AB725: Bill Text

LRB-4009/1

MDK&RPN:cmh:hmh

1999 - 2000 LEGISLATURE

1999 Assembly BILL 725

February 8, 2000 - Introduced by Representatives F. Lasee, Stone, Duff, Staskunas, Musser, Ryba, Pettis, Goetsch, Ainsworth, Nass and Skindrud, cosponsored by Senators A. Lasee, Huelsman and Rosenzweig. Referred to Committee on Financial Institutions.

AB725,1,11 An Act to renumber 343.345; to amend 13.64 (2), 93.06 (8), 93.11 (1), 94.65 (3) (c) 1., 94.66 (8), 95.72 (2) (c) 5., 99.02 (1), 103.275 (2) (b) (intro.), 105.13 (1), 165.85 (3) (c), 165.85 (3) (cm), 165.85 (4) (d), 165.85 (4) (f), 343.345 (title), 343.69, 442.12 (7), 445.13 (2), 446.05 (2) and 449.07 (3); and to create 13.63 (1) (d), 29.024 (2m), 93.137, 101.02 (21) (cm), 103.275 (2) (bs), 103.91 (4) (d), 105.13 (4), 115.32, 118.19 (1s), 138.09 (3) (am) 5., 138.09 (4) (d), 146.51 (4), 165.85 (3s), 224.72 (7m) (d), 224.77 (6s), 250.041 (4), 299.08 (3), 343.345 (2), 343.675 (3), 440.01 (1) (gs), 440.14, 551.34 (1m) (d), 562.05 (5) (a) 11., 562.05 (8) (f), 628.097 (1) (c), 628.10 (2) (cs), 632.68 (2) (bm) 3., 632.68 (3) (b) 3. and 751.15 (4) of the statutes; relating to: suspension of licenses, permits and other credentials for failure to pay student loans.

Analysis by the Legislative Reference Bureau

Under current law, the department of regulation and licensing, examining and affiliated credentialing boards and many other state agencies, departments and boards issue licenses, permits, certificates or other credentials for professional or occupational purposes. Current law prohibits those agencies, departments and boards from issuing or renewing a professional or occupational license, permit, certificate or other credential if the individual fails to provide his or her social security number or fails to pay child, family or spousal support ordered by a court or if the individual is delinquent in the payment of taxes. The agencies, departments and boards are required by current law to limit, restrict or suspend the professional or occupational license, permit, certificate or other credential if the individual fails to provide his or her social security number or fails to pay child, family or spousal support ordered by a court or if the individual is delinquent in the payment of taxes.

This bill would prohibit state agencies, departments and boards from issuing or renewing a professional or occupational license, permit, certificate or other credential if the individual is in default (more than 120 days past due on the payment) on a student loan. The agency, department or board is required to notify the individual that the license, permit, certificate or other credential will not be issued or renewed until the individual is not in default on the loan. The bill requires the agencies, departments and boards to limit, restrict or suspend the professional or occupational license, permit, certificate or other credential if the individual is in default on a student loan 90 days after the notice of the default is mailed to the individual. The bill also asks the supreme court to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the individual is in default on a student loan.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB725, s. 1 Section 1. 13.63 (1) (d) of the statutes is created to read:

AB725,2,9 13.63 (1) (d) The board shall refuse to issue a license or shall suspend any existing license of an applicant or licensee who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The board shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default or that his or her license will be suspended if the default continues for more than 90 days after the board mails the notice.

AB725, s. 2 Section 2. 13.64 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB725,4,2 13.64 (2) The registration shall expire on December 31 of each even-numbered year. Except as provided in sub. (2m), the board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay 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 of the individual or registrant 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 proceeding, as provided in a memorandum of understanding entered into under s. 49.857. The board shall refuse to accept a registration statement filed by an individual who is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The board shall mail the individual written notice that he or she is in default and that his or her registration statement will be refused until he or she is not in default. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

AB725, s. 3 Section 3. 29.024 (2m) of the statutes is created to read:

AB725,4,15 29.024 (2m) Denial and revocation of approvals based on student loan default. The department shall deny an application to issue or renew, or revoke if already issued, an approval listed in sub. (2r) if the applicant for or the holder of the approval is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for an approval will be refused until he or she is not in default or that his or her license will be revoked if the default continues for more than 90 days after the department mails the notice. For purposes of this subsection, an application for a duplicate of an approval listed in sub. (2r) shall be considered an application for the issuance of the approval.

AB725, s. 4 Section 4. 93.06 (8) of the statutes is amended to read:

AB725,4,24 93.06 (8) Prescribe conditions of licenses. Except as provided in s. ss. 93.135 and 93.137, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.

AB725, s. 5 Section 5. 93.11 (1) of the statutes is amended to read:

AB725,5,9 93.11 (1) Except as provided in s. ss. 93.135 and 93.137, the department, upon presentation of satisfactory evidence that the applicant is competent, may issue a license to any person to certify the grade of food products or farm products or of receptacles therefor, for which standards have become effective under s. 93.09. The purpose of such certification may be either to enforce the standard or merely to furnish to an interested party an official statement of the grade. A certificate issued under this section, unless superseded by a finding as provided in sub. (4), shall be accepted in any court of this state as prima facie evidence of the facts to which the certificate relates.

AB725, s. 6 Section 6. 93.137 of the statutes is created to read:

AB725,5,23 93.137 License denial, nonrenewal, suspension or restriction based on failure to pay student loans. The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in s. 93.135 (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in s. 93.135 (1) if the applicant for or the holder of the license, registration, registration certificate or certification is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her application will be refused until he or she is not in default or that his or her license, registration, registration certificate or certification will be suspended or restricted if the default continues for more than 90 days after the department mails the notice.

AB725, s. 7 Section 7. 94.65 (3) (c) 1. of the statutes is amended to read:

AB725,6,3 94.65 (3) (c) 1. Except as provided in s. ss. 93.135 and 93.137, if the department finds that the applicant has fulfilled the requirements of par. (b), the department shall issue a permit.

AB725, s. 8 Section 8. 94.66 (8) of the statutes is amended to read:

AB725,6,11 94.66 (8) Except as provided in s. ss. 93.135 and 93.137, the department may revoke a license, after reasonable notice, only for wilful failure to comply with any of the provisions of this section and in the event the license is revoked the licensee may have the order of revocation reviewed by the circuit court of the county wherein the producing plant is located and the review by the court shall be of all questions therein whether of fact or law; any such appeal must be taken within 20 days of the date of the service of the order of revocation upon the licensee.

AB725, s. 9 Section 9. 95.72 (2) (c) 5. of the statutes is amended to read:

AB725,6,14 95.72 (2) (c) 5. Subject to s. ss. 93.135 and 93.137, a person may renew a license by submitting the required license fee and renewal form.

AB725, s. 10 Section 10. 99.02 (1) of the statutes is amended to read:

AB725,7,3 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. Subject to s. ss. 93.135 and 93.137, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

AB725, s. 11 Section 11. 101.02 (21) (cm) of the statutes is created to read:

AB725,7,11 101.02 (21) (cm) The department shall deny an application to issue or renew a license if the applicant for or the holder of the license is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default.

AB725, s. 12 Section 12. 103.275 (2) (b) (intro.) of the statutes is amended to read:

AB725,7,15 103.275 (2) (b) (intro.) Except as provided under pars. (bm) and, (br) and (bs), upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

AB725, s. 13 Section 13. 103.275 (2) (bs) of the statutes is created to read:

AB725,7,25 103.275 (2) (bs) The department shall deny an application to issue or renew, or suspend if already issued, a house-to-house certificate if the applicant for or the holder of the certificate is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a certificate will be refused until he or she is not in default or that his or her certificate will be suspended if the default continues for more than 90 days after the department mails the notice.

AB725, s. 14 Section 14. 103.91 (4) (d) of the statutes is created to read:

AB725,8,10 103.91 (4) (d) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate of registration under sub. (1) if the applicant or registrant is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a certificate will be refused until he or she is not in default or that his or her certificate will be suspended or restricted if the default continues for more than 90 days after the department mails the notice.

AB725, s. 15 Section 15. 105.13 (1) of the statutes is amended to read:

AB725,9,2 105.13 (1) The department may issue licenses to employment agents, and refuse to issue a license whenever, after investigation, the department finds that the character of the applicant makes the applicant unfit to be an employment agent, that the applicant has failed to pay court-ordered payments as provided in sub. (2) or, that the applicant is liable for delinquent taxes as provided in sub. (3), that the applicant is in default on a student loan as provided in sub. (4) or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use. Any license granted by the department may be suspended or revoked by it upon notice to the licensee and good cause. Failure to comply with this chapter and rules promulgated thereunder, or with any lawful orders of the department, is cause to suspend or revoke a license. Failure to pay court-ordered payments as provided in sub. (2) is cause to deny, suspend, restrict, refuse to renew or otherwise withhold a license. Liability for delinquent taxes as provided in sub. (3) is cause to deny or revoke a license. Defaulting on a student loan as provided in sub. (4) is cause to deny, suspend, restrict or renew or otherwise withhold a license.

AB725, s. 16 Section 16. 105.13 (4) of the statutes is created to read:

AB725,9,12 105.13 (4) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold an employment agent's license if the applicant or licensee is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license will be refused until he or she is not in default or that his or her license will be suspended or restricted if the default continues for more than 90 days after the department mails the notice.

AB725, s. 17 Section 17. 115.32 of the statutes is created to read:

AB725,9,22 115.32 License restriction or restriction; student loan default. The department shall restrict or suspend a license or permit granted by the department if the applicant for or the holder of the license is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license or permit will be suspended or restricted if the default continues for more than 90 days after the department mails the notice.

AB725, s. 18 Section 18. 118.19 (1s) of the statutes is created to read:

AB725,9,25 118.19 (1s) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the applicant is in default on a student loan, as defined in s. 440.01 (1) (gs). If the individual is more than 120 days past due on a payment of a student loan, the individual shall be considered in default on the student loan. The department shall mail the individual written notice that he or she is in default and that his or her request for a license or permit will be refused until he or she is not in default or that his or her license or permit will not be renewed or revalidated if the default continues for more than 90 days after the department mails the notice.

AB725, s. 19 Section 19. 138.09 (3) (am) 5. of the statutes is created to read: