SB494: Bill Text

SB494, s. 175 Section 175. 170.12 (8) (b) of the statutes is created to read:

SB494,113,24 170.12 (8) (b) 1. In the case of an applicant who is an individual, the board shall deny an application for an original or renewal permit if the applicant fails to provide the information required under sub. (3) (em) 1., 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 fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494,114,8 2. In the case of a permit holder who is an individual, the board shall restrict or suspend any permit already granted if the 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 or fails 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 176 Section 176. 175.35 (2k) (bm) of the statutes is created to read:

SB494,114,13 175.35 (2k) (bm) Notwithstanding par. (ar), the department of justice shall provide information from any record under this section in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 177 Section 177. 175.35 (2k) (i) of the statutes is amended to read:

SB494,114,16 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) (bm) to (j).

SB494, s. 178 Section 178. 217.05 (intro.) of the statutes is renumbered 217.05 (1) (intro.).

SB494, s. 179 Section 179. 217.05 (1) to (4) of the statutes are renumbered 217.05 (1) (a) to (d).

SB494, s. 180 Section 180. 217.05 (1m) of the statutes is created to read:

SB494,114,23 217.05 (1m) (a) In addition to the information required under sub. (1), the application shall include, if the applicant is an individual, the applicant's social security number.

SB494,115,3 (b) The division may not disclose any information received under par. (a) to any person except the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB494, s. 181 Section 181. 217.06 (4) of the statutes is created to read:

SB494,115,6 217.06 (4) The applicant has provided the information required under s. 217.05 (1m) (a).

SB494, s. 182 Section 182. 217.06 (6) of the statutes is created to read:

SB494,115,15 217.06 (6) If the applicant is an individual, the applicant 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. 183 Section 183. 217.09 (1m) of the statutes is created to read:

SB494,116,2 217.09 (1m) The division shall restrict or suspend any license issued under this chapter to an individual, if the individual 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 subsection 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 chapter.

SB494, s. 184 Section 184. 217.09 (4) of the statutes is amended to read:

SB494,116,10 217.09 (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. Suspensions under sub. (1m) shall suspend the authorization to operate at all locations operated by the licensee.

SB494, s. 185 Section 185. 218.01 (2) (h) 3. of the statutes is amended to read:

SB494,116,23 218.01 (2) (h) 3. An applicant or licensee furnishing information under subd. 1. may designate the information as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The licensor shall notify the applicant or licensee providing the information 15 days before any information designated as a trade secret or as confidential business information is disclosed to the legislature, a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s. 605.01 (1), or any other person. The applicant or licensee furnishing the information may seek a court order limiting or prohibiting the disclosure. In such cases, the court shall weigh the need for confidentiality of the information against the public interest in the disclosure. A designation under this subdivision 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. 186 Section 186. 218.01 (2) (ie) of the statutes is created to read:

SB494,117,6 218.01 (2) (ie) 1. In addition to any other information required under this subsection, an application by an individual for the issuance or renewal of a license described in par. (d) shall include the individual's social security number. The licensor may not disclose a social security number obtained under this subdivision to any person except the department of workforce development for the sole purpose of administering s. 49.22.

SB494,117,8 2. The licensor shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

SB494, s. 187 Section 187. 218.01 (2) (ig) of the statutes is created to read:

SB494,117,12 218.01 (2) (ig) 1. In addition to any other information required under this subsection, an application by an individual for a license described in par. (dr) shall include the individual's social security number.

SB494,117,15 2. The licensor 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. 188 Section 188. 218.01 (3) (ag) of the statutes is created to read:

SB494,118,2 218.01 (3) (ag) A license described in sub. (2) (d) 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. No provision of this section that entitles an applicant or licensee to a notice or hearing applies to a denial, restriction, limitation or suspension of a license under this paragraph.

SB494, s. 189 Section 189. 218.01 (3) (am) of the statutes is created to read:

SB494,118,5 218.01 (3) (am) 1. A license described in sub. (2) (dr) shall be denied if the applicant fails to provide the information required under sub. (2) (ig) 1.

SB494,118,17 2. A license described in sub. (2) (dr) shall be denied, restricted or suspended if the applicant or 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. An applicant whose application is denied or 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 any other notice or hearing under this section.

SB494, s. 190 Section 190. 218.02 (2) (a) of the statutes is renumbered 218.02 (2) (a) 1. and amended to read:

SB494,119,2 218.02 (2) (a) 1. 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. If the applicant for a license under this section is an individual, the application shall include the applicant's social security number.

SB494, s. 191 Section 191. 218.02 (2) (a) 2. of the statutes is created to read:

SB494,119,6 218.02 (2) (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. 192 Section 192. 218.02 (3) (e) of the statutes is created to read:

SB494,119,15 218.02 (3) (e) That, if the applicant is an individual, the applicant 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. 193 Section 193. 218.02 (6) of the statutes is renumbered 218.02 (6) (a).

SB494, s. 194 Section 194. 218.02 (6) (b) of the statutes is created to read:

SB494,119,25 218.02 (6) (b) In accordance with a memorandum of understanding entered into under s. 49.587, the division shall restrict or suspend a license 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.

SB494, s. 195 Section 195. 218.02 (9) (a) of the statutes is amended to read:

SB494,120,13 218.02 (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. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037. This paragraph does not apply to applications for licenses that are denied or licenses that are restricted or suspended because the applicant or licensee 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. 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: