AB150-engrossed,1483,3
16133.12 Domestic and foreign corporations and limited liability
17companies; cancellation of charters or certificates of authority for
18restraining trade; affidavit. Any corporation or limited liability company
19organized under the laws of this state or foreign corporation or foreign limited
20liability company authorized to transact business in this state pursuant to a
21certificate of authority from the
secretary of state
department of financial
22institutions which violates any provision of this chapter, may, upon proof thereof, in
23any circuit court have its charter or authority to transact business in this state
24suspended, canceled or annulled. Every corporation or limited liability company
25shall, in its annual report filed with the
secretary of state department of financial
1institutions, show whether it has entered into any contract, combination in the form
2of trust or otherwise, or conspiracy in restraint of trade or commerce. The
3department of justice shall enforce this section.
AB150-engrossed,1484,6
5133.16 Injunction; pleading; practice. Any circuit court may prevent or
6restrain, by injunction or otherwise, any violation of this chapter. The department
7of justice, any district attorney or any person by complaint may institute actions or
8proceedings to prevent or restrain a violation of this chapter, setting forth the cause
9and grounds for the intervention of the court and praying that such violation,
10whether intended or continuing be enjoined or prohibited. When the parties
11informed against or complained of have been served with a copy of the information
12or complaint and cited to answer it, the court shall proceed, as soon as may be in
13accordance with its rules, to the hearing and determination of the case; and pending
14the filing of the answer to such information or complaint may, at any time, upon
15proper notice, make such temporary restraining order or prohibition as is just.
16Whenever it appears to the court that the ends of justice require that other persons
17be made parties to the action or proceeding the court may cause them to be made
18parties in such manner as it directs.
Where The party commencing or maintaining 19the action or proceeding
is brought and maintained by a private party, that party may
20demand and recover the cost of suit including reasonable attorney fees.
In an action
21commenced by the department of justice, the court may award the department of
22justice the costs of investigation and an amount reasonably necessary to remedy the
23harmful effects of the violation. The department of justice shall deposit in the state
24treasury for deposit in the general fund all moneys that the court awards to the
25department or the state under this section. Ten percent of the money deposited in
1the general fund that was awarded under this section for the costs of investigation
2and the costs of suit, including attorney fees, shall be credited to the appropriation
3account under s. 20.455 (1) (gh). All of the money deposited in the general fund that
4was awarded under this section to remedy the harmful effects of the violation shall
5be credited to the appropriation account under s. 20.455 (1) (gm). Copies of all
6pleadings filed under this section shall be served on the department of justice.
AB150-engrossed,1484,128
134.22
(4) (intro.) The department of
justice agriculture, trade and consumer
9protection shall investigate violations of this section. The department of
justice 10agriculture, trade and consumer protection, or any district attorney
, upon informing
11the department of
justice agriculture, trade and consumer protection, may, on behalf
12of the state, do any of the following:
AB150-engrossed,1484,2114
134.22
(4) (a) Bring an action for temporary or permanent injunctive relief in
15any court of competent jurisdiction for any violation of this section. The relief sought
16by the department of
justice agriculture, trade and consumer protection or district
17attorney may include the payment by a promoter into an escrow account of an
18amount estimated to be sufficient to pay for ticket refunds. The court may, upon
19entry of final judgment, award restitution when appropriate to any person suffering
20loss because of violations of this section if proof of such loss is submitted to the
21satisfaction of the court.
AB150-engrossed,1484,2523
134.42
(4) (b) The
attorney general
department of agriculture, trade and
24consumer protection and the district attorneys of this state have concurrent
25authority to institute civil proceedings under this section.
AB150-engrossed,1485,72
134.45
(3) (b) A domestic or foreign corporation, association or limited liability
3company exercising any of the powers, franchises or functions of a business entity
4in this state that violates any provision of this section, shall not have the right of, and
5shall be prohibited from, doing business in this state, and the
secretary of state 6department of financial institutions shall revoke its certificate to do business in this
7state.
AB150-engrossed,1485,149
134.68
(5) (a) (intro.) No person may collect or by contract require a buyer to
10pay more than $100 for dating services before the buyer receives or has the
11opportunity to receive those services unless the person selling dating services
12establishes proof of financial responsibility by maintaining any of the following
13commitments approved by the department of
justice
agriculture, trade and
14consumer protection in an amount not less than $25,000:
AB150-engrossed,1485,2216
134.68
(5) (b) The commitment described in par. (a) shall be established in favor
17of or made payable to the state, for the benefit of any buyer who does not receive a
18refund under the contractual provision described in sub. (3). The person selling
19dating services shall file with the department of
justice agriculture, trade and
20consumer protection any agreement, instrument or other document necessary to
21enforce the commitment against the person selling dating services or any relevant
223rd party, or both.
AB150-engrossed,1485,2524
134.68
(7) (a) (intro.) The department of
justice agriculture, trade and
25consumer protection or any district attorney may on behalf of the state:
AB150-engrossed,1486,52
134.68
(7) (b) The department
of justice may bring an action in circuit court to
3recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).
AB150-engrossed,1486,137
134.70
(13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish
8proof of financial responsibility required under par. (a) by maintaining an
9established escrow account approved by the department of
justice agriculture, trade
10and consumer protection for all amounts received from buyers in advance of the
11receipt of services or by maintaining any of the following commitments approved by
12the department of
justice agriculture, trade and consumer protection in an amount
13not less than $25,000, subject to subd. 2.:
AB150-engrossed,1486,2015
134.70
(13) (b) 2. The commitment described in subd. 1. shall be established
16in favor of or made payable to the state, for the benefit of any buyer who does not
17receive a refund under sub. (11) (a). The center shall file with the department of
18justice agriculture, trade and consumer protection any agreement, instrument or
19other document necessary to enforce the commitment against the center or any
20relevant 3rd party, or both.
AB150-engrossed,1487,922
134.70
(13) (b) 3. For 6 or more weight reduction centers owned or operated
23under the same trade name, the amount of the financial commitment under pars. (a)
24and (b) for those weight reduction centers is not required to exceed a total of
25$150,000. For a weight reduction center that submits to the department of
justice
1agriculture, trade and consumer protection evidence satisfactory to the department
2of justice that the weight reduction center collected a total of $50,000 or more but less
3than $100,000 from buyers of its center services in the previous calendar year, the
4amount of the financial commitment under pars. (a) and (b) is not required to exceed
5$10,000. For a weight reduction center that submits to the department
of justice 6evidence satisfactory to the department
of justice that the weight reduction center
7collected less than a total of $50,000 from buyers of its center services in the previous
8calendar year, the amount of the financial commitment under pars. (a) and (b) is not
9required to exceed $5,000.
AB150-engrossed,1487,1411
134.70
(15) (a) (intro.) The department of agriculture, trade and consumer
12protection
and the department of justice shall
cooperatively investigate violations of
13this section or s. 134.705 (2) or (4). The department of
justice agriculture, trade and
14consumer protection may on behalf of the state:
AB150-engrossed,1487,1916
134.70
(15) (am) The department of
justice agriculture, trade and consumer
17protection may bring an action in circuit court to recover on a financial commitment
18maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf
19of any buyer who does not receive a refund due under sub. (11) (a).
AB150-engrossed,1488,221
134.71
(12) Applications and forms. The department of
justice agriculture,
22trade and consumer protection shall develop applications and other forms required
23under subs. (5) (intro.) and (8) (c). The department
of justice shall print a sufficient
24number of applications and forms to provide to counties and municipalities for
1distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
2dealers at no cost.
AB150-engrossed,1488,84
134.74
(7) (b) Whoever intentionally violates this section may be fined not more
5than $10,000 or imprisoned for not more than 2 years or both. A person intentionally
6violates this section if the violation occurs after the department of
justice agriculture,
7trade and consumer protection or a district attorney has notified the person by
8certified mail that the person is in violation of this section.
AB150-engrossed,1488,1310
134.74
(8) Enforcement. (intro.) The department of
justice agriculture, trade
11and consumer protection shall investigate violations of this section. The department
12of
justice agriculture, trade and consumer protection or any district attorney may on
13behalf of the state:
AB150-engrossed,1488,1615
134.83
(5) (intro.) The department of
justice agriculture, trade and consumer
16protection or any district attorney may on behalf of the state:
AB150-engrossed,1488,2018
134.83
(6) The department of
justice and the department of agriculture, trade
19and consumer protection shall
cooperate in the investigation of investigate violations
20of and
the enforcement of enforce this section.
AB150-engrossed,1489,222
134.85
(3) (a) The department of
justice agriculture, trade and consumer
23protection on behalf of the state or any person who claims injury as a result of a
24violation of sub. (2) may bring an action for temporary or permanent injunctive relief
1in any circuit court. It is no defense to an action under this paragraph that an
2adequate remedy exists at law.
AB150-engrossed,1489,10
5136.03 (title)
Duties of the department of justice agriculture, trade and
6consumer protection. (1) (intro.) The department of
justice agriculture, trade and
7consumer protection shall investigate violations of this chapter and of rules and
8orders issued under s. 136.04. The department may subpoena persons and records
9to facilitate its investigations, and may enforce compliance with such subpoenas as
10provided in s. 885.12. The department may in behalf of the state:
AB150-engrossed,1489,2013
138.052
(5) (am) 2. a. On January 1, 1994, and annually thereafter, the
14commissioner division of banking for banks, the
commissioner division of savings
15and loan for savings and loan associations and savings banks
, and the
commissioner 16office of credit unions for credit unions shall determine the interest rate that is the
17average of the interest rates paid, rounded to the nearest one-hundredth of a
18percent, on regular passbook deposit accounts by institutions under the
19commissioner's division's or office's jurisdiction at the close of the last quarterly
20reporting period that ended at least 30 days before the determination is made.
AB150-engrossed,1490,323
138.052
(5) (am) 2. b.
Each commissioner The office of credit unions shall report
24the rate calculated to the
commissioner division of savings and loan within 5 days
25after the date on which the determination is made. The
commissioner division of
1savings and loan shall calculate the average, rounded to the nearest one-hundredth
2of a percent, of the 3 rates and report that interest rate to the revisor of statutes
3within 5 days after the date on which the determination is made.
AB150-engrossed,1490,65
138.055
(4) (a) The
commissioner
division of savings and loan, if the lender is
6a savings and loan association or savings bank;
AB150-engrossed,1490,98
138.055
(4) (b) The
commissioner
office of credit unions, if the lender is a credit
9union;
AB150-engrossed,1490,1111
138.055
(4) (d) The
commissioner
division of banking for all other lenders.
AB150-engrossed,1490,1413
138.056
(1) (a) 4. a. The
commissioner
division of savings and loan, if the lender
14is a savings and loan association or savings bank;
AB150-engrossed,1490,1716
138.056
(1) (a) 4. b. The
commissioner
office of credit unions, if the lender is a
17credit union;
AB150-engrossed,1490,1919
138.056
(1) (a) 4. d. The
commissioner
division of banking for all other lenders.
AB150-engrossed,1491,721
138.09
(1) Before any person may do business under this section or charge the
22interest authorized by sub. (7) and before any creditor other than a bank, savings
23bank, savings and loan association or credit union may assess a finance charge on
24a consumer loan in excess of 18% per
annum, such
year, that person shall first obtain
25a license from the commissioner of banking. Applications for
such a license shall be
1in writing and upon forms provided for this purpose by the commissioner.
Every such 2An applicant at the time of making
such an application shall pay to the commissioner
3a
nonrefundable $300 fee
of $100 for investigating the application and
the sum of
4$200 as an a $500 annual license fee for the period terminating on the last day of the
5current calendar year. If the cost of the investigation exceeds
$100 $300, the
6applicant shall upon demand of the commissioner pay to the commissioner the
7amount by which the cost of the investigation exceeds the
$100 nonrefundable fee.
AB150-engrossed, s. 4158
8Section
4158. 138.09 (1) of the statutes, as affected by 1995 Wisconsin Act ....
9(this act), is renumbered 138.09 (1m) and amended to read:
AB150-engrossed,1491,2110
138.09
(1m) Before any person may do business under this section or charge
11the interest authorized by sub. (7) and before any creditor other than a bank, savings
12bank, savings and loan association or credit union may assess a finance charge on
13a consumer loan in excess of 18% per year, that person shall first obtain a license from
14the
commissioner of banking division. Applications for a license shall be in writing
15and upon forms provided for this purpose by the
commissioner division. An
applicant
16at the time of making an application shall pay to the
commissioner division a
17nonrefundable $300 fee for investigating the application and a $500 annual license
18fee for the period terminating on the last day of the current calendar year. If the cost
19of the investigation exceeds $300, the applicant shall upon demand of the
20commissioner division pay to the
commissioner division the amount by which the
21cost of the investigation exceeds the nonrefundable fee.
AB150-engrossed,1491,2323
138.09
(1d) In this section, "division" means the division of banking.
AB150-engrossed,1492,12
1138.09
(2) The
commissioner
division may also require the applicant to file
2with the
commissioner division, and to maintain in force, a bond in which the
3applicant shall be the obligor, in a sum not to exceed $5,000 with one or more
4corporate sureties licensed to do business in Wisconsin, whose liability as such
5sureties shall not exceed the sum of $5,000 in the aggregate, to be approved by the
6commissioner division, and such bond shall run to the state of Wisconsin for the use
7of the state and of any person or persons who may have a cause of action against the
8obligor of the bond under the provisions of this section. Such bonds shall be
9conditioned that the obligor will conform to and abide by each and every provision
10of this section, and will pay to the state or to any person or persons any and all moneys
11that may become due or owing to the state or to such person or persons from the
12obligor under and by virtue of the provisions of this chapter.
AB150-engrossed,1492,2314
138.09
(3) (a) Upon the filing of such application and the payment of such fee,
15the
commissioner division shall investigate the relevant facts, and if the
16commissioner division shall find that the character and general fitness and the
17financial responsibility of the applicant, and the members thereof if the applicant is
18a partnership, limited liability company or association, and the officers and directors
19thereof if the applicant is a corporation, warrant the belief that the business will be
20operated in compliance with this section the
commissioner division shall thereupon
21issue a license to said applicant to make loans in accordance with the provisions of
22this section. If the
commissioner division shall not so find,
he or she the division shall
23deny such application.
AB150-engrossed,1493,4
1138.09
(3) (b) Every license shall remain in force and effect until suspended or
2revoked in accordance with this section or surrendered by the licensee, and every
3licensee shall, on or before each December 10, pay to the
commissioner division the
4annual license fee for the next succeeding calendar year.
AB150-engrossed,1493,116
138.09
(3) (c) Such license shall not be assignable and shall permit operation
7under it only at or from the location specified in the license at which location all loans
8shall be consummated, but this provision shall not prevent the licensee from making
9loans under this section which are not initiated or consummated by face to face
10contact away from the licensed location if permitted by the
commissioner division in
11writing or by rule or at an auction sale conducted or clerked by a licensee.
AB150-engrossed,1493,2013
138.09
(3) (d) A separate license shall be required for each place of business
14maintained by the licensee. Whenever a licensee shall change the address of its place
15of business to another location within the same city, village or town the licensee shall
16at once give written notice thereof to the
commissioner, who division, which shall
17replace the original license with an amended license showing the new address,
18provided the location meets with the requirements of par. (e). No change in the place
19of business of a licensee to a different city, village or town shall be permitted under
20the same license.
AB150-engrossed,1494,722
138.09
(3) (e) A licensee may conduct, and permit others to conduct, at the
23location specified in its license, any one or more of the following businesses not
24subject to this section: A business engaged in making loans for business or
25agricultural purposes or exceeding $25,000 in principal amount except that all such
1loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a
2business engaged in making first lien real estate mortgage loans under ss. 138.051
3to 138.06, a loan, finance or discount business under s. 218.01, or an insurance
4business, or a currency exchange under s. 218.05, or a seller of checks business under
5ch. 217; but merchandise shall not be sold at such location; and no other business
6shall be conducted at such location unless written authorization is granted the
7licensee by the
commissioner division.
AB150-engrossed,1494,199
138.09
(3) (f) Every licensee shall make an annual report to the
commissioner 10division for each calendar year on or before March 15 of the following year. Such
11report shall cover business transacted by the licensee under the provisions of this
12section and shall give such reasonable and relevant information as the
commissioner 13division may require. Such reports shall be made upon blanks furnished by the
14commissioner division and shall be signed and verified by the oath or affirmation of
15the licensee if an individual, one of the partners if a partnership, a member or
16manager if a limited liability company or an officer of the corporation or association
17if a corporation or association. Any licensee operating under this section shall keep
18the records affecting loans made pursuant to this section separate and distinct from
19the records of any other business of such licensee.
AB150-engrossed,1495,721
138.09
(4) (intro.) The
commissioner
division for the purpose of discovering
22violations of this chapter may cause an investigation to be made of the business of
23the licensee transacted under this section, and shall cause an investigation to be
24made of convictions reported to the
commissioner
division by any district attorney
25for violation by a licensee of this chapter. The place of business, books of account,
1papers, records, safes and vaults of said licensee shall be open to inspection and
2examination by the
commissioner or the commissioner's representative division for
3the purpose of such investigation and the
commissioner
division may examine under
4oath all persons whose testimony the
commissioner
division may require relative to
5said investigation. The
commissioner division may, upon notice to the licensee and
6reasonable opportunity to be heard, suspend or revoke such license after such
7hearing if:
AB150-engrossed,1495,119
138.09
(4) (a) The licensee has violated any provision of this chapter and if the
10commissioner division determines such violation justifies the suspension or
11revocation of the license;
AB150-engrossed,1495,1513
138.09
(4) (b) Any fact or condition exists which, if it had existed at the time
14of the original application for such license, would have warranted the
commissioner 15division in refusing to issue such license; and
AB150-engrossed,1496,617
138.09
(4a) Any licensee and any other person aggrieved by any order of the
18commissioner division has the right to appeal to the board of review under this
19section, provided a written notice of appeal is served upon the
commissioner division 20and upon the chairperson or secretary of the consumer credit review board under s.
21220.037 within 10 days from the date of the
commissioner's division's order. Upon
22service of a written notice of appeal as herein provided the review board shall hold
23a hearing within a reasonable time thereafter. The review board shall give the
24parties a written notice of the time and place said hearing will be held. The cost of
25any investigation or examination or hearing, including witness fees or any other
1expenses, conducted by the
commissioner
division or the review board shall be paid
2by the licensee so examined or by the appellant within 30 days after demand therefor
3by the
commissioner division, and the state may maintain an action for the recovery
4of such costs and expenses in any court of competent jurisdiction, except that no cost
5shall be charged an appellant by the review board unless the board sustains the
6commissioner division.
AB150-engrossed,1496,138
138.09
(6) (a) Except as provided in par. (b), the licensee shall keep such books
9and records in the licensee's place of business as in the opinion of the
commissioner
10of banking division will enable the
commissioner division to determine whether the
11provisions of this chapter are being observed. Every such licensee shall preserve the
12records of final entry used in such business, including cards used in the card system,
13if any, for a period of at least 2 years after the making of any loan recorded therein.