Amendment ASA1-AB768

AB768-ASA1,257,3 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1), 767.51 (3m) (c) or 767.62 (4) (b) 3.

AB768-ASA1, s. 333 Section 333. 102.33 (2) (b) 6. of the statutes is created to read:

AB768-ASA1,257,8 102.33 (2) (b) 6. The department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has underreported taxable income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

AB768-ASA1, s. 333b Section 333b. 103.005 (10) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,257,14 103.005 (10) Except as provided in ss. 103.275 (2) (bm) and (br), 103.91 (4) (b) and (c), 103.92 (6) and (7), 104.07 (5) and (6) and 105.13 (2) and (3), orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

AB768-ASA1, s. 333bm Section 333bm. 103.05 (4) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 103.05 (4) (a) and amended to read:

AB768-ASA1,257,19 103.05 (4) (a) No Except as provided in par. (b), no person may use or disclose information obtained under this section except in the administration of the program under s. 49.22 or a program specified in 42 USC 653a (h).

AB768-ASA1, s. 333bp Section 333bp. 103.05 (4) (b) of the statutes is created to read:

AB768-ASA1,258,2 103.05 (4) (b) The department may, to the extent permitted under federal law, disclose information obtained under this section to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768-ASA1, s. 333d Section 333d. 103.275 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,258,7 103.275 (2) (b) (intro.) Except as provided under par. pars. (bm) and (br), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

AB768-ASA1, s. 333e Section 333e. 103.275 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,258,16 103.275 (2) (bg) 1. The department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number , and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.

AB768-ASA1,258,23 2. The department may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,259,4 3. The subunit of the department that obtains a social security number or a federal employer identification number under subd. 1. may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333f Section 333f. 103.275 (2) (br) of the statutes is created to read:

AB768-ASA1,259,12 103.275 (2) (br) The department shall deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department of revenue certifies under s. 73.0301 that the applicant or house-to-house employer is liable for delinquent taxes. Notwithstanding sub. (7) and s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in sub. (7) and ch. 227.

AB768-ASA1, s. 333g Section 333g. 103.275 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,260,2 103.275 (7) (b) Except as provided in sub. (2) (bm) and (br), after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.

AB768-ASA1, s. 333h Section 333h. 103.275 (7) (c) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,260,14 103.275 (7) (c) Except as provided in sub. (2) (bm) and (br), the department may revoke a certificate issued under sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.

AB768-ASA1, s. 333j Section 333j. 103.91 (2) (b) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,260,22 103.91 (2) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a certificate under par. (a) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate.

AB768-ASA1,261,3 2. The department may not issue or renew a certificate under par. (a) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a certificate under par. (a) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,261,9 3. The subunit of the department that obtains a social security number or a federal employer identification number under subd. 1. may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333k Section 333k. 103.91 (4) (c) of the statutes is created to read:

AB768-ASA1,261,16 103.91 (4) (c) The department shall deny an application for the issuance or renewal of a certificate under sub. (1), or revoke such a certificate already issued, if the department of revenue certifies under. s. 73.0301 that the applicant or registrant is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 333m Section 333m. 103.92 (1) (b) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,261,24 103.92 (1) (b) 1. The department shall require each applicant for a certificate under par. (a) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a certificate under par. (a) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate.

AB768-ASA1,262,6 2. The department may not issue or renew a certificate under par. (a) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a certificate under par. (a) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,262,12 3. The subunit of the department that obtains a social security number or a federal employer identification number under subd. 1. may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under. s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333n Section 333n. 103.92 (3) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,262,23 103.92 (3) Certificate. The department shall inspect each camp for which application to operate is made, to determine if it is in compliance with the rules of the department establishing minimum standards for migrant labor camps. Except as provided under sub. subs. (6) and (7), if the department finds that the camp is in compliance with the rules, it shall issue a certificate authorizing the camp to operate until March 31 of the next year. The department shall refuse to issue a certificate if it finds that the camp is in violation of such rules or , if the person maintaining the camp has failed to pay court-ordered payments as provided in sub. (6) or if the person maintaining the camp is liable for delinquent taxes as provided in sub. (7).

AB768-ASA1, s. 333p Section 333p. 103.92 (7) of the statutes is created to read:

AB768-ASA1,263,7 103.92 (7) Liability for delinquent taxes. The department shall deny an application for the issuance or renewal of a certificate to operate a migrant labor camp, or revoke such a certificate already issued, if the department of revenue certifies under s. 73.0301 that the applicant or person operating the camp is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 333r Section 333r. 104.07 (1) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,263,14 104.07 (1) The department shall make rules and, except as provided under sub. subs. (5) and (6), grant licenses, to any employer who employs any employe unable to earn the living-wage theretofore determined upon, permitting such person to work for a wage which shall be commensurate with ability and each license so granted shall establish a wage for the licensee.

AB768-ASA1, s. 333s Section 333s. 104.07 (2) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,263,22 104.07 (2) The department shall make rules and, except as provided under sub. subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of handicapped workers unable to earn the living-wage theretofore determined upon permitting such persons to work for a wage which shall be commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.

AB768-ASA1, s. 333t Section 333t. 104.07 (4) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,264,6 104.07 (4) (a) The department shall require each applicant for a license under sub. (1) or (2) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) or (2) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

AB768-ASA1,264,12 (b) The department may not issue or renew a license under sub. (1) or (2) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a license under sub. (1) or (2) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,264,18 (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333u Section 333u. 104.07 (6) of the statutes is created to read:

AB768-ASA1,264,25 104.07 (6) The department shall deny an application for the issuance or renewal of a license under sub. (1) or (2), or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 333w Section 333w. 105.06 (1m) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,265,8 105.06 (1m) (a) The department shall require each applicant for a license under sub. (1) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

AB768-ASA1,265,14 (b) The department may not issue or renew a license under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a license under sub. (1) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,265,20 (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333x Section 333x. 105.13 (1) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,266,10 105.13 (1) The department may issue licenses to employment agents, and refuse to issue a license whenever, after investigation, the department finds that the character of the applicant makes the applicant unfit to be an employment agent or, that the applicant has failed to pay court-ordered payments as provided in sub. (2) or that the applicant is liable for delinquent taxes as provided in sub. (3), or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use. Any license granted by the department may be suspended or revoked by it upon notice to the licensee and good cause. Failure to comply with this chapter and rules promulgated thereunder, or with any lawful orders of the department, is cause to suspend or revoke a license. Failure to pay court-ordered payments as provided in sub. (2) is cause to deny, suspend, restrict, refuse to renew or otherwise withhold a license. Liability for delinquent taxes as provided in sub. (3) is cause to deny or revoke a license.

AB768-ASA1, s. 333y Section 333y. 105.13 (3) of the statutes is created to read:

AB768-ASA1,266,17 105.13 (3) The department shall deny an application for the issuance or renewal of an employment agent's license, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 334 Section 334. 106.04 (2r) (a) (intro.) of the statutes is repealed.

AB768-ASA1, s. 335 Section 335. 106.04 (2r) (a) 1. of the statutes is renumbered 101.132 (1) (a).

AB768-ASA1, s. 336 Section 336. 106.04 (2r) (a) 2. of the statutes is renumbered 101.132 (1) (b).

AB768-ASA1, s. 337m Section 337m. 106.04 (2r) (a) 3. of the statutes, as affected by 1997 Wisconsin Act 112, is renumbered 101.132 (1) (c).

AB768-ASA1, s. 338 Section 338. 106.04 (2r) (a) 4. of the statutes is renumbered 101.132 (1) (d).

AB768-ASA1, s. 339 Section 339. 106.04 (2r) (a) 5. of the statutes is renumbered 101.132 (1) (h) and amended to read:

AB768-ASA1,267,4 101.132 (1) (h) "Remodeling" "Remodel" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall does not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

AB768-ASA1, s. 340 Section 340. 106.04 (2r) (a) 6. of the statutes is renumbered 101.132 (1) (i).

AB768-ASA1, s. 341 Section 341. 106.04 (2r) (c) (intro.) of the statutes is renumbered 106.04 (2r) (c) and amended to read:

AB768-ASA1,267,15 106.04 (2r) (c) Design and construction of covered multifamily housing. In addition to discrimination prohibited under pars. (b) and (bm) and subs. (2) and (2m), no person may design or construct covered multifamily housing, as defined in s. 101.132 (1) (d), unless it meets all of the following the standards: specified in s. 101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b) 1., 2. or 3., whichever is applicable.

AB768-ASA1, s. 342 Section 342. 106.04 (2r) (c) 1. of the statutes is renumbered 101.132 (2) (a) 1.

AB768-ASA1, s. 343 Section 343. 106.04 (2r) (c) 2. of the statutes is renumbered 101.132 (2) (a) 2.

AB768-ASA1, s. 344 Section 344. 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

AB768-ASA1, s. 345 Section 345. 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

AB768-ASA1, s. 346 Section 346. 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and amended to read:

AB768-ASA1,267,25 101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

AB768-ASA1,268,4 2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

AB768-ASA1,268,10 3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (c) (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (c) (a) regardless of when the housing was first intended for occupancy.

AB768-ASA1,268,13 4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under par. (e) (c).

AB768-ASA1, s. 347 Section 347. 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and amended to read:

AB768-ASA1,268,23 101.132 (2) (c) Permit and variance procedures. 1. Plans and specifications for all covered multifamily housing subject to par. (c) (a) and proposed remodeling subject to par. (d) (b) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.

AB768-ASA1,269,11 2. The department may grant a variance from the requirements relating to exterior accessibility under par. (c) (a) 1. or (d) (b), or from administrative rules promulgated under sub. (1s) par. (e) 2. or 3., if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under par. (c) (a) or the existing site for remodeling under par. (d) (b) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under par. (c) (a) 1. or (d) (b).

AB768-ASA1, s. 348 Section 348. 106.04 (2r) (f) (title) and 1. of the statutes are renumbered 101.132 (2) (d) (title) and 1.

AB768-ASA1, s. 349 Section 349. 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2. and amended to read:

AB768-ASA1,269,20 101.132 (2) (d) 2. Subdivision 1. does not apply to remodeled or covered multifamily housing for which a building permit is issued on or after the first day of the 7th month beginning after the effective date of administrative rules promulgated by the department under this subsection establishing the accessibility standards for design and construction under par. (c) January 1, 1995.

AB768-ASA1, s. 350 Section 350. 106.04 (2r) (g) (title) and 1. of the statutes are renumbered 101.132 (2) (e) (title) and 1.

AB768-ASA1, s. 351 Section 351. 106.04 (2r) (g) 2. of the statutes is renumbered 101.132 (2) (e) 2. and amended to read:

AB768-ASA1,270,5 101.132 (2) (e) 2. The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (e) (c).

AB768-ASA1, s. 352m Section 352m. 106.04 (2r) (g) 3. of the statutes is repealed.

AB768-ASA1, s. 353 Section 353. 106.04 (6) (a) 3. of the statutes is amended to read:

AB768-ASA1,270,12 106.04 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, or by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

AB768-ASA1, s. 354 Section 354. 106.04 (6) (b) of the statutes is amended to read:

AB768-ASA1,271,2 106.04 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB768-ASA1, s. 354g Section 354g. 106.04 (9) (d) of the statutes is created to read:

AB768-ASA1,271,10 106.04 (9) (d) Nothing in this subsection prohibits a domestic abuse services organization, as defined in s. 895.67 (1) (b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes.

AB768-ASA1, s. 354m Section 354m. 109.01 (1r) of the statutes is created to read: