SB494: Bill Text

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:

SB494,161,2 440.03 (11m) (c) Neither the The department nor any examining board or affiliated credentialing board of regulation and licensing may not disclose a social security number obtained from an applicant for credential renewal on a form established under par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of making the determination required under sub. s. 440.08 (2r).

SB494, s. 324 Section 324. 440.08 (4) (a) of the statutes is amended to read:

SB494,161,17 440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential. This paragraph does not apply to a denial of an application for credential renewal under s. 440.13 (2) (b).

SB494, s. 325 Section 325. 440.13 of the statutes is created to read:

SB494,161,20 440.13 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section:

SB494,161,22 (a) "Credentialing board" means an examining board or an affiliated credentialing board in the department.

SB494,161,25 (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development under s. 49.857.

SB494,162,1 (c) "Support" has the meaning given in s. 49.857 (1) (g).

SB494,162,4 (2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:

SB494,162,11 (a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support 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 support or paternity proceedings.

SB494,162,16 (b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support 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 support or paternity proceedings.

SB494,162,20 (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.

SB494, s. 326 Section 326. 440.43 (5) of the statutes is amended to read:

SB494,162,25 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes 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. 327 Section 327. 440.44 (10) of the statutes is amended to read:

SB494,163,5 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes 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. 328 Section 328. 440.92 (6) (d) of the statutes is amended to read:

SB494,163,11 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph 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. 329 Section 329. 440.93 (2) of the statutes is amended to read:

SB494,163,15 440.93 (2) The department shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

SB494, s. 330 Section 330. 442.12 (7) of the statutes is amended to read:

SB494,163,21 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is suspended under s. 440.13 (2) (c).

SB494, s. 331 Section 331. 443.06 (1) (a) of the statutes is amended to read:

SB494,164,6 443.06 (1) (a) Application for registration as a land surveyor or a permit to practice shall be made to the section under oath, on forms prescribed by the examining board and provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall be entitled to be registered or issued a permit to practice as land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB494, s. 332 Section 332. 443.10 (2) (a) of the statutes is amended to read:

SB494,164,15 443.10 (2) (a) Applications for registration or for a certificate of record shall be on forms prescribed by the examining board and provided by the department and shall contain statements made under oath showing the applicant's education and detail summary of the applicant's technical work and not less than 5 references, of whom 3 or more shall have personal knowledge of the applicant's architectural, landscape architectural, geological or engineering experience in the case of an application for registration or of the applicant's technical education or engineering work in the case of an application for a certificate of record.

SB494, s. 333 Section 333. 445.08 (4) (a) of the statutes is renumbered 445.08 (4) and amended to read:

SB494,164,24 445.08 (4) Applications for the examination at a time and place to be arranged and conducted by the examining board for a reciprocal funeral director's license shall be in writing and verified on a blank to be prescribed and furnished by the examining board, and be accompanied by such proof of compliance with the requirements for a reciprocal funeral director's license and with such other information as the examining board requires and shall be accompanied by the examination fee for each application.

SB494, s. 334 Section 334. 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

SB494,165,7 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c).

SB494, s. 335 Section 335. 446.05 (2) of the statutes is amended to read:

SB494,165,12 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c).

SB494, s. 336 Section 336. 448.02 (3) (e) of the statutes is amended to read:

SB494,165,22 448.02 (3) (e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

SB494, s. 337 Section 337. 448.05 (7) of the statutes is amended to read:

SB494,166,6 448.05 (7) Application. Application for any class of license or certificate shall be made as a verified statement in such a form provided by the department and at such time and place as the board may designate, and shall be accompanied by satisfactory evidence setting out the qualifications imposed by this section. Application for any class of license to practice medicine and surgery also shall be accompanied by a verified statement that the applicant is familiar with the state health laws and the rules of the department of health and family services as related to communicable diseases.

SB494, s. 338 Section 338. 449.07 (3) of the statutes is amended to read:

SB494,166,11 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c).

SB494, s. 339 Section 339. 452.12 (6) (e) (intro.) of the statutes is amended to read:

SB494,166,15 452.12 (6) (e) (intro.) Beginning on January 1, 1996, the Except as provided in ss. 440.03 (11m) (b) and 440.13 (2) (a), the department shall reinstate an inactive licensee's original license as follows:

SB494, s. 340 Section 340. 454.08 (4) of the statutes is amended to read:

SB494,166,25 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans and specifications for licensed establishments as they relate to the public health and safety. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form prescribed provided by the examining board department.

SB494, s. 341 Section 341. 459.10 (2) (a) (intro.) of the statutes is amended to read:

SB494,167,4 459.10 (2) (a) (intro.) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB494, s. 342 Section 342. 459.34 (2m) (a) (intro.) of the statutes is amended to read:

SB494,167,8 459.34 (2m) (a) (intro.) An individual whose license or limited permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB494, s. 343 Section 343. 480.24 (3) (intro.) of the statutes is amended to read:

SB494,167,13 480.24 (3) (intro.) The board may, as a condition of removing a limitation imposed under this chapter on a certificate issued under this chapter or of reinstating a certificate that has been suspended or revoked under this chapter, do any of the following:

SB494, s. 344 Section 344. 551.32 (1) (bm) of the statutes is created to read:

SB494,167,17 551.32 (1) (bm) 1. In addition to the information required under par. (b), an application under par. (a) by an individual shall contain the individual's social security number.

SB494,167,20 2. The division 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. 345 Section 345. 551.34 (1m) of the statutes is created to read:

SB494,168,9 551.34 (1m) (a) The division shall deny an application for the issuance or renewal of a license under this subchapter if the applicant is an individual who fails to provide his or her social security number, 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 other notice or hearing under this section.

SB494,168,20 (b) The division shall restrict or suspend a license under this subchapter 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. 346 Section 346. 560.15 (4) of the statutes is amended to read:

SB494,169,3 560.15 (4) All records received or created for the purposes of this section shall be closed to public inspection if the department, a chief executive officer of a village, town or city or a community response committee determines that public inspection of the records could adversely affect the business, its employes or former employes, except that information requested under s. 49.22 (2m) shall be disclosed to the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 347 Section 347. 560.15 (5) of the statutes is amended to read:

SB494,169,13 560.15 (5) Each employe of the department, and each member of the community response committee, and each chief executive officer of a village, town or city and employes of his or her office shall keep secret all facts and information obtained in the course of performing their responsibilities under this section, except that facts and information requested under s. 49.22 (2m) shall be disclosed to the department of workforce development or a county child support agency under s. 59.53 (5). This subsection does not prohibit the public inspection of records to the extent permitted under sub. (4) nor meetings in open session to the extent permitted under s. 19.85 (1) (i).

SB494, s. 348 Section 348. 562.05 (1c) of the statutes is created to read:

SB494,169,17 562.05 (1c) If the applicant for a license under this section is an individual, the board may not issue or renew a license if the individual has not provided his or her social security number.

SB494, s. 349 Section 349. 562.05 (5) (a) 9. of the statutes is created to read:

SB494,169,25 562.05 (5) (a) 9. 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 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 relating to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.