SB494: Bill Text

SB494, s. 196 Section 196. 218.04 (3) (a) of the statutes is renumbered 218.04 (3) (a) 1. and amended to read:

SB494,120,20 218.04 (3) (a) 1. 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 30 next following their date of issue. If the applicant for a license under this section is an individual, the application shall include the applicant's social security number.

SB494, s. 197 Section 197. 218.04 (3) (a) 2. of the statutes is created to read:

SB494,120,24 218.04 (3) (a) 2. The division may not disclose an applicant's social security number 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. 198 Section 198. 218.04 (4) (a) of the statutes is amended to read:

SB494,121,11 218.04 (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.

SB494, s. 199 Section 199. 218.04 (4) (am) of the statutes is created to read:

SB494,121,25 218.04 (4) (am) The division may not issue a license under this subsection 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 application is denied under this paragraph for delinquent payments or 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 any other notice or hearing under this section.

SB494, s. 200 Section 200. 218.04 (5) (am) of the statutes is created to read:

SB494,122,13 218.04 (5) (am) The division shall restrict or suspend a license issued under this section if the division finds that the licensee is an individual who 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 who 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 any other notice or hearing under this section.

SB494, s. 201 Section 201. 218.04 (5) (b) of the statutes is amended to read:

SB494,122,21 218.04 (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.

SB494, s. 202 Section 202. 218.04 (9) of the statutes is amended to read:

SB494,123,7 218.04 (9) Administrative review. Any licensee or other person in interest being dissatisfied with any order of the division made under this section may have a review thereof as provided in s. 220.037. This subsection does not apply to an application for a license that is denied, or a license that is restricted or suspended, because the applicant or licensee is an individual who has 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 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.

SB494, s. 203 Section 203. 218.05 (3) (am) of the statutes is created to read:

SB494,123,11 218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section by an individual shall contain the applicant's social security number.

SB494,123,14 2. The division may not disclose an applicant's social security number 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. 204 Section 204. 218.05 (4) (b) of the statutes is amended to read:

SB494,124,2 218.05 (4) (b) If the division shall finds that the conditions under par. (a) 1. to 3. are not met, the division shall not issue the license and shall notify the applicant of the denial, retaining the investigation fee to cover the cost of investigating the applicant. The division shall approve or deny every application within 30 days from the filing thereof. No application shall be denied unless the applicant has had notice of a hearing on the application and an opportunity to be heard thereon. If the application is denied, the division shall, within 20 days thereafter, prepare and keep on file with the division a written order of denial which shall contain the division's findings with respect thereto and the reasons supporting the denial. The division shall mail a copy of the order of denial to the applicant at the address set forth in the application, within 5 days after the filing of the order.

SB494, s. 205 Section 205. 218.05 (4) (c) of the statutes is created to read:

SB494,124,16 218.05 (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 is an individual who fails to provide the information required under sub. (3) (am) 1., who 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 who 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 application is denied under this paragraph for delinquent payments or 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 any notice or hearing under par. (b).

SB494, s. 206 Section 206. 218.05 (11) of the statutes is amended to read:

SB494,125,9 218.05 (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 is an individual who fails to provide the information required under sub. (3) (am) 1., 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 application is denied under this subsection for delinquent payments or 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 any other notice or hearing under this section.

SB494, s. 207 Section 207. 218.05 (12) (title) of the statutes is amended to read:

SB494,125,11 218.05 (12) (title) Revocation; surrender; notice restriction and suspension .

SB494, s. 208 Section 208. 218.05 (12) (am) of the statutes is created to read:

SB494,125,23 218.05 (12) (am) The division shall restrict or suspend any license issued under this section if the licensee is an individual who 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 who 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 any other notice or hearing under this section.

SB494, s. 209 Section 209. 218.05 (13) of the statutes is amended to read:

SB494,126,12 218.05 (13) Review of orders. Any person aggrieved by any order of the division made under this section may have a review thereof by the consumer credit review board under s. 220.037. This subsection does not apply to an application for a license or a license renewal that is denied, or a license that is restricted or suspended, because the applicant or licensee is an individual who has 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 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.

SB494, s. 210 Section 210. 218.11 (2) (a) of the statutes is amended to read:

SB494,126,19 218.11 (2) (a) 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 applicant is an individual, the application shall include the applicant's social security number. The licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

SB494, s. 211 Section 211. 218.11 (2) (am) of the statutes is created to read:

SB494,126,23 218.11 (2) (am) The licensor may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 212 Section 212. 218.11 (6m) of the statutes is created to read:

SB494,127,8 218.11 (6m) A license under this section shall be denied, restricted, limited or suspended if an applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 213 Section 213. 218.11 (7) (a) of the statutes is amended to read:

SB494,127,17 218.11 (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. (6m).

SB494, s. 214 Section 214. 218.11 (7) (b) of the statutes is amended to read:

SB494,128,5 218.11 (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 suspended under sub. (6m).

SB494, s. 215 Section 215. 218.12 (2) (a) of the statutes is amended to read:

SB494,128,11 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

SB494, s. 216 Section 216. 218.12 (2) (am) of the statutes is created to read:

SB494,128,15 218.12 (2) (am) 1. The licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

SB494,128,18 2. The licensor may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 217 Section 217. 218.12 (3m) of the statutes is created to read:

SB494,129,2 218.12 (3m) A license shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 218 Section 218. 218.12 (5) of the statutes is amended to read:

SB494,129,8 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial or suspension of a license under sub. (3m).

SB494, s. 219 Section 219. 218.21 (2) (ag) of the statutes is created to read:

SB494,129,11 218.21 (2) (ag) If the applicant is an individual, the social security number of the individual.

SB494, s. 220 Section 220. 218.21 (2m) of the statutes is created to read:

SB494,129,15 218.21 (2m) (a) The department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

SB494,129,18 (b) The department of transportation may not disclose a social security number obtained under sub. (2) (ag) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 221 Section 221. 218.22 (3m) of the statutes is created to read:

SB494,130,2 218.22 (3m) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 222 Section 222. 218.22 (4) (a) of the statutes is amended to read:

SB494,130,9 218.22 (4) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3m).

SB494, s. 223 Section 223. 218.22 (4) (b) of the statutes is amended to read:

SB494,130,20 218.22 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended under sub. (3m).

SB494, s. 224 Section 224. 218.31 (1) (ag) of the statutes is created to read:

SB494,130,23 218.31 (1) (ag) When the applicant is an individual, the social security number of the individual.

SB494, s. 225 Section 225. 218.31 (1m) of the statutes is created to read:

SB494,131,3 218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

SB494,131,6 (b) The department of transportation may not disclose a social security number obtained under sub. (1) (ag) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 226 Section 226. 218.32 (3m) of the statutes is created to read:

SB494,131,15 218.32 (3m) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 227 Section 227. 218.32 (4) (a) of the statutes is amended to read:

SB494,131,22 218.32 (4) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3m).

SB494, s. 228 Section 228. 218.32 (4) (b) of the statutes is amended to read:

SB494,132,8 218.32 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended under sub. (3m).

SB494, s. 229 Section 229. 218.41 (2) (a) of the statutes is amended to read:

SB494,132,13 218.41 (2) (a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires. If the applicant is an individual, the application shall include the applicant's social security number.

SB494, s. 230 Section 230. 218.41 (2) (am) of the statutes is created to read:

SB494,132,17 218.41 (2) (am) 1. The department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

SB494,132,20 2. The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 231 Section 231. 218.41 (3m) of the statutes is created to read:

SB494,133,4 218.41 (3m) A license shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 232 Section 232. 218.41 (4) of the statutes is amended to read:

SB494,133,11 218.41 (4) The department may without notice deny the application for a license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the division of hearings and appeals shall set the time and place of hearing a review of such denial, the same to be heard with reasonable promptness. This subsection does not apply to denials of applications for licenses under sub. (3m).

SB494, s. 233 Section 233. 218.41 (5) (d) of the statutes is created to read:

SB494,133,14 218.41 (5) (d) This subsection does not apply to licenses that are suspended under sub. (3m).

SB494, s. 234 Section 234. 218.51 (3) (a) of the statutes is amended to read:

SB494,133,19 218.51 (3) (a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application. If the applicant is an individual, the application shall include the applicant's social security number.

SB494, s. 235 Section 235. 218.51 (3) (am) of the statutes is created to read:

SB494,133,23 218.51 (3) (am) 1. The department shall deny an application for the issuance or renewal of a buyer identification card if an individual has not included his or her social security number in the application.

SB494,134,3 2. The department of transportation may not disclose a social security number obtained under par. (a) to any person except the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 236 Section 236. 218.51 (4m) of the statutes is created to read:

SB494,134,12 218.51 (4m) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who 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 who 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 237 Section 237. 218.51 (5) (a) of the statutes is amended to read: