AB100: Bill Text

AB100, s. 3181 Section 3181. 217.09 (1r) of the statutes is created to read:

AB100,1315,23 217.09 (1r) The division shall revoke any license issued under this chapter if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked 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 chapter.

AB100, s. 3182 Section 3182. 217.09 (4) of the statutes is amended to read:

AB100,1316,7 217.09 (4) The division shall revoke or suspend only the authorization to operate at the location with respect to which grounds for revocation or suspension apply, but if the division finds that such grounds for revocation or suspension apply to more than one location operated by such licensee, then the division shall revoke or suspend all of the authorizations of the licensee to which such grounds apply. Suspensions under sub. (1m) and revocations under sub. (1r) shall suspend or revoke the authorization to operate at all locations operated by the licensee.

AB100, s. 3183 Section 3183. 217.09 (6) of the statutes is amended to read:

AB100,1316,10 217.09 (6) The Except for a license revoked under sub. (1r), the division may on its own motion issue a new license when a license has been revoked.

AB100, s. 3184 Section 3184. 218.01 (2) (h) 3. of the statutes is amended to read:

AB100,1316,23 218.01 (2) (h) 3. An applicant or licensee furnishing information under subd. 1. may designate the information as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The licensor shall notify the applicant or licensee providing the information 15 days before any information designated as a trade secret or as confidential business information is disclosed to the legislature, a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s. 605.01 (1), or any other person. The applicant or licensee furnishing the information may seek a court order limiting or prohibiting the disclosure. In such cases, the court shall weigh the need for confidentiality of the information against the public interest in the disclosure. A designation under this subdivision does not apply to any information requested by the department of industry, labor and job development under s. 49.22 (2m).

AB100, s. 3185 Section 3185. 218.01 (2) (ie) of the statutes is created to read:

AB100,1317,9 218.01 (2) (ie) 1. In addition to any other information required under this subsection, an application by an individual for the issuance or renewal of a license described in par. (d) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in par. (d) 1., 2., 3. or 5. shall include the person's federal employer identification number. The licensor may not disclose any information received under this subdivision to any person except 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.

AB100,1317,11 2. The licensor shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

AB100, s. 3186 Section 3186. 218.01 (2) (ig) of the statutes is created to read:

AB100,1317,15 218.01 (2) (ig) 1. In addition to any other information required under this subsection, an application for a license described in par. (dr) shall include the following:

AB100,1317,16 a. In the case of an individual, the individual's social security number.

AB100,1317,18 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB100,1317,20 2. The licensor may not disclose any information received under subd. 1. to any person except as follows:

AB100,1317,22 a. The licensor may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1317,25 b. The licensor 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.

AB100, s. 3187 Section 3187. 218.01 (3) (ag) of the statutes is created to read:

AB100,1318,6 218.01 (3) (ag) 1. A license described in sub. (2) (d) shall be denied, restricted, limited or suspended if the applicant or licensee 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.

AB100,1318,9 2. A license described in par. (d) 1., 2., 3. or 5. shall be denied or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1318,12 3. No provision of this section that entitles an applicant or licensee to a notice or hearing applies to a denial, restriction, limitation, suspension or revocation of a license under this paragraph.

AB100, s. 3188 Section 3188. 218.01 (3) (am) of the statutes is created to read:

AB100,1318,15 218.01 (3) (am) 1. A license described in sub. (2) (dr) shall be denied if any of the follow applies:

AB100,1318,16 a. The applicant fails to provide the information required under sub. (2) (ig) 1.

AB100,1318,21 b. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose license is denied under this subd. 1. b. 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 subsection.

AB100,1319,2 c. The applicant 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100,1319,10 2. A license described in sub. (2) (dr) shall be restricted or suspended if the 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100,1319,15 3. A license described in sub. (2) (dr) shall be revoked if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is 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 subsection.

AB100, s. 3189 Section 3189. 218.01 (7a) (a) of the statutes is amended to read:

AB100,1319,25 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form or in an automated format other than the certificate of title.

AB100, s. 3190 Section 3190. 218.015 (2) (c) of the statutes is amended to read:

AB100,1320,13 218.015 (2) (c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the consumer, provide the certificate to the manufacturer or to the consumer.

AB100, s. 3191 Section 3191. 218.015 (2) (cm) 2. of the statutes is amended to read:

AB100,1320,24 218.015 (2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the motor vehicle lessor, provide the certificate to the manufacturer or to the motor vehicle lessor.

AB100, s. 3192 Section 3192. 218.02 (2) (a) of the statutes is renumbered 218.02 (2) (a) 1. (intro.) and amended to read:

AB100,1321,8 218.02 (2) (a) 1. (intro.) Each adjustment service company shall apply to the division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the division in writing, under oath, in a form to be prescribed by the division. The division may issue more than one license to the same licensee. An application for a license under this section shall include the following:

AB100, s. 3193 Section 3193. 218.02 (2) (a) 1. a. and b. and 2. of the statutes are created to read:

AB100,1321,12 218.02 (2) (a) 1. a. In the case of an individual, the individual's social security number.

AB100,1321,14 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB100,1321,16 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1321,18 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1321,21 b. The division 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.

AB100, s. 3194 Section 3194. 218.02 (3) (d) of the statutes is created to read:

AB100,1321,24 218.02 (3) (d) That the applicant has not been certified under s. 73.0301 by the department of revenue as being liable for delinquent taxes.

AB100, s. 3195 Section 3195. 218.02 (3) (e) of the statutes is created to read:

AB100,1322,5 218.02 (3) (e) That, if the applicant is an individual, the applicant is not 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.

AB100, s. 3196 Section 3196. 218.02 (6) of the statutes is renumbered 218.02 (6) (a).

AB100, s. 3197 Section 3197. 218.02 (6) (b) of the statutes is created to read:

AB100,1322,13 218.02 (6) (b) In accordance with a memorandum of understanding entered into under s. 49.587, the division shall restrict or suspend a license if a licensee who is an individual 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.

AB100, s. 3198 Section 3198. 218.02 (6) (c) of the statutes is created to read:

AB100,1322,17 218.02 (6) (c) In accordance with s. 73.0301, the division shall revoke a license if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes.

AB100, s. 3199 Section 3199. 218.02 (9) (a) of the statutes is renumbered 218.02 (9) (a) (intro.) and amended to read:

AB100,1322,25 218.02 (9) (a) (intro.) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037. This paragraph does not apply to any of the following:

AB100, s. 3200 Section 3200. 218.02 (9) (a) 1. and 2. of the statutes are created to read:

AB100,1323,3 218.02 (9) (a) 1. Applications for licenses that are denied, or licenses that are revoked, because the department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1323,7 2. Applications for licenses that are denied or licenses that are restricted or suspended because the applicant or licensee 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.

AB100, s. 3201 Section 3201. 218.04 (3) (a) of the statutes is renumbered 218.04 (3) (a) 1. (intro.) and amended to read:

AB100,1323,13 218.04 (3) (a) 1. (intro.) Application for licenses under the provisions of this section shall be made to the division in writing, under oath, on a form to be prescribed by the division. All licenses shall expire on June thirtieth next following their date of issue. An application for a license under this section shall include the following:

AB100, s. 3202 Section 3202. 218.04 (3) (a) 1. a. and b. and 2. of the statutes are created to read:

AB100,1323,17 218.04 (3) (a) 1. a. If the applicant is an individual, the applicant's social security number.

AB100,1323,19 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB100,1323,21 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1323,23 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1324,3 b. The division 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.

AB100, s. 3203 Section 3203. 218.04 (4) (a) of the statutes is amended to read:

AB100,1324,15 218.04 (4) (a) Upon Except as provided in par. (am), upon the filing of such application and the payment of such fee, the division shall make an investigation, and if the division finds that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the division shall thereupon issue a license to said applicant. Such license is not assignable and shall permit operation under it only at or from the location specified in the license. A nonresident of this state may, upon complying with all other provisions of this section, secure a collection agency license provided the nonresident maintains an active office in this state.

AB100, s. 3204 Section 3204. 218.04 (4) (am) of the statutes is created to read:

AB100,1324,18 218.04 (4) (am) The division may not issue or renew a license under this section if any of the following applies:

AB100,1324,19 1. The applicant fails to provide the information required under sub. (3) (a) 1.

AB100,1324,24 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant for whom a license is not issued or renewed 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.

AB100,1325,7 3. The applicant fails to provide his or her social security number or 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 application is denied under this subdivision 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.

AB100, s. 3205 Section 3205. 218.04 (5) (am) of the statutes is created to read: