SB494: Bill Text

SB494, s. 286 Section 286. 255.08 (13) of the statutes is amended to read:

SB494,148,13 255.08 (13) Denial, suspension or revocation of permits. The department may under this section, after a hearing under ch. 227, deny issuance of a permit to an applicant or suspend or revoke any permit issued under sub. (2) if the applicant or permit holder or his or her employe violates sub. (2), (3), (4), (5), (6), (7), (9) or (11) or any rule promulgated thereunder.

SB494, s. 287 Section 287. 280.13 (4) of the statutes is amended to read:

SB494,148,24 280.13 (4) No order revoking a permit under sub. (2) shall be made until after a public hearing to be held before the department in the county where the permittee has his or her place of business. If the permittee is a nonresident, the hearing shall be at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the permittee and to the permittee's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceedings had at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party.

SB494, s. 288 Section 288. 281.48 (3) (a) of the statutes is amended to read:

SB494,149,8 281.48 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If Except as provided in s. 299.08, if the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license. The license fee shall accompany all applications.

SB494, s. 289 Section 289. 281.48 (5) (b) of the statutes is amended to read:

SB494,149,11 281.48 (5) (b) The department may not reissue a license for a period of one year after revocation under par. (a).

SB494, s. 290 Section 290. 291.15 (2) (d) of the statutes is amended to read:

SB494,150,8 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall release to the department of workforce development or a county child support agency under s. 59.53 (5) records and other information granted confidential status under this subsection if 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. 291 Section 291. 299.08 of the statutes is created to read:

SB494,150,13 299.08 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) (a) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

SB494,150,14 1. A registration under s. 280.15.

SB494,150,15 2. A certification under s. 281.17 (3).

SB494,150,16 3. A license or certification under s. 281.48 (3).

SB494,150,17 4. A certification under s. 285.51 (2).

SB494,150,18 5. A certification under s. 289.42 (1).

SB494,150,19 6. A license under s. 291.23.

SB494,150,20 7. A license under s. 299.51 (3) (c).

SB494,150,23 (b) The department of natural resources may not disclose any information received under par. (a) to any person except to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB494,151,7 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make 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 failure 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 relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB494, s. 292 Section 292. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

SB494,151,15 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 301.46 and, except as needed for law enforcement purposes and except to provide information 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. 293 Section 293. 302.372 (2) (b) of the statutes is amended to read:

SB494,152,6 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions and annuities and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide information from a form completed under this paragraph 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. 294 Section 294. 341.51 (4) (am) of the statutes is created to read:

SB494,152,9 341.51 (4) (am) If the applicant is an individual, the social security number of the individual.

SB494, s. 295 Section 295. 341.51 (4g) of the statutes is created to read:

SB494,152,13 341.51 (4g) (a) The department shall deny an application for the issuance or renewal of registration if an individual has not included his or her social security number in the application.

SB494,152,16 (b) The department of transportation may not disclose a social security number obtained under sub. (4) (am) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 296 Section 296. 341.51 (4m) of the statutes is created to read:

SB494,152,25 341.51 (4m) A registration 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. 297 Section 297. 343.14 (2j) of the statutes is created to read:

SB494,153,4 343.14 (2j) (a) The department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application.

SB494,153,8 (b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 298 Section 298. 343.14 (3) (b) of the statutes is amended to read:

SB494,153,14 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50 (4) may be maintained by the department and shall be kept confidential. The department may release a photograph only to the person whose photograph was taken or, if requested under s. 49.22 (2m), to the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 299 Section 299. 343.24 (3) of the statutes is amended to read:

SB494,153,21 343.24 (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or, the minor who committed the violation or his or her parent or guardian or, if requested under s. 49.22 (2m), the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 300 Section 300. 343.30 (5) of the statutes is amended to read:

SB494,154,9 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351 or 938 or s. 767.303, 800.09 (1) (c), 800.095 (4) (b) 4. or 961.50. When a court revokes, suspends or restricts a child's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies. This subsection 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. 301 Section 301. 343.305 (6) (e) of the statutes is created to read:

SB494,154,13 343.305 (6) (e) 1. In this paragraph, "licensor" means the department, either the department of health and family services or the department of transportation, issuing a permit or laboratory approval under this subsection.

SB494,154,18 2. a. In addition to any other information required by a licensor, an application by an individual for a permit or laboratory approval under this subsection shall include the individual's social security number. The licensor may not disclose any information received under this subd. 2. a. to any person except the department of workforce development for the sole purpose of administering s. 49.22.

SB494,154,21 b. The licensor shall deny an application for the issuance or, if applicable, an application for the renewal of a permit or laboratory approval if the information required under subd. 2. a. is not included in the application.

SB494,155,5 3. A permit or laboratory approval under this subsection 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. 302 Section 302. 343.345 of the statutes is created to read:

SB494,155,15 343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person 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. 303 Section 303. 343.50 (8) (b) of the statutes is amended to read:

SB494,156,2 343.50 (8) (b) The department shall not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not apply to any record or other 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. 304 Section 304. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) and amended to read:

SB494,156,9 343.61 (2) (a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. If the applicant is an individual, the application shall include the applicant's social security number.

SB494, s. 305 Section 305. 343.61 (2) (b) of the statutes is created to read:

SB494,156,13 343.61 (2) (b) 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. 306 Section 306. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

SB494,156,19 343.62 (2) (a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. The application shall include the applicant's social security number.

SB494, s. 307 Section 307. 343.62 (2) (b) of the statutes is created to read:

SB494,156,23 343.62 (2) (b) 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. 308 Section 308. 343.64 of the statutes is renumbered 343.64 (1).

SB494, s. 309 Section 309. 343.64 (2) of the statutes is created to read:

SB494,157,3 343.64 (2) The secretary shall deny the application of any individual for the issuance or renewal of a driver school license if the individual has not included his or her social security number in the application.

SB494, s. 310 Section 310. 343.65 of the statutes is renumbered 343.65 (1).

SB494, s. 311 Section 311. 343.65 (2) of the statutes is created to read:

SB494,157,8 343.65 (2) The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.

SB494, s. 312 Section 312. 343.66 (6) of the statutes is amended to read:

SB494,157,11 343.66 (6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (7) (1) (g).

SB494, s. 313 Section 313. 343.665 of the statutes is created to read:

SB494,157,22 343.665 Denial, restriction, limitation or suspension of driver school license. The secretary shall deny, restrict, limit or suspend any driver school license issued under s. 343.61 or refuse to issue a renewal for such 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. 314 Section 314. 343.675 of the statutes is created to read:

SB494,158,8 343.675 Denial, restriction, limitation or suspension of instructor's license. The secretary shall deny, restrict, limit or suspend any instructor's license issued under s. 343.62 or refuse to issue a renewal for such 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. 315 Section 315. 343.68 of the statutes is amended to read:

SB494,158,13 343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.665 and 343.675, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by ss. 343.64 to 343.72 occurring during any prior license period.

SB494, s. 316 Section 316. 343.69 of the statutes is amended to read:

SB494,158,22 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials of applications of licenses under s. 343.665 or 343.675.

SB494, s. 317 Section 317. 349.19 of the statutes is amended to read:

SB494,159,6 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that any report filed under this section may be provided under s. 49.22 (2m) to the department of workforce development or a county child support agency under under s. 59.53 (5).

SB494, s. 318 Section 318. 440.03 (7) of the statutes is amended to read:

SB494,159,14 440.03 (7) The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued or renewed under chs. 440 to 480. When establishing the format of credential renewal application forms, the department shall provide All forms shall include a place on the form for the information required under s. 440.08 (2g) (b) sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

SB494, s. 319 Section 319. 440.03 (11m) of the statutes is created to read:

SB494,159,18 440.03 (11m) (a) Each application form for a credential issued or renewed under chs. 440 to 480 shall provide a space for the department to require each of the following to provide his or her social security number:

SB494,159,21 1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

SB494,159,22 2. An applicant for reinstatement of an inactive license under s. 452.12 (6) (e).

SB494,160,2 (b) The department shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form.

SB494, s. 320 Section 320. 440.035 (5) of the statutes is created to read:

SB494,160,11 440.035 (5) Deny an application for an initial credential granted by the examining board or affiliated credentialing board if any information required under s. 440.03 (11m) (a) is not included in the application form. An examining board or affiliated credentialing may not disclose a social security number included on an application form except to the department of regulation and licensing or the department of workforce development for purposes of administering s. 49.22, and to the department of revenue for the sole purpose of making the determination required under s. 440.08 (2r).

SB494, s. 321 Section 321. 440.08 (2) (c) of the statutes is amended to read:

SB494,160,16 440.08 (2) (c) Renewal applications shall be submitted to the department on a form provided by the department that complies with sub. (2g) and, except Except as provided in sub. (3), renewal applications shall include the applicable renewal fee specified in pars. (a) and (b).

SB494, s. 322 Section 322. 440.08 (2g) (title), (a) and (b) of the statutes are repealed.

SB494, s. 323 Section 323. 440.08 (2g) (c) of the statutes is renumbered 440.03 (11m) (c) and amended to read: