AB651: Bill Text

AB651,82,16 (f) A license under s. 94.703.

AB651,82,17 (fm) A license under s. 94.704.

AB651,82,18 (g) A certification under s. 94.705.

AB651,82,19 (gm) A license under s. 94.72 (5).

AB651,82,20 (h) A license under s. 95.68 (2).

AB651,82,21 (hm) A license under s. 95.69 (2).

AB651,82,22 (i) A license under s. 95.71 (2).

AB651,82,23 (im) A license under s. 95.72 (2).

AB651,82,24 (j) A license under s. 97.17 (2).

AB651,82,25 (jm) A license under s. 97.175 (2).

AB651,83,1 (k) A license under s. 97.20 (2).

AB651,83,2 (km) A license under s. 97.21 (2) or (3).

AB651,83,3 (L) A license under s. 97.22 (2).

AB651,83,4 (m) A license under s. 97.27 (2).

AB651,83,5 (mm) A license under s. 97.29 (2).

AB651,83,6 (n) A license under s. 97.30 (2).

AB651,83,7 (nm) A license or registration certificate under s. 97.42 (2).

AB651,83,8 (p) A license under s. 98.145.

AB651,83,9 (pm) A license under s. 98.146.

AB651,83,10 (q) A license under s. 98.16 (2).

AB651,83,11 (qm) A license under s. 98.18 (1) (a).

AB651,83,12 (r) A license under s. 99.02 (1).

AB651,83,13 (rm) A registration certificate under s. 100.03 (2).

AB651,83,14 (s) A license under s. 127.02 (1).

AB651,83,15 (sm) A license under s. 127.03 (1).

AB651,83,19 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) to any person except to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB651,84,4 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure 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, as required in a memorandum of understanding under s. 49.857.

AB651, s. 92 Section 92. 93.35 (10) of the statutes is amended to read:

AB651,84,9 93.35 (10) Restoration of license or permit. (a) At any time after the suspension or revocation of a license or permit under sub. (9) (a) the department may restore it to the licensee or permittee upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.

AB651,84,12 (b) At any time after the refusal to renew a license or permit under sub. (9) (b) the department may renew it upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.

AB651, s. 93 Section 93. 94.65 (3) (c) 1. of the statutes is amended to read:

AB651,84,16 94.65 (3) (c) 1. If Except as provided in s. 93.135, if the department finds that the applicant has fulfilled the requirements of par. (b), the department shall issue a permit.

AB651, s. 94 Section 94. 94.66 (8) of the statutes is amended to read:

AB651,84,24 94.66 (8) The Except as provided in s. 93.135, the department may revoke a license, after reasonable notice, only for wilful failure to comply with any of the provisions of this section and in the event the license is revoked the licensee may have the order of revocation reviewed by the circuit court of the county wherein the producing plant is located and the review by the court shall be of all questions therein whether of fact or law; any such appeal must be taken within 20 days of the date of the service of the order of revocation upon the licensee.

AB651, s. 95 Section 95. 95.72 (2) (c) 5. of the statutes is amended to read:

AB651,85,2 95.72 (2) (c) 5. A Subject to s. 93.135, a person may renew a license by submitting the required license fee and renewal form.

AB651, s. 96 Section 96. 99.02 (1) of the statutes is amended to read:

AB651,85,16 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. If Subject to s. 93.135, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

AB651, s. 97 Section 97. 100.06 (1g) (c) of the statutes is amended to read:

AB651,86,2 100.06 (1g) (c) The department shall require the applicant to file a financial statement of his or her business operations and financial condition that meets the requirements of par. (d). The licensee, during the term of his or her license, may be required to file such statements periodically. All such statements shall be confidential and shall not be open for public inspection, except that the department shall open such statements for inspection if requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5). The department may require such statements to be certified by a public accountant. Such statements and audits, when made by the department, shall be paid for at cost.

AB651, s. 98 Section 98. 101.02 (21) of the statutes is created to read:

AB651,86,9 101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.95, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB651,86,16 (b) As provided in the memorandum of understanding under s. 49.857, the department of commerce may not issue or renew a license unless the applicant provides the department of commerce with his or her social security number. The department of commerce may not disclose the social security number except that the department of commerce may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of workforce development for the sole purpose of administering s. 49.22.

AB651,86,24 (c) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license 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 or if the applicant or licensee 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 relating to paternity or child support proceedings.

AB651,87,8 (d) As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license issued by the department if the 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 or if the licensee 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 relating to paternity or child support proceedings.

AB651, s. 99 Section 99. 102.17 (1) (c) of the statutes is amended to read:

AB651,88,12 102.17 (1) (c) Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm or corporation other than an attorney at law, duly licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employe of the department assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified and has obtained from the department a license with authorization to appear in matters or proceedings before the department. The Except as provided under par. (cm), the license shall be issued by the department under rules to be adopted by the department. There shall be maintained in the office of the department a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct and any license may be denied, suspended, nonrenewed or otherwise withheld by the department for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department shall give notice in writing to the agent of the charges of fraud or misconduct, and shall give the agent full opportunity to be heard in relation to the same. In denying, suspending, restricting, refusing to renew or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the department shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance thereof.

AB651, s. 100 Section 100. 102.17 (1) (cg) of the statutes is created to read:

AB651,88,16 102.17 (1) (cg) 1. The department shall require each applicant for a license under par. (c) who is an individual to provide the department with his or her social security number when initially applying for or applying to renew the license.

AB651,88,19 2. The department may not issue or renew a license under par. (c) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

AB651,88,23 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB651, s. 101 Section 101. 102.17 (1) (cm) of the statutes is created to read:

AB651,89,11 102.17 (1) (cm) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under par. (c) for failure of the applicant or agent 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 or for failure of the applicant or agent to comply, after appropriate notice, with a subpoena or warrant issued by the department 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. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB651, s. 102 Section 102 . 102.27 (2) (a) of the statutes is amended to read:

AB651,89,14 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or, 767.51 (3m) (c) or 767.62 (4) (b) 3.

AB651, s. 103 Section 103. 102.33 (2) (b) 5. of the statutes is created to read:

AB651,89,18 102.33 (2) (b) 5. The requester is the subunit of the department that administers child and spousal support or a county child support agency under s. 59.53 (5) and the request is made under s. 49.22 (2m).

AB651, s. 104 Section 104. 103.005 (10) of the statutes is amended to read:

AB651,89,22 103.005 (10) Orders Except as provided in ss. 103.275 (2) (bm), 103.91 (4) (b), 103.92 (6), 104.07 (5) and 105.13 (2), orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.

AB651, s. 105 Section 105. 103.275 (2) (b) (intro.) of the statutes is amended to read:

AB651,90,3 103.275 (2) (b) (intro.) Upon Except as provided under par. (bm), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

AB651, s. 106 Section 106. 103.275 (2) (bg) of the statutes is created to read:

AB651,90,8 103.275 (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 when initially applying for or applying to renew the house-to-house employer certificate.

AB651,90,11 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 social security number to the department.

AB651,90,15 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB651, s. 107 Section 107. 103.275 (2) (bm) of the statutes is created to read:

AB651,91,3 103.275 (2) (bm) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a house-to-house employer certificate for failure of the applicant or house-to-house employer 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 or for failure of the applicant or house-to-house employer to comply, after appropriate notice, with a subpoena or warrant issued by the department 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. Notwithstanding sub. (7) and s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in sub. (7) and ch. 227.

AB651, s. 108 Section 108. 103.275 (7) (b) of the statutes is amended to read:

AB651,91,16 103.275 (7) (b) After Except as provided in sub. (2) (bm), 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.

AB651, s. 109 Section 109. 103.275 (7) (c) of the statutes is amended to read:

AB651,92,2 103.275 (7) (c) The Except as provided in sub. (2) (bm), 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.

AB651, s. 110 Section 110. 103.91 (2) of the statutes is renumbered 103.91 (2) (a) and amended to read:

AB651,92,9 103.91 (2) (a) A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under 7 USC 2045 in lieu of the forms prescribed by the department under this subsection paragraph.

AB651, s. 111 Section 111. 103.91 (2) (b) of the statutes is created to read:

AB651,92,13 103.91 (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 social security number when initially applying for or applying to renew the certificate.

AB651,92,16 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 social security number to the department.

AB651,92,20 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB651, s. 112 Section 112. 103.91 (4) of the statutes is renumbered 103.91 (4) (a).

AB651, s. 113 Section 113. 103.91 (4) (b) of the statutes is created to read:

AB651,93,9 103.91 (4) (b) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate of registration under sub. (1) for failure of the applicant or registrant 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 or for failure of the applicant or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department 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. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

AB651, s. 114 Section 114. 103.92 (1) of the statutes is renumbered 103.92 (1) (a) and amended to read:

AB651,93,15 103.92 (1) (a) Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department for a certificate to operate a camp. Each application shall be accompanied by an application fee in an amount determined by the department.

AB651, s. 115 Section 115. 103.92 (1) (b) of the statutes is created to read:

AB651,93,19 103.92 (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 social security number when initially applying for or applying to renew the certificate.

AB651,93,22 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 social security number to the department.

AB651,94,2 3. The subunit of the department that obtains a social security number under subd. 1. may disclose the social security number only on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB651, s. 116 Section 116. 103.92 (3) of the statutes is amended to read:

AB651,94,11 103.92 (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. If Except as provided under sub. (6), 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).

AB651, s. 117 Section 117. 103.92 (6) of the statutes is created to read: