SB494: Bill Text

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:

SB494,134,19 218.51 (5) (a) The department may without notice deny the application for a buyer identification card 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. (4m).

SB494, s. 238 Section 238. 218.51 (5) (b) of the statutes is amended to read:

SB494,135,7 218.51 (5) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. 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. (4m).

SB494, s. 239 Section 239. 220.01 (1e) of the statutes is created to read:

SB494,135,9 220.01 (1e) "Department" means the department of financial institutions.

SB494, s. 240 Section 240. Chapter 224 (title) of the statutes is amended to read:

SB494,135,14 CHAPTER 224 MISCELLANEOUS BANKING AND FINANCIAL INSTITUTIONS PROVISIONS

SB494, s. 241 Section 241. 224.092 of the statutes is renumbered 224.25.

SB494, s. 242 Section 242. 224.093 of the statutes is renumbered 224.26.

SB494, s. 243 Section 243. Subchapter II (title) of chapter 224 [precedes 224.25] of the statutes is created to read:

SB494,135,19 CHAPTER 224

SB494,135,21 subchapter II FINANCIAL INSTITUTIONS

SB494, s. 244 Section 244. 224.40 of the statutes is created to read:

SB494,135,24 224.40 Disclosure of financial records for child support enforcement. (1) Definitions. In this section:

SB494,136,2 (a) "County child support agency" means a county child support agency under s. 59.53 (5).

SB494,136,3 (b) "Financial institution" has the meaning given in s. 49.853 (1) (c).

SB494,136,4 (c) "Financial record" has the meaning given in 12 USC 3401.

SB494,136,7 (2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of workforce development in accordance with rules promulgated under s. 49.853 (2).

SB494,136,9 (3) Limited liability. A financial institution is not liable to any person for any of the following:

SB494,136,12 (a) Disclosing a financial record of an individual to the county child support agency attempting to establish, modify or enforce a child support obligation of the individual.

SB494,136,15 (b) Disclosing information to the department of workforce development or a county child support agency pursuant to the financial record matching program under s. 49.853.

SB494,136,18 (c) Encumbering or surrendering any assets held by the financial institution in response to instructions provided by the department of workforce development or a county child support agency for the purpose of enforcing a child support obligation.

SB494,136,19 (d) Any other action taken in good faith to comply with s. 49.853 or 49.854.

SB494, s. 245 Section 245. Subchapter II of chapter 224 [precedes 224.70] of the statutes is renumbered subchapter III of chapter 224 [precedes 224.70].

SB494, s. 246 Section 246. 224.72 (2) (c) of the statutes is created to read:

SB494,136,24 224.72 (2) (c) Social security numbers. 1. If the applicant is an individual, the application shall include the social security number of the individual.

SB494,137,3 2. The department of financial institutions 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. 247 Section 247. 224.72 (5) (a) of the statutes is amended to read:

SB494,137,8 224.72 (5) (a) Loan originator and loan solicitor. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

SB494, s. 248 Section 248. 224.72 (5) (b) 1. of the statutes is amended to read:

SB494,137,15 224.72 (5) (b) 1. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

SB494, s. 249 Section 249. 224.72 (5) (b) 2. of the statutes is amended to read:

SB494,137,22 224.72 (5) (b) 2. If Except as provided in sub. (7m), if within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

SB494, s. 250 Section 250. 224.72 (7m) of the statutes is created to read:

SB494,138,13 224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if the applicant for the issuance or renewal is an individual who has failed to provide the information required under sub. (2) (c) 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 registration is not issued or renewed 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. 251 Section 251. 224.77 (6) of the statutes is created to read:

SB494,139,2 224.77 (6) Restriction or suspension of registration. The department shall restrict or suspend the registration of a mortgage banker, loan originator or loan solicitor if the registrant 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 registrant whose registration 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 section.

SB494, s. 252 Section 252. 227.03 (4m) of the statutes is created to read:

SB494,139,7 227.03 (4m) Subchapter III does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s. 49.857.

SB494, s. 253 Section 253. 230.13 (1) (intro.) of the statutes is amended to read:

SB494,139,11 230.13 (1) (intro.) Except as provided in sub. (3) and s. 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:

SB494, s. 254 Section 254. 230.13 (2) of the statutes is amended to read:

SB494,139,15 230.13 (2) Unless the name of an applicant is certified under s. 230.25, the secretary and the administrator shall keep records of the identity of an applicant for a position closed to the public, except as provided in sub. (3).

SB494, s. 255 Section 255. 230.13 (3) of the statutes is created to read: