AB150: Bill Text Engrossed

AB150-engrossed, s. 4137m Section 4137m. 125.62 (2) of the statutes is amended to read:

AB150-engrossed,1480,23 125.62 (2) Industrial alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-engrossed, s. 4138m Section 4138m. 125.62 (4) of the statutes is repealed.

AB150-engrossed, s. 4139m Section 4139m. 125.63 (2) of the statutes is amended to read:

AB150-engrossed,1481,5 125.63 (2) Industrial wine permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-engrossed, s. 4140m Section 4140m. 125.63 (4) of the statutes is repealed.

AB150-engrossed, s. 4141m Section 4141m. 125.65 (2) of the statutes is amended to read:

AB150-engrossed,1481,10 125.65 (2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5) (a) 1. and (b) and who is at least 18 years of age.

AB150-engrossed, s. 4142m Section 4142m. 125.65 (5) of the statutes is repealed.

AB150-engrossed, s. 4143b Section 4143b. 125.66 (4) of the statutes is created to read:

AB150-engrossed,1481,15 125.66 (4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" licensee who sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than $100.

AB150-engrossed, s. 4143g Section 4143g. 125.69 (6) of the statutes is amended to read:

AB150-engrossed,1481,20 125.69 (6) Campuses and retailers to purchase from persons holding permits. (a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

AB150-engrossed,1482,2 (b) Any person who violates this subsection may par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000 or imprisoned for not more than 9 months or both.

AB150-engrossed, s. 4143m Section 4143m. 125.69 (6) (c) of the statutes is created to read:

AB150-engrossed,1482,7 125.69 (6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" licensee for resale may be fined not more than $100.

AB150-engrossed, s. 4144 Section 4144. 132.13 (2) of the statutes is amended to read:

AB150-engrossed,1482,14 132.13 (2) It shall be the duty of the department of industry, labor and human relations and of the district attorneys of the several counties to enforce this section, whenever any complaint or other evidence leads them to reasonably believe that this section has been violated. The district attorney shall upon receipt of such complaint or other evidence at once institute proper legal proceedings to compel compliance therewith.

AB150-engrossed, s. 4145b Section 4145b. 133.12 of the statutes is amended to read:

AB150-engrossed,1483,3 133.12 Domestic and foreign corporations and limited liability companies; cancellation of charters or certificates of authority for restraining trade; affidavit. Any corporation or limited liability company organized under the laws of this state or foreign corporation or foreign limited liability company authorized to transact business in this state pursuant to a certificate of authority from the secretary of state department of financial institutions which violates any provision of this chapter, may, upon proof thereof, in any circuit court have its charter or authority to transact business in this state suspended, canceled or annulled. Every corporation or limited liability company shall, in its annual report filed with the secretary of state department of financial institutions, show whether it has entered into any contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce. The department of justice shall enforce this section.

AB150-engrossed, s. 4146 Section 4146. 133.16 of the statutes is amended to read:

AB150-engrossed,1484,6 133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. Where The party commencing or maintaining the action or proceeding is brought and maintained by a private party, that party may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the costs of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). All of the money deposited in the general fund that was awarded under this section to remedy the harmful effects of the violation shall be credited to the appropriation account under s. 20.455 (1) (gm). Copies of all pleadings filed under this section shall be served on the department of justice.

AB150-engrossed, s. 4146e Section 4146e. 134.22 (4) (intro.) of the statutes is amended to read:

AB150-engrossed,1484,12 134.22 (4) (intro.)  The department of justice agriculture, trade and consumer protection shall investigate violations of this section. The department of justice agriculture, trade and consumer protection, or any district attorney, upon informing the department of justice agriculture, trade and consumer protection, may, on behalf of the state, do any of the following:

AB150-engrossed, s. 4146m Section 4146m. 134.22 (4) (a) of the statutes is amended to read:

AB150-engrossed,1484,21 134.22 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice agriculture, trade and consumer protection or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

AB150-engrossed, s. 4146s Section 4146s. 134.42 (4) (b) of the statutes is amended to read:

AB150-engrossed,1484,25 134.42 (4) (b) The attorney general department of agriculture, trade and consumer protection and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

AB150-engrossed, s. 4147b Section 4147b. 134.45 (3) (b) of the statutes is amended to read:

AB150-engrossed,1485,7 134.45 (3) (b) A domestic or foreign corporation, association or limited liability company exercising any of the powers, franchises or functions of a business entity in this state that violates any provision of this section, shall not have the right of, and shall be prohibited from, doing business in this state, and the secretary of state department of financial institutions shall revoke its certificate to do business in this state.

AB150-engrossed, s. 4148b Section 4148b. 134.68 (5) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,1485,14 134.68 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice agriculture, trade and consumer protection in an amount not less than $25,000:

AB150-engrossed, s. 4148d Section 4148d. 134.68 (5) (b) of the statutes is amended to read:

AB150-engrossed,1485,22 134.68 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

AB150-engrossed, s. 4148e Section 4148e. 134.68 (7) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,1485,25 134.68 (7) (a) (intro.) The department of justice agriculture, trade and consumer protection or any district attorney may on behalf of the state:

AB150-engrossed, s. 4148f Section 4148f. 134.68 (7) (b) of the statutes is amended to read:

AB150-engrossed,1486,5 134.68 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).

AB150-engrossed, s. 4148h Section 4148h. 134.70 (13) (b) 1. (intro.) of the statutes is amended to read:

AB150-engrossed,1486,13 134.70 (13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish proof of financial responsibility required under par. (a) by maintaining an established escrow account approved by the department of justice agriculture, trade and consumer protection for all amounts received from buyers in advance of the receipt of services or by maintaining any of the following commitments approved by the department of justice agriculture, trade and consumer protection in an amount not less than $25,000, subject to subd. 2.:

AB150-engrossed, s. 4148j Section 4148j. 134.70 (13) (b) 2. of the statutes is amended to read:

AB150-engrossed,1486,20 134.70 (13) (b) 2. The commitment described in subd. 1. shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under sub. (11) (a). The center shall file with the department of justice agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the center or any relevant 3rd party, or both.

AB150-engrossed, s. 4148L Section 4148L. 134.70 (13) (b) 3. of the statutes is amended to read:

AB150-engrossed,1487,9 134.70 (13) (b) 3. For 6 or more weight reduction centers owned or operated under the same trade name, the amount of the financial commitment under pars. (a) and (b) for those weight reduction centers is not required to exceed a total of $150,000. For a weight reduction center that submits to the department of justice agriculture, trade and consumer protection evidence satisfactory to the department of justice that the weight reduction center collected a total of $50,000 or more but less than $100,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $10,000. For a weight reduction center that submits to the department of justice evidence satisfactory to the department of justice that the weight reduction center collected less than a total of $50,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $5,000.

AB150-engrossed, s. 4148m Section 4148m. 134.70 (15) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,1487,14 134.70 (15) (a) (intro.) The department of agriculture, trade and consumer protection and the department of justice shall cooperatively investigate violations of this section or s. 134.705 (2) or (4). The department of justice agriculture, trade and consumer protection may on behalf of the state:

AB150-engrossed, s. 4148n Section 4148n. 134.70 (15) (am) of the statutes is amended to read:

AB150-engrossed,1487,19 134.70 (15) (am) The department of justice agriculture, trade and consumer protection may bring an action in circuit court to recover on a financial commitment maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under sub. (11) (a).

AB150-engrossed, s. 4148p Section 4148p. 134.71 (12) of the statutes is amended to read:

AB150-engrossed,1488,2 134.71 (12) Applications and forms. The department of justice agriculture, trade and consumer protection shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of justice shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.

AB150-engrossed, s. 4148q Section 4148q. 134.74 (7) (b) of the statutes is amended to read:

AB150-engrossed,1488,8 134.74 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both. A person intentionally violates this section if the violation occurs after the department of justice agriculture, trade and consumer protection or a district attorney has notified the person by certified mail that the person is in violation of this section.

AB150-engrossed, s. 4148r Section 4148r. 134.74 (8) (intro.) of the statutes is amended to read:

AB150-engrossed,1488,13 134.74 (8) Enforcement. (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of this section. The department of justice agriculture, trade and consumer protection or any district attorney may on behalf of the state:

AB150-engrossed, s. 4148s Section 4148s. 134.83 (5) (intro.) of the statutes is amended to read:

AB150-engrossed,1488,16 134.83 (5) (intro.) The department of justice agriculture, trade and consumer protection or any district attorney may on behalf of the state:

AB150-engrossed, s. 4148t Section 4148t. 134.83 (6) of the statutes is amended to read:

AB150-engrossed,1488,20 134.83 (6) The department of justice and the department of agriculture, trade and consumer protection shall cooperate in the investigation of investigate violations of and the enforcement of enforce this section.

AB150-engrossed, s. 4148u Section 4148u. 134.85 (3) (a) of the statutes is amended to read:

AB150-engrossed,1489,2 134.85 (3) (a) The department of justice agriculture, trade and consumer protection on behalf of the state or any person who claims injury as a result of a violation of sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.

AB150-engrossed, s. 4148v Section 4148v. 136.03 (title) and (1) (intro.) of the statutes are amended to read:

AB150-engrossed,1489,10 136.03 (title) Duties of the department of justice agriculture, trade and consumer protection. (1) (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department may in behalf of the state:

AB150-engrossed, s. 4149 Section 4149. 138.052 (5) (am) 2. a. of the statutes, as created by 1993 Wisconsin Act 68, is amended to read:

AB150-engrossed,1489,20 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the commissioner division of banking for banks, the commissioner division of savings and loan for savings and loan associations and savings banks, and the commissioner office of credit unions for credit unions shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the commissioner's division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.

AB150-engrossed, s. 4150 Section 4150. 138.052 (5) (am) 2. b. of the statutes, as created by 1993 Wisconsin Act 68, is amended to read:

AB150-engrossed,1490,3 138.052 (5) (am) 2. b. Each commissioner The office of credit unions shall report the rate calculated to the commissioner division of savings and loan within 5 days after the date on which the determination is made. The commissioner division of savings and loan shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.

AB150-engrossed, s. 4151b Section 4151b. 138.055 (4) (a) of the statutes is amended to read:

AB150-engrossed,1490,6 138.055 (4) (a) The commissioner division of savings and loan, if the lender is a savings and loan association or savings bank;

AB150-engrossed, s. 4152 Section 4152. 138.055 (4) (b) of the statutes is amended to read:

AB150-engrossed,1490,9 138.055 (4) (b) The commissioner office of credit unions, if the lender is a credit union;

AB150-engrossed, s. 4153 Section 4153. 138.055 (4) (d) of the statutes is amended to read:

AB150-engrossed,1490,11 138.055 (4) (d) The commissioner division of banking for all other lenders.

AB150-engrossed, s. 4154b Section 4154b. 138.056 (1) (a) 4. a. of the statutes is amended to read:

AB150-engrossed,1490,14 138.056 (1) (a) 4. a. The commissioner division of savings and loan, if the lender is a savings and loan association or savings bank;

AB150-engrossed, s. 4155 Section 4155. 138.056 (1) (a) 4. b. of the statutes is amended to read:

AB150-engrossed,1490,17 138.056 (1) (a) 4. b. The commissioner office of credit unions, if the lender is a credit union;

AB150-engrossed, s. 4156 Section 4156. 138.056 (1) (a) 4. d. of the statutes is amended to read:

AB150-engrossed,1490,19 138.056 (1) (a) 4. d. The commissioner division of banking for all other lenders.

AB150-engrossed, s. 4157 Section 4157. 138.09 (1) of the statutes is amended to read:

AB150-engrossed,1491,7 138.09 (1) Before any person may do business under this section or charge the interest authorized by sub. (7) and before any creditor other than a bank, savings bank, savings and loan association or credit union may assess a finance charge on a consumer loan in excess of 18% per annum, such year, that person shall first obtain a license from the commissioner of banking. Applications for such a license shall be in writing and upon forms provided for this purpose by the commissioner. Every such An applicant at the time of making such an application shall pay to the commissioner a nonrefundable $300 fee of $100 for investigating the application and the sum of $200 as an a $500 annual license fee for the period terminating on the last day of the current calendar year. If the cost of the investigation exceeds $100 $300, the applicant shall upon demand of the commissioner pay to the commissioner the amount by which the cost of the investigation exceeds the $100 nonrefundable fee.

AB150-engrossed, s. 4158 Section 4158. 138.09 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 138.09 (1m) and amended to read:

AB150-engrossed,1491,21 138.09 (1m) Before any person may do business under this section or charge the interest authorized by sub. (7) and before any creditor other than a bank, savings bank, savings and loan association or credit union may assess a finance charge on a consumer loan in excess of 18% per year, that person shall first obtain a license from the commissioner of banking division. Applications for a license shall be in writing and upon forms provided for this purpose by the commissioner division. An applicant at the time of making an application shall pay to the commissioner division a nonrefundable $300 fee for investigating the application and a $500 annual license fee for the period terminating on the last day of the current calendar year. If the cost of the investigation exceeds $300, the applicant shall upon demand of the commissioner division pay to the commissioner division the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150-engrossed, s. 4159 Section 4159. 138.09 (1d) of the statutes is created to read:

AB150-engrossed,1491,23 138.09 (1d) In this section, "division" means the division of banking.

AB150-engrossed, s. 4160 Section 4160. 138.09 (2) of the statutes is amended to read:

AB150-engrossed,1492,12 138.09 (2) The commissioner division may also require the applicant to file with the commissioner division, and to maintain in force, a bond in which the applicant shall be the obligor, in a sum not to exceed $5,000 with one or more corporate sureties licensed to do business in Wisconsin, whose liability as such sureties shall not exceed the sum of $5,000 in the aggregate, to be approved by the commissioner division, and such bond shall run to the state of Wisconsin for the use of the state and of any person or persons who may have a cause of action against the obligor of the bond under the provisions of this section. Such bonds shall be conditioned that the obligor will conform to and abide by each and every provision of this section, and will pay to the state or to any person or persons any and all moneys that may become due or owing to the state or to such person or persons from the obligor under and by virtue of the provisions of this chapter.

AB150-engrossed, s. 4161 Section 4161. 138.09 (3) (a) of the statutes is amended to read:

AB150-engrossed,1492,23 138.09 (3) (a) Upon the filing of such application and the payment of such fee, the commissioner division shall investigate the relevant facts, and if the commissioner division shall find that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the commissioner division shall thereupon issue a license to said applicant to make loans in accordance with the provisions of this section. If the commissioner division shall not so find, he or she the division shall deny such application.

AB150-engrossed, s. 4162 Section 4162. 138.09 (3) (b) of the statutes is amended to read: