AB100: Bill Text

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

AB100,1325,16 218.04 (5) (am) The division shall restrict or suspend a license issued under this section if the division finds that 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 paragraph 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. 3206 Section 3206. 218.04 (5) (ar) of the statutes is created to read:

AB100,1325,23 218.04 (5) (ar) The division shall revoke a license issued under this section 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 section.

AB100, s. 3207 Section 3207. 218.04 (5) (b) of the statutes is amended to read:

AB100,1326,5 218.04 (5) (b) No Except as provided in pars. (am) or (ar), no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license and this shall be deemed the equivalent of delivering the notice of hearing and complaint to the licensee.

AB100, s. 3208 Section 3208. 218.04 (9) of the statutes is renumbered 218.04 (9) (intro.) and amended to read:

AB100,1326,11 218.04 (9) Administrative review. (intro.) Any licensee or other person in interest being dissatisfied with any order of the division made under this section may have a review thereof as provided in s. 220.037. This subsection does not apply to any of the following:

AB100, s. 3209 Section 3209. 218.04 (9) (a) and (b) of the statutes are created to read:

AB100,1326,15 218.04 (9) (a) An application for a license that is denied, or a license that is revoked, because the department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1326,20 (b) An application for a license that is denied, or a license that is restricted or suspended, because 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.

AB100, s. 3210 Section 3210. 218.05 (3) (am) of the statutes is created to read:

AB100,1326,23 218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section shall include the following:

AB100,1326,24 a. If the applicant is an individual, the applicant's social security number.

AB100,1327,2 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB100,1327,4 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1327,6 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.

AB100,1327,9 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. 3211 Section 3211. 218.05 (4) (b) of the statutes is amended to read:

AB100,1327,21 218.05 (4) (b) If the division shall finds that the conditions under par. (a) 1. to 3. are not met, the division shall not issue the license and shall notify the applicant of the denial, retaining the investigation fee to cover the cost of investigating the applicant. The division shall approve or deny every application within 30 days from the filing thereof. No application shall be denied unless the applicant has had notice of a hearing on the application and an opportunity to be heard thereon. If the application is denied, the division shall, within 20 days thereafter, prepare and keep on file with the division a written order of denial which shall contain the division's findings with respect thereto and the reasons supporting the denial. The division shall mail a copy of the order of denial to the applicant at the address set forth in the application, within 5 days after the filing of the order.

AB100, s. 3212 Section 3212. 218.05 (4) (c) of the statutes is created to read:

AB100,1327,25 218.05 (4) (c) In addition to the grounds for denial of a license under par. (a), the division shall deny an application for a license under this section if any of the following applies:

AB100,1328,2 1. The applicant fails to provide the information required under sub. (3) (am) 1.

AB100,1328,7 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application is denied 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.

AB100,1328,14 3. 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 subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any notice or hearing under par. (b).

AB100, s. 3213 Section 3213. 218.05 (11) of the statutes is renumbered 218.05 (11) (intro.) and amended to read:

AB100,1328,22 218.05 (11) Renewal. (intro.) Every licensee shall, on or before December 20, pay to the division the sum of $300 as an annual license fee for the next succeeding calendar year and, at the same time, shall file with the division the annual bond and insurance policy or policies in the same amount and of the same character as required by subs. (3) (c) and (6). The division may not renew a license under this section if any of the following applies:

AB100, s. 3214 Section 3214. 218.05 (11) (a), (b) and (c) of the statutes are created to read:

AB100,1328,25 218.05 (11) (a) The renewal applicant fails to provide the information required under sub. (3) (am) 1.

AB100,1329,5 (b) The department of revenue certifies under s. 73.0301 that the renewal applicant is liable for delinquent taxes. An applicant whose application is not renewed 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.

AB100,1329,12 (c) The renewal 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 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.

AB100, s. 3215 Section 3215. 218.05 (12) (title) of the statutes is amended to read:

AB100,1329,14 218.05 (12) (title) Revocation; surrender; notice restriction and suspension .

AB100, s. 3216 Section 3216. 218.05 (12) (am) of the statutes is created to read:

AB100,1329,23 218.05 (12) (am) The division shall restrict or suspend any license issued under this section 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 paragraph 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. 3217 Section 3217. 218.05 (12) (ar) of the statutes is created to read:

AB100,1330,5 218.05 (12) (ar) The division shall revoke a license under this section 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 section.

AB100, s. 3218 Section 3218. 218.05 (12) (b) of the statutes is amended to read:

AB100,1330,12 218.05 (12) (b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply. A revocation under par. (ar) shall apply to all of the licenses issued to the licensee.

AB100, s. 3219 Section 3219. 218.05 (12) (e) of the statutes is amended to read:

AB100,1330,21 218.05 (12) (e) No Except as provided under par. (ar), no license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.

AB100, s. 3220 Section 3220. 218.05 (13) of the statutes is renumbered 218.05 (13) (intro.) and amended to read:

AB100,1331,3 218.05 (13) Review of orders. (intro.) Any person aggrieved by any order of the division made under this section may have a review thereof by the consumer credit review board under s. 220.037. This subsection does not apply to an application for a license or a license renewal that is denied, or a license that is restricted, suspended or revoked, because of any of the following:

AB100, s. 3221 Section 3221. 218.05 (13) (a) and (b) of the statutes are created to read:

AB100,1331,6 218.05 (13) (a) The department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1331,10 (b) 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, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 3222 Section 3222. 218.11 (2) (am) of the statutes is created to read:

AB100,1331,16 218.11 (2) (am) 1. In addition to any other information required under par. (a), an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.

AB100,1331,18 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.

AB100,1331,22 3. The licensor may not disclose any information received under subd. 1. 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.

AB100, s. 3223 Section 3223. 218.11 (6m) of the statutes is created to read:

AB100,1332,3 218.11 (6m) (a) A license under this section shall be denied, restricted, limited or suspended if an 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, as provided in a memorandum of understanding entered into under s. 49.857.

AB100,1332,7 (b) The department of transportation shall deny an application under this section for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that an applicant or licensee is liable for delinquent taxes.

AB100, s. 3224 Section 3224. 218.11 (7) (a) of the statutes is amended to read:

AB100,1332,16 218.11 (7) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under sub. (6m).

AB100, s. 3225 Section 3225. 218.11 (7) (b) of the statutes is amended to read:

AB100,1333,4 218.11 (7) (b) No license may 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 licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under sub. (6m).

AB100, s. 3226 Section 3226. 218.12 (2) (a) of the statutes is amended to read:

AB100,1333,10 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

AB100, s. 3227 Section 3227. 218.12 (2) (am) of the statutes is created to read:

AB100,1333,14 218.12 (2) (am) 1. The licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB100,1333,18 2. The licensor may not disclose a social security number obtained under par. (a) 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.

AB100, s. 3228 Section 3228. 218.12 (3m) of the statutes is created to read:

AB100,1333,24 218.12 (3m) (a) A license 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, as provided in a memorandum of understanding entered into under s. 49.857.

AB100,1334,4 (b) If the licensor is the department of transportation, the department of transportation shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100, s. 3229 Section 3229. 218.12 (5) of the statutes is amended to read:

AB100,1334,10 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

AB100, s. 3230 Section 3230. 218.21 (2) (ag) of the statutes is created to read: