am) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

191,291 Section 291 . 341.51 (4m) of the statutes is created to read:

341.51 (4m) A registration shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

191,292 Section 292 . 342.06 (1) (eg) of the statutes is created to read:

342.06 (1) (eg) If the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

191,293 Section 293 . 342.10 (1) (bm) of the statutes is created to read:

342.10 (1) (bm) Notwithstanding s. 342.02 (2), if the applicant is named in a statewide support lien docket provided under s. 49.854 (2) (b), a notation stating “Per section 49.854 (2) of the Wisconsin Statutes, the state of Wisconsin has a lien on this vehicle for unpaid support."

191,294 Section 294 . 343.14 (2j) of the statutes is created to read:

343.14 (2j) (a) Subject to any exceptions provided for in a memorandum of understanding entered into under s. 49.857 (2), the department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application.

(b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

191,295 Section 295 . 343.305 (6) (e) of the statutes is created to read:

343.305 (6) (e) 1. In this paragraph, “licensor" means the department, either the department of health and family services or the department of transportation, issuing a permit or laboratory approval under this subsection.

2. a. In addition to any other information required by a licensor, an application by an individual for a permit or laboratory approval under this subsection shall include the individual's social security number. The licensor may not disclose any information received under this subd. 2. a. to any person except the department of workforce development for the sole purpose of administering s. 49.22.

b. The licensor shall deny an application for the issuance or, if applicable, an application for the renewal of a permit or laboratory approval if the information required under subd. 2. a. is not included in the application.

3. A permit or laboratory approval under this subsection shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

191,296 Section 296 . 343.345 of the statutes is created to read:

343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

191,297 Section 297 . 343.50 (8) (b) of the statutes is amended to read:

343.50 (8) (b) The department shall not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

191,298 Section 298 . 343.61 (2) of the statutes is renumbered 343.61 (2) (a) and amended to read:

343.61 (2) (a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. If the applicant is an individual, the application shall include the applicant's social security number.

191,299 Section 299 . 343.61 (2) (b) of the statutes is created to read:

343.61 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

191,300 Section 300 . 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

343.62 (2) (a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. The application shall include the applicant's social security number.

191,301 Section 301 . 343.62 (2) (b) of the statutes is created to read:

343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

191,302 Section 302 . 343.64 of the statutes is renumbered 343.64 (1).

191,303 Section 303 . 343.64 (2) of the statutes is created to read:

343.64 (2) The secretary shall deny the application of any individual for the issuance or renewal of a driver school license if the individual has not included his or her social security number in the application.

191,304 Section 304 . 343.65 of the statutes is renumbered 343.65 (1).

191,305 Section 305 . 343.65 (2) of the statutes is created to read:

343.65 (2) The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.

191,306 Section 306 . 343.66 (6) of the statutes is amended to read:

343.66 (6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (7) (1) (g).

191,307 Section 307 . 343.665 of the statutes is created to read:

343.665 Denial, restriction, limitation or suspension of driver school license. The secretary shall deny, restrict, limit or suspend any driver school license issued under s. 343.61 or refuse to issue a renewal for such license if the applicant or licensee is an individual who is delinquent in making 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

191,308 Section 308 . 343.675 of the statutes is created to read:

343.675 Denial, restriction, limitation or suspension of instructor's license. 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 delinquent in making 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

191,309 Section 309 . 343.68 of the statutes is amended to read:

343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.665 and 343.675, 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.

191,310 Section 310 . 343.69 of the statutes is amended to read:

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.

191,311 Section 311 . 349.19 of the statutes is amended to read:

349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development or a county child support agency under under s. 59.53 (5).

191,312 Section 312 . 440.03 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

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 All forms shall include a place on the form for the information required under s. 440.08 (2g) (b) sub. (11m) (a). 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.

191,313 Section 313 . 440.03 (11m) of the statutes is created to read:

440.03 (11m) (a) Each application form for a credential issued or renewed under chs. 440 to 480 shall provide a space for the department to require each of the following to provide his or her social security number:

1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

2. An applicant for reinstatement of an inactive license under s. 452.12 (6) (e).

(b) The department shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form.

191,314 Section 314 . 440.035 (5) of the statutes is created to read:

440.035 (5) Deny an application for an initial credential granted by the examining board or affiliated credentialing board if any information required under s. 440.03 (11m) (a) is not included in the application form. An examining board or affiliated credentialing may not disclose a social security number included on an application form except to the department of regulation and licensing or the department of workforce development for purposes of administering s. 49.22, and to the department of revenue for the sole purpose of making the determination required under s. 440.08 (2r).

191,315 Section 315 . 440.08 (2) (c) of the statutes is amended to read:

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

191,316 Section 316 . 440.08 (2g) (title) of the statutes is repealed.

191,317 Section 317 . 440.08 (2g) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

191,318 Section 318 . 440.08 (2g) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 440.03 (11m) (c) and amended to read:

440.03 (11m) (c) Neither the The department nor any examining board or affiliated credentialing board of regulation and licensing may not disclose a social security number obtained from an applicant for credential renewal on a form established under s. 440.03 (7) par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of making the determination required under sub. s. 440.08 (2r).

191,319 Section 319 . 440.08 (4) (a) of the statutes is amended to read:

440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential. This paragraph does not apply to a denial of an application for credential renewal under s. 440.13 (2) (b).

191,320 Section 320 . 440.13 of the statutes is created to read:

440.13 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section:

(a) “Credentialing board" means an examining board or an affiliated credentialing board in the department.

(b) “Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development under s. 49.857.

(c) “Support" has the meaning given in s. 49.857 (1) (g).

(2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:

(a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails 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 support or paternity proceedings.

(b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails 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 support or paternity proceedings.

(c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.

191,321 Section 321 . 440.43 (5) of the statutes is amended to read:

440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development or a county child support agency under s. 59.53 (5).

191,322 Section 322 . 440.44 (10) of the statutes is amended to read:

440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development or a county child support agency under s. 59.53 (5).

191,323 Section 323 . 440.92 (6) (d) of the statutes is amended to read:

440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

191,324 Section 324 . 440.93 (2) of the statutes is amended to read:

440.93 (2) The department shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

191,325 Section 325 . 442.12 (7) of the statutes is amended to read:

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).

191,326 Section 326 . 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

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).

191,327 Section 327 . 446.05 (2) of the statutes is amended to read:

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).