SB494: Bill Text

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).

SB494, s. 136 Section 136. 125.085 (3) (bp) of the statutes is amended to read:

SB494,102,3 125.085 (3) (bp) When a court suspends a person's operating privilege under par. (bd), the department of transportation may not disclose information concerning or relating to the 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 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).

SB494, s. 137 Section 137. 127.17 (2) (a) of the statutes is amended to read:

SB494,102,11 127.17 (2) (a) Grounds; procedure for suspension or revocation. The department may deny, suspend or revoke a warehouse keeper's or grain dealer's license if the warehouse keeper or grain dealer violates this chapter or any rule promulgated or special order issued under this chapter. The department may suspend or revoke a license under this paragraph by special order under sub. (1) (a) 1. or, if necessary to prevent clear and imminent harm to producers or depositors, by a summary special order under sub. (1) (a) 2.

SB494, s. 138 Section 138. 127.17 (2) (b) of the statutes is amended to read:

SB494,102,15 127.17 (2) (b) Suspension of grain dealer license. If a grain dealer's license is suspended under par. (a), the grain dealer may not purchase or receive grain from producers or sell or ship grain, except under the supervision of the department.

SB494, s. 139 Section 139. 127.17 (2) (c) 1. of the statutes is amended to read:

SB494,102,19 127.17 (2) (c) 1. If a grain dealer's license is revoked under par. (a), the grain dealer may not purchase, receive, sell or ship grain except as the department permits by order.

SB494, s. 140 Section 140. 127.17 (2) (d) of the statutes is amended to read:

SB494,102,24 127.17 (2) (d) Suspension of a warehouse keeper's license. If a warehouse keeper's license is suspended under par. (a), the warehouse keeper may not purchase or receive grain from depositors or sell or ship grain, except under the supervision of the department.

SB494, s. 141 Section 141. 127.17 (2) (e) 1. of the statutes is amended to read:

SB494,103,3 127.17 (2) (e) 1. If a warehouse keeper's license is revoked under par. (a), the warehouse keeper may not purchase, receive, sell or ship grain except as the department permits by order.

SB494, s. 142 Section 142. 134.43 (3m) of the statutes is created to read:

SB494,103,7 134.43 (3m) Subsections (2) (b), (2m) and (3) do 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).

SB494, s. 143 Section 143. 138.09 (1m) of the statutes is renumbered 138.09 (1m) (a).

SB494, s. 144 Section 144. 138.09 (1m) (b) of the statutes is created to read:

SB494,103,11 138.09 (1m) (b) 1. If the applicant is an individual, an application under par. (a) for a license shall contain the applicant's social security number.

SB494,103,14 2. The division may not disclose any information received under subd. 1. to any person except the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB494, s. 145 Section 145. 138.09 (3) (a) of the statutes is amended to read:

SB494,103,24 138.09 (3) (a) Upon the filing of such application and the payment of such fee, the division shall investigate the relevant facts, and if. Except as provided in par. (am), if the division shall find 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 to make loans in accordance with the provisions of this section. If the division shall not so find, the division shall deny such application.

SB494, s. 146 Section 146. 138.09 (3) (am) of the statutes is created to read:

SB494,104,9 138.09 (3) (am) If the applicant is an individual, the division may not issue a license under this section if the applicant has failed to provide his or her social security number, if the applicant 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 or if the applicant 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 147 Section 147. 138.09 (4) of the statutes is renumbered 138.09 (4) (a).

SB494, s. 148 Section 148. 138.09 (4) (b) of the statutes is created to read:

SB494,104,22 138.09 (4) (b) The division shall restrict or suspend a license under this section if, in the case of a licensee who is an individual, 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 related to paternity or child support proceedings or 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (a).

SB494, s. 149 Section 149. 138.12 (3) (d) of the statutes is created to read:

SB494,104,25 138.12 (3) (d) 1. If the applicant is an individual, an application for a license under this section shall contain the applicant's social security number.

SB494,105,3 2. The division may not disclose any information received under subd. 1. to any person except the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB494, s. 150 Section 150. 138.12 (4) (a) of the statutes is amended to read:

SB494,105,13 138.12 (4) (a) Upon the filing of an application and the payment of the required fees under par. (am) 1., the division shall make an investigation of each applicant and shall issue a license if the division finds the applicant is qualified in accordance with this section. If the division does not so find, the division shall, within 30 days after the division has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing, except that an applicant whose application is denied under par. (b) 6. is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under this paragraph.

SB494, s. 151 Section 151. 138.12 (4) (b) 4. of the statutes is created to read:

SB494,105,15 138.12 (4) (b) 4. Has provided the information required under sub. (3) (d) 1.

SB494, s. 152 Section 152. 138.12 (4) (b) 6. of the statutes is created to read:

SB494,105,23 138.12 (4) (b) 6. If an individual, has not failed 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 and is not 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 153 Section 153. 138.12 (5) (am) of the statutes is created to read:

SB494,106,13 138.12 (5) (am) 1. The division shall deny an application for a license renewal if, in the case of an applicant who is an individual, the applicant fails to provide his or her social security number, 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 or 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subdivision for delinquent payments or a failure to comply with a subpoena or warrant is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (b).

SB494,106,25 2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, 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 related to paternity or child support proceedings or 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (b).

SB494, s. 154 Section 154. 146.50 (5) (a) of the statutes is amended to read:

SB494,107,6 146.50 (5) (a) The Except as provided in s. 146.51, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.

SB494, s. 155 Section 155. 146.50 (5) (b) of the statutes is amended to read:

SB494,107,10 146.50 (5) (b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in s. 146.51, and specifying the period for which an individual may hold a training permit.

SB494, s. 156 Section 156. 146.50 (5) (g) of the statutes is amended to read:

SB494,107,16 146.50 (5) (g) An Except as provided in s. 146.51, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.

SB494, s. 157 Section 157. 146.50 (6) (a) (intro.) of the statutes is amended to read:

SB494,107,19 146.50 (6) (a) (intro.) To Except as provided in s. 146.51, to be eligible for an initial license as an emergency medical technician, an individual shall:

SB494, s. 158 Section 158. 146.50 (6) (b) 1. of the statutes is amended to read:

SB494,107,24 146.50 (6) (b) 1. To Except as provided in s. 146.51, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under subd. 2.

SB494, s. 159 Section 159. 146.50 (6) (c) (intro.) of the statutes is amended to read:

SB494,108,10 146.50 (6) (c) (intro.) To Except as provided in s. 146.51, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employes of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:

SB494, s. 160 Section 160. 146.50 (6g) (a) of the statutes is amended to read:

SB494,108,14 146.50 (6g) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.

SB494, s. 161 Section 161. 146.50 (7) of the statutes is amended to read:

SB494,108,22 146.50 (7) Licensing in other jurisdictions. The Except as provided in s. 146.51, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.

SB494, s. 162 Section 162. 146.50 (8) (a) of the statutes is amended to read:

SB494,108,25 146.50 (8) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants as first responders—defibrillation.

SB494, s. 163 Section 163. 146.50 (8) (b) of the statutes is amended to read:

SB494,109,4 146.50 (8) (b) To be eligible for initial certification as a first responder—defibrillation, except as provided in s. 146.51, an individual shall meet requirements specified in rules promulgated by the department.

SB494, s. 164 Section 164. 146.50 (8) (c) of the statutes is amended to read:

SB494,109,9 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder—defibrillation, except as provided in s. 146.51, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.

SB494, s. 165 Section 165. 146.50 (8) (f) of the statutes is amended to read:

SB494,109,18 146.50 (8) (f) The Except as provided in s. 146.51, the department may issue a certificate as a first responder—defibrillation, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders—defibrillation in this state, and that the applicant is otherwise qualified.

SB494, s. 166 Section 166. 146.51 of the statutes is created to read: