AB219,75,75 (g) "Nondelinquency certificate" means a certificate that the department of
6workforce development issues to a person and that states that the person is not liable
7for delinquent contributions.
AB219,75,12 8(2) Duties and powers of licensing departments. (a) Each licensing
9department and the supreme court, if the supreme court agrees, shall enter into a
10memorandum of understanding with the department of workforce development
11under sub. (4) (a) that requires the licensing department or supreme court to do all
12of the following:
AB219,75,1813 1. Request the department of workforce development to certify whether an
14applicant for a license or license renewal or continuation is liable for delinquent
15contributions. With respect to an applicant for a license granted by a credentialing
16board, the department of safety and professional services shall make a request under
17this subdivision. This subdivision does not apply to the department of transportation
18with respect to licenses described in sub. (1) (e) 7.
AB219,75,2219 2. Request the department of workforce development to certify whether a
20license holder is liable for delinquent contributions. With respect to a holder of a
21license granted by a credentialing board, the department of safety and professional
22services shall make a request under this subdivision.
AB219,75,2423 (b) Each licensing department and the supreme court, if the supreme court
24agrees, shall do all of the following:
AB219,76,13
11. a. If, after a request is made under par. (a) 1. or 2., the department of
2workforce development certifies that the license holder or applicant for a license or
3license renewal or continuation is liable for delinquent contributions, revoke the
4license or deny the application for the license or license renewal or continuation. The
5department of transportation may suspend licenses described in sub. (1) (e) 7. in lieu
6of revoking those licenses. A suspension, revocation, or denial under this subd. 1. a.
7is not subject to administrative review or, except as provided in sub. (6), judicial
8review. With respect to a license granted by a credentialing board, the department
9of safety and professional services shall make a revocation or denial under this subd.
101. a. With respect to a license to practice law, the department of workforce
11development shall not submit a certification under this subd. 1. a. to the supreme
12court until after the license holder or applicant has exhausted his or her remedies
13under subs. (5) (a) and (6) or has failed to make use of such remedies.
AB219,77,1214 b. Mail a notice of suspension, revocation, or denial under subd. 1. a. to the
15license holder or applicant. The notice shall include a statement of the facts that
16warrant the suspension, revocation, or denial and a statement that the license holder
17or applicant may, within 30 days after the date on which the notice of suspension,
18revocation, or denial is mailed, file a written request with the department of
19workforce development to have the certification of contribution delinquency on
20which the suspension, revocation, or denial is based reviewed at a hearing under sub.
21(5) (a) and that the license holder or applicant may seek judicial review under sub.
22(6) of an affirmation under sub. (5) (b) 2. that the person is liable for delinquent
23contributions. With respect to a license granted by a credentialing board, the
24department of safety and professional services shall mail a notice under this subd.
251. b. With respect to a license to practice law, the department of workforce

1development shall mail a notice under this subd. 1. b. and the notice shall indicate
2that the license holder or applicant may request a hearing under sub. (5) (a) and may
3request judicial review under sub. (6) and that the department of workforce
4development will submit a certificate of delinquency to suspend, revoke, or deny a
5license to practice law to the supreme court after the license holder or applicant has
6exhausted his or her remedies under subs. (5) (a) and (6) or has failed to make use
7of such remedies. A notice sent to a person who holds a license to practice law or who
8is an applicant for a license to practice law shall also indicate that the department
9of workforce development may not submit a certificate of delinquency to the supreme
10court if the license holder or applicant pays the delinquent contributions in full or
11enters into an agreement with the department of workforce development to satisfy
12the delinquency.
AB219,77,1813 2. Except as provided in subd. 2m., if notified by the department of workforce
14development that the department of workforce development has affirmed a
15certification of contribution delinquency after a hearing under sub. (5) (a), affirm a
16suspension, revocation, or denial under subd. 1. a. With respect to a license granted
17by a credentialing board, the department of safety and professional services shall
18make an affirmation under this subdivision.
AB219,77,2219 2m. With respect to a license to practice law, if notified by the department of
20workforce development that the department of workforce development has affirmed
21a certification of contribution delinquency after any requested review under subs. (5)
22(a) and (6), decide whether to suspend, revoke, or deny a license to practice law.
AB219,78,623 3. If a person submits a nondelinquency certificate issued under sub. (5) (b) 1.,
24reinstate the license or grant the application for the license or license renewal or
25continuation, unless there are other grounds for suspending or revoking the license

1or for denying the application for the license or license renewal or continuation. If
2reinstatement is required under this subdivision, a person is not required to submit
3a new application or other material or to take a new test. No separate fee may be
4charged for reinstatement of a license under this subdivision. With respect to a
5license granted by a credentialing board, the department of safety and professional
6services shall reinstate a license or grant an application under this subdivision.
AB219,78,157 4. If a person whose license has been suspended or revoked or whose
8application for a license or license renewal or continuation has been denied under
9subd. 1. a. submits a nondelinquency certificate issued under sub. (3) (a) 2., reinstate
10the license or grant the person's application for the license or license renewal or
11continuation, unless there are other grounds for not reinstating the license or for
12denying the application for the license or license renewal or continuation. With
13respect to a license granted by a credentialing board, the department of safety and
14professional services shall reinstate a license or grant an application under this
15subdivision.
AB219,78,1816 (c) 1. Each licensing department and the supreme court may require a license
17holder or an applicant for a license or license renewal or continuation to provide the
18following information upon request:
AB219,78,2019 a. If the license holder or applicant is an individual and has a social security
20number, the license holder's or applicant's social security number.
AB219,78,2521 am. If the license holder or applicant is an individual and does not have a social
22security number, a statement made or subscribed under oath or affirmation that the
23license holder or applicant does not have a social security number. The form of the
24statement shall be prescribed by the department of children and families. A license
25issued in reliance upon a false statement submitted under this subd. 1. am. is invalid.
AB219,79,2
1b. If the license holder or applicant is not an individual, the license holder's or
2applicant's federal employer identification number.
AB219,79,113 2. A licensing department may not disclose any information received under
4subd. 1. a. or b. to any person except to the department of workforce development for
5the purpose of requesting certifications under par. (a) 1. or 2. in accordance with the
6memorandum of understanding under sub. (4) and administering the
7unemployment insurance program, to the department of revenue for the purpose of
8requesting certifications under s. 73.0301 (2) (a) 1. or 2. in accordance with the
9memorandum of understanding under s. 73.0301 (4) and administering state taxes,
10and to the department of children and families for the purpose of administering s.
1149.22.
AB219,79,13 12(3) Duties and powers of department of workforce development. (a) The
13department of workforce development shall do all of the following:
AB219,79,1514 1. Enter into a memorandum of understanding with each licensing department
15and the supreme court, if the supreme court agrees, under sub. (4) (a).
AB219,79,2016 2. Upon the request of any applicant for issuance, renewal, continuation, or
17reinstatement of a license whose license has been previously revoked or suspended
18or whose application for a license or license renewal or continuation has been
19previously denied under sub. (2) (b) 1. a., issue a nondelinquency certificate to the
20applicant if the applicant is not liable for delinquent contributions.
AB219,79,2421 3. Upon the request of any person whose license or certificate has been
22previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
23103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate
24if the applicant is not liable for delinquent contributions.
AB219,80,5
1(b) If a request for certification is made under sub. (2) (a) 1. or 2., the
2department of workforce development may, in accordance with a memorandum of
3understanding entered into under par. (a) 1., certify to the licensing department or
4the supreme court that the applicant or license holder is liable for delinquent
5contributions.
AB219,80,7 6(4) Memorandum of understanding. (a) Each memorandum of understanding
7shall include procedures that do all of the following:
AB219,80,118 1. Establish requirements for making requests under sub. (2) (a) 1. and 2.,
9including specifying the time when a licensing department or the supreme court
10shall make requests under sub. (2) (a) 1. and 2., and for making certifications under
11sub. (3) (b).
AB219,80,1212 2. Implement the requirements specified in sub. (2) (b) 3. and 4.
AB219,80,1513 (b) The department of workforce development and the licensing department
14shall consider all of the following factors in establishing requirements under par. (a)
151.:
AB219,80,1616 1. The need to issue licenses in a timely manner.
AB219,80,1717 2. The convenience of applicants.
AB219,80,1818 3. The impact on collecting delinquent contributions.
AB219,80,1919 4. The effects on program administration.
AB219,80,2120 5. Whether a suspension, revocation, or denial under sub. (2) (b) 1. a. will have
21an impact on public health, safety, or welfare or the environment.
AB219,81,13 22(5) Hearing. (a) The department of workforce development shall conduct a
23hearing requested by a license holder or applicant for a license or license renewal or
24continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275
25(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review

1a certification or determination of contribution delinquency that is the basis of a
2denial, suspension, or revocation of a license or certificate in accordance with this
3section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
4103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph
5is limited to questions of mistaken identity of the license or certificate holder or
6applicant and of prior payment of the contributions that the department of workforce
7development certified or determined the license or certificate holder or applicant
8owes the department. At a hearing under this paragraph, any statement filed by the
9department of workforce development, the licensing department, or the supreme
10court, if the supreme court agrees, may be admitted into evidence and is prima facie
11evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
12a hearing under this paragraph is not entitled to any other notice, hearing, or review,
13except as provided in sub. (6).
AB219,81,1714 (b) After a hearing conducted under par. (a) or, in the case of a determination
15related to a license to practice law, after a hearing under par. (a) or, if the hearing is
16appealed, after judicial review under sub. (6), the department of workforce
17development shall do one of the following:
AB219,82,218 1. Issue a nondelinquency certificate to a license holder or an applicant for a
19license or license renewal or continuation if the department determines that the
20license holder or applicant is not liable for delinquent contributions. For a hearing
21requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt),
22103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department
23shall grant a license or certificate or reinstate a license or certificate if the
24department determines that the applicant for or the holder of the license or

1certificate is not liable for delinquent contributions, unless there are other grounds
2for denying the application or revoking the license or certificate.
AB219,82,113 2. Provide notice that the department of workforce development has affirmed
4its certification of contribution delinquency to a license holder; to an applicant for a
5license, a license renewal, or a license continuation; and to the licensing department
6or the supreme court, if the supreme court agrees. For a hearing requested in
7response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
8103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce
9development shall provide notice to the license or certificate holder or applicant that
10the department of workforce development has affirmed its determination of
11contribution delinquency.
AB219,82,15 12(6) Judicial review. A license holder or applicant may seek judicial review
13under ss. 227.52 to 227.60 of an affirmation under sub. (5) (b) 2. that the person is
14liable for delinquent contributions, except that the review shall be in the circuit court
15for Dane County.
AB219,109 16Section 109. 108.245 of the statutes is created to read:
AB219,83,3 17108.245 Recovery of erroneous payments from fund. (1) The department
18may commence an action to preserve and recover the proceeds of any payment from
19the fund not resulting from a departmental error, including any payment to which
20the recipient is not entitled, from any transferee or other person that receives,
21possesses, or retains such a payment or from any account, including an account at
22any financial institution, resulting from the transfer, use, or disbursement of such
23a payment. The department may also commence an action to recover from a claimant
24the amount of any benefits that were erroneously paid to another person who was
25not entitled to receive the benefits because the claimant or the claimant's authorized

1agent divulged the claimant's security credentials to another person or failed to take
2adequate measures to protect the credentials from being divulged to an
3unauthorized person.
AB219,83,12 4(2) The department may sue for injunctive relief to require the payee,
5transferee, or other person, including a financial institution, in possession of the
6proceeds from any payment from the fund to preserve the proceeds and to prevent
7the transfer or use of the proceeds upon showing that the payee, transferee, or other
8person that receives, possesses, or retains the proceeds is not entitled to receive,
9possess, or retain the proceeds pending the final order of the court directing
10disposition of the proceeds. Upon entry of a final order of the court directing the
11proceeds to be transferred to the department, the payee, transferee, or other person
12in possession of the proceeds shall transfer the proceeds to the department.
AB219,83,16 13(3) The existence of an administrative or other legal remedy for recovery of a
14payment under sub. (1) or the the failure of the department to exhaust any such
15remedy is not a defense to an action under sub. (1). A judgment entered by a court
16under this section may be recovered and satisfied under s. 108.225.
AB219,110 17Section 110. 115.31 (6m) of the statutes is amended to read:
AB219,83,2318 115.31 (6m) The department of public instruction shall, without a hearing,
19revoke a license or permit granted by the department of public instruction if the
20department of revenue certifies under s. 73.0301 that the licensee or permit holder
21is liable for delinquent taxes or if the department of workforce development certifies
22under s. 108.227 that the licensee or permit holder is liable for delinquent
23unemployment insurance contributions
.
AB219,111 24Section 111. 118.19 (1m) (a) of the statutes is amended to read:
AB219,84,7
1118.19 (1m) (a) The department of public instruction may not issue or renew
2a license or permit or revalidate a license that has no expiration date unless the
3applicant provides the department of public instruction with his or her social
4security number. The department of public instruction may not disclose the social
5security number except to the department of revenue for the sole purpose of
6requesting certifications under s. 73.0301 and to the department of workforce
7development for the sole purpose of requesting certifications under s. 108.227
.
AB219,112 8Section 112. 118.19 (1m) (b) of the statutes is amended to read:
AB219,84,149 118.19 (1m) (b) The department of public instruction may not issue or renew
10a license or permit or revalidate a license that has no expiration date if the
11department of revenue certifies under s. 73.0301 that the applicant, licensee, or
12permit holder is liable for delinquent taxes or if the department of workforce
13development certifies under s. 108.227 that the applicant, licensee, or permit holder
14is liable for delinquent unemployment insurance contributions
.
AB219,113 15Section 113. 138.09 (1m) (b) 2. a. of the statutes is amended to read:
AB219,84,1916 138.09 (1m) (b) 2. a. The division may disclose information under subd. 1. to
17the department of revenue for the sole purpose of requesting certifications under s.
1873.0301 and to the department of workforce development for the sole purpose of
19requesting certifications under s. 108.227
.
AB219,114 20Section 114. 138.09 (3) (am) 2. of the statutes is amended to read:
AB219,84,2421 138.09 (3) (am) 2. The department of revenue certifies under s. 73.0301 that
22the applicant is liable for delinquent taxes or the department of workforce
23development certifies under s. 108.227 that the applicant is liable for delinquent
24unemployment insurance contributions
.
AB219,115 25Section 115. 138.09 (4) (c) of the statutes is amended to read:
AB219,85,8
1138.09 (4) (c) The division shall revoke a license under this section if the
2department of revenue certifies that the licensee is liable for delinquent taxes under
3s. 73.0301 or if the department of workforce development certifies that the licensee
4is liable for delinquent unemployment insurance contributions under s. 108.227
. A
5licensee whose license is revoked under this paragraph for delinquent taxes or
6unemployment insurance contributions
is entitled to a hearing under s. 73.0301 (5)
7(a) or 108.227 (5) (a), whichever is applicable, but is not entitled to a hearing under
8par. (a).
AB219,116 9Section 116. 138.12 (3) (d) 2. a. of the statutes is amended to read:
AB219,85,1310 138.12 (3) (d) 2. a. The division may disclose information under subd. 1. to the
11department of revenue for the sole purpose of requesting certifications under s.
1273.0301 and to the department of workforce development for the sole purpose of
13requesting certifications under s. 108.227
.
AB219,117 14Section 117. 138.12 (4) (a) 1m. of the statutes is created to read:
AB219,85,1715 138.12 (4) (a) 1m. An applicant whose application is denied under par. (b) 5m.
16is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to a hearing under
17this paragraph.
AB219,118 18Section 118. 138.12 (4) (b) 5m. of the statutes is created to read:
AB219,85,2119 138.12 (4) (b) 5m. Has not been certified by the department of workforce
20development under s. 108.227 as being liable for delinquent unemployment
21insurance contributions.
AB219,119 22Section 119. 138.12 (5) (am) 1. b. of the statutes is amended to read:
AB219,86,423 138.12 (5) (am) 1. b. The department of revenue has certified under s. 73.0301
24that the applicant is liable for delinquent taxes under s. 73.0301 or the department
25of workforce development has certified under s. 108.227 that the applicant is liable

1for delinquent unemployment insurance contributions under s. 108.227
. An
2applicant whose renewal application is denied under this subd. 1. b. is entitled to a
3hearing under s. 73.0301 (5) (a) or 108.227 (5) (a) but is not entitled to a hearing under
4par. (b).
AB219,120 5Section 120. 138.12 (5) (am) 3. of the statutes is amended to read:
AB219,86,146 138.12 (5) (am) 3. The division shall revoke the license of any insurance
7premium finance company if the department of revenue has certified under s.
873.0301 that the licensee is liable for delinquent taxes under s. 73.0301 or if the
9department of workforce development has certified under s. 108.227 that the
10licensee is liable for delinquent unemployment insurance contributions
. A licensee
11whose license is revoked under this subdivision for delinquent taxes or
12unemployment insurance contributions
is entitled to a hearing under s. 73.0301 (5)
13(a) or 108.227 (5) (a), whichever is applicable, but is not entitled to a hearing under
14par. (b).
AB219,121 15Section 121. 138.14 (4) (a) 2. a. of the statutes is amended to read:
AB219,86,1916 138.14 (4) (a) 2. a. The division may disclose information under subd. 1. a. or
17b. to the department of revenue for the sole purpose of requesting certifications under
18s. 73.0301 and to the department of workforce development for the sole purpose of
19requesting certifications under s. 108.227
.
AB219,122 20Section 122. 138.14 (5) (b) 2m. of the statutes is created to read:
AB219,86,2321 138.14 (5) (b) 2m. The department of workforce development certifies under s.
22108.227 that the applicant is liable for delinquent unemployment insurance
23contributions.
AB219,123 24Section 123. 138.14 (9) (cm) of the statutes is created to read:
AB219,87,6
1138.14 (9) (cm) The division shall revoke a license issued under this section if
2the department of workforce development certifies under s. 108.227 that the licensee
3is liable for delinquent unemployment insurance contributions. A licensee whose
4license is revoked under this paragraph for delinquent unemployment insurance
5contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under
6s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
AB219,124 7Section 124. 138.14 (9) (d) of the statutes is amended to read:
AB219,87,148 138.14 (9) (d) Except as provided in pars. (b) and (c) to (cm), no license shall be
9revoked or suspended except after a hearing under this section. A complaint stating
10the grounds for suspension or revocation together with a notice of hearing shall be
11delivered to the licensee at least 5 days in advance of the hearing. In the event the
12licensee cannot be found, complaint and notice of hearing may be left at the place of
13business stated in the license,which shall be considered the equivalent of delivering
14the notice of hearing and complaint to the licensee.
AB219,125 15Section 125. 146.40 (4d) (b) of the statutes is amended to read:
AB219,87,1916 146.40 (4d) (b) The department may not disclose any information received
17under par. (a) to any person except to the department of revenue for the sole purpose
18of requesting certifications under s. 73.0301 and to the department of workforce
19development for the sole purpose of requesting certifications under s. 108.227
.
AB219,126 20Section 126. 146.40 (4d) (d) of the statutes is amended to read:
AB219,88,221 146.40 (4d) (d) The department shall deny an application for the issuance of
22an approval specified in par. (a) or shall revoke an approval if the department of
23revenue certifies under s. 73.0301 that the applicant for or holder of approval is liable
24for delinquent taxes or if the department of workforce development certifies under

1s. 108.227 that the applicant for or holder of approval is liable for delinquent
2unemployment insurance contributions
.
AB219,127 3Section 127. 146.40 (4d) (e) of the statutes is amended to read:
AB219,88,64 146.40 (4d) (e) An action taken under par. (c) or (d) is subject to review only as
5provided under s. 73.0301 (2) (b) and (5) or s. 108.227 (5) and (6), whichever is
6applicable
.
AB219,128 7Section 128. 169.35 (title) of the statutes is amended to read:
AB219,88,9 8169.35 (title) Denial and revocation of licenses based on tax
9delinquency
delinquent taxes or unemployment insurance contributions.
AB219,129 10Section 129. 169.35 (2) of the statutes is amended to read:
AB219,88,1511 169.35 (2) Disclosure of numbers. The department of natural resources may
12not disclose any information received under sub. (1) to any person except to the
13department of revenue for the sole purpose of making certifications required under
14s. 73.0301 and to the department of workforce development for the sole purpose of
15making certifications required under s. 108.227
.
AB219,130 16Section 130. 169.35 (3) of the statutes is amended to read:
AB219,88,2317 169.35 (3) Denial and revocation. The department of natural resources shall
18deny an application to issue or renew, or shall revoke if already issued, a license
19specified in sub. (1) if the applicant for or the holder of the license fails to provide the
20information required under sub. (1) or, if the department of revenue certifies that the
21applicant or license holder is liable for delinquent taxes under s. 73.0301, or if the
22department of workforce development certifies that the applicant or license holder
23is liable for delinquent unemployment insurance contributions under s. 108.227
.
AB219,131 24Section 131. 170.12 (3m) (b) 1. of the statutes is amended to read:
AB219,89,4
1170.12 (3m) (b) 1. The board may disclose information under par. (a) 1. or 2.
2to the department of revenue for the sole purpose of requesting certifications under
3s. 73.0301 and to the department of workforce development for the sole purpose of
4requesting certifications under s. 108.227
.
AB219,132 5Section 132. 170.12 (8) (b) 1. bm. of the statutes is created to read:
AB219,89,106 170.12 (8) (b) 1. bm. The department of workforce development has certified
7under s. 108.227 that the applicant is liable for delinquent unemployment insurance
8contributions under s. 108.227. An applicant whose renewal application is denied
9under this subd. 1. bm. is entitled to a hearing under s. 108.227 (5) (a) but is not
10entitled to any other hearing under this section.
AB219,133 11Section 133. 170.12 (8) (b) 4. of the statutes is created to read:
AB219,89,1712 170.12 (8) (b) 4. The board shall revoke a permit issued under this section if
13the department of workforce development has certified under s. 108.227 that the
14permit holder is liable for delinquent unemployment insurance contributions under
15s. 108.227. A permit holder whose permit is revoked under this subdivision for
16delinquent unemployment insurance contributions is entitled to a hearing under s.
17108.227 (5) (a) but is not entitled to any other hearing under this section.
AB219,134 18Section 134. 217.05 (1m) (b) 1. of the statutes is amended to read:
AB219,89,2219 217.05 (1m) (b) 1. The division may disclose information under par. (a) to the
20department of revenue for the sole purpose of requesting certifications under s.
2173.0301 and to the department of workforce development for the sole purpose of
22requesting certifications under s. 108.227
.
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