AB768: Bill Text

AB768,216,21 218.32 (4) (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 division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3g).

AB768, s. 443 Section 443. 218.32 (4) (b) of the statutes is amended to read:

AB768,217,7 218.32 (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 revoked under sub. (3g).

AB768, s. 444 Section 444. 220.01 (1e) of the statutes is created to read:

AB768,217,9 220.01 (1e) "Department" means the department of financial institutions.

AB768, s. 445 Section 445. 224.72 (2) (c) of the statutes is created to read:

AB768,217,12 224.72 (2) (c) Social security and federal employer identification numbers. 1. An application shall include the following:

AB768,217,13 a. In the case of an individual, the individual's social security number.

AB768,217,15 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB768,217,18 2. The department may not disclose any information received under subd. 1. a. or b. to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 446 Section 446. 224.72 (5) (a) of the statutes is amended to read:

AB768,217,23 224.72 (5) (a) Loan originator and loan solicitor. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB768, s. 447 Section 447. 224.72 (5) (b) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB768,218,6 224.72 (5) (b) 1. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB768, s. 448 Section 448. 224.72 (5) (b) 2. of the statutes is amended to read:

AB768,218,13 224.72 (5) (b) 2. If Except as provided in sub. (7m), if within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB768, s. 449 Section 449. 224.72 (7m) of the statutes is created to read:

AB768,218,23 224.72 (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 the applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1. or if 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 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.

AB768, s. 450 Section 450. 224.77 (6) of the statutes is created to read:

AB768,219,7 224.77 (6) 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.

AB768, s. 451 Section 451. 227.03 (7m) of the statutes is created to read:

AB768,219,10 227.03 (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).

AB768, s. 452 Section 452. 227.44 (8) of the statutes is amended to read:

AB768,220,4 227.44 (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.

AB768, s. 453 Section 453. 250.05 (5) of the statutes is amended to read:

AB768,220,10 250.05 (5) Registration. The Except as provided in sub. (8m), 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.

AB768, s. 454 Section 454. 250.05 (6) of the statutes is amended to read:

AB768,220,21 250.05 (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. The Except as provided in sub. (8m), 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.

AB768, s. 455 Section 455. 250.05 (8) of the statutes is amended to read:

AB768,221,2 250.05 (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 the registration of any sanitarian for practice of fraud or deceit in obtaining the registration or any gross professional negligence, incompetence or misconduct.

AB768, s. 456 Section 456. 250.05 (8m) of the statutes is created to read:

AB768,221,7 250.05 (8m) Registration denial, nonrenewal and revocation based on tax delinquency. (a) The department shall require each applicant for registration under this section to provide the department with the applicant's social security number as a condition of issuing or renewing the registration.

AB768,221,10 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768,221,13 (c) The department shall deny an application for the issuance or renewal of registration under this section if the applicant does not provide the information specified in par. (a).

AB768,221,17 (d) The department shall deny an application for the issuance or renewal of registration under this section or shall revoke a registration issued under this section, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the registration is liable for delinquent taxes.

AB768,221,20 (e) The only hearing rights available for a denial, revocation or nonrenewal of registration under this section based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 457 Section 457. 250.10 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,222,2 250.10 Grant for dental services. From the appropriation under s. 20.435 (5) (de), the department shall provide funding in each fiscal year to the Marquette University School of Dentistry for the provision of dental services by the Marquette University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee and in Waushara and Monroe counties.

AB768, s. 458 Section 458. 254.115 of the statutes is created to read:

AB768,222,8 254.115 Denial, nonrenewal and revocation of certification based on tax delinquency. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB768,222,9 (a) Certification under s. 254.176.

AB768,222,10 (b) A certification card under s. 254.20 (3) or (4).

AB768,222,13 (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,222,16 (3) The department shall deny an application for the issuance or renewal of a certification or certification card specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

AB768,222,21 (4) The department shall deny an application for the issuance or renewal of a certification or certification card specified in sub. (1), or shall revoke the certification or certification card specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certification or certification card is liable for delinquent taxes.

AB768, s. 459 Section 459. 254.176 (1) of the statutes is amended to read:

AB768,223,2 254.176 (1) Except as provided in sub. (2), and subject to s. 254.115, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

AB768, s. 460 Section 460. 254.176 (3) (intro.) of the statutes is amended to read:

AB768,223,6 254.176 (3) (intro.)  The Subject to s. 254.115, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

AB768, s. 461 Section 461. 254.176 (5) of the statutes is amended to read:

AB768,223,12 254.176 (5) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any certification issued under this section in accordance with the procedures set forth in ch. 227, except that the only hearing rights available for a denial, revocation or nonrenewal of any certification issued under this section based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 462 Section 462. 254.20 (2) (d) of the statutes is amended to read:

AB768,223,18 254.20 (2) (d) The Subject to s. 254.115, the department may establish by rule certification requirements for any person not certified under pars. (a) to (c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.

AB768, s. 463 Section 463. 254.20 (4) of the statutes is amended to read:

AB768,223,22 254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. The Subject to s. 254.115, the department may establish requirements for renewing such a card, including but not limited to additional training.

AB768, s. 464 Section 464. 254.20 (7) of the statutes is amended to read:

AB768,224,3 254.20 (7) Appeals. Any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227, except that the only hearing rights available for a denial, revocation or nonrenewal of a certification card required under sub. (2) based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 465 Section 465. 280.13 (4) of the statutes is amended to read:

AB768,224,14 280.13 (4) No order revoking a permit under sub. (2) shall be made until after a public hearing to be held before the department in the county where the permittee has his or her place of business. If the permittee is a nonresident, the hearing shall be at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the permittee and to the permittee's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceeding shad at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party.

AB768, s. 466 Section 466. 281.48 (3) (a) of the statutes is amended to read:

AB768,224,23 281.48 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If Except as provided in s. 299.07, if the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license. The license fee shall accompany all applications.

AB768, s. 467 Section 467. 281.48 (5) (b) of the statutes is amended to read:

AB768,225,2 281.48 (5) (b) The department may not reissue a license for a period of one year after revocation under par. (a).

AB768, s. 468 Section 468. 281.58 (3) of the statutes is renumbered 281.58 (3) (a).

AB768, s. 469 Section 469. 281.58 (3) (b) of the statutes is created to read:

AB768,225,9 281.58 (3) (b) The department may enter into an agreement with the U.S. environmental protection agency to receive a grant for federal financial hardship assistance under P.L. 104-134, Title III. The agreement may contain any provision required by 40 CFR part 31 or other environmental protection agency regulations that apply to grant recipients.

AB768, s. 470 Section 470. 281.58 (6) (b) 5. of the statutes is amended to read:

AB768,225,12 281.58 (6) (b) 5. Providing state financial hardship assistance under sub. (13) from the account under s. 25.43 (2) (b).

AB768, s. 471 Section 471. 281.58 (6) (b) 5m. of the statutes is created to read:

AB768,225,15 281.58 (6) (b) 5m. Providing federal financial hardship assistance grants under sub. (13) from the account under s. 25.43 (2) (ae).

AB768, s. 472 Section 472. 281.58 (13) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,225,21 281.58 (13) (b) A municipality with an application that is approved under sub. (9m) is eligible for state financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768, s. 473 Section 473. 281.58 (13) (be) of the statutes is created to read:

AB768,226,2 281.58 (13) (be) A municipality with an application that is approved under sub. (9m) is eligible for federal financial hardship assistance for the project costs that are eligible under the clean water fund program, except for costs to which sub. (8) (b), (c), (f) or (h) applies, if the municipality meets all of the following criteria:

AB768,226,3 1. The population of the municipality is 3,000 or less.

AB768,226,4 2. The municipality is a rural community, as determined by the department.

AB768,226,8 3. The municipality lacks centralized wastewater treatment or collection systems or needs improvements to onsite wastewater treatment systems and federal financial hardship assistance will improve public health or reduce an environmental risk.

AB768,226,11 4. The per capita annual income of residents to be served by the project does not exceed 80% of national per capita annual income, based on the most recent data available from the U.S. bureau of the census.

AB768,226,15 5. On the date that the municipality applies for assistance, the unemployment rate for the county in which the municipality is located exceeds by 1% or more the average yearly national unemployment rate most recently reported by the federal bureau of labor statistics.

AB768, s. 474 Section 474. 281.58 (13) (bs) of the statutes is created to read:

AB768,226,21 281.58 (13) (bs) If a municipality is eligible for state financial hardship assistance under par. (b) and for federal financial hardship assistance under par. (be), the department may determine whether to provide state financial hardship assistance, federal financial hardship assistance or both for the municipality's project.

AB768, s. 475 Section 475. 281.58 (13) (cm) of the statutes is created to read:

AB768,227,11 281.58 (13) (cm) The amount and type of assistance to be provided to a municipality that receives state financial hardship assistance shall be determined under rules promulgated by the department. Assistance to be provided to a municipality that receives federal financial hardship assistance shall be in the form of a grant for a portion of the project costs plus a loan at the interest rate under sub. (12) for the type of project being funded. The maximum amount of subsidy that a municipality receiving federal financial hardship assistance may receive is equal to the amount of subsidy that the municipality would have received if it had received state financial hardship assistance. If a municipality receives state financial hardship assistance and federal financial hardship assistance for a project, the total amount of the subsidy for the project may not exceed the amount of subsidy that the municipality would have received if it had received only state financial hardship assistance. Subsection (8) (g) does not apply to the amount of a federal financial hardship assistance grant that a municipality may receive.

AB768, s. 476 Section 476. 281.58 (13) (d) of the statutes is amended to read:

AB768,227,17 281.58 (13) (d) The department shall establish a financial hardship assistance funding list for each fiscal year that ranks projects of municipalities that are eligible under par. (b) or (be), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year, in the same order that they appear on the priority list under sub. (8e).

AB768, s. 477 Section 477. 281.58 (13) (e) (intro.) of the statutes is amended to read:

AB768,227,21 281.58 (13) (e) (intro.) In Subject to par. (em), in each fiscal year, the department shall allocate financial hardship assistance under this subsection in the following order:

AB768, s. 478 Section 478. 281.58 (13) (em) of the statutes is created to read:

AB768,228,5 281.58 (13) (em) 1. In a fiscal year, if all available state financial hardship assistance has been allocated under par. (e) and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to projects that are eligible for federal financial hardship assistance under par. (be), but that are lower on the funding list than projects that are eligible only for state financial hardship assistance under par. (b), beginning with the next project on the funding list that is eligible for federal financial hardship assistance.