SB494: Bill Text

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:

SB494,139,20 230.13 (3) The secretary and the administrator shall provide to the department of workforce development or a county child support agency under s. 59.53 (5) any information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section.

SB494, s. 256 Section 256. 250.041 of the statutes is created to read:

SB494,140,2 250.041 Denial, nonrenewal and suspension of registration, license, certification, approval, permit and certificate based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:

SB494,140,3 (a) A registration under s. 250.05 (5).

SB494,140,4 (b) A license under s. 252.23 (2) or 252.24 (2).

SB494,140,5 (c) A certification under s. 254.176 (1) or (3) or 254.20 (2), (3) or (4).

SB494,140,6 (d) An approval under s. 254.178 (2) (a).

SB494,140,7 (e) A permit under s. 254.47 (1), 254.64 (1) (a) or (b) or 255.08 (2).

SB494,140,8 (f) A certificate under s. 254.71 (2).

SB494,140,12 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under s. 49.857.

SB494,140,24 (3) The department of health and family services shall deny an application for the issuance or renewal of a registration, license, certification, approval, permit or certificate specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), suspend or restrict a registration, license, certification, approval, permit or certificate specified in sub. (1) if the department of workforce development certifies under s. 49.857 that the applicant for or holder of the registration, license, certification, approval, permit or certificate is delinquent in the payment of 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 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. 257 Section 257. 250.05 (5) of the statutes is amended to read:

SB494,141,5 250.05 (5) Registration. The Except as provided in s. 250.041, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

SB494, s. 258 Section 258. 250.05 (6) of the statutes is amended to read:

SB494,141,16 250.05 (6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. The Except as provided in s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department.

SB494, s. 259 Section 259. 250.05 (8) of the statutes is amended to read:

SB494,141,21 250.05 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, revoke or suspend under this section the registration of any sanitarian for practice of fraud or deceit in obtaining the registration or any gross professional negligence, incompetence or misconduct.

SB494, s. 260 Section 260. 252.23 (2) of the statutes is amended to read:

SB494,142,3 252.23 (2) Department; duty. The Except as provided in s. 250.041, the department shall provide uniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.

SB494, s. 261 Section 261. 252.23 (4) (a) of the statutes is amended to read:

SB494,142,8 252.23 (4) (a) Standards Except as provided in s. 250.041, standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section.

SB494, s. 262 Section 262. 252.24 (2) of the statutes is amended to read:

SB494,142,16 252.24 (2) Department; duty. The Except as provided in s. 250.041, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.

SB494, s. 263 Section 263. 252.24 (4) (a) of the statutes is amended to read:

SB494,142,21 252.24 (4) (a) Standards Except as provided in s. 250.041, standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section.

SB494, s. 264 Section 264. 254.176 (1) of the statutes is amended to read:

SB494,143,2 254.176 (1) Except as provided in sub. (2) and s. 250.041, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

SB494, s. 265 Section 265. 254.176 (3) (intro.) of the statutes is amended to read:

SB494,143,6 254.176 (3) (intro.)  The Except as provided in s. 250.041, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

SB494, s. 266 Section 266. 254.176 (3) (a) of the statutes is amended to read:

SB494,143,10 254.176 (3) (a) Shall include requirements and procedures for issuing, renewing, revoking and suspending under this section certifications issued under this section.

SB494, s. 267 Section 267. 254.178 (1) (b) of the statutes is amended to read:

SB494,143,14 254.178 (1) (b) No Except as provided in s. 250.041, no person may function as an instructor of a lead training course accredited under this section unless the person is approved by the department under this section.

SB494, s. 268 Section 268. 254.178 (2) (intro.) of the statutes is amended to read:

SB494,143,18 254.178 (2) (intro.) The department shall promulgate rules establishing requirements, except as provided in s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules: