AB768: Bill Text

AB768, s. 550 Section 550. 455.09 (3) of the statutes is amended to read:

AB768,259,22 455.09 (3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 551 Section 551. 456.11 (1) and (2) of the statutes are amended to read:

AB768,260,3 456.11 (1) The examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4) (b).

AB768,260,7 (2) Application for the reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4) (b).

AB768, s. 552 Section 552. 551.32 (1) (bm) of the statutes is created to read:

AB768,260,10 551.32 (1) (bm) 1. In addition to the information required under par. (b), an application under par. (a) shall contain the following:

AB768,260,11 a. In the case of an individual, the individual's social security number.

AB768,260,13 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768,260,16 2. The division may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 553 Section 553. 551.34 (1m) of the statutes is created to read:

AB768,260,24 551.34 (1m) 1. The division shall deny an application for the issuance or renewal of a license if the applicant fails to provide the information required under s. 551.32 (1) (bm) 1. or if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for the issuance or renewal of a license is denied under this subdivision 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 subchapter.

AB768,261,5 2. The division shall revoke a license 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 a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this subchapter.

AB768, s. 554 Section 554. 560.145 of the statutes is created to read:

AB768,261,10 560.145 Revolving loan fund capitalization. (1) Grants. Subject to sub. (3), the department may make a grant to a person from the appropriation under s. 20.143 (1) (c) for the capitalization of a revolving loan fund if all of the following apply:

AB768,261,12 (a) The purpose of the revolving loan fund is to promote local or regional economic development.

AB768,261,14 (b) The person submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB768,261,17 (c) The person enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB768,261,19 (d) The person agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).

AB768,261,22 (2) Report on use of proceeds. A person receiving a grant under this section shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB768,261,24 (3) Limit on grants. The department may not award in a fiscal biennium more than $500,000 in grants under this section.

AB768, s. 555 Section 555. 560.147 of the statutes is created to read:

AB768,262,3 560.147 Rapid response fund. (1) Loans. Subject to sub. (4), the department may make a loan to a person from the appropriations under s. 20.143 (1) (c) and (ie) for a project described in sub. (2) if all of the following apply:

AB768,262,5 (a) The person submits a plan to the department detailing the proposed use of the loan and the secretary approves the plan.

AB768,262,8 (b) The person enters into a written agreement with the department that specifies the conditions for use of the loan proceeds, including reporting and auditing requirements, and the loan repayment terms.

AB768,262,10 (c) The person agrees in writing to submit to the department the report required under sub. (3) by the time required under sub. (3).

AB768,262,12 (d) The person contributes, from funds not provided by the state, not less than 25% of the cost of the project.

AB768,262,14 (e) The amount that the person contributes under par. (d) does not exceed $250,000.

AB768,262,16 (2) Eligible projects. (a) Loans under this section may be used only for any of the following purposes:

AB768,262,17 1. The renovation or improvement of an existing building.

AB768,262,18 2. The purchase of land, an existing building, machinery or equipment.

AB768,262,19 3. The construction of a new building.

AB768,262,21 (b) The purpose of the renovation, purchase or construction under par. (a) must be to foster economic development in the area of the project.

AB768,262,24 (3) Report on use of proceeds. A person receiving a loan under this section shall submit to the department, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

AB768,263,2 (4) Limit on loans. The department may not award in a fiscal biennium more than $2,000,000 in loans under this section.

AB768,263,5 (5) Deposit of repayments. The department shall deposit in the appropriation account under s. 20.143 (1) (ie) all moneys received in repayment of loans under this section.

AB768, s. 556 Section 556. 560.17 (5c) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,263,9 560.17 (5c) (b) The total amount of grants awarded under this subsection in any fiscal year may not exceed $200,000 $500,000.

AB768, s. 557 Section 557. 560.183 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,263,14 560.183 (3) (b) The agreement shall specify that the responsibility of the department to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jm).

AB768, s. 558 Section 558. 560.183 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,263,19 560.183 (5) (a) The obligation of the department to make payments under an agreement entered into under sub. (3) (b) is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jm).

AB768, s. 559 Section 559. 560.183 (5) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,2 560.183 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.143 (1) (f), (jc) and (jm), the department shall establish priorities among the eligible applicants based upon the following considerations:

AB768, s. 560 Section 560. 560.183 (6m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.183 (6m) (a).

AB768, s. 561 Section 561. 560.183 (6m) (b) of the statutes is created to read:

AB768,264,7 560.183 (6m) (b) Any penalties assessed and collected under this subsection shall be credited to the appropriation account under s. 20.143 (1) (jc).

AB768, s. 562 Section 562. 560.184 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,12 560.184 (3) (b) The agreement shall specify that the responsibility of the department to make the payments under the agreement is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jL).

AB768, s. 563 Section 563. 560.184 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,17 560.184 (5) (a) The obligation of the department to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations under s. 20.143 (1) (f), (jc) and (jL).

AB768, s. 564 Section 564. 560.184 (5) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,264,24 560.184 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.143 (1) (f), (jc) and (jL), the department shall establish priorities among the eligible applicants based upon the following considerations:

AB768, s. 565 Section 565. 560.184 (6m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.184 (6m) (a).

AB768, s. 566 Section 566. 560.184 (6m) (b) of the statutes is created to read:

AB768,265,5 560.184 (6m) (b) Any penalties assessed and collected under this subsection shall be credited to the appropriation account under s. 20.143 (1) (jc).

AB768, s. 567 Section 567. 628.04 (1) (intro.) of the statutes is amended to read:

AB768,265,9 628.04 (1) Conditions and qualifications. (intro.) The Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who:

AB768, s. 568 Section 568. 628.04 (2) of the statutes is amended to read:

AB768,265,19 628.04 (2) Surplus lines agents or brokers. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a license as an agent or broker authorized to place business under s. 618.41 if the applicant shows to the satisfaction of the commissioner that in addition to the qualifications necessary to obtain a general license under sub. (1), the applicant has the competence to deal with the problems of surplus lines insurance. The commissioner may by rule require an agent or broker authorized to place business under s. 618.41 to supply a bond not larger than $100,000, conditioned upon proper performance of obligations as a surplus lines agent or broker.

AB768, s. 569 Section 569. 628.09 (1) of the statutes is amended to read:

AB768,266,4 628.09 (1) Issuance of license. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 3 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business. This subsection does not apply to life insurance agents.

AB768, s. 570 Section 570. 628.09 (4) of the statutes is amended to read:

AB768,266,12 628.09 (4) Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A Except as provided in s. 628.097, a temporary license may be extended beyond the initial period specified under sub. (1), for additional periods of not more than 3 months each, with the total period not to exceed 12 months in the aggregate. A temporary license may not continue after the owner or the personal representative disposes of the business.

AB768, s. 571 Section 571. 628.095 of the statutes is created to read:

AB768,266,19 628.095 Social security and federal employer identification numbers on license applications or at time of fee payment. (1) Required on applications. An application for a license issued under this subchapter shall contain the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person.

AB768,266,23 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant provides his or her social security number, if the applicant is a natural person, or provides the applicant's federal tax identification number, if the applicant is not a natural person.

AB768,267,4 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number, and an intermediary that is not a natural person shall provide its federal employer identification number, if the social security number or federal employer identification number was not provided on the application for the license or previously when the annual fee was paid.

AB768,267,7 (4) Disclosure. The commissioner may disclose any information received under sub. (1) or (3) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 572 Section 572. 628.097 of the statutes is created to read:

AB768,267,12 628.097 Refusal to issue based on tax delinquency. (1) Licenses. The commissioner shall refuse to issue a license, including a temporary license, under this subchapter if the department of revenue certifies under s. 73.0301 that the applicant for the license is liable for delinquent taxes.

AB768,267,16 (2) Extension of temporary license. The commissioner shall refuse to extend a temporary license under s. 628.09 (4) if the department of revenue certifies under s. 73.0301 that the person holding the temporary license is liable for delinquent taxes.

AB768, s. 573 Section 573. 628.10 (2) (b) of the statutes is amended to read:

AB768,268,2 628.10 (2) (b) For other reasons. After Except as provided in par. (c), after a hearing, the commissioner may revoke, suspend or limit in whole or in part the license of any intermediary if the commissioner finds that the licensee is unqualified as an intermediary, is not of good character or has repeatedly or knowingly violated an insurance statute or rule or a valid order of the commissioner under s. 601.41 (4), or if the intermediary's methods and practices in the conduct of business endanger, or financial resources are inadequate to safeguard, the legitimate interests of customers and the public. Nothing in this paragraph limits the authority of the commissioner to suspend summarily an intermediary's license under s. 227.51 (3).

AB768, s. 574 Section 574. 628.10 (2) (c) of the statutes is created to read:

AB768,268,7 628.10 (2) (c) For liability for delinquent taxes. The commissioner shall revoke the license of an intermediary, including a temporary license under s. 628.09, if the department of revenue certifies under s. 73.0301 that the intermediary is liable for delinquent taxes.

AB768, s. 575 Section 575. 628.10 (2) (d) of the statutes is created to read:

AB768,268,15 628.10 (2) (d) For failure to provide social security or federal employer identification number. If an intermediary fails to provide a social security number or a federal employer identification number as required under s. 628.095 (3), the commissioner shall revoke the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid revocation.

AB768, s. 576 Section 576. 632.68 (2) (b) (intro.) of the statutes is amended to read:

AB768,268,25 632.68 (2) (b) (intro.) A person may apply to the commissioner for a viatical settlement provider license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant to provide the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person. The fee specified in s. 601.31 (1) (mm) shall accompany the application. After any investigation of the applicant that the commissioner determines is sufficient, the commissioner shall issue a viatical settlement provider license to an applicant that satisfies all of the following:

AB768, s. 577 Section 577. 632.68 (2) (b) 2. of the statutes is amended to read:

AB768,269,3 632.68 (2) (b) 2. Provides complete information on the application, including the applicant's social security number or federal employer identification number.

AB768, s. 578 Section 578. 632.68 (2) (bc) of the statutes is created to read:

AB768,269,7 632.68 (2) (bc) The commissioner may disclose a social security number or federal employer identification number received under par. (b) or (e) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 579 Section 579. 632.68 (2) (bm) of the statutes is created to read:

AB768,269,11 632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 580 Section 580. 632.68 (2) (c) of the statutes is amended to read:

AB768,269,20 632.68 (2) (c) If Except as provided in par. (cm), if the commissioner denies an application for a license under this subsection, the applicant may, within 20 days after receiving notice of the denial, demand a hearing. The demand shall be in writing and shall be served on the commissioner by delivering a copy to the commissioner or by leaving it at the commissioner's office. The commissioner shall hold a hearing not less than 10 days nor more than 30 days after service of the demand. Failure to demand a hearing within the required time constitutes waiver of a hearing.

AB768, s. 581 Section 581. 632.68 (2) (cm) of the statutes is created to read: