SB494: Bill Text

SB494,86,16 (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.

SB494,86,24 (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.

SB494,87,8 (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.

SB494, s. 99 Section 99. 102.17 (1) (c) of the statutes is amended to read:

SB494,88,12 102.17 (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.

SB494, s. 100 Section 100. 102.17 (1) (cg) of the statutes is created to read:

SB494,88,16 102.17 (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.

SB494,88,19 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.

SB494,88,23 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).

SB494, s. 101 Section 101. 102.17 (1) (cm) of the statutes is created to read:

SB494,89,11 102.17 (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.

SB494, s. 102 Section 102 . 102.27 (2) (a) of the statutes is amended to read:

SB494,89,14 102.27 (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.

SB494, s. 103 Section 103. 102.33 (2) (b) 5. of the statutes is created to read:

SB494,89,18 102.33 (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).

SB494, s. 104 Section 104. 103.005 (10) of the statutes is amended to read:

SB494,89,22 103.005 (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.

SB494, s. 105 Section 105. 103.275 (2) (b) (intro.) of the statutes is amended to read:

SB494,90,3 103.275 (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:

SB494, s. 106 Section 106. 103.275 (2) (bg) of the statutes is created to read:

SB494,90,8 103.275 (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.

SB494,90,11 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.

SB494,90,15 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).

SB494, s. 107 Section 107. 103.275 (2) (bm) of the statutes is created to read:

SB494,91,3 103.275 (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.

SB494, s. 108 Section 108. 103.275 (7) (b) of the statutes is amended to read:

SB494,91,16 103.275 (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.

SB494, s. 109 Section 109. 103.275 (7) (c) of the statutes is amended to read:

SB494,92,2 103.275 (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.

SB494, s. 110 Section 110. 103.91 (2) of the statutes is renumbered 103.91 (2) (a) and amended to read:

SB494,92,9 103.91 (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.

SB494, s. 111 Section 111. 103.91 (2) (b) of the statutes is created to read:

SB494,92,13 103.91 (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.

SB494,92,16 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.

SB494,92,20 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).

SB494, s. 112 Section 112. 103.91 (4) of the statutes is renumbered 103.91 (4) (a).

SB494, s. 113 Section 113. 103.91 (4) (b) of the statutes is created to read:

SB494,93,9 103.91 (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.

SB494, s. 114 Section 114. 103.92 (1) of the statutes is renumbered 103.92 (1) (a) and amended to read:

SB494,93,15 103.92 (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.

SB494, s. 115 Section 115. 103.92 (1) (b) of the statutes is created to read:

SB494,93,19 103.92 (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.

SB494,93,22 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.

SB494,94,2 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).

SB494, s. 116 Section 116. 103.92 (3) of the statutes is amended to read:

SB494,94,11 103.92 (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).

SB494, s. 117 Section 117. 103.92 (6) of the statutes is created to read:

SB494,94,25 103.92 (6) Failure to pay support or to comply with subpoena or warrant; memorandum of understanding. The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate to operate a migrant labor camp for failure of the applicant or person operating the camp 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 person operating the camp 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 subsection is subject to review only as provided in a memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

SB494, s. 118 Section 118. 104.07 (1) of the statutes is amended to read:

SB494,95,6 104.07 (1) The department shall make rules and, except as provided under sub. (5), grant licenses, to any employer who employs any employe unable to earn the living-wage theretofore determined upon, permitting such person to work for a wage which shall be commensurate with ability and each license so granted shall establish a wage for the licensee.

SB494, s. 119 Section 119. 104.07 (2) of the statutes is amended to read:

SB494,95,13 104.07 (2) The department shall make rules and, except as provided under sub. (5), grant licenses to sheltered workshops to permit the employment of handicapped workers unable to earn the living-wage theretofore determined upon permitting such persons to work for a wage which shall be commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.

SB494, s. 120 Section 120. 104.07 (4) of the statutes is created to read:

SB494,95,17 104.07 (4) (a) The department shall require each applicant for a license under sub. (1) or (2) 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.

SB494,95,20 (b) The department may not issue or renew a license under sub. (1) or (2) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

SB494,95,24 (c) The subunit of the department that obtains a social security number under par. (a) 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).

SB494, s. 121 Section 121. 104.07 (5) of the statutes is created to read:

SB494,96,11 104.07 (5) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under sub. (1) or (2) for failure of the applicant or licensee 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 licensee 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 subsection 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.

SB494, s. 122 Section 122. 105.06 (1m) of the statutes is created to read:

SB494,96,15 105.06 (1m) (a) The department shall require each applicant for a license under sub. (1) 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.

SB494,96,18 (b) The department may not issue or renew a license under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her social security number to the department.

SB494,96,22 (c) The subunit of the department that obtains a social security number under par. (a) 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).

SB494, s. 123 Section 123. 105.13 of the statutes is renumbered 105.13 (1) and amended to read:

SB494,97,11 105.13 (1) The department may issue licenses to employment agents, and refuse to issue a license whenever, after investigation, the department finds that the character of the applicant makes the applicant unfit to be an employment agent or that the applicant has failed to pay court-ordered payments as provided in sub. (2), or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use. Any license granted by the department may be suspended or revoked by it upon notice to the licensee and good cause. Failure to comply with this chapter and rules promulgated thereunder, or with any lawful orders of the department, is cause to suspend or revoke a license. Failure to pay court-ordered payments as provided in sub. (2) is cause to deny, suspend, restrict, refuse to renew or otherwise withhold a license.

SB494, s. 124 Section 124. 105.13 (2) of the statutes is created to read:

SB494,97,23 105.13 (2) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold an employment agent's license for failure of the applicant or licensee 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 licensee 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), any action taken under this subsection 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.

SB494, s. 125 Section 125. 108.14 (7) (a) of the statutes is amended to read:

SB494,98,10 108.14 (7) (a) The records made or maintained by the department or commission in connection with the administration of this chapter are confidential and shall be open to public inspection or disclosure only to the extent that the department or commission permits in the interest of the unemployment compensation program. No person may permit inspection or disclosure of any record provided to it by the department or commission unless the department or commission authorizes the inspection or disclosure. This paragraph does not apply to a request under s. 49.22 (2m) for disclosure of a record made by the subunit of the department that administers child and spousal support or a county child support agency under s. 59.53 (5).

SB494, s. 126 Section 126. 115.31 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB494,98,18 115.31 (6) (b) Upon receiving a report under sub. (3) relating to a person licensed by the state superintendent, the state superintendent shall investigate to determine whether to initiate revocation proceedings. During the investigation Except as provided in par. (bm), during the investigation, the state superintendent shall keep confidential all information pertaining to the investigation except the fact that an investigation is being conducted and the date of the revocation hearing.

SB494, s. 127 Section 127. 115.31 (6) (bm) of the statutes is created to read:

SB494,98,23 115.31 (6) (bm) At the request under s. 49.22 (2m) of the department of workforce development or a county child support agency under s. 59.53 (5), the state superintendent shall release information obtained under this subsection to the department of workforce development or the county child support agency.

SB494, s. 128 Section 128. 115.315 of the statutes is created to read:

SB494,99,9 115.315 Memorandum of understanding; license restriction and suspension. As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license or permit granted by the department if the licensee or permit holder 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 or permit holder 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 related to paternity or child support proceedings.

SB494, s. 129 Section 129. 118.19 (1r) of the statutes is created to read:

SB494,99,17 118.19 (1r) (a) As provided in the memorandum of understanding under s. 49.857, the department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494,99,24 (b) As provided in the memorandum of understanding under s. 49.857, the department may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant, licensee or permit holder 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, licensee or permit holder 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 related to paternity or child support proceedings.

SB494, s. 130 Section 130. 118.19 (10) (f) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB494,100,8 118.19 (10) (f) The state superintendent shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation. Such Except as provided in par. (g), such information is not subject to inspection or copying under s. 19.35.

SB494, s. 131 Section 131. 118.19 (10) (g) of the statutes is created to read:

SB494,100,13 118.19 (10) (g) At the request under s. 49.22 (2m) of the department of workforce development or a county child support agency under s. 59.53 (5), the state superintendent shall release information obtained under this subsection to the department of workforce development or the county child support agency.

SB494, s. 132 Section 132. 120.13 (2) (e) of the statutes is amended to read:

SB494,100,21 120.13 (2) (e) All Except as provided in par. (f), personally identifiable medical and claims records relating to any self-insurance plan under par. (b) shall be kept confidential by the administrator of the self-insurance plan and shall be exempt from disclosure pursuant to s. 19.36 (1). This paragraph does not prohibit the release of personally identifiable records to school district personnel, to the extent that performance of their duties requires access to the records, but only with the prior written informed consent of the insured.

SB494, s. 133 Section 133. 120.13 (2) (f) of the statutes is created to read:

SB494,101,2 120.13 (2) (f) At the request under s. 49.22 (2m) of the department of workforce development or a county child support agency under s. 59.53 (5), the school board shall direct the administrator of the self-insurance plan to release information obtained under this subsection to the department of workforce development or the county child support agency.

SB494, s. 134 Section 134. 120.13 (2) (g) of the statutes, as affected by 1997 Wisconsin Act 27, section 2860f, is amended to read:

SB494,101,8 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) to (13), 632.896, 767.25 (4m) (d) and, 767.51 (3m) (d) and 767.62 (4) (b) 4.

SB494, s. 135 Section 135. 125.07 (4) (cm) of the statutes is amended to read:

SB494,101,18 125.07 (4) (cm) When a court revokes or suspends a person's operating privilege under par. (bs) or (c), the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency. This paragraph does not apply to any information requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).