1997 Wisconsin Act 237

237,435m Section 435m. 218.22 (3m) (b) of the statutes is created to read:

218.22 (3m) (b) The department of transportation shall suspend or 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 suspended or revoked under this paragraph 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 section.

237,437m Section 437m. 218.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

218.22 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

237,439 Section 439 . 218.31 (1) (am) of the statutes is created to read:

218.31 (1) (am) When the applicant is a person who is not an individual, the person's federal employer identification number.

237,440m Section 440m. 218.31 (1m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (1) (ag) or (am) is not included in the application.

(b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,441g Section 441g. 218.32 (3m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 218.32 (3m) (a).

237,441m Section 441m. 218.32 (3m) (b) of the statutes is created to read:

218.32 (3m) (b) The department of transportation shall suspend or 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 suspended or revoked under this paragraph 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 section.

237,443b Section 443b. 218.32 (4) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

218.32 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

237,443bm Section 443bm. 218.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.41 (2) (a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires. If the applicant is an individual, the application shall include the applicant's social security number.

237,443d Section 443d. 218.41 (2) (am) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

218.41 (2) (am) 1. In addition to any other information required under this subsection, an application for a license under this section shall include the following:

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

b. In the case of a person that is not an individual, the person's federal employer identification number.

2. The department of transportation may not disclose any information received under subd. 1. a. or b. to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,443e Section 443e. 218.41 (3m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 218.41 (3m) (a).

237,443f Section 443f. 218.41 (3m) (b) of the statutes is created to read:

218.41 (3m) (b) 1. A license shall be denied if the applicant fails to provide the information required under sub. (2) (am) 1. a. or b.

2. A license shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

237,443g Section 443g. 218.41 (5) (d) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

218.41 (5) (d) This subsection does not apply to licenses that are suspended or revoked under sub. (3m).

237,443h Section 443h. 218.51 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.51 (3) (a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application. If the applicant is an individual, the application shall include the applicant's social security number.

237,443j Section 443j. 218.51 (3) (am) of the statutes, as created by 1997 Wisconsin Act 191, is repealed and recreated to read:

218.51 (3) (am) 1. In addition to any other information required under par. (a), an application for a buyer identification card shall include the following:

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

b. In the case of a person that is not an individual, the person's federal employer identification number.

2. The department of transportation may not disclose any information received under subd. 1. a. or b. to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

237,443k Section 443k. 218.51 (4m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 218.51 (4m) (a).

237,443m Section 443m. 218.51 (4m) (b) of the statutes is created to read:

218.51 (4m) (b) 1. A buyer identification card shall be denied if the applicant fails to provide the information required under sub. (3) (am) 1. a. or b.

2. A buyer identification card shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the cardholder is liable for delinquent taxes. A cardholder whose buyer identification card is suspended or revoked under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

237,443p Section 443p. 218.51 (5) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

218.51 (5) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (4m).

237,445m Section 445m. 224.72 (2) (c) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

224.72 (2) (c) Social security and federal employer identification numbers. 1. An application shall include the following:

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

b. In the case of a person that is not an individual, the person's federal employer identification number.

2. The department may not disclose any information received under subd. 1. to any person except as follows:

a. The department may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

b. The department may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

237,447m Section 447m. 224.72 (5) (b) of the statutes, as affected by 1997 Wisconsin Acts 145 and .... (Senate Bill 494), is repealed and recreated to read:

224.72 (5) (b) Mortgage banker and mortgage broker. Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker or a mortgage broker, the fee specified in rules promulgated under sub. (8) and satisfactory evidence of compliance with subs. (4) and (4m), the division may issue to the applicant a certificate of registration as a mortgage banker or mortgage broker.

237,449m Section 449m. 224.72 (7m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if any of the following applies:

(a) The applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1.

(b) The department of revenue has certified under s. 73.0301 that the applicant   is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

(c) The applicant for the issuance or renewal is an individual 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 or 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose registration is not issued or renewed under this paragraph for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

237,449s Section 449s. 224.77 (6) of the statutes, as created by 1997 Wisconsin Act 145, is renumbered 224.77 (6m).

237,450 Section 450 . 224.77 (7) of the statutes is created to read:

224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection 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 section.

237,450r Section 450r. 227.01 (13) (yt) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

237,451 Section 451 . 227.03 (7m) of the statutes is created to read:

227.03 (7m) Except as provided in s. 101.143 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 101.143 (6s).

237,452 Section 452. 227.44 (8) of the statutes is amended to read:

227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

237,452b Section 452b. 230.05 (8) of the statutes is amended to read:

230.05 (8) The administrator may provide any personnel testing services to nonstate governmental units and may charge for those the nonstate governmental units for providing the services.

237,452c Section 452c. 230.08 (2) (cm) of the statutes is amended to read:

230.08 (2) (cm) All positions of the university of Wisconsin system identified in s. 20.923 (4) (4g), (4m) and (5).

237,452e Section 452e. 230.08 (2) (fc) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

230.08 (2) (fc) The chief and personnel of the legislative reference bureau.

237,452f Section 452f. 230.08 (2) (fp) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

230.08 (2) (fp) The director and personnel of the integrated legislative information system staff technology services bureau.

237,452g Section 452g. 230.12 (1) (a) 1. b. of the statutes is amended to read:

230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions except positions for employes of the university of Wisconsin system which are not identified under s. 20.923 (4) or (4m), for employes of the legislature which are not identified under s. 20.923 (4), for employes of a service agency under subch. IV of ch. 13, for employes of the state court system, for employes of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer under s. 230.08 (2) (g), and for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10).

237,452n Section 452n. 230.12 (3) (e) of the statutes is amended to read:

230.12 (3) (e) University of Wisconsin system senior executives, faculty and academic staff employes. The secretary, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employe benefits for employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employe benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employe benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employes under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

237,452r Section 452r. 230.12 (5) (d) of the statutes is amended to read:

230.12 (5) (d) Individual increase limit. Except as authorized in s. 36.09 (1) (j) for a position specified in s. 20.923 (4) (j) or (4m), no appointing authority shall award an employe cumulative performance award increases or other types of cumulative within range pay adjustments exceeding a total of 10% of the employe's base pay during a fiscal year. This paragraph does not apply to a specific type of pay increase authorized by the compensation plan if the plan specifically refers to this paragraph and specifically provides that the type of pay increase referenced in the plan is not subject to this paragraph.

237,452t Section 452t. 230.80 (3) (b) of the statutes is amended to read:

230.80 (3) (b) A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under s. 20.923.

237,452v Section 452v. 233.04 (7) (g) of the statutes is amended to read:

233.04 (7) (g) A provision that protects the board of regents from all liability associated with the management, operation, use or maintenance of the on-campus facilities. No such provision shall make the authority liable for the acts or omissions of any officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, unless the officer, employe or agent acts at the direction of the authority.

237,452x Section 452x. 233.17 (2) (a) of the statutes is amended to read:

233.17 (2) (a) No officer, employe or agent of the board of regents, including any student who is enrolled at an institution or center within the University of Wisconsin System, is an agent of the authority unless the officer, employe or agent acts at the express written direction of the authority.

237,453 Section 453 . 250.05 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (5) Registration. Except as provided in sub. (8m) and s. 250.041, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

237,454 Section 454 . 250.05 (6) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in sub. (8m) and s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department.

237,455 Section 455 . 250.05 (8) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

250.05 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or suspend under this section the registration of any sanitarian for practice of fraud or deceit in obtaining the registration or any gross professional negligence, incompetence or misconduct.

237,456 Section 456 . 250.05 (8m) of the statutes is created to read: