SB494: Bill Text

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.

SB494, s. 350 Section 350. 562.05 (7) (am) of the statutes is created to read:

SB494,170,3 562.05 (7) (am) The board shall require each person who is subject to an investigation under par. (a) to provide his or her social security number.

SB494, s. 351 Section 351. 562.05 (8) (d) of the statutes is created to read:

SB494,170,12 562.05 (8) (d) If required in a memorandum of understanding entered into under s. 49.857, the board shall suspend or restrict or not renew the license of any person 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 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 relating to paternity or child support proceedings.

SB494, s. 352 Section 352. 562.05 (8m) of the statutes is created to read:

SB494,170,16 562.05 (8m) The board may not disclose the social security number of any applicant for a license except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 353 Section 353. 563.28 of the statutes is created to read:

SB494,171,2 563.28 Suspension or restriction of a supplier's license for delinquent child support payments. (1) If required in a memorandum of understanding entered into under s. 49.857, the board shall suspend or restrict the supplier's license of any person 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 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 relating to paternity or child support proceedings.

SB494,171,5 (2) The board may not disclose the social security number of any applicant for a supplier's license except to the department of workforce development for the sole purpose of administering s. 49.22.

SB494, s. 354 Section 354. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

SB494,171,19 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of industry, labor and job workforce development.

SB494, s. 355 Section 355. 601.465 (intro.) of the statutes is amended to read:

SB494,171,24 601.465 Nondisclosure of information. (intro.) The Except for information requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5), the office may refuse to disclose and may prevent any other person from disclosing any of the following:

SB494, s. 356 Section 356. 601.59 (6) (e) of the statutes is amended to read:

SB494,172,16 601.59 (6) (e) The commission's rules shall establish conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure any information or official records to the extent disclosure would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the commission may consider any special circumstances pertaining to insurer insolvencies, but shall be guided by the principles embodied in state and federal freedom of information laws. The commission may promulgate additional rules under which it may make available to law enforcement agencies, and to the department of workforce development and county child support agencies under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029, records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies, the department of workforce development and county child support agencies under s. 59.53 (5) to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

SB494, s. 357 Section 357. 628.04 (1) (intro.) of the statutes is amended to read:

SB494,172,20 628.04 (1) Conditions and qualifications. (intro.) The Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who:

SB494, s. 358 Section 358. 628.04 (2) of the statutes is amended to read:

SB494,173,5 628.04 (2) Surplus lines agents or brokers. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a license as an agent or broker authorized to place business under s. 618.41 if the applicant shows to the satisfaction of the commissioner that in addition to the qualifications necessary to obtain a general license under sub. (1), the applicant has the competence to deal with the problems of surplus lines insurance. The commissioner may by rule require an agent or broker authorized to place business under s. 618.41 to supply a bond not larger than $100,000, conditioned upon proper performance of obligations as a surplus lines agent or broker.

SB494, s. 359 Section 359. 628.09 (1) of the statutes is amended to read:

SB494,173,15 628.09 (1) Issuance of license. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 3 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business. This subsection does not apply to life insurance agents.

SB494, s. 360 Section 360. 628.09 (4) of the statutes is amended to read:

SB494,173,23 628.09 (4) Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A Except as provided in s. 628.097, a temporary license may be extended beyond the initial period specified under sub. (1), for additional periods of not more than 3 months each, with the total period not to exceed 12 months in the aggregate. A temporary license may not continue after the owner or the personal representative disposes of the business.

SB494, s. 361 Section 361. 628.095 of the statutes is created to read:

SB494,174,4 628.095 Social security numbers on license applications or at time of fee payment. (1) Required on applications. An application for a license issued under this subchapter shall contain the social security number of the applicant if the applicant is a natural person.

SB494,174,7 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant, if a natural person provides his or her social security number.

SB494,174,11 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number if the social security number was not provided on the application for the license or previously when the annual fee was paid.

SB494,174,15 (4) Limited disclosure. The commissioner may disclose a social security number obtained under sub. (1) or (3) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 362 Section 362. 628.097 of the statutes is created to read:

SB494,175,2 628.097 Refusal to issue for failure to pay support or to comply with subpoena or warrant. (1) Licenses. The commissioner shall refuse to issue to a natural person a license, including a temporary license, under this subchapter if the natural person is delinquent in 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 if the natural person 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.

SB494,175,11 (2) Extension of temporary license. The commissioner shall refuse to extend a temporary license of a natural person under s. 628.09 (4) if the natural person is delinquent in 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 if the natural person 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. 363 Section 363. 628.10 (2) (c) of the statutes is created to read:

SB494,175,22 628.10 (2) (c) For failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend or limit the license of an intermediary who is a natural person, or a temporary license of a natural person under s. 628.09, if the natural person is delinquent in 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 if the natural person 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. 364 Section 364. 628.10 (2) (d) of the statutes is created to read:

SB494,176,7 628.10 (2) (d) For failure to provide social security number. If an intermediary who is a natural person fails to provide a social security number as required under s. 628.095 (3), the commissioner shall suspend or limit the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid suspension or limitation. If the intermediary provides the social security number within 60 days from the effective date of the suspension, the commissioner shall reinstate the intermediary's license effective as of the date of suspension.

SB494, s. 365 Section 365. 632.68 (2) (b) (intro.) of the statutes is amended to read:

SB494,176,15 632.68 (2) (b) (intro.) A person may apply to the commissioner for a viatical settlement provider license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mm) shall accompany the application. After any investigation of the applicant that the commissioner determines is sufficient, the commissioner shall issue a viatical settlement provider license to an applicant that satisfies all of the following:

SB494, s. 366 Section 366. 632.68 (2) (b) 2. of the statutes is amended to read:

SB494,176,18 632.68 (2) (b) 2. Provides complete information on the application, including his or her social security number if the applicant is a natural person.

SB494, s. 367 Section 367. 632.68 (2) (bc) of the statutes is created to read:

SB494,176,23 632.68 (2) (bc) The commissioner may disclose a social security number obtained under par. (b) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 368 Section 368. 632.68 (2) (bm) of the statutes is created to read:

SB494,177,8 632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection to a natural person who is delinquent in 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. 369 Section 369. 632.68 (2) (e) of the statutes is amended to read:

SB494,177,14 632.68 (2) (e) Except as provided in sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (mp) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 370 Section 370. 632.68 (3) (title) of the statutes is amended to read:

SB494,177,17 632.68 (3) (title) Viatical settlement provider license; revocation, suspension, limitation or refusal to renew.

SB494, s. 371 Section 371. 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

SB494,177,22 632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

SB494, s. 372 Section 372. 632.68 (3) (b) of the statutes is created to read:

SB494,178,7 632.68 (3) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to a natural person if the natural person is delinquent in 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 if the natural person 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. 373 Section 373. 632.68 (4) (b) of the statutes is amended to read:

SB494,178,14 632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant, if a natural person, provides his or her social security number.

SB494, s. 374 Section 374. 632.68 (4) (bc) of the statutes is created to read:

SB494,178,19 632.68 (4) (bc) The commissioner may disclose a social security number obtained under par. (b) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 375 Section 375. 632.68 (4) (bm) of the statutes is created to read:

SB494,179,3 632.68 (4) (bm) The commissioner may not issue a license under this subsection to a natural person who is delinquent in 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. 376 Section 376. 632.68 (4) (c) of the statutes is amended to read:

SB494,179,9 632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 377 Section 377. 632.68 (5) (title) of the statutes is amended to read:

SB494,179,12 632.68 (5) (title) Viatical settlement broker license; revocation, suspension, limitation or refusal to renew.

SB494, s. 378 Section 378. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

SB494,179,17 632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

SB494, s. 379 Section 379. 632.68 (5) (b) of the statutes is created to read:

SB494,180,2 632.68 (5) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person if the natural person is delinquent in 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 if the natural person 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. 380 Section 380. 632.68 (8) of the statutes is amended to read:

SB494,180,10 632.68 (8) Record keeping. Every licensee under this section shall maintain and make available for inspection by the commissioner records of all viatical settlement transactions. Names and other individual identifying information related to policyholders or certificate holders shall be considered confidential and may not be disclosed by the commissioner, except that the commissioner shall disclose information 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. 381 Section 381. 632.897 (10) (a) 3. of the statutes is amended to read:

SB494,180,17 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m) or, 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

SB494, s. 382 Section 382. 633.14 (1) (d) of the statutes is created to read:

SB494,180,19 633.14 (1) (d) Provides his or her social security number.

SB494, s. 383 Section 383. 633.14 (2c) of the statutes is created to read:

SB494,180,24 633.14 (2c) The commissioner may disclose a social security number obtained under sub. (1) (d) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 384 Section 384. 633.14 (2m) of the statutes is created to read:

SB494,181,9 633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license is delinquent in 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 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, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 385 Section 385. 633.15 (1m) of the statutes is created to read:

SB494,181,14 633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 386 Section 386. 633.15 (2) (a) (title) of the statutes is amended to read: