SB436: Bill Text

SB436,201,12 (e) An action taken under par. (c) or (d) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

SB436, s. 392 Section 392. 146.40 (4m) of the statutes is amended to read:

SB436,202,4 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

SB436, s. 393 Section 393. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB436,202,10 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

SB436,202,15 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

SB436,202,19 3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

SB436, s. 394 Section 394. 196.218 (4r) (g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB436,203,8 196.218 (4r) (g) From the appropriation under s. 20.275 (1) (s), the board may award an annual grant to a school district that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district under a contract entered into under s. 16.974 (7) (a) less the amount that the school district would be paying under par. (c) 4. if the school district were participating in the program established under par. (b), except that the amount may not be greater than the cost that a school district incurs under the contract in effect on October 14, 1997. A school district receiving a grant under this paragraph is not eligible to participate in the program under par. (b). No grant may be awarded under this paragraph after June 30, 2002.

SB436, s. 395 Section 395. 217.05 (intro.) of the statutes is renumbered 217.05 (1) (intro.).

SB436, s. 396 Section 396. 217.05 (1) to (4) of the statutes are renumbered 217.05 (1) (a) to (d).

SB436, s. 397 Section 397. 217.05 (1m) of the statutes is created to read:

SB436,203,14 217.05 (1m) (a) In addition to the information required under sub. (1), the application shall contain the following:

SB436,203,15 1. If the applicant is an individual, the applicant's social security number.

SB436,203,17 2. If the applicant is not an individual, the applicant's federal employer identification number.

SB436,203,20 (b) The division may not disclose any information received under par. (a) to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB436, s. 398 Section 398. 217.06 (4) and (5) of the statutes are created to read:

SB436,203,23 217.06 (4) The applicant has provided the information required under s. 217.05 (1m) (a).

SB436,203,25 (5) The applicant has not been certified under s. 73.0301 by the department of revenue to be liable for delinquent taxes.

SB436, s. 399 Section 399. 217.09 (1m) of the statutes is created to read:

SB436,204,6 217.09 (1m) 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.

SB436, s. 400 Section 400. 217.09 (4) of the statutes is amended to read:

SB436,204,14 217.09 (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. Revocations under sub. (1m) revoke the authorization to operate at all locations operated by the licensee.

SB436, s. 401 Section 401. 217.09 (6) of the statutes is amended to read:

SB436,204,17 217.09 (6) The Except for a license revoked under sub. (1m), the division may on its own motion issue a new license when a license has been revoked.

SB436, s. 402 Section 402. 218.01 (2) (ig) of the statutes is created to read:

SB436,204,21 218.01 (2) (ig) 1. In addition to any other information required under this subsection, an application for a license described in par. (d) 1. and 8., in par. (d) 2., 3. or 5. or in par. (dr) shall include the following:

SB436,204,22 a. In the case of an individual, the individual's social security number.

SB436,204,24 b. In the case of a person that is not an individual, the person's federal employer identification number.

SB436,205,3 2. The licensor may not disclose any information received under subd. 1. to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB436, s. 403 Section 403. 218.01 (3) (am) of the statutes is created to read:

SB436,205,11 218.01 (3) (am) 1. A license described in sub. (2) (d) 1. and 8., in sub. (2) (d) 2., 3. or 5. or in sub. (2) (dr) shall be denied if the applicant fails to provide the information required under sub. (2) (ig) 1. or if 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 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.

SB436,205,17 2. A license described in sub. (2) (d) 1. and 8., in sub. (2) (d) 2., 3. or 5. or 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.

SB436, s. 404 Section 404. 218.02 (2) (a) of the statutes is renumbered 218.02 (2) (a) 1. (intro.) and amended to read:

SB436,205,25 218.02 (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:

SB436, s. 405 Section 405. 218.02 (2) (a) 1. a. and b. and 2. of the statutes are created to read:

SB436,206,3 218.02 (2) (a) 1. a. In the case of an individual, the individual's social security number.

SB436,206,5 b. In the case of a person that is not an individual, the person's federal employer identification number.

SB436,206,8 2. The division 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.

SB436, s. 406 Section 406. 218.02 (3) (d) of the statutes is created to read:

SB436,206,11 218.02 (3) (d) That the applicant has not been certified under s. 73.0301 by the department of revenue as being liable for delinquent taxes.

SB436, s. 407 Section 407. 218.02 (6) of the statutes is renumbered 218.02 (6) (a).

SB436, s. 408 Section 408. 218.02 (6) (b) of the statutes is created to read:

SB436,206,16 218.02 (6) (b) 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.

SB436, s. 409 Section 409. 218.02 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB436,206,24 218.02 (9) (a) 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. This paragraph does not apply to 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.

SB436, s. 410 Section 410. 218.04 (3) (a) of the statutes is renumbered 218.04 (3) (a) 1. (intro.) and amended to read:

SB436,207,6 218.04 (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:

SB436, s. 411 Section 411. 218.04 (3) (a) 1. a. and b. and 2. of the statutes are created to read:

SB436,207,9 218.04 (3) (a) 1. a. If the applicant is an individual, the applicant's social security number.

SB436,207,11 b. If the applicant is not an individual, the applicant's federal employer identification number.

SB436,207,14 2. The division 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.

SB436, s. 412 Section 412. 218.04 (4) (a) of the statutes is amended to read:

SB436,208,2 218.04 (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.

SB436, s. 413 Section 413. 218.04 (4) (am) of the statutes is created to read:

SB436,208,10 218.04 (4) (am) The division may not issue or renew a license under this section if the applicant fails to provide the information required under sub. (3) (a) 1. or if 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 paragraph 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.

SB436, s. 414 Section 414. 218.04 (5) (am) of the statutes is created to read:

SB436,208,17 218.04 (5) (am) 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 a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

SB436, s. 415 Section 415. 218.04 (5) (b) of the statutes is amended to read:

SB436,208,25 218.04 (5) (b) No Except as provided in par. (am), 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.

SB436, s. 416 Section 416. 218.05 (3) (am) of the statutes is created to read:

SB436,209,3 218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section shall include the following:

SB436,209,4 a. If the applicant is an individual, the applicant's social security number.

SB436,209,6 b. If the applicant is not an individual, the applicant's federal employer identification number.

SB436,209,9 2. The division 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.

SB436, s. 417 Section 417. 218.05 (4) (c) of the statutes is created to read:

SB436,209,17 218.05 (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 the applicant fails to provide the information required under sub. (3) (am) 1. or if 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 paragraph 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.

SB436, s. 418 Section 418. 218.05 (11) of the statutes is amended to read:

SB436,210,4 218.05 (11) Renewal. 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 the applicant for renewal fails to provide the information required under sub. (3) (am) 1. or if the department of revenue certifies under s. 73.0301 that the applicant for renewal is liable for delinquent taxes. An applicant whose application is not renewed 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 or hearing under this section.

SB436, s. 419 Section 419. 218.05 (12) (am) of the statutes is created to read:

SB436,210,11 218.05 (12) (am) 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 a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

SB436, s. 420 Section 420. 218.05 (12) (b) of the statutes is amended to read:

SB436,210,18 218.05 (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. (am) applies to all of the licenses issued to the licensee.

SB436, s. 421 Section 421. 218.05 (12) (e) of the statutes is amended to read:

SB436,211,2 218.05 (12) (e) No Except as provided under par. (am), 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.

SB436, s. 422 Section 422. 218.11 (2) (a) of the statutes is renumbered 218.11 (2) (a) (intro.) and amended to read:

SB436,211,8 218.11 (2) (a) (intro.) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under par. (c) or (d). If the licensor is the department of transportation, an application shall include the following:

SB436, s. 423 Section 423. 218.11 (2) (a) 1. and 2. of the statutes are created to read:

SB436,211,11 218.11 (2) (a) 1. In the case of an individual, the individual's social security number.

SB436,211,13 2. In the case of a person who is not an individual, the person's federal employer identification number.

SB436, s. 424 Section 424. 218.11 (2) (ag) of the statutes is created to read:

SB436,211,17 218.11 (2) (ag) 1. The department of transportation shall deny an application for the issuance or renewal of a license if the information required under par. (a) 1. or 2. is not included in the application.

SB436,211,20 2. The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB436, s. 425 Section 425. 218.11 (6g) of the statutes is created to read:

SB436,212,3 218.11 (6g) The licensor 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. An applicant for whom a license is not issued or renewed, or a licensee whose license 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 or hearing under this section.

SB436, s. 426 Section 426. 218.11 (7) (a) of the statutes is amended to read:

SB436,212,12 218.11 (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. (6g).

SB436, s. 427 Section 427. 218.11 (7) (b) of the statutes is amended to read:

SB436,212,25 218.11 (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 revoked under sub. (6g).