2013 WISCONSIN ACT
36
(Vetoed in Part)
An Act
to repeal
20.445 (1) (am), 108.02 (4m) (g), 108.02 (13) (kL), 108.04 (1) (i), 108.05 (1) (n) to (p), 108.06 (7) and 108.07 (8);
to renumber
50.498 (4) and 108.02 (10e) (a) and (b);
to renumber and amend
108.02 (10e) (intro.) and 440.12;
to consolidate, renumber and amend
16.48 (1) (intro.) and (a) (intro.);
to amend
13.63 (1) (b), 13.63 (1) (c), 16.48 (1) (b), 16.48 (3), 19.55 (2) (d), 29.024 (2r) (title), 29.024 (2r) (c), 29.024 (2r) (d) 1., 48.66 (2m) (c), 48.715 (7), 50.498 (title), 50.498 (2), 50.498 (5), 51.032 (title), 51.032 (2), 51.032 (4), 51.032 (5), 71.78 (4) (o), 73.0301 (2) (c) 2.,
73.0302 (title),
73.09 (6m), 101.02 (20) (b), 101.02 (20) (c), 101.02 (20) (d), 102.17 (1) (c), 103.005 (10), 103.275 (2) (b) (intro.), 103.275 (7) (b), 103.275 (7) (c), 103.34 (3) (c), 103.34 (10) (title), 103.92 (3), 104.07 (1) and (2), 105.13 (1), 108.02 (4m) (a), 108.02 (13) (a), 108.04 (1) (f), 108.04 (1) (g) (intro.), 108.04 (1) (hm), 108.04 (2) (a) 3. c., 108.04 (8) (a) and (c), 108.04 (11) (b), 108.04 (11) (bh), 108.05 (1) (q) (intro.), 108.05 (2) (c), 108.05 (3) (d), 108.06 (1), 108.06 (2) (c), 108.06 (2) (cm), 108.06 (3), 108.06 (6) (intro.), 108.10 (intro.), 108.14 (8n) (e), 108.14 (19), 108.141 (7) (a), 108.16 (2) (g) and (h), 108.16 (6m) (a), 108.16 (8) (b) 4., 108.205 (1), 108.22 (1) (a), 108.22 (8) (c) 1. a., 108.225 (1) (b), 115.31 (6m), 118.19 (1m) (a), 118.19 (1m) (b), 138.09 (1m) (b) 2. a., 138.09 (3) (am) 2., 138.09 (4) (c), 138.12 (3) (d) 2. a., 138.12 (5) (am) 1. b., 138.12 (5) (am) 3., 138.14 (4) (a) 2. a., 138.14 (9) (d), 146.40 (4d) (b), 146.40 (4d) (d), 146.40 (4d) (e), 169.35 (title), 169.35 (2), 169.35 (3), 170.12 (3m) (b) 1., 217.05 (1m) (b) 1., 217.09 (4), 217.09 (6), 218.0114 (21e) (a), 218.0114 (21g) (b) 1., 218.0116 (1g) (b), 218.02 (2) (a) 2. a., 218.04 (3) (a) 2. a., 218.04 (5) (b), 218.05 (3) (am) 2. a., 218.05 (12) (b), 218.05 (12) (e), 218.11 (2) (am) 3., 218.12 (2) (am) 2., 218.21 (2m) (b), 218.31 (1m) (b), 218.41 (2) (am) 2., 218.51 (3) (am) 2., 224.72 (2) (c) 2. a., 224.725 (2) (b) 1. a., 224.927 (1), 227.53 (1) (a) 3., 252.241 (title), 252.241 (2), 254.115 (title), 254.115 (2), 254.176 (5), 254.20 (7), 256.18 (title), 256.18 (2), 256.18 (5), 299.07 (title), 299.07 (1) (b) 1., 299.08 (1) (b) 2., 341.51 (4g) (b), 342.06 (1) (eg), 343.14 (1), 343.14 (2j), 343.305 (6) (e) 3. b., 343.61 (2) (b), 343.62 (2) (b), 343.69 (1), 440.03 (11m) (c), 452.18, 551.412 (4g) (a) 1., 551.605 (2), 562.05 (8m) (a), 562.05 (8m) (b), 563.285 (title), 563.285 (2) (a), 563.285 (2) (b), 628.095 (4) (b), 628.097 (title), 628.097 (2m), 628.10 (2) (cm), 632.69 (2) (c), 632.69 (2) (d) 2., 632.69 (4) (d), 633.14 (2c) (b), 633.14 (2m) (b), 633.15 (2) (d), 751.155 (title), 751.155 (1), 751.155 (2) and 751.155 (3);
to repeal and recreate
108.05 (3) (dm);
to create
20.445 (1) (am), 20.445 (1) (gm), 50.498 (4) (b),
73.0302 (5), 73.0302 (6),
73.09 (8), 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), 105.13 (4), 108.02 (10e) (bm), 108.02 (15) (kt), 108.04 (2) (a) 4., 108.04 (2) (g), 108.04 (2) (h), 108.04 (12) (f), 108.04 (15), 108.05 (1) (r), 108.14 (20), 108.14 (21), 108.14 (22), 108.14 (23), 108.14 (24), 108.14 (25), 108.14 (26), 108.16 (3) (c), 108.16 (6) (o), 108.16 (6m) (h), 108.22 (1) (cm), 108.22 (8e), 108.223, 108.227, 108.245, 138.12 (4) (a) 1m., 138.12 (4) (b) 5m., 138.14 (5) (b) 2m., 138.14 (9) (cm), 170.12 (8) (b) 1. bm., 170.12 (8) (b) 4., 217.06 (5m), 217.09 (1t), 218.0116 (1m) (a) 2m., 218.0116 (1m) (d), 218.02 (3) (dm), 218.02 (6) (d), 218.02 (9) (a) 1m., 218.04 (4) (am) 2m., 218.04 (5) (at), 218.05 (4) (c) 2m., 218.05 (11) (bm), 218.05 (12) (at), 218.11 (6m) (c), 218.12 (3m) (c), 218.22 (3m) (c), 218.32 (3m) (c), 218.41 (3m) (b) 3., 218.51 (4m) (b) 3., 224.44, 224.72 (7m) (bm), 224.725 (6) (bm), 224.77 (2m) (e), 224.95 (1) (bm), 252.241 (5), 254.115 (5), 256.18 (4m), 299.07 (3), 341.51 (4m) (c), 343.305 (6) (e) 6., 343.66 (3m), 440.12 (2), 551.406 (6) (a) 1m., 551.412 (4g) (a) 2m., 551.412 (4g) (d), 562.05 (5) (a) 11., 562.05 (8) (f) and 563.285 (1m) of the statutes; and
to affect
2011 Wisconsin Act 198
, section
47m (1)
;
relating to:
various changes in the unemployment insurance law; license revocations based on delinquency in payment of unemployment insurance contributions; granting rule-making authority; providing a penalty; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
13.63 (1) (b) of the statutes is amended to read:
13.63
(1)
(b) Except as provided under par. (am), the board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301
or if the department of workforce development certifies to the board that the applicant or lobbyist is liable for delinquent unemployment insurance contributions under s. 108.227
. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee 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 an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families 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. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.
Section
2
.
13.63 (1) (c) of the statutes is amended to read:
13.63
(1)
(c) Denial of a license on the basis of a certification by the department of revenue
or the department of workforce development
may be reviewed under s. 73.0301
or 108.227, whichever is applicable
. Except with respect to a license that is denied or suspended pursuant to a memorandum of understanding entered into under s. 49.857, denial or suspension of any other license may be reviewed under ch. 227.
Section
3
.
16.48 (1) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 16.48 (1) (a) (intro.) and amended to read:
16.48
(1)
(a) (intro.)
On or about January
No later than April
15 of each odd-numbered year, the secretary of workforce development shall prepare and furnish to the governor, the speaker of the assembly, the minority leader of the assembly, and the majority and minority leaders of the senate
: (a) A
a
statement of unemployment insurance financial outlook, which shall contain the following, together with the secretary's recommendations and an explanation for such recommendations:
Section
4
.
16.48 (1) (b) of the statutes is amended to read:
16.48
(1)
(b)
A
No later than May 15 of each odd-numbered year, the secretary of workforce development shall prepare and furnish to the governor, the speaker of the assembly, the minority leader of the assembly, and the majority and minority leaders of the senate a
report summarizing the deliberations of the council on unemployment insurance and the position of the council, if any, concerning each proposed change in the unemployment insurance laws submitted under par. (a).
Section
5
.
16.48 (3) of the statutes is amended to read:
16.48
(3)
On or about February
No later than June
15 of each odd-numbered year, the secretary of workforce development, under the direction of the governor, shall submit to each member of the legislature an updated statement of unemployment insurance financial outlook which shall contain the information specified in sub. (1) (a), together with the governor's recommendations and an explanation for such recommendations, and a copy of the report required under sub. (1) (b).
Section
6
.
19.55 (2) (d) of the statutes is amended to read:
19.55
(2)
(d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of children and families for purposes of administration of s. 49.22
or
,
to the department of revenue for purposes of administration of s. 73.0301
, and to the department of workforce development for purposes of administration of s. 108.227
.
Section
6m
.
20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
-
See PDF for table
Section
6p
.
20.445 (1) (am) of the statutes is created to read:
20.445
(1)
(am)
Unemployment insurance administration; general purpose revenue.
Biennially, the amounts in the schedule for the administration of the unemployment insurance program of the department and for the performance of the department's other functions under ch. 108.
Section
6q
.
20.445 (1) (am) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.
Section
7
.
20.445 (1) (gm) of the statutes is created to read:
20.445
(1)
(gm)
Unemployment insurance handbook.
All moneys received under s. 108.14 (23) (d) for the costs of printing and distribution of the unemployment insurance handbook, to pay for those costs.
Section
8
.
29.024 (2r) (title) of the statutes is amended to read:
29.024
(2r)
(title)
Denial and revocation of approvals based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
9
.
29.024 (2r) (c) of the statutes is amended to read:
29.024
(2r)
(c)
Disclosure of numbers.
The department of natural resources may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301
and to the department of workforce development for the sole purpose of making certifications required under s. 108.227
.
Section
10
.
29.024 (2r) (d) 1. of the statutes is amended to read:
29.024
(2r)
(d) 1. Except as provided in subd. 2., the department shall deny an application to issue or renew, or revoke if already issued, an approval specified in par. (a) if the applicant for or the holder of the approval fails to provide the information required under par. (a)
or
,
if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under s. 73.0301
, or if the department of workforce development certifies that the applicant or approval holder is liable for delinquent unemployment insurance contributions under s. 108.227
.
Section
11
.
48.66 (2m) (c) of the statutes is amended to read:
48.66
(2m)
(c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) 1. may not disclose that information to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).
Section
12
.
48.715 (7) of the statutes is amended to read:
48.715
(7)
The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility, or child care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions
. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5)
or 108.227 (5)
and not as provided in s. 48.72.
Section
13
.
50.498 (title) of the statutes is amended to read:
50.498
(title)
Denial, nonrenewal and revocation of license, certification or registration based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
14
.
50.498 (2) of the statutes is amended to read:
50.498
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
15
.
50.498 (4) of the statutes is renumbered 50.498 (4) (a).
Section
16
.
50.498 (4) (b) of the statutes is created to read:
50.498
(4)
(b) The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) or shall revoke a certificate of approval, license or provisional license specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the certificate of approval, license or provisional license is liable for delinquent unemployment insurance contributions.
Section
17
.
50.498 (5) of the statutes is amended to read:
50.498
(5)
An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5)
or s. 108.227 (5) and (6), whichever is applicable
.
Section
18
.
51.032 (title) of the statutes is amended to read:
51.032
(title)
Denial and revocations of certification or approval based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
19
.
51.032 (2) of the statutes is amended to read:
51.032
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
20
.
51.032 (4) of the statutes is amended to read:
51.032
(4)
The department shall deny an application for the issuance of a certification or approval specified in sub. (1) or shall revoke a certification or approval specified in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant for or holder of a certification or approval is liable for delinquent unemployment insurance contributions
.
Section
21
.
51.032 (5) of the statutes is amended to read:
51.032
(5)
An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5)
or s. 108.227 (5) and (6), whichever is applicable
.
Section
22
.
71.78 (4) (o) of the statutes is amended to read:
71.78
(4)
(o) A licensing department or the supreme court, if the supreme court agrees, for the purpose of denial, nonrenewal, discontinuation and revocation of a license based on tax delinquency under s. 73.0301
or unemployment insurance contribution delinquency under s. 108.227
.
Section
23
.
73.0301 (2) (c) 2. of the statutes is amended to read:
73.0301
(2)
(c) 2. A licensing department may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the purpose of requesting certifications under par.
(b)
(a) 1. or
2. in accordance with the memorandum of understanding under sub. (4) and administering state taxes
or
, to the department of workforce development for the purpose of requesting certifications under s. 108.227 (2) (a) 1. or 2. in accordance with the memorandum of understanding under s. 108.227 (4) and administering the unemployment insurance program, and
to the department of children and families for the purpose of administering s. 49.22.
Section
24
.
73.0302 (title) of the statutes is amended to read:
73.0302
(title)
Liability for delinquent taxes
or unemployment insurance contributions
.
Section
25
.
73.0302 (5) of the statutes is created to read:
73.0302
(5)
If the department of workforce development certifies under s. 108.227 that an applicant for certification or recertification under s. 73.03 (50) or a person who holds a certificate issued under s. 73.03 (50) is liable for delinquent unemployment insurance contributions, the department of revenue shall deny the application or revoke the certificate. A person subject to a denial or revocation under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this chapter.
Section
26
.
73.0302 (6) of the statutes is created to read:
73.0302
(6)
The department of revenue may disclose a social security number obtained under s. 73.03 (50) (c) to the department of workforce development for the purpose of requesting certifications under s. 108.227.
Section
27
.
73.09 (6m) of the statutes is amended to read:
73.09
(6m)
Social security numbers.
Each applicant for certification or recertification under this section shall provide the applicant's social security number on the application. The department of revenue may not disclose a social security number that it obtains under this subsection
, except to the department of workforce development for the purpose of requesting certifications under s. 108.227
. The department of revenue may not certify or recertify any person who fails to provide his or her social security number on his or her application.
Section
28
.
73.09 (8) of the statutes is created to read:
73.09
(8)
Liability for delinquent unemployment insurance contributions.
If the department of workforce development certifies under s. 108.227 that an applicant for certification or recertification under this section is liable for delinquent unemployment insurance contributions, the department of revenue shall deny the application for certification or recertification or revoke the certificate. A person subject to a denial or revocation under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this chapter.
Section
29
.
101.02 (20) (b) of the statutes is amended to read:
101.02
(20)
(b) Except as provided in par. (e), the department of safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of safety and professional services with his or her social security number and each applicant that is not an individual provides the department of safety and professional services with its federal employer identification number. The department of safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
30
.
101.02 (20) (c) of the statutes is amended to read:
101.02
(20)
(c) The department of safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions
.
Section
31
.
101.02 (20) (d) of the statutes is amended to read:
101.02
(20)
(d) The department of safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions
.
Section
32
.
102.17 (1) (c) of the statutes is amended to read:
102.17
(1)
(c) Any party shall have the right to be present at any hearing, in person or by attorney or any other agent, and to present such testimony as may be pertinent to the controversy before the department. No person, firm, or corporation, other than an attorney at law who is licensed to practice law in the state, may appear on behalf of any party in interest before the department or any member or employee of the department assigned to conduct any hearing, investigation, or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified, and has obtained from the department a license with authorization to appear in matters or proceedings before the department. Except as provided under pars. (cm)
and
,
(cr),
and (ct),
the license shall be issued by the department under rules promulgated by the department. The department shall maintain in its office a current list of persons to whom licenses have been issued. Any license may be suspended or revoked by the department for fraud or serious misconduct on the part of an agent, any license may be denied, suspended, nonrenewed, or otherwise withheld by the department for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent, and any license may be denied or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
or if the department determines under par. (ct) that the applicant or licensee is liable for delinquent contributions
. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department shall give notice in writing to the agent of the charges of fraud or misconduct and shall give the agent full opportunity to be heard in relation to those charges. In denying, suspending, restricting, refusing to renew, or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the department shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857. The license and certificate of authority shall, unless otherwise suspended or revoked, be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department from time to time, but each renewed license shall expire on the June 30 following the issuance of the renewed license.
Section
33
.
102.17 (1) (ct) of the statutes is created to read:
102.17
(1)
(ct) 1. The department may deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department determines that the applicant or licensee is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding par. (c), an action taken under this subdivision is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
2. If the department denies an application or revokes a license under subd. 1., the department shall mail a notice of denial or revocation to the applicant or license holder. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or license holder may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or license holder is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
3. If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under subd. 1. that an applicant or license holder is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or license holder may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.
4. If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose license is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the license or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a license under this subdivision.
Section
34
.
103.005 (10) of the statutes is amended to read:
103.005
(10)
Except as provided in ss. 103.06 (5) (d), 103.275 (2) (bm)
and
,
(br)
, and (bt)
, 103.34 (10) (b)
and
,
(c)
, and (d)
, 103.91 (4) (b)
and
,
(c)
, and (d)
, 103.92 (6)
and
,
(7)
, and (8)
, 104.07 (5)
and
,
(6)
, and (7)
, and 105.13 (2)
and
,
(3)
, and (4)
, orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.
Section
35
.
103.275 (2) (b) (intro.) of the statutes is amended to read:
103.275
(2)
(b) (intro.) Except as provided under pars. (bm)
and
,
(br)
, and (bt)
, upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:
Section
36
.
103.275 (2) (bt) of the statutes is created to read:
103.275
(2)
(bt) 1. The department may deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department determines that the applicant or house-to-house employer is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding sub. (7) and s. 103.005 (10), an action taken under this subdivision is subject to review only as provided under s. 108.227 (5) and not as provided in sub. (7) and ch. 227.
2. If the department denies an application or revokes a certificate under subd. 1., the department shall mail a notice of denial or revocation to the applicant or house-to-house employer. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or house-to-house employer may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or house-to-house employer is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
3. If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under subd. 1. that an applicant or house-to-house employer is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or house-to-house employer may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.
4. If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose certificate is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
Section
37
.
103.275 (7) (b) of the statutes is amended to read:
103.275
(7)
(b) Except as provided in sub. (2) (bm)
and
,
(br)
, and (bt)
, after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.
Section
38
.
103.275 (7) (c) of the statutes is amended to read:
103.275
(7)
(c) Except as provided in sub. (2) (bm)
and
,
(br)
, and (bt)
, the department may revoke a certificate issued under sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.
Section
39
.
103.34 (3) (c) of the statutes is amended to read:
103.34
(3)
(c) Subject to par. (d) and sub. (10) (b)
and
,
(c)
, and (d)
, after completing the investigation under par. (b), the department shall issue a certificate of registration to the applicant if the department determines that the applicant meets the minimum requirements under this section and rules promulgated under sub. (13) for issuance of a certificate of registration and is satisfied that the applicant will comply with this section and those rules.
Section
40
.
103.34 (10) (title) of the statutes is amended to read:
103.34
(10)
(title)
Child support; delinquent taxes
or unemployment insurance contributions
.
Section
41
.
103.34 (10) (d) of the statutes is created to read:
103.34
(10)
(d) 1. The department may deny an application for the issuance or renewal of a certificate of registration, or revoke a certificate of registration already issued, if the department determines that the applicant or registrant is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding s. 103.005 (10), an action taken under this subdivision is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
2. If the department denies an application or revokes a certificate of registration under subd. 1., the department shall mail a notice of denial or revocation to the applicant or registrant. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or registrant may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or registrant is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
3. If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under subd. 1. that an applicant or registrant is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or registrant may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.
4. If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose certificate of registration is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the certificate of registration or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
Section
42
.
103.91 (4) (d) of the statutes is created to read:
103.91
(4)
(d) 1. The department may deny an application for the issuance or renewal of a certificate of registration under sub. (1), or revoke such a certificate already issued, if the department determines that the applicant or registrant is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding s. 103.005 (10), an action taken under this subdivision is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
2. If the department denies an application or revokes a certificate of registration under subd. 1., the department shall mail a notice of denial or revocation to the applicant or registrant. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or registrant may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or registrant is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
3. If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under subd. 1. that an applicant or registrant is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or registrant may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.
4. If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose certificate is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
Section
43
.
103.92 (3) of the statutes is amended to read:
103.92
(3)
Certificate.
The department shall inspect each camp for which application to operate is made, to determine if it is in compliance with the rules of the department establishing minimum standards for migrant labor camps. Except as provided under subs. (6)
and
,
(7)
, and (8)
, if the department finds that the camp is in compliance with the rules, it shall issue a certificate authorizing the camp to operate until March 31 of the next year. The department shall refuse to issue a certificate if it finds that the camp is in violation of such rules, if the person maintaining the camp has failed to pay court-ordered payments as provided in sub. (6) or if the person maintaining the camp is liable for delinquent taxes as provided in sub. (7)
or delinquent unemployment insurance contributions as provided in sub. (8)
.
Section
44
.
103.92 (8) of the statutes is created to read:
103.92
(8)
Liability for delinquent unemployment insurance contributions.
(a) The department may deny an application for the issuance or renewal of a certificate to operate a migrant labor camp, or revoke such a certificate already issued, if the department determines that the applicant or person operating the camp is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
(b) If the department denies an application or revokes a certificate under par. (a), the department shall mail a notice of denial or revocation to the applicant or person operating the camp. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or person operating the camp may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or person operating the camp is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
(c) If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under par. (a) that an applicant or person operating a camp is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or person operating a camp may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this paragraph.
(d) If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose certificate is revoked or whose application is denied under par. (a) is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this paragraph.
Section
45
.
104.07 (1) and (2) of the statutes are amended to read:
104.07
(1)
The department shall make rules, and, except as provided under subs. (5)
and
,
(6)
, and (7)
, grant licenses to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that is commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee.
(2)
The department shall make rules, and, except as provided under subs. (5)
and
,
(6)
, and (7)
, grant licenses to sheltered workshops, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.
Section
46
.
104.07 (7) of the statutes is created to read:
104.07
(7)
(a) The department may deny an application for the issuance or renewal of a license under sub. (1) or (2), or revoke such a license already issued, if the department determines that the applicant or licensee is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
(b) If the department denies an application or revokes a license under par. (a), the department shall mail a notice of denial or revocation to the applicant or licensee. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or licensee may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or licensee is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
(c) If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under par. (a) that an applicant or licensee is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or licensee may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this paragraph.
(d) If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose license is revoked or whose application is denied under par. (a) is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the license or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a license under this paragraph.
Section
47
.
105.13 (1) of the statutes is amended to read:
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),
or that the applicant is liable for delinquent unemployment insurance contributions 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)
or delinquent unemployment insurance contributions as provided in sub. (4)
is cause to deny or revoke a license.
Section
48
.
105.13 (4) of the statutes is created to read:
105.13
(4)
(a) The department may deny an application for the issuance or renewal of an employment agent's license, or revoke such a license already issued, if the department determines that the applicant or licensee is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.
(b) If the department denies an application or revokes a license under par. (a), the department shall mail a notice of denial or revocation to the applicant or licensee. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or licensee may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or licensee is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).
(c) If, after a hearing under s. 108.227 (5) (a), the department affirms a determination under par. (a) that an applicant or licensee is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or licensee may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this paragraph.
(d) If, after a hearing under s. 108.227 (5) (a), the department determines that a person whose license is revoked or whose application is denied under par. (a) is not liable for delinquent contributions, as defined in s. 108.227 (1) (d), the department shall reinstate the license or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a license under this paragraph.
Section
49
.
108.02 (4m) (a) of the statutes is amended to read:
108.02
(4m)
(a) All earnings for wage-earning service which are paid to an employee during his or her base period as a result of employment for an employer
except any payment made to or on behalf of an employee or his or her beneficiary under a cafeteria plan within the meaning of
26 USC 125
, if the payment would not be treated as wages without regard to that plan and if
26 USC 125
would not treat the payment as constructively received
;
Section
50
.
108.02 (4m) (g) of the statutes is repealed.
Section
51
.
108.02 (10e) (intro.) of the statutes is renumbered 108.02 (10e) (am) (intro.) and amended to read:
108.02
(10e)
(am) (intro.) "Departmental error" means an error made by the department in computing or paying benefits which results
exclusively
from:
Section
52
.
108.02 (10e) (a) and (b) of the statutes are renumbered 108.02 (10e) (am) 1. and 2.
Section
53
.
108.02 (10e) (bm) of the statutes is created to read:
108.02
(10e)
(bm) "Departmental error" does not include an error made by the department in computing, paying, or crediting benefits to any individual, whether or not a claimant, or in crediting contributions or reimbursements to one or more employers that results from any of the following:
1. A computer malfunction or programming error.
2. An error in transmitting data to or from a financial institution.
3. A typographical or keying error.
4. A bookkeeping or other payment processing error.
5. An action by the department resulting from a false statement or representation by an individual, including a statement or representation relating to the individual's identity.
6. An action by the department resulting from an unauthorized manipulation of an electronic system from within or outside the department.
Section
54
.
108.02 (13) (a) of the statutes is amended to read:
108.02
(13)
(a) "Employer" means every government unit and Indian tribe, and any person, association, corporation, whether domestic or foreign, or legal representative, debtor in possession or trustee in bankruptcy or receiver or trustee of a person, partnership, association, or corporation, or guardian of the estate of a person, or legal representative of a deceased person, any partnership or partnerships consisting of the same partners, except as provided in par. (L), any limited liability company
or limited liability companies consisting of the same members, except as provided in par. (kL)
, and any fraternal benefit society as defined in s. 614.01 (1) (a), which is subject to this chapter under the statutes of 1975, or which has had employment in this state and becomes subject to this chapter under this subsection and, notwithstanding any other provisions of this section, any service insurance corporation organized or operating under ch. 613, except as provided in s. 108.152 (6) (a) 3.
Section
55
.
108.02 (13) (kL) of the statutes is repealed.
Section
56
.
108.02 (15) (kt) of the statutes is created to read:
108.02
(15)
(kt)
"
Employment", as applied to work for a given employer other than a government unit, an Indian tribe, or a nonprofit organization, except as the employer elects otherwise with the department's approval, does not include service performed by an inmate of a state prison, as defined in s. 302.01, or a federal prison.
Section
57
.
108.04 (1) (f) of the statutes is amended to read:
108.04
(1)
(f) If an employee is required by law to have a license issued by a governmental agency to perform his or her customary work for an employer, and the employee's employment is suspended or terminated because the employee's license has been suspended, revoked or not renewed due to the employee's fault, the employee is not eligible to receive benefits until 5 weeks have elapsed since the end of the week in which the suspension or termination occurs or until the license is reinstated or renewed, whichever occurs first. The wages paid by the employer with which an employee's employment is suspended or terminated shall be excluded from the employee's base period wages under s. 108.06 (1) for purposes of benefit entitlement while the suspension, revocation or nonrenewal of the license is in effect. This paragraph does not preclude an employee from establishing a benefit year using the wages excluded under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits
paid during a benefit year
otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18 from which
base period wages are excluded under this paragraph
if an employee qualifies to receive benefits for any week in that benefit year using wages that were excluded under this paragraph
.
Section
58
.
108.04 (1) (g) (intro.) of the statutes is amended to read:
108.04
(1)
(g) (intro.) Except as provided in par. (gm)
and s. 108.06 (7) (d)
, the base period wages utilized to compute total benefits payable to an individual under s. 108.06 (1) as a result of the following employment shall not exceed 10 times the individual's weekly benefit rate based solely on that employment under s. 108.05 (1):
Section
59
.
108.04 (1) (hm) of the statutes is amended to read:
108.04
(1)
(hm) The department may require any claimant to appear before it and to answer truthfully, orally or in writing, any questions relating to the claimant's eligibility for benefits
and
or
to provide such demographic information as may be necessary to permit the department to conduct a statistically valid sample audit of compliance with this chapter. A claimant is not eligible to receive benefits for any week in which the claimant fails to comply with a request by the department to provide the information required under this paragraph, or any subsequent week, until the claimant complies or satisfies the department that he or she had good cause for failure to comply with a request of the department under this paragraph.
If
Except as provided in s. 108.04 (2) (e) and (f), if
a claimant later complies with a request by the department
or satisfies the department
that he or she had good cause for failure to comply with a request
within the period specified in s. 108.09 (2) (c)
, the claimant is eligible to receive benefits as of the week in which the failure occurred, if otherwise qualified.
Section
60
.
108.04 (1) (i) of the statutes is repealed.
Section
61
.
108.04 (2) (a) 3. c. of the statutes is amended to read:
108.04
(2)
(a) 3. c. Whether the individual has recall rights with the employer under the terms of any applicable collective bargaining agreement
.
; and
Section
62
.
108.04 (2) (a) 4. of the statutes is created to read:
108.04
(2)
(a) 4. If the claimant is claiming benefits for a week other than an initial week, the claimant provides information or job application materials that are requested by the department and participates in a public employment office workshop or training program or in similar reemployment services that are required by the department under sub. (15) (a) 2.
Section
63
.
108.04 (2) (g) of the statutes is created to read:
108.04
(2)
(g) 1. Each claimant shall create security credentials in order to engage in transactions with the department, including the filing of an initial or continued claim for benefits. The security credentials may consist of a personal identification number, username, and password, or any other means prescribed by the department.
2. If a claimant's security credentials are used in the filing of an initial or continued claim for benefits or any other transaction, the individual using the security credentials is presumed to have been the claimant or the claimant's authorized agent. This presumption may be rebutted by a preponderance of evidence showing that the claimant who created the security credentials or the claimant's authorized agent was not the person who used the credentials in a given transaction. If a claimant uses an agent to engage in any transaction with the department using the claimant's security credentials, the claimant is responsible for the actions of the agent. If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, and the department pays benefits to an unauthorized person because of the claimant's action or inaction, the department may recover from the claimant the benefits that were paid to the unauthorized person in the same manner as provided for overpayments to claimants under s. 108.22 (8) or under 108.245. If a claimant who created security credentials or the claimant's authorized agent divulges the credentials to another person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, the department is not obligated to pursue recovery of, or to reimburse the claimant for, benefits payable to the claimant that were erroneously paid to another person.
Section
64
.
108.04 (2) (h) of the statutes is created to read:
108.04
(2)
(h) A claimant shall, when the claimant first files a claim for benefits under this chapter and during each subsequent week the claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance benefits under
42 USC ch. 7
subch. II.
Section
65
.
108.04 (8) (a) and (c) of the statutes are amended to read:
108.04
(8)
(a) If an employee fails, without good cause, to accept suitable work when offered, the employee is ineligible to receive benefits until
4 weeks have elapsed since the end of the week in which the failure occurs and
the employee earns wages after the week in which the failure occurs equal to at least
4
6
times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.
(c) If an employee fails, without good cause, to return to work with a former employer that recalls the employee within 52 weeks after the employee last worked for that employer, the employee is ineligible to receive benefits until
4 weeks have elapsed since the end of the week in which the failure occurs and
the employee earns wages after the week in which the failure occurs equal to at least
4
6
times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of any employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to return to work with that employer. If an employee receives actual notice of a recall to work, par. (a) applies in lieu of this paragraph.
Section
65m
.
108.04 (11) (b) of the statutes is amended to read:
108.04
(11)
(b) If a claimant, in filing a claim for any week, conceals any of his or her wages earned
in
or paid or payable
for
or hours worked in
that week, the claimant is ineligible for benefits as provided in par. (be).
Section
65p
.
108.04 (11) (bh) of the statutes is amended to read:
108.04
(11)
(bh) In addition to
the penalty
ineligibility
for benefits resulting from concealment as provided in par. (be), the department shall assess a penalty against the claimant in an amount equal to 15 percent of the benefit payments erroneously paid to the claimant as a result of one or more acts of concealment described in pars. (a) and (b).
Section
66
.
108.04 (12) (f) of the statutes is created to read:
108.04
(12)
(f) 1. Any individual who actually receives social security disability insurance benefits under
42 USC ch. 7
subch. II in a given week is ineligible for benefits paid or payable in that same week under this chapter.
2. Information that the department receives or acquires from the federal social security administration that an individual is receiving social security disability insurance benefits under
42 USC ch. 7
subch. II in a given week is considered conclusive, absent clear and convincing evidence that the information was erroneous.
Section
67
.
108.04 (15) of the statutes is created to read:
108.04
(15)
Department powers to assist claimants.
(a) Except as provided in par. (b), the department may do any of the following for the purpose of assisting claimants to find or obtain work:
1. Use the information or materials provided under sub. (2) (a) 4. to assess a claimant's efforts, skills, and ability to find or obtain work and to develop a list of potential opportunities for a claimant to obtain suitable work. A claimant who otherwise satisfies the requirement under sub. (2) (a) 3. is not required to apply for any specific positions on the list in order to satisfy that requirement.
2. Require a claimant to participate in a public employment office workshop or training program or in similar reemployment services that do not charge the claimant a participation fee and that offer instruction to improve the claimant's ability to obtain suitable work.
(b) This subsection does not apply with respect to a claimant who is exempt from any of the requirements in sub. (2) (a) 2. or 3. in a given week.
Section
68
.
108.05 (1) (n) to (p) of the statutes are repealed.
Section
69
.
108.05 (1) (q) (intro.) of the statutes, as affected by
2013 Wisconsin Act 11
, is amended to read:
108.05
(1)
(q) (intro.) Except as provided in s. 108.062 (6) (a), each eligible employee shall be paid benefits for each week of total unemployment that commences on or after January 4, 2009,
and before January 5, 2014,
at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base period wages that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (q) following]
Section
72
.
108.05 (1) (r) of the statutes is created to read:
108.05
(1)
(r) Except as provided in s. 108.062 (6) (a), each eligible employee shall be paid benefits for each week of total unemployment that commences on or after January 5, 2014, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base period wages that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (r) following]
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See PDF for table
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See PDF for table
Section
73
.
108.05 (2) (c) of the statutes is amended to read:
108.05
(2)
(c) This chapter's maximum weekly benefit rate, as to weeks of unemployment in the ensuing half year, shall equal the result obtained by rounding 66-2/3% of the "average wages per average week" to the nearest multiple of one dollar, and the minimum weekly benefit rate shall be an amount which is
15%
14.6 percent
of the maximum rate and adjusted, if not a multiple of one dollar, to the next lower multiple of one dollar.
Section
75L
.
108.05 (3) (d) of the statutes is amended to read:
108.05
(3)
(d) A claimant is ineligible to receive benefits for any week in which the claimant conceals wages
or hours worked
as provided in s. 108.04 (11) (b).
Section
75m
.
108.05 (3) (dm) of the statutes, as affected by
2013 Wisconsin Act 11
, is repealed and recreated to read:
108.05
(3)
(dm) Except when otherwise authorized in an approved work-share program under s. 108.062, a claimant is ineligible to receive any benefits for a week if the claimant receives or will receive from one or more employers wages earned for work performed in that week, amounts treated as wages under s. 108.04 (1) (bm) for that week, sick pay, holiday pay, vacation pay, termination pay, bonus pay, back pay, or payments treated as wages under s. 108.04 (12) (e), or any combination thereof, totalling more than $500.
Section
76
.
108.06 (1) of the statutes is amended to read:
108.06
(1)
Except as provided in
subs
.
sub.
(6)
and (7)
and ss. 108.141 and 108.142, no claimant may receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the claimant's base period wages, whichever is lower. Except as provided in
subs
.
sub.
(6)
and (7)
and ss. 108.141 and 108.142, if a claimant's base period wages are reduced or canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (f), (10) (a), or (17), the claimant may not receive total benefits based on employment in a base period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the base period wages not reduced, canceled or suspended which were paid or payable to the claimant, whichever is lower.
Section
77
.
108.06 (2) (c) of the statutes is amended to read:
108.06
(2)
(c) No benefits are payable to a claimant for any week of unemployment not occurring during the claimant's benefit year except under
sub. (7)
and
ss. 108.141 and 108.142.
Section
78
.
108.06 (2) (cm) of the statutes is amended to read:
108.06
(2)
(cm) If an employee qualifies to receive benefits using the base period described in s. 108.02 (4) (b), the wages used to compute the employee's benefit entitlement are not available for use in any subsequent benefit computation for the same employee, except under
sub. (7) and
s. 108.141 or 108.142.
Section
79
.
108.06 (3) of the statutes is amended to read:
108.06
(3)
There shall be payable to an employee, for weeks ending within the employee's benefit year, only those benefits computed for that benefit year based on the wages paid to the employee in the immediately preceding base period. Wages used in a given benefit computation are not available for use in any subsequent benefit computation except under
sub. (7) and
s. 108.141.
Section
80
.
108.06 (6) (intro.) of the statutes is amended to read:
108.06
(6)
(intro.) If a claimant has established a benefit year prior to the effective date of any increase in the maximum weekly benefit rate provided under s. 108.05 (1), the claimant has not exhausted his or her total benefit entitlement under sub. (1) for that benefit year on that effective date, and the claimant was entitled to receive the maximum weekly benefit rate under s. 108.05 (1) that was in effect prior to that effective date, the limitation on the total benefits authorized to be paid to a claimant under sub. (1) does not apply to that claimant in that benefit year. Unless
sub. (7) or
s. 108.141 or 108.142 applies, the claimant's remaining benefit entitlement in that benefit year for the period beginning on that effective date shall be computed by:
Section
81
.
108.06 (7) of the statutes is repealed.
Section
82
.
108.07 (8) of the statutes is repealed.
Section
83
.
108.10 (intro.) of the statutes is amended to read:
108.10
Settlement of issues other than benefit claims.
(intro.)
In
Except as provided in s. 108.245 (3), in
connection with any issue arising under this chapter as to the status or liability of an employing unit in this state, for which no review is provided under s. 108.09
or 108.227 (5)
and whether or not a penalty is provided in s. 108.24, the following procedure shall apply:
Section
84
.
108.14 (8n) (e) of the statutes is amended to read:
108.14
(8n)
(e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r),
or
(5) (b)
or (8)
would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.
Section
85
.
108.14 (19) of the statutes is amended to read:
108.14
(19)
On or about February
No later than March
15 annually, the department shall prepare and furnish to the council on unemployment insurance a report summarizing the department's activities related to detection and prosecution of unemployment insurance fraud in the preceding year.
The department shall include in the report information about audits conducted by the department under sub. (20), including the number and results of audits performed, in the previous year.
Section
86
.
108.14 (20) of the statutes is created to read:
108.14
(20)
The department shall conduct random audits on claimants for benefits under this chapter to assess compliance with the work search requirements under s. 108.04 (2) (a) 3.
Section
87
.
108.14 (21) of the statutes is created to read:
108.14
(21)
The department shall maintain a portal on the Internet that allows employers to log in and file with the department complaints related to the administration of this chapter.
Section
88
.
108.14 (22) of the statutes is created to read:
108.14
(22)
The commission shall maintain a searchable, electronic database of significant decisions made by the commission on matters under this chapter for the use of attorneys employed by the department and the commission and other individuals employed by the department and the commission whose duties necessitate use of the database.
Section
89
.
108.14 (23) of the statutes is created to read:
108.14
(23)
(a) The department shall create and periodically update a handbook for the purpose of informing employers that are or may be subject to this chapter about the provisions and requirements of this chapter.
(b) The department shall include all of the following in the handbook:
1. Information about the function and purpose of unemployment insurance under this chapter.
2. A description of the rights and responsibilities of employers under this chapter, including the rights and responsibilities associated with hearings to determine whether claimants are eligible for benefits under this chapter.
3. A description of the circumstances under which workers are generally eligible and ineligible for benefits under this chapter.
4. Disclaimers explaining that the contents of the handbook may not be relied upon as legally enforceable and that adherence to the content does not guarantee a particular result for a decision under this chapter.
5. A line to allow an individual employed by an employer to sign to acknowledge that the individual is aware of the contents of the handbook.
(c) The department shall make the handbook available on the Internet.
(d) The department shall distribute printed copies of the handbook to persons who request a copy and may charge a fee as provided in s. 20.908 for the costs of printing and distribution.
Section
90
.
108.14 (24) of the statutes is created to read:
108.14
(24)
The department shall provide information to employers concerning the financing of the unemployment insurance system, including the computation of reserve percentages and their effect upon the contribution and solvency rates of employers, and shall post this information on the Internet. If the department provided a statement of account to any employer, the department shall include the same information on the statement. In addition, the department shall provide the same information in writing to each employer who becomes newly subject to a requirement to pay contributions or reimbursements under this chapter.
Section
91
.
108.14 (25) of the statutes is created to read:
108.14
(25)
(a) In this section, "appeal tribunal" includes appeal tribunals under s. 108.09 (3) (a) 1., 2., and 3.
(b) The department shall conduct an initial training for all individuals who serve as appeal tribunals to prepare them to be able to perform the duties of appeal tribunals established under this chapter.
(c) The department shall require each individual who serves as an appeal tribunal to satisfy continuing education requirements, as prescribed by the department.
Section
92
.
108.14 (26) of the statutes is created to read:
108.14
(26)
The department shall prescribe by rule a standard affidavit form that may be used by parties to appeals under ss. 108.09 and 108.10 and shall make the form available to employers and claimants. The form shall be sufficient to qualify as admissible evidence in a hearing under this chapter if the authentication is sufficient and the information set forth by the affiant is admissible, but its use by a party does not eliminate the right of an opposing party to cross examine the affiant concerning the facts asserted in the affidavit.
Section
93
.
108.141 (7) (a) of the statutes is amended to read:
108.141
(7)
(a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (p), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r),
or
(5) (b)
or (8)
applies to the fund's balancing account.
Section
94
.
108.16 (2) (g) and (h) of the statutes are amended to read:
108.16
(2)
(g) Whenever the department receives a request of 2 or more partnerships
or limited liability companies
consisting of the same partners
or members
to be treated as separate employers prior to October 1 of any year, the department shall apportion the balance in any existing account of the partnerships
or limited liability companies
among the separate employers on January 1 following the date of receipt of the request in proportion to the payrolls incurred in the businesses operated by each of the employers in the 4 completed calendar quarters ending on the computation date preceding the date of receipt of the request and shall calculate the reserve percentage of each separate employer in accordance with the proportion of the payroll attributable to that employer. Section 108.18 (2) is not made applicable to the separate employers by reason of such treatment. For purposes of s. 108.18 (7), the department shall treat the partnerships
or limited liability companies
as separate employers on November 1 preceding that January 1. For purposes of s. 108.18 (7) (b) and (c), the department shall treat the separate employers as existing employers on that January 1.
(h) Whenever, prior to October 1 of any year, the department receives a written request by all partnerships
or limited liability companies
consisting of the same partners
or members
which have elected to be treated as separate employers for the partnerships
or limited liability companies
to be treated as a single employer, the department shall combine the balances in the existing accounts of the separate employers into a new account on January 1 following the date of receipt of the request and shall calculate the reserve percentage of the single employer in accordance with the combined payroll attributable to each of the separate employers in the 4 completed calendar quarters ending on the computation date preceding that January 1. Section 108.18 (2) is not made applicable to the single employer by reason of such treatment. For purposes of s. 108.18 (7), the department shall treat the partnerships
or limited liability companies
as a single employer on November 1 preceding that January 1. For purposes of s. 108.18 (7) (b) and (c), the department shall treat the single employer as an existing employer on that January 1.
Section
95
.
108.16 (3) (c) of the statutes is created to read:
108.16
(3)
(c) Any nonrecoverable payment made without fault on the part of the intended payee.
Section
96
.
108.16 (6) (o) of the statutes is created to read:
108.16
(6)
(o) Any erroneous payment recovered under s. 108.22 (8e).
Section
97
.
108.16 (6m) (a) of the statutes is amended to read:
108.16
(6m)
(a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m),
or
(6)
, or (8)
, 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
Section
98
.
108.16 (6m) (h) of the statutes is created to read:
108.16
(6m)
(h) Any amount paid to correct a payment under s. 108.22 (8e) that is not recovered or recoverable.
Section
99
.
108.16 (8) (b) 4. of the statutes is amended to read:
108.16
(8)
(b) 4. The department has received a written application from the transferee requesting that it be deemed a successor.
Such
Unless the transferee satisfies the department that the application was late as a result of excusable neglect, the
application must be received by the department on or before the contribution payment due date for the first full quarter following the date of transfer.
The department shall not accept a late application under this subdivision more than 90 days after its due date.
Section
100
.
108.205 (1) of the statutes is amended to read:
108.205
(1)
Each employer shall file with the department, in such form as the department by rule requires, a quarterly report showing the name, social security number and wages paid to each employee who is employed by the employer in employment with the employer during the quarter.
The department may also by rule require each employer to include in the report any salary reduction amounts that are not wages and that would have been paid to each such employee by the employer as salary during the quarter but for a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125.
The employer shall file the report no later than the last day of the month following the completion of each quarter.
Section
102
.
108.22 (1) (a) of the statutes is amended to read:
108.22
(1)
(a)
If
Except as provided in par. (cm), if
any employer, other than an employer which has ceased business and has not paid or incurred a liability to pay wages in any quarter following the cessation of business, is delinquent in making by the assigned due date any payment to the department required of it under this chapter, the employer shall pay interest on the delinquent payment at that monthly rate that annualized is equal to 9 percent or to 2 percent more than the prime rate as published in the Wall Street Journal as of September 30 of the preceding year, whichever is greater, for each month or fraction thereof that the employer is delinquent from the date such payment became due. If any such employer is delinquent in
making
filing
any quarterly report under s. 108.205 (1) by the assigned due date, the
employer shall pay
department may assess
a tardy filing fee
of $50
to the employer
for each delinquent quarterly report
in the amount of $100 or $20 per employee, as reported on the employer's most recent quarterly report, whichever is greater, or, if the report is filed within 30 days of its due date, in the amount of $50. If the department cannot determine the number of the employer's employees from the employer's most recent quarterly report, the department may reasonably estimate the number of the employer's employees for purposes of this paragraph
.
Section
103
.
108.22 (1) (cm) of the statutes is created to read:
108.22
(1)
(cm) In limited circumstances as prescribed by rule of the department, the department may waive or decrease the interest charged under par. (a) or s. 108.17 (2c) (c).
Section
104
.
108.22 (8) (c) 1. a. of the statutes is amended to read:
108.22
(8)
(c) 1. a. The overpayment was the result of a departmental error
and
was not the fault of any employer under s. 108.04 (13) (f)
; and
Section
105
.
108.22 (8e) of the statutes is created to read:
108.22
(8e)
If the department determines a payment has been made to an unintended recipient erroneously without fault on the part of the intended payee or payee's authorized agent, the department may issue the correct payment to the intended payee if necessary, and may recover the amount of the erroneous payment from the recipient under this section or s. 108.225 or 108.245.
Section
106
.
108.223 of the statutes is created to read:
108.223
Financial record matching program.
(1)
Definitions.
In this section:
(a) "Account" means a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.
(bg) "Debt" has the meaning given in s. 108.225 (1) (b).
(br) "Debtor" means a debtor, as defined in s. 108.225 (1) (c), whose debt has been finally determined under this chapter and is not subject to further appeal and for whom, with respect to a debt, a warrant has been issued under s. 108.22 (2), (3) or (8).
(c) "Financial institution" has the meaning given in
12 USC 3401
(1).
(2)
Matching program and agreements.
(a) The department shall operate a financial record matching program under this section for the purpose of identifying the assets of debtors.
(b) The department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. An agreement shall require the financial institution to participate in the financial record matching program by electing either the financial institution matching option under sub. (3) or the state matching option under sub. (4). The financial institution and the department may by mutual agreement make changes to the agreement. A financial institution that wishes to choose a different matching option shall provide the department with at least 60 days notice. The department shall furnish the financial institution with a signed copy of the agreement.
(c) The department shall reimburse a financial institution up to $125 per calendar quarter for participating in the financial record matching program under this section. The department shall make reimbursements under this paragraph from the appropriation under s. 20.445 (1) (n).
(d) To the extent feasible, the information to be exchanged under the matching program shall be provided by electronic data exchange as prescribed by the department in the agreement under par. (b).
(3)
Financial institution matching option.
If a financial institution with which the department has an agreement under sub. (2) elects the financial institution matching option under this subsection, all of the following apply:
(a) At least once each calendar quarter, the department shall provide to the financial institution, in the manner specified in the agreement under sub. (2) (b), information regarding debtors. The information shall include names and social security or other taxpayer identification numbers.
(b) Based on the information received under par. (a), the financial institution shall take actions necessary to determine whether any debtor has an ownership interest in an account maintained at the financial institution. If the financial institution determines that a debtor has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the debtor's name, address of record, social security number or other taxpayer identification number, and account information. The account information shall include the account number, the account type, the nature of the ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner specified in the agreement under sub. (2) (b) and, to the extent feasible, by an electronic data exchange.
(4)
State matching option.
If a financial institution with which the department has an agreement under sub. (2) elects the state matching option under this subsection, all of the following apply:
(a) At least once each calendar quarter, the financial institution shall provide the department with information concerning all accounts maintained at the financial institution. For each account maintained at the financial institution, the financial institution shall notify the department of the name and social security number or other tax identification number of each person having an ownership interest in the account, together with a description of each person's interest. The information required under this paragraph shall be provided in the manner specified in the agreement under sub. (2) (b) and, to the extent feasible, by an electronic data exchange.
(b) The department shall take actions necessary to determine whether any debtor has an ownership interest in an account maintained at the financial institution providing information under par. (a). Upon the request of the department, the financial institution shall provide to the department, for each debtor who matches information provided by the financial institution under par. (a), the address of record, the account number and account type, and the balance of the account.
(5)
Use of information by financial institution; penalty.
A financial institution participating in the financial record matching program under this section, and the employees, agents, officers, and directors of the financial institution, may use information received from the department under sub. (3) only for the purpose of matching records and may use information provided by the department in requesting additional information under sub. (4) only for the purpose of providing the additional information. Neither the financial institution nor any employee, agent, officer, or director of the financial institution may disclose or retain information received from the department concerning debtors. Any person who violates this subsection may be fined not less than $50 nor more than $1,000 or imprisoned in the county jail for not less than 10 days or more than one year or both.
(6)
Use of information by department.
The department may use information provided by a financial institution under this section only for matching records under sub. (4), for administering the financial record matching program under this section, and for pursuing the collection of amounts owed to the department by debtors. The department may not disclose or retain information received from a financial institution under this section concerning account holders who are not debtors.
(7)
Financial institution liability.
A financial institution is not liable to any person for disclosing information to the department in accordance with an agreement under this section or for any other action that the financial institution takes in good faith to comply with this section.
Section
107
.
108.225 (1) (b) of the statutes is amended to read:
108.225
(1)
(b) "Debt" means a delinquent contribution or repayment of a benefit overpayment, a delinquent assessment under s. 108.04 (11) (cm) or 108.19 (1m), a liability incurred under s. 108.04 (11) (bh),
an erroneous payment from the fund recovered under s. 108.245,
or any liability of a 3rd party for failure to surrender to the department property or rights to property subject to levy after proceedings under sub. (4) (b) and s. 108.10 to determine that liability.
Section
108
.
108.227 of the statutes is created to read:
108.227
License denial, nonrenewal, discontinuation, suspension and revocation based on delinquent unemployment insurance contributions.
(1)
Definitions.
In this section:
(a) "Contribution" includes contributions under ss. 108.17 and 108.18, interest for a nontimely payment or a fee assessed on an employer, an assessment under s. 108.19, any payment due for a forfeiture imposed upon an employing unit under s. 108.04 (11) (c), and any other penalty assessed by the department under this chapter against an employing unit.
(b) "Credential" has the meaning given in s. 440.01 (2) (a), but does not include a registration as an inactive licensee under s. 452.12 (6) (b).
(c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of safety and professional services that grants a credential.
(d) "Liable for delinquent contributions" means that a person has exhausted all of the person's remedies under s. 108.10 to challenge the assertion that the person owes the department any contributions and the person is delinquent in the payment of those contributions.
(e) "License" means any of the following:
1. An approval specified in s. 29.024 (2r) or a license specified in s. 169.35.
2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3) or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
5. A license, as defined in s. 101.02 (20) (a).
6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.
7. A license described in s. 218.0114 (14) (a) and (g), a license described in s. 218.0114 (14) (b), (c) or (e), a license issued under s. 218.11, 218.12, 218.22, 218.32, 218.41, 343.61 or 343.62, a buyer identification card issued under s. 218.51 or a certificate of registration issued under s. 341.51.
7m. A license issued under s. 562.05 or 563.24.
8. A license, registration or certification specified in s. 299.07 (1) (a).
9. A credential.
10. A license or permit granted by the department of public instruction.
11. A license to practice law.
12. A license issued under s. 628.04, 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.
13. A license issued by the government accountability board under s. 13.63 (1).
14. A permit under s. 170.12.
15. A
certificate under s. 73.03 (50) or a
certification under s. 73.09.
(f) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.
(g) "Nondelinquency certificate" means a certificate that the department of workforce development issues to a person and that states that the person is not liable for delinquent contributions.
(1m)
General provisions.
The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:
(a) Permitting the department to take action only when all of the remedies available to the department under this chapter have been exhausted.
(b) Providing persons with a certified notice of liability for delinquent contributions.
(c) Allowing persons to make full payment of contributions owed or to negotiate with the department for a payment plan to pay the delinquent contributions. The rules shall include provisions to consider the ability of persons to pay and provisions to allow persons sufficient time and payment terms for paying delinquent contributions.
(2)
Duties and powers of licensing departments.
(a) Each licensing department and the supreme court, if the supreme court agrees, shall enter into a memorandum of understanding with the department of workforce development under sub. (4) (a) that requires the licensing department or supreme court to do all of the following:
1. Request the department of workforce development to certify whether an applicant for a license or license renewal or continuation is liable for delinquent contributions. With respect to an applicant for a license granted by a credentialing board, the department of safety and professional services shall make a request under this subdivision. This subdivision does not apply to the department of transportation with respect to licenses described in sub. (1) (e) 7.
2. Request the department of workforce development to certify whether a license holder is liable for delinquent contributions. With respect to a holder of a license granted by a credentialing board, the department of safety and professional services shall make a request under this subdivision.
(b) Each licensing department and the supreme court, if the supreme court agrees, shall do all of the following:
1. a. If, after a request is made under par. (a) 1. or 2., the department of workforce development certifies that the license holder or applicant for a license or license renewal or continuation is liable for delinquent contributions, revoke the license or deny the application for the license or license renewal or continuation. The department of transportation may suspend licenses described in sub. (1) (e) 7. in lieu of revoking those licenses. A suspension, revocation, or denial under this subd. 1. a. is not subject to administrative review or, except as provided in sub. (6), judicial review. With respect to a license granted by a credentialing board, the department of safety and professional services shall make a revocation or denial under this subd. 1. a. With respect to a license to practice law, the department of workforce development shall not submit a certification under this subd. 1. a. to the supreme court until after the license holder or applicant has exhausted his or her remedies under subs. (5) (a) and (6) or has failed to make use of such remedies.
b. Mail a notice of suspension, revocation, or denial under subd. 1. a. to the license holder or applicant. The notice shall include a statement of the facts that warrant the suspension, revocation, or denial and a statement that the license holder or applicant may, within 30 days after the date on which the notice of suspension, revocation, or denial is mailed, file a written request with the department of workforce development to have the certification of contribution delinquency on which the suspension, revocation, or denial is based reviewed at a hearing under sub. (5) (a) and that the license holder or applicant may seek judicial review under sub. (6) of an affirmation under sub. (5) (b) 2. that the person is liable for delinquent contributions. With respect to a license granted by a credentialing board, the department of safety and professional services shall mail a notice under this subd. 1. b. With respect to a license to practice law, the department of workforce development shall mail a notice under this subd. 1. b. and the notice shall indicate that the license holder or applicant may request a hearing under sub. (5) (a) and may request judicial review under sub. (6) and that the department of workforce development will submit a certificate of delinquency to suspend, revoke, or deny a license to practice law to the supreme court after the license holder or applicant has exhausted his or her remedies under subs. (5) (a) and (6) or has failed to make use of such remedies. A notice sent to a person who holds a license to practice law or who is an applicant for a license to practice law shall also indicate that the department of workforce development may not submit a certificate of delinquency to the supreme court if the license holder or applicant pays the delinquent contributions in full or enters into an agreement with the department of workforce development to satisfy the delinquency.
2. Except as provided in subd. 2m., if notified by the department of workforce development that the department of workforce development has affirmed a certification of contribution delinquency after a hearing under sub. (5) (a), affirm a suspension, revocation, or denial under subd. 1. a. With respect to a license granted by a credentialing board, the department of safety and professional services shall make an affirmation under this subdivision.
2m. With respect to a license to practice law, if notified by the department of workforce development that the department of workforce development has affirmed a certification of contribution delinquency after any requested review under subs. (5) (a) and (6), decide whether to suspend, revoke, or deny a license to practice law.
3. If a person submits a nondelinquency certificate issued under sub. (5) (b) 1., reinstate the license or grant the application for the license or license renewal or continuation, unless there are other grounds for suspending or revoking the license or for denying the application for the license or license renewal or continuation. If reinstatement is required under this subdivision, a person is not required to submit a new application or other material or to take a new test. No separate fee may be charged for reinstatement of a license under this subdivision. With respect to a license granted by a credentialing board, the department of safety and professional services shall reinstate a license or grant an application under this subdivision.
4. If a person whose license has been suspended or revoked or whose application for a license or license renewal or continuation has been denied under subd. 1. a. submits a nondelinquency certificate issued under sub. (3) (a) 2., reinstate the license or grant the person's application for the license or license renewal or continuation, unless there are other grounds for not reinstating the license or for denying the application for the license or license renewal or continuation. With respect to a license granted by a credentialing board, the department of safety and professional services shall reinstate a license or grant an application under this subdivision.
(c) 1. Each licensing department and the supreme court may require a license holder or an applicant for a license or license renewal or continuation to provide the following information upon request:
a. If the license holder or applicant is an individual and has a social security number, the license holder's or applicant's social security number.
am. If the license holder or applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the license holder or applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license issued in reliance upon a false statement submitted under this subd. 1. am. is invalid.
b. If the license holder or applicant is not an individual, the license holder's or applicant's federal employer identification number.
2. A licensing department may not disclose any information received under subd. 1. a. or b. to any person except to the department of workforce development for the purpose of requesting certifications under par. (a) 1. or 2. in accordance with the memorandum of understanding under sub. (4) and administering the unemployment insurance program, to the department of revenue for the purpose of requesting certifications under s. 73.0301 (2) (a) 1. or 2. in accordance with the memorandum of understanding under s. 73.0301 (4) and administering state taxes, and to the department of children and families for the purpose of administering s. 49.22.
(3)
Duties and powers of department of workforce development.
(a) The department of workforce development shall do all of the following:
1. Enter into a memorandum of understanding with each licensing department and the supreme court, if the supreme court agrees, under sub. (4) (a).
2. Upon the request of any applicant for issuance, renewal, continuation, or reinstatement of a license whose license has been previously revoked or suspended or whose application for a license or license renewal or continuation has been previously denied under sub. (2) (b) 1. a., issue a nondelinquency certificate to the applicant if the applicant is not liable for delinquent contributions.
3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.
(b) If a request for certification is made under sub. (2) (a) 1. or 2., the department of workforce development may, in accordance with a memorandum of understanding entered into under par. (a) 1., certify to the licensing department or the supreme court that the applicant or license holder is liable for delinquent contributions.
(4)
Memorandum of understanding.
(a) Each memorandum of understanding shall include procedures that do all of the following:
1. Establish requirements for making requests under sub. (2) (a) 1. and 2., including specifying the time when a licensing department or the supreme court shall make requests under sub. (2) (a) 1. and 2., and for making certifications under sub. (3) (b).
2. Implement the requirements specified in sub. (2) (b) 3. and 4.
(b) The department of workforce development and the licensing department shall consider all of the following factors in establishing requirements under par. (a) 1.:
1. The need to issue licenses in a timely manner.
2. The convenience of applicants.
3. The impact on collecting delinquent contributions.
4. The effects on program administration.
5. Whether a suspension, revocation, or denial under sub. (2) (b) 1. a. will have an impact on public health, safety, or welfare or the environment.
(5)
Hearing.
(a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).
(b) After a hearing conducted under par. (a) or, in the case of a determination related to a license to practice law, after a hearing under par. (a) or, if the hearing is appealed, after judicial review under sub. (6), the department of workforce development shall do one of the following:
1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.
2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.
(6)
Judicial review.
A license holder or applicant may seek judicial review under ss. 227.52 to 227.60 of an affirmation under sub. (5) (b) 2. that the person is liable for delinquent contributions, except that the review shall be in the circuit court for Dane County.
Section
109
.
108.245 of the statutes is created to read:
108.245
Recovery of erroneous payments from fund.
(1)
The department may commence an action to preserve and recover the proceeds of any payment from the fund not resulting from a departmental error, including any payment to which the recipient is not entitled, from any transferee or other person that receives, possesses, or retains such a payment or from any account, including an account at any financial institution, resulting from the transfer, use, or disbursement of such a payment. The department may also commence an action to recover from a claimant the amount of any benefits that were erroneously paid to another person who was not entitled to receive the benefits because the claimant or the claimant's authorized agent divulged the claimant's security credentials to another person or failed to take adequate measures to protect the credentials from being divulged to an unauthorized person.
(2)
The department may sue for injunctive relief to require the payee, transferee, or other person, including a financial institution, in possession of the proceeds from any payment from the fund to preserve the proceeds and to prevent the transfer or use of the proceeds upon showing that the payee, transferee, or other person that receives, possesses, or retains the proceeds is not entitled to receive, possess, or retain the proceeds pending the final order of the court directing disposition of the proceeds. Upon entry of a final order of the court directing the proceeds to be transferred to the department, the payee, transferee, or other person in possession of the proceeds shall transfer the proceeds to the department.
(2m)
No action may be commenced under this section asserting any claim against a claimant unless the claimant has first been afforded his or her rights to contest the claim under s. 108.09.
(3)
Except as provided in sub. (2m), the existence of an administrative or other legal remedy for recovery of a payment under sub. (1) or the the failure of the department to exhaust any such remedy is not a defense to an action under sub. (1). A judgment entered by a court under this section may be recovered and satisfied under s. 108.225.
Section
110
.
115.31 (6m) of the statutes is amended to read:
115.31
(6m)
The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the licensee or permit holder is liable for delinquent unemployment insurance contributions
.
Section
111
.
118.19 (1m) (a) of the statutes is amended to read:
118.19
(1m)
(a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
112
.
118.19 (1m) (b) of the statutes is amended to read:
118.19
(1m)
(b) 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 department of revenue certifies under s. 73.0301 that the applicant, licensee
,
or permit holder is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant, licensee, or permit holder is liable for delinquent unemployment insurance contributions
.
Section
113
.
138.09 (1m) (b) 2. a. of the statutes is amended to read:
138.09
(1m)
(b) 2. a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
114
.
138.09 (3) (am) 2. of the statutes is amended to read:
138.09
(3)
(am) 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes
or the department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions
.
Section
115
.
138.09 (4) (c) of the statutes is amended to read:
138.09
(4)
(c) The division shall revoke a license under this section if the department of revenue certifies that the licensee is liable for delinquent taxes under s. 73.0301
or if the department of workforce development certifies that the licensee is liable for delinquent unemployment insurance contributions under s. 108.227
. A licensee whose license is revoked under this paragraph for delinquent taxes
or unemployment insurance contributions
is entitled to a hearing under s. 73.0301 (5) (a)
or 108.227 (5) (a), whichever is applicable,
but is not entitled to a hearing under par. (a).
Section
116
.
138.12 (3) (d) 2. a. of the statutes is amended to read:
138.12
(3)
(d) 2. a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
117
.
138.12 (4) (a) 1m. of the statutes is created to read:
138.12
(4)
(a) 1m. An applicant whose application is denied under par. (b) 5m. is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to a hearing under this paragraph.
Section
118
.
138.12 (4) (b) 5m. of the statutes is created to read:
138.12
(4)
(b) 5m. Has not been certified by the department of workforce development under s. 108.227 as being liable for delinquent unemployment insurance contributions.
Section
119
.
138.12 (5) (am) 1. b. of the statutes is amended to read:
138.12
(5)
(am) 1. b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301
or the department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions under s. 108.227
. An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a)
or 108.227 (5) (a)
but is not entitled to a hearing under par. (b).
Section
120
.
138.12 (5) (am) 3. of the statutes is amended to read:
138.12
(5)
(am) 3. The division shall revoke the license of any insurance premium finance company if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes
under s. 73.0301
or if the department of workforce development has certified under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions
. A licensee whose license is revoked under this subdivision for delinquent taxes
or unemployment insurance contributions
is entitled to a hearing under s. 73.0301 (5) (a)
or 108.227 (5) (a), whichever is applicable,
but is not entitled to a hearing under par. (b).
Section
121
.
138.14 (4) (a) 2. a. of the statutes is amended to read:
138.14
(4)
(a) 2. a. The division may disclose information under subd. 1. a. or b. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
122
.
138.14 (5) (b) 2m. of the statutes is created to read:
138.14
(5)
(b) 2m. The department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions.
Section
123
.
138.14 (9) (cm) of the statutes is created to read:
138.14
(9)
(cm) The division shall revoke a license issued under this section if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
124
.
138.14 (9) (d) of the statutes is amended to read:
138.14
(9)
(d) Except as provided in pars. (b)
and (c)
to (cm)
, no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license,which shall be considered the equivalent of delivering the notice of hearing and complaint to the licensee.
Section
125
.
146.40 (4d) (b) of the statutes is amended to read:
146.40
(4d)
(b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
126
.
146.40 (4d) (d) of the statutes is amended to read:
146.40
(4d)
(d) The department shall deny an application for the issuance of an approval specified in par. (a) or shall revoke an approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of approval is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant for or holder of approval is liable for delinquent unemployment insurance contributions
.
Section
127
.
146.40 (4d) (e) of the statutes is amended to read:
146.40
(4d)
(e) An action taken under par. (c) or (d) is subject to review only as provided under s. 73.0301 (2) (b) and (5)
or s. 108.227 (5) and (6), whichever is applicable
.
Section
128
.
169.35 (title) of the statutes is amended to read:
169.35
(title)
Denial and revocation of licenses based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
129
.
169.35 (2) of the statutes is amended to read:
169.35
(2)
Disclosure of numbers.
The department of natural resources may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301
and to the department of workforce development for the sole purpose of making certifications required under s. 108.227
.
Section
130
.
169.35 (3) of the statutes is amended to read:
169.35
(3)
Denial and revocation.
The department of natural resources shall deny an application to issue or renew, or shall revoke if already issued, a license specified in sub. (1) if the applicant for or the holder of the license fails to provide the information required under sub. (1)
or
,
if the department of revenue certifies that the applicant or license holder is liable for delinquent taxes under s. 73.0301
, or if the department of workforce development certifies that the applicant or license holder is liable for delinquent unemployment insurance contributions under s. 108.227
.
Section
131
.
170.12 (3m) (b) 1. of the statutes is amended to read:
170.12
(3m)
(b) 1. The board may disclose information under par. (a) 1. or 2. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
132
.
170.12 (8) (b) 1. bm. of the statutes is created to read:
170.12
(8)
(b) 1. bm. The department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions under s. 108.227. An applicant whose renewal application is denied under this subd. 1. bm. is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to any other hearing under this section.
Section
133
.
170.12 (8) (b) 4. of the statutes is created to read:
170.12
(8)
(b) 4. The board shall revoke a permit issued under this section if the department of workforce development has certified under s. 108.227 that the permit holder is liable for delinquent unemployment insurance contributions under s. 108.227. A permit holder whose permit is revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a hearing under s. 108.227 (5) (a) but is not entitled to any other hearing under this section.
Section
134
.
217.05 (1m) (b) 1. of the statutes is amended to read:
217.05
(1m)
(b) 1. The division may disclose information under par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
135
.
217.06 (5m) of the statutes is created to read:
217.06
(5m)
The applicant has not been certified under s. 108.227 by the department of workforce development to be liable for delinquent unemployment insurance contributions.
Section
136
.
217.09 (1t) of the statutes is created to read:
217.09
(1t)
The division shall revoke any license issued under this chapter if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this chapter.
Section
137
.
217.09 (4) of the statutes is amended to read:
217.09
(4)
The division shall revoke or suspend only the authorization to operate at the location with respect to which grounds for revocation or suspension apply, but if the division finds that such grounds for revocation or suspension apply to more than one location operated by such licensee, then the division shall revoke or suspend all of the authorizations of the licensee to which such grounds apply. Suspensions under sub. (1m) and revocations under sub. (1r)
or (1t)
shall suspend or revoke the authorization to operate at all locations operated by the licensee.
Section
138
.
217.09 (6) of the statutes is amended to read:
217.09
(6)
Except for a license revoked under sub. (1r)
or (1t)
, the division may on its own motion issue a new license when a license has been revoked.
Section
139
.
218.0114 (21e) (a) of the statutes is amended to read:
218.0114
(21e)
(a) In addition to any other information required under this section and except as provided in par. (c), an application by an individual for the issuance or renewal of a license described in sub. (14) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in sub. (14) (a), (b), (c) or (e) shall include the person's federal employer identification number. The licensor may not disclose any information received under this paragraph to any person except the department of children and families for purposes of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
140
.
218.0114 (21g) (b) 1. of the statutes is amended to read:
218.0114
(21g)
(b) 1. The licensor may disclose information under par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
141
.
218.0116 (1g) (b) of the statutes is amended to read:
218.0116
(1g)
(b) A license described in s. 218.0114 (14) (a), (b), (c) or (e) shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions
.
Section
142
.
218.0116 (1m) (a) 2m. of the statutes is created to read:
218.0116
(1m)
(a) 2m. The department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose license is denied under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
143
.
218.0116 (1m) (d) of the statutes is created to read:
218.0116
(1m)
(d) A license described in s. 218.0114 (16) shall be revoked if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
144
.
218.02 (2) (a) 2. a. of the statutes is amended to read:
218.02
(2)
(a) 2. a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
145
.
218.02 (3) (dm) of the statutes is created to read:
218.02
(3)
(dm) That the applicant has not been certified under s. 108.227 by the department of workforce development as being liable for delinquent unemployment insurance contributions.
Section
146
.
218.02 (6) (d) of the statutes is created to read:
218.02
(6)
(d) In accordance with s. 108.227, the division shall revoke a license if the department of workforce development has certified under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions.
Section
147
.
218.02 (9) (a) 1m. of the statutes is created to read:
218.02
(9)
(a) 1m. Applications for licenses that are denied, or licenses that are revoked, because the department of workforce development has certified under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions.
Section
148
.
218.04 (3) (a) 2. a. of the statutes is amended to read:
218.04
(3)
(a) 2. a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
149
.
218.04 (4) (am) 2m. of the statutes is created to read:
218.04
(4)
(am) 2m. The department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant for whom a license is not issued or renewed under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
150
.
218.04 (5) (at) of the statutes is created to read:
218.04
(5)
(at) The division shall revoke a license issued under this section if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
151
.
218.04 (5) (b) of the statutes is amended to read:
218.04
(5)
(b) Except as provided in pars. (am)
and (ar)
to (at)
, no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license and this shall be deemed the equivalent of delivering the notice of hearing and complaint to the licensee.
Section
152
.
218.05 (3) (am) 2. a. of the statutes is amended to read:
218.05
(3)
(am) 2. a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
153
.
218.05 (4) (c) 2m. of the statutes is created to read:
218.05
(4)
(c) 2m. The department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application is denied under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
154
.
218.05 (11) (bm) of the statutes is created to read:
218.05
(11)
(bm) The department of workforce development certifies under s. 108.227 that the renewal applicant is liable for delinquent unemployment insurance contributions. An applicant whose application is not renewed under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
155
.
218.05 (12) (at) of the statutes is created to read:
218.05
(12)
(at) The division shall revoke a license under this section if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
156
.
218.05 (12) (b) of the statutes is amended to read:
218.05
(12)
(b) The division may revoke only the particular license with respect to which grounds for revocation may occur or exist, or if the division shall find that such grounds for revocation are of general application to all offices or to more than one office operated by such licensee, the division may revoke all of the licenses issued to such licensee or such number of licenses to which such grounds apply. A revocation under pars. (am)
and (ar)
to (at)
applies to all of the licenses issued to the licensee.
Section
157
.
218.05 (12) (e) of the statutes is amended to read:
218.05
(12)
(e) Except as provided under pars. (am)
and (ar)
to (at)
, no license shall be revoked until the licensee has had notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the division shall within 20 days thereafter, prepare and keep on file with the division, a written order or decision of revocation which shall contain the division's findings with respect thereto and the reasons supporting the revocation and shall send by mail a copy thereof to the licensee at the address set forth in the license within 5 days after the filing with the division of such order, finding or decision.
Section
158
.
218.11 (2) (am) 3. of the statutes is amended to read:
218.11
(2)
(am) 3. The department may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering s. 49.22
or
,
to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
159
.
218.11 (6m) (c) of the statutes is created to read:
218.11
(6m)
(c) The licensor shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
160
.
218.12 (2) (am) 2. of the statutes is amended to read:
218.12
(2)
(am) 2. The department may not disclose a social security number obtained under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22
or
,
to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
161
.
218.12 (3m) (c) of the statutes is created to read:
218.12
(3m)
(c) The licensor shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
162
.
218.21 (2m) (b) of the statutes is amended to read:
218.21
(2m)
(b) The department of transportation may not disclose any information received under sub. (2) (ag) or (am) to any person except to the department of children and families for purposes of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
163
.
218.22 (3m) (c) of the statutes is created to read:
218.22
(3m)
(c) The department of transportation shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
164
.
218.31 (1m) (b) of the statutes is amended to read:
218.31
(1m)
(b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of children and families for purposes of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
165
.
218.32 (3m) (c) of the statutes is created to read:
218.32
(3m)
(c) The department of transportation shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
166
.
218.41 (2) (am) 2. of the statutes is amended to read:
218.41
(2)
(am) 2. The department of transportation may not disclose any information received under subd. 1. a. or b. to any person except to the department of children and families for the sole purpose of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
167
.
218.41 (3m) (b) 3. of the statutes is created to read:
218.41
(3m)
(b) 3. A license shall be suspended or revoked if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
168
.
218.51 (3) (am) 2. of the statutes is amended to read:
218.51
(3)
(am) 2. The department of transportation may not disclose any information received under subd. 1. a. or b. to any person except to the department of children and families for the sole purpose of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
169
.
218.51 (4m) (b) 3. of the statutes is created to read:
218.51
(4m)
(b) 3. A buyer identification card shall be suspended or revoked if the department of workforce development certifies under s. 108.227 that the cardholder is liable for delinquent unemployment insurance contributions. A cardholder whose buyer identification card is suspended or revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
170
.
224.44 of the statutes is created to read:
224.44
Disclosure of financial records for collection of unemployment insurance debt.
(1)
Definitions.
In this section:
(a) "Financial institution" has the meaning given in
12 USC 3401
(1).
(b) "Financial record" has the meaning given in
12 USC 3401
(2).
(2)
Financial record matching agreements.
A financial institution is required to enter into an agreement with the department of workforce development under s. 108.223.
(3)
Limited liability.
A financial institution is not liable for any of the following:
(a) Disclosing a financial record of an individual or other information to the department of workforce development in accordance with an agreement, and its participation in the program, under s. 108.223.
(b) Any other action taken in good faith to comply with s. 108.223.
Section
171
.
224.72 (2) (c) 2. a. of the statutes is amended to read:
224.72
(2)
(c) 2. a. The department may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
172
.
224.72 (7m) (bm) of the statutes is created to read:
224.72
(7m)
(bm) The department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application for issuance or renewal of a license is denied under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
173
.
224.725 (2) (b) 1. a. of the statutes is amended to read:
224.725
(2)
(b) 1. a. The division may disclose the social security number to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
174
.
224.725 (6) (bm) of the statutes is created to read:
224.725
(6)
(bm) The department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application for issuance or renewal of a license is denied under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
175
.
224.77 (2m) (e) of the statutes is created to read:
224.77
(2m)
(e) The division shall revoke the license of a mortgage banker, mortgage loan originator, or mortgage broker if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is revoked under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice, hearing or review under this section.
Section
176
.
224.927 (1) of the statutes is amended to read:
224.927
(1)
The division may disclose the information to the department of revenue for the sole purpose of requesting
certification
certifications
under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
177
.
224.95 (1) (bm) of the statutes is created to read:
224.95
(1)
(bm) The department of workforce development has certified under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to a notice or hearing under sub. (4).
Section
178
.
227.53 (1) (a) 3. of the statutes is amended to read:
227.53
(1)
(a) 3. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59 (6) (b),
108.227 (6),
182.70 (6), and 182.71 (5) (g). If the petitioner is a nonresident, the proceedings shall be held in the county where the property affected by the decision is located or, if no property is affected, in the county where the dispute arose. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.
Section
179
.
252.241 (title) of the statutes is amended to read:
252.241
(title)
Denial, nonrenewal and revocation of license based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
180
.
252.241 (2) of the statutes is amended to read:
252.241
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
181
.
252.241 (5) of the statutes is created to read:
252.241
(5)
The department shall deny an application for the issuance or renewal of a license specified in sub. (1), or shall revoke the license specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the license is liable for delinquent unemployment insurance contributions.
Section
182
.
254.115 (title) of the statutes is amended to read:
254.115
(title)
Denial, nonrenewal and revocation of certification and permit based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
183
.
254.115 (2) of the statutes is amended to read:
254.115
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
184
.
254.115 (5) of the statutes is created to read:
254.115
(5)
The department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in sub. (1), or shall revoke the certification, certification card or permit specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the certification, certification card or permit is liable for delinquent unemployment insurance contributions.
Section
185
.
254.176 (5) of the statutes is amended to read:
254.176
(5)
After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew any certification issued under this section in accordance with the procedures set forth in ch. 227, except that
if a revocation, denial, or nonrenewal is based on tax delinquency under s. 73.0301 or unemployment insurance contribution delinquency under s. 108.227,
the only hearing rights available
for a denial, revocation or nonrenewal of any certification issued under this section based on tax delinquency
are those set forth in s. 73.0301 (5)
or 108.227 (5), whichever is applicable
.
Section
186
.
254.20 (7) of the statutes is amended to read:
254.20
(7)
Appeals.
Any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227, except as provided in s. 250.041 and except that the only hearing rights available for a denial, revocation
,
or nonrenewal of a certification card required under sub. (2) based on tax delinquency
under s. 73.0301 or unemployment insurance contribution delinquency under s. 108.227
are those set forth in s. 73.0301 (5)
or 108.227 (5), whichever is applicable
.
Section
187
.
256.18 (title) of the statutes is amended to read:
256.18
(title)
Denial, nonrenewal
,
and revocation of license, certification
,
or permit based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
188
.
256.18 (2) of the statutes is amended to read:
256.18
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
189
.
256.18 (4m) of the statutes is created to read:
256.18
(4m)
The department shall deny an application for the issuance or renewal of a license, certificate, or permit specified in sub. (1) or shall revoke a license, certificate, or permit specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the license, certificate, or permit is liable for delinquent unemployment insurance contributions.
Section
190
.
256.18 (5) of the statutes is amended to read:
256.18
(5)
An action taken under sub. (3)
or
,
(4)
, or (4m)
is subject to review only as provided under s. 73.0301 (2) (b) and (5)
or 108.227 (5) and (6), whichever is applicable
.
Section
191
.
299.07 (title) of the statutes is amended to read:
299.07
(title)
License denial, nonrenewal
,
and revocation based on
tax delinquency
delinquent taxes or unemployment insurance contributions
.
Section
192
.
299.07 (1) (b) 1. of the statutes is amended to read:
299.07
(1)
(b) 1. To the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
193
.
299.07 (3) of the statutes is created to read:
299.07
(3)
The department shall deny an application for the issuance or renewal of a license, registration, or certification specified in sub. (1) (a), or shall revoke a license, registration, or certification specified in sub. (1) (a), if the department of workforce development certifies under s. 108.227 that the applicant or holder of the license, registration, or certification is liable for delinquent unemployment insurance contributions.
Section
194
.
299.08 (1) (b) 2. of the statutes is amended to read:
299.08
(1)
(b) 2. If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
195
.
341.51 (4g) (b) of the statutes is amended to read:
341.51
(4g)
(b) The department of transportation may not disclose any information obtained under sub. (4) (am) or (ar) to any person except to the department of children and families for the sole purpose of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purposes of enforcing or administering s. 108.22 and requesting certifications under s. 108.227
.
Section
196
.
341.51 (4m) (c) of the statutes is created to read:
341.51
(4m)
(c) A registration shall be suspended of revoked if the department of workforce development certifies under s. 108.227 that the registrant is liable for delinquent unemployment insurance contributions. A registrant whose registration is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
197
.
342.06 (1) (eg) of the statutes is amended to read:
342.06
(1)
(eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering s. 49.22
, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22,
and to the department of revenue for the purposes of administering state taxes and collecting debt.
Section
198
.
343.14 (1) of the statutes is amended to read:
343.14
(1)
Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by all required fees.
Names,
Notwithstanding s. 343.50 (8) (b), names,
addresses, license numbers, and social security numbers obtained by the department under this subsection shall be provided to the department of revenue for the purpose of administering ss. 71.93 and 71.935 and state taxes
and to the department of workforce development for the sole purpose of enforcing or administering s. 108.22
.
Section
199
.
343.14 (2j) of the statutes is amended to read:
343.14
(2j)
Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22,
to the department of workforce development for the sole purpose of enforcing or administering s. 108.22,
to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction.
Section
200
.
343.305 (6) (e) 3. b. of the statutes is amended to read:
343.305
(6)
(e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of children and families for purposes of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
201
.
343.305 (6) (e) 6. of the statutes is created to read:
343.305
(6)
(e) 6. If the licensor is the department of health services, the department of health services shall deny an application for the issuance or renewal of a permit or laboratory approval, or revoke a permit or laboratory approval already issued, if the department of workforce development certifies under s. 108.227 that the applicant or holder of the permit or laboratory approval is liable for delinquent unemployment insurance contributions. An applicant for whom a permit or laboratory approval is not issued or renewed, or an individual or laboratory whose permit or laboratory approval is revoked, under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this subsection.
Section
202
.
343.61 (2) (b) of the statutes is amended to read:
343.61
(2)
(b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of children and families for purposes of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
203
.
343.62 (2) (b) of the statutes is amended to read:
343.62
(2)
(b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22
or
,
the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
.
Section
204
.
343.66 (3m) of the statutes is created to read:
343.66
(3m)
The secretary shall suspend or revoke a driver school license issued under s. 343.61 or an instructor's license issued under s. 343.62, if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose driver school license or instructor's license is suspended or revoked under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this subchapter.
Section
205
.
343.69 (1) of the statutes is amended to read:
343.69
(1)
If the department denies an application for original issuance or renewal of a driver school license or instructor's license, or revokes, suspends, cancels, or restricts any such license, the department shall notify the applicant or licensee in writing of the action by sending notice of the action by registered or certified mail to the last-known address of the licensee or applicant. Any person who is aggrieved by a decision of the department under this subsection may, within 10 days after the date of receiving notice of the department's action, request review of the action by the division of hearings and appeals in the department of administration under ch. 227. This subsection does not apply to denials, cancellations, restrictions, suspensions, or revocations of licenses under s. 343.66 (2)
or
,
(3)
, or (3m)
.
Section
206
.
440.03 (11m) (c) of the statutes is amended to read:
440.03
(11m)
(c) The department of safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes
and the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
207
.
440.12 of the statutes is renumbered 440.12 (intro.) and amended to read:
440.12
Credential denial, nonrenewal and revocation based on tax
or unemployment insurance contribution
delinquency.
(intro.) Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if
the
any of the following applies:
(1)
The
department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes
, as defined in s. 73.0301 (1) (c)
.
Section
208
.
440.12 (2) of the statutes is created to read:
440.12
(2)
The department of workforce development certifies under s. 108.227 that the applicant or credential holder is liable for delinquent unemployment insurance contributions.
Section
209
.
452.18 of the statutes is amended to read:
452.18
Court review.
Except as provided in
s.
ss.
73.0301 (2) (b) 1. a. and 2.
and 108.227 (2) (b) 1. a. and (6)
, orders of the board and department shall be subject to review as provided in ch. 227.
Section
210
.
551.406 (6) (a) 1m. of the statutes is created to read:
551.406
(6)
(a) 1m. The department of workforce development, for the sole purpose of requesting certifications under s. 108.227.
Section
211
.
551.412 (4g) (a) 1. of the statutes is amended to read:
551.412
(4g)
(a) 1. The applicant fails to provide any information required under s. 551.406 (6) (a) 1.
, 1m.,
or 2.
Section
212
.
551.412 (4g) (a) 2m. of the statutes is created to read:
551.412
(4g)
(a) 2m. The department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application for the issuance or renewal of a registration is denied under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a), but is not entitled to any other notice, hearing, or review under this subchapter.
Section
213
.
551.412 (4g) (d) of the statutes is created to read:
551.412
(4g)
(d) The administrator shall revoke a registration if the department of workforce development certifies under s. 108.227 that the registrant is liable for delinquent unemployment insurance contributions. A registrant whose registration is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice, hearing, or review under this subchapter.
Section
214
.
551.605 (2) of the statutes is amended to read:
551.605
(2)
Findings and cooperation.
Under this chapter, except as provided under s. 551.412 (4g) (b)
and
,
(c)
, and (d)
, a rule or form may not be adopted or amended, or an order issued or amended, unless the administrator finds that the rule, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing rules and forms, s. 551.608 applies in order to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption of uniform rules, forms, and procedures.
Section
215
.
562.05 (5) (a) 11. of the statutes is created to read:
562.05
(5)
(a) 11. The person is liable for delinquent unemployment insurance contributions, as certified by the department of workforce development under s. 108.227. Any person for whom a license is not issued under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
216
.
562.05 (8) (f) of the statutes is created to read:
562.05
(8)
(f) The department shall revoke or not renew the license of any person who has been certified by the department of workforce development under s. 108.227 to be liable for delinquent unemployment insurance contributions. Any person for whom a license is revoked or not renewed under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
217
.
562.05 (8m) (a) of the statutes is amended to read:
562.05
(8m)
(a) If the applicant for any license is an individual, the department shall disclose his or her social security number to the department of children and families for the purpose of administering s. 49.22
and
,
to the department of revenue for the purpose of requesting certifications under s. 73.0301
, and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
218
.
562.05 (8m) (b) of the statutes is amended to read:
562.05
(8m)
(b) If the applicant for any license is not an individual, the department shall disclose the person's federal employer identification number to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
219
.
563.285 (title) of the statutes is amended to read:
563.285
(title)
Supplier's license and delinquent taxes
or unemployment insurance contributions
.
Section
220
.
563.285 (1m) of the statutes is created to read:
563.285
(1m)
The department shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions. An applicant for whom a license is not issued or renewed, or a licensee whose license is revoked, under this section for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
Section
221
.
563.285 (2) (a) of the statutes is amended to read:
563.285
(2)
(a) If a licensee or an applicant for any license is an individual, the department shall disclose his or her social security number to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
222
.
563.285 (2) (b) of the statutes is amended to read:
563.285
(2)
(b) If a licensee or an applicant for any license is not an individual, the department shall disclose the person's federal employer identification number to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
223
.
628.095 (4) (b) of the statutes is amended to read:
628.095
(4)
(b) The commissioner may disclose any information received under sub. (1) or (3) to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
224
.
628.097 (title) of the statutes is amended to read:
628.097
(title)
Refusal to issue license; failure to pay support or to comply with subpoena or warrant; tax
or unemployment insurance contribution
delinquency.
Section
225
.
628.097 (2m) of the statutes is amended to read:
628.097
(2m)
For liability for delinquent taxes
or unemployment insurance contributions
.
The commissioner shall refuse to issue a license, including a temporary license, under this subchapter if the department of revenue certifies under s. 73.0301 that the applicant for the license is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant for the license is liable for delinquent unemployment insurance contributions
.
Section
226
.
628.10 (2) (cm) of the statutes is amended to read:
628.10
(2)
(cm)
For liability for delinquent taxes
or unemployment insurance contributions
.
The commissioner shall revoke the license of an intermediary, including a temporary license under s. 628.09, if the department of revenue certifies under s. 73.0301 that the intermediary is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the intermediary is liable for delinquent unemployment insurance contributions
. An intermediary who is a natural person whose license is revoked under this paragraph may have his or her license reinstated, or may be relicensed, as provided in sub. (5).
Section
227
.
632.69 (2) (c) of the statutes is amended to read:
632.69
(2)
(c) The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number or, if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. An applicant who is providing a statement that he or she does not have a social security number, shall provide that statement along with the application for a license on a form prescribed by the department of children and families. A licensee shall provide to the commissioner the licensee's social security number, statement the licensee does not have the social security number, or federal employment identification number of the licensee at the time that the annual license renewal fee is paid, if not previously provided. The commissioner shall disclose a social security number obtained from an applicant or licensee to the department of children and families in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857. The commissioner may disclose the social security number or federal employment identification number of an applicant or licensee to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
228
.
632.69 (2) (d) 2. of the statutes is amended to read:
632.69
(2)
(d) 2. The commissioner shall refuse to issue or renew a license under this subsection if the department of revenue certifies under s. 73.0301 that the applicant for the license or renewal of the license is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant for the license or renewal of the license is liable for delinquent unemployment insurance contributions
.
Section
229
.
632.69 (4) (d) of the statutes is amended to read:
632.69
(4)
(d) The commissioner shall revoke the license of a licensee if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions
.
Section
230
.
633.14 (2c) (b) of the statutes is amended to read:
633.14
(2c)
(b) The commissioner may disclose any information received under sub. (1) (d) or (2) (d) or s. 633.15 (1m) to the department of revenue for the purpose of requesting certifications under s. 73.0301
and to the department of workforce development for the purpose of requesting certifications under s. 108.227
.
Section
231
.
633.14 (2m) (b) of the statutes is amended to read:
633.14
(2m)
(b) Notwithstanding subs. (1) and (2), the commissioner may not issue a license under this section if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions
.
Section
232
.
633.15 (2) (d) of the statutes is amended to read:
633.15
(2)
(d)
For liability for delinquent taxes
or unemployment insurance contributions
.
The commissioner shall revoke or refuse to renew a license issued under s. 633.14 if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes
or if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions
.
Section
233
.
751.155 (title) of the statutes is amended to read:
751.155
(title)
Rules regarding the practice of law; delinquent
taxpayers
taxes and unemployment insurance contributions
.
Section
234
.
751.155 (1) of the statutes is amended to read:
751.155
(1)
The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301
, and the supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 108.227
.
Section
235
.
751.155 (2) of the statutes is amended to read:
751.155
(2)
The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of revenue for the sole purpose of making certifications under s. 73.0301
and the department of workforce development for the sole purpose of making certifications under s. 108.227
.
Section
236
.
751.155 (3) of the statutes is amended to read:
751.155
(3)
The supreme court is requested to promulgate rules that deny an application for a license to practice law or revoke a license to practice law already issued if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2)
or
,
if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301
, or if the department of workforce development certifies that the licensee is liable for delinquent unemployment insurance contributions under s. 108.227
.
[
2011 Wisconsin Act 198
] Section 47m (1) The repeal of sections 20.445 (1) (v), 25.17 (1) (xf), and 108.19 (1s) of the statutes takes effect on January 1,
2014
2034
.
Section
237
.
Nonstatutory provisions.
(1)
The labor and industry review commission shall ensure that the searchable, electronic database required to be maintained under section 108.14 (22) of the statutes, as created by this act, is available for use no later than one year after the effective date of this subsection.
(2)
The department of workforce development shall make the handbook required to be created under section 108.14 (23) of the statutes, as created by this act, available no later than one year after the effective date of this subsection.
(3) The department of workforce development shall initially provide the information to employers required under section 108.14 (24) of the statutes, as created by this act, no later than one year after the effective date of this subsection.
(4)
No later than one year after the effective date of this subsection, the department of workforce development shall conduct a training similar to the training required under section 108.14 (25) (b) of the statutes, as created by this act, for all appeal tribunals, as defined in section 108.14 (25) (a) of the statutes, as created by this act, who were previously employed or appointed to serve as appeal tribunals and who the department of workforce development anticipates will continue to serve as appeal tribunals in the future.
(5)
The department of workforce development shall request funding from the U.S. department of labor to hire additional employees to perform unemployment insurance fraud investigations so as to begin conducting investigations on or after January 5, 2014.
(6m)
The department of workforce development shall request funding from the U.S. department of labor to develop and maintain the portal under section 108.14 (21) of the statutes, as created by this act, so as to have the portal operational on or after January 5, 2014.
Section
238
.
Initial applicability.
(1)
The renumbering of section 50.498 (4) of the statutes, the renumbering and amendment of section 440.12 of the statutes, the amendment of sections 13.63 (1) (b), 13.63 (1) (c), 19.55 (2) (d), 29.024 (2r) (title), 29.024 (2r) (c), 29.024 (2r) (d) 1., 48.66 (2m) (c), 48.715 (7), 50.498 (title), 50.498 (2), 50.498 (5), 51.032 (title), 51.032 (2), 51.032 (4), 51.032 (5), 71.78 (4) (o), 73.0301 (2) (c) 2.,
73.0302 (title),
73.09 (6m), 101.02 (20) (b), 101.02 (20) (c), 101.02 (20) (d), 102.17 (1) (c), 103.005 (10), 103.275 (2) (b) (intro.), 103.275 (7) (b), 103.275 (7) (c), 103.34 (3) (c), 103.34 (10) (title), 103.92 (3), 104.07 (1) and (2), 105.13 (1), 108.10 (intro.) (with respect to license revocations based upon delinquency in payment of unemployment insurance contributions), 115.31 (6m), 118.19 (1m) (a), 118.19 (1m) (b), 138.09 (1m) (b) 2. a., 138.09 (3) (am) 2., 138.09 (4) (c), 138.12 (3) (d) 2. a., 138.12 (5) (am) 1. b., 138.12 (5) (am) 3., 138.14 (4) (a) 2. a., 138.14 (9) (d), 146.40 (4d) (b), 146.40 (4d) (d), 146.40 (4d) (e), 169.35 (title), 169.35 (2), 169.35 (3), 170.12 (3m) (b) 1., 217.05 (1m) (b) 1., 217.09 (4), 217.09 (6), 218.0114 (21e) (a), 218.0114 (21g) (b) 1., 218.0116 (1g) (b), 218.02 (2) (a) 2. a., 218.04 (3) (a) 2. a., 218.04 (5) (b), 218.05 (3) (am) 2. a., 218.05 (12) (b), 218.05 (12) (e), 218.11 (2) (am) 3., 218.12 (2) (am) 2., 218.21 (2m) (b), 218.31 (1m) (b), 218.41 (2) (am) 2., 218.51 (3) (am) 2., 224.72 (2) (c) 2. a., 224.725 (2) (b) 1. a., 224.927 (1), 227.53 (1) (a) 3., 252.241 (title), 252.241 (2), 254.115 (title), 254.115 (2), 254.176 (5), 254.20 (7), 256.18 (title), 256.18 (2), 256.18 (5), 299.07 (title), 299.07 (1) (b) 1., 299.08 (1) (b) 2., 341.51 (4g) (b) (with respect to requesting certifications under section 108.227 of the statutes, as created by this act), 343.305 (6) (e) 3. b., 343.61 (2) (b), 343.62 (2) (b), 343.69 (1), 440.03 (11m) (c), 452.18, 551.412 (4g) (a) 1., 551.605 (2), 562.05 (8m) (a), 562.05 (8m) (b), 563.285 (title), 563.285 (2) (a), 563.285 (2) (b), 628.095 (4) (b), 628.097 (title), 628.097 (2m), 628.10 (2) (cm), 632.69 (2) (c), 632.69 (2) (d) 2., 632.69 (4) (d), 633.14 (2c) (b), 633.14 (2m) (b), 633.15 (2) (d), 751.155 (title), 751.155 (1), 751.155 (2), and 751.155 (3) of the statutes, and the creation of sections 50.498 (4) (b),
73.0302 (5), 73.0302 (6),
73.09 (8), 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), 105.13 (4), 108.227, 138.12 (4) (a) 1m., 138.12 (4) (b) 5m., 138.14 (5) (b) 2m., 138.14 (9) (cm), 170.12 (8) (b) 1. bm., 170.12 (8) (b) 4., 217.06 (5m), 217.09 (1t), 218.0116 (1m) (a) 2m., 218.0116 (1m) (d), 218.02 (3) (dm), 218.02 (6) (d), 218.02 (9) (a) 1m., 218.04 (4) (am) 2m., 218.04 (5) (at), 218.05 (4) (c) 2m., 218.05 (11) (bm), 218.05 (12) (at), 218.11 (6m) (c), 218.12 (3m) (c), 218.22 (3m) (c), 218.32 (3m) (c), 218.41 (3m) (b) 3., 218.51 (4m) (b) 3., 224.72 (7m) (bm), 224.725 (6) (bm), 224.77 (2m) (e), 224.95 (1) (bm), 252.241 (5), 254.115 (5), 256.18 (4m), 299.07 (3), 341.51 (4m) (c), 343.305 (6) (e) 6., 343.66 (3m), 440.12 (2), 551.406 (6) (a) 1m., 551.412 (4g) (a) 2m., 551.412 (4g) (d), 562.05 (5) (a) 11., 562.05 (8) (f), and 563.285 (1m) of the statutes first apply to contributions, as defined in section 108.227 (1) (a) of the statutes, as created by this act, that are delinquent on January 1, 2014.
(2) The treatment of sections 108.02 (4m) (a) and (g) and 108.205 (1) of the statutes first apply with respect to new claims filed on September 29, 2013.
(3)
The treatment of sections 108.02 (15) (kt), 108.07 (8), 108.14 (8n) (e), 108.141 (7) (a), and 108.16 (6m) (a) of the statutes first applies with respect to determinations issued under section 108.10 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.10 of the statutes on January 5, 2014.
(4)
The treatment of section 108.04 (1) (f) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014.
(5) The treatment of sections 108.04 (1) (g) (intro.) and 108.06 (1), (2) (c) and (cm), (3), (6) (intro.) and (7) of the statutes first applies with respect to new claims for extended training benefits filed for the week beginning on December 22, 2013.
(6) The treatment of sections 108.04 (1) (hm) and (i) of the statutes first applies with respect determinations issued under section 108.09 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014.
(7) The treatment of section 108.04 (2) (a) 4. and (15) of the statutes first applies with respect to weeks of unemployment beginning on or after the effective date of this subsection.
(8)
The treatment of sections 108.04 (2) (g) and 108.245 (1) (with respect to actions against claimants) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014.
(9)
The treatment of section 108.04 (2) (h) and (12) (f) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014.
(10) The treatment of section 108.04 (8) (a) and (c) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014.
(10m)
The treatment of sections 108.04 (11) (b) and 108.05 (3) (d) of the statutes first applies with respect to weeks of unemployment beginning on the effective date of this subsection.
(11) The treatment of section 108.05 (2) (c) of the statutes first applies with respect to weeks of unemployment beginning on January 5, 2014.
(11m)
The treatment of section 108.05 (3) (dm) of the statutes first applies with respect to weeks of unemployment beginning on January 5, 2014.
(12) The treatment of sections 108.10 (intro.) (with respect to recovery of erroneous payments), 108.16 (3) (c), (6) (o), and (6m) (h), 108.22 (8) (c) 1.a. and (8e), 108.225 (1) (b), and 108.245 (with respect to recovery of erroneous payments) of the statutes, the renumbering of section 108.02 (10e) (a) and (b) of the statutes, the renumbering and amendment of section 108.02 (10e) (intro.) of the statutes, and the creation of section 108.02 (10e) (bm) of the statutes first apply with respect to determinations issued under sections 108.09 and 108.10 of the statutes on January 5, 2014, or, with respect to determinations that are appealed, to decisions issued under sections 108.09 and 108.10 of the statutes on January 5, 2014.
(13)
The treatment of section 108.16 (8) (b) 4. of the statutes first applies with respect to transfers of businesses occurring after December 31, 2013.
(14) The treatment of section 108.22 (1) (a) of the statutes (with respect to the amount of tardy filing fees) first applies with respect to quarterly wage reports required to be filed for wages earned in 2014.
Section
239
.
Effective dates.
This act takes effect on the first Sunday after the general effective date of the 2013-15 biennial budget act or the first Sunday after publication of this act, whichever is later, except as follows:
(1m)
The repeal of section 20.445 (1) (am) of the statutes takes effect July 1, 2015.
(2)
The treatment of section 108.14 (19) and (20) of the statutes takes effect on January 5, 2014, or on the first Sunday after publication, whichever is later.
(4)
The treatment of sections 108.223 and 224.44 of the statutes takes effect on January 1, 2014, or on the day after publication, whichever is later.
