1997 Wisconsin Act 191

191,341 Section 341 . 563.28 of the statutes is created to read:

563.28 Suspension or restriction of a supplier's license for delinquent child support payments. (1) If required in a memorandum of understanding entered into under s. 49.857, the department shall suspend or restrict the supplier's license of any person 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 has failed 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 relating to paternity or child support proceedings.

(2) The department shall disclose the social security number of any applicant for a supplier's license to the department of workforce development for the purpose of administering s. 49.22.

191,342 Section 342 . 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of workforce development.

191,343 Section 343. 628.04 (1) (intro.) of the statutes is amended to read:

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:

191,344 Section 344 . 628.04 (2) of the statutes is amended to read:

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.

191,345 Section 345 . 628.09 (1) of the statutes is amended to read:

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.

191,346 Section 346 . 628.09 (4) of the statutes is amended to read:

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.

191,347 Section 347 . 628.095 of the statutes is created to read:

628.095 Social security numbers on license applications or at time of fee payment. (1) Required on applications. An application for a license issued under this subchapter shall contain the social security number of the applicant if the applicant is a natural person.

(2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant, if a natural person provides his or her social security number.

(3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number if the social security number was not provided on the application for the license or previously when the annual fee was paid.

(4) Disclosure. The commissioner shall disclose a social security number obtained under sub. (1) or (3) to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

191,348 Section 348 . 628.097 of the statutes is created to read:

628.097 Refusal to issue for failure to pay support or to comply with subpoena or warrant. (1) Licenses. The commissioner shall refuse to issue to a natural person a license, including a temporary license, under this subchapter if the natural person is delinquent in 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 if the natural person 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.

(2) Extension of temporary license. The commissioner shall refuse to extend a temporary license of a natural person under s. 628.09 (4) if the natural person is delinquent in 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 if the natural person 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.

191,349 Section 349 . 628.10 (2) (c) of the statutes is created to read:

628.10 (2) (c) For failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend or limit the license of an intermediary who is a natural person, or a temporary license of a natural person under s. 628.09, if the natural person is delinquent in 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 if the natural person 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.

191,350 Section 350 . 628.10 (2) (d) of the statutes is created to read:

628.10 (2) (d) For failure to provide social security number. If an intermediary who is a natural person fails to provide a social security number as required under s. 628.095 (3), the commissioner shall suspend or limit the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid suspension or limitation. If the intermediary provides the social security number within 60 days from the effective date of the suspension, the commissioner shall reinstate the intermediary's license effective as of the date of suspension.

191,351 Section 351 . 632.68 (2) (b) (intro.) of the statutes is amended to read:

632.68 (2) (b) (intro.) A person may apply to the commissioner for a viatical settlement provider license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mm) shall accompany the application. After any investigation of the applicant that the commissioner determines is sufficient, the commissioner shall issue a viatical settlement provider license to an applicant that satisfies all of the following:

191,352 Section 352 . 632.68 (2) (b) 2. of the statutes is amended to read:

632.68 (2) (b) 2. Provides complete information on the application, including his or her social security number if the applicant is a natural person.

191,353 Section 353 . 632.68 (2) (bc) of the statutes is created to read:

632.68 (2) (bc) The commissioner shall disclose a social security number obtained under par. (b) to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

191,354 Section 354 . 632.68 (2) (bm) of the statutes is created to read:

632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection to a natural person who is delinquent in 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.

191,355 Section 355 . 632.68 (2) (c) of the statutes is amended to read:

632.68 (2) (c) If Except as provided in par. (cm), if the commissioner denies an application for a license under this subsection, the applicant may, within 20 days after receiving notice of the denial, demand a hearing. The demand shall be in writing and shall be served on the commissioner by delivering a copy to the commissioner or by leaving it at the commissioner's office. The commissioner shall hold a hearing not less than 10 days nor more than 30 days after service of the demand. Failure to demand a hearing within the required time constitutes waiver of a hearing.

191,356 Section 356 . 632.68 (2) (cm) of the statutes is created to read:

632.68 (2) (cm) If the commissioner denies an application for a license under this subsection for delinquent payments or for a failure to comply with a subpoena or warrant, the applicant is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (c).

191,357 Section 357 . 632.68 (2) (e) of the statutes is amended to read:

632.68 (2) (e) Except as provided in sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (mp) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

191,358 Section 358 . 632.68 (3) (title) of the statutes is amended to read:

632.68 (3) (title) Viatical settlement provider license; revocation, suspension, limitation or refusal to renew.

191,359 Section 359 . 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

191,360 Section 360 . 632.68 (3) (b) of the statutes is created to read:

632.68 (3) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to a natural person if the natural person is delinquent in 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 if the natural person 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.

191,361 Section 361 . 632.68 (4) (b) of the statutes is amended to read:

632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant, if a natural person, provides his or her social security number.

191,362 Section 362 . 632.68 (4) (bc) of the statutes is created to read:

632.68 (4) (bc) The commissioner shall disclose a social security number obtained under par. (b) to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

191,363 Section 363 . 632.68 (4) (bm) of the statutes is created to read:

632.68 (4) (bm) The commissioner may not issue a license under this subsection to a natural person who is delinquent in 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.

191,364 Section 364 . 632.68 (4) (c) of the statutes is amended to read:

632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

191,365 Section 365 . 632.68 (5) (title) of the statutes is amended to read:

632.68 (5) (title) Viatical settlement broker license; revocation, suspension, limitation or refusal to renew.

191,366 Section 366 . 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

191,367 Section 367 . 632.68 (5) (b) of the statutes is created to read:

632.68 (5) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person if the natural person is delinquent in 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 if the natural person 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.

191,368 Section 368 . 632.897 (10) (a) 3. of the statutes is amended to read:

632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m) or, 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

191,369 Section 369 . 633.14 (1) (d) of the statutes is created to read:

633.14 (1) (d) Provides his or her social security number.

191,370 Section 370 . 633.14 (2c) of the statutes is created to read:

633.14 (2c) The commissioner shall disclose a social security number obtained under sub. (1) (d) to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

191,371 Section 371 . 633.14 (2m) of the statutes is created to read:

633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license is delinquent in 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 if the individual 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.

191,372 Section 372 . 633.15 (1m) of the statutes is created to read:

633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

191,373 Section 373 . 633.15 (2) (a) (title) of the statutes is amended to read:

633.15 (2) (a) (title) Nonpayment of annual renewal fee or failure to provide social security number .

191,374 Section 374 . 633.15 (2) (a) 1. of the statutes is amended to read:

633.15 (2) (a) 1. If an administrator fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number as required under sub. (1m), the commissioner shall suspend the administrator's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator reasonable notice of when the fee must be paid to avoid suspension.

191,375 Section 375 . 633.15 (2) (a) 2. of the statutes is amended to read:

633.15 (2) (a) 2. If, within 60 days from the effective date of suspension under subd. 1., an administrator pays the annual renewal fee within 60 days from the effective date of suspension under subd. 1. or provides the social security number, or both if the suspension was based upon a failure to do both, the commissioner shall reinstate the administrator's license effective as of the date of suspension.

191,376 Section 376 . 633.15 (2) (a) 3. of the statutes is amended to read:

633.15 (2) (a) 3. If payment is not made or the social security number is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's license.

191,377 Section 377. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

633.15 (2) (b) 1. (intro.) The Except as provided in par. (c), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

191,378 Section 378 . 633.15 (2) (c) of the statutes is created to read:

633.15 (2) (c) Failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend, limit or refuse to renew a license issued under this section to an individual if the individual is delinquent in 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 if the individual 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.

191,379 Section 379 . 751.15 of the statutes is created to read:

751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 49.857.

(2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of workforce development for the purpose of administering s. 49.22.

(3) 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 fails to provide the information required under rules promulgated under sub. (2) 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 paternity or child support proceedings or if the department of workforce development certifies that the applicant or licensee has failed 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.

191,380 Section 380 . 757.69 (1) (n) of the statutes is created to read:

757.69 (1) (n) Hold hearings, make findings and issue orders under s. 49.856 (4).

191,381 Section 381 . 765.09 (2) of the statutes is amended to read:

765.09 (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.