AB150, s. 4147 23Section 4147. 134.45 (3) (b) of the statutes is amended to read:
AB150,1443,324 134.45 (3) (b) A domestic or foreign corporation, association or limited liability
25company exercising any of the powers, franchises or functions of a business entity

1in this state that violates any provision of this section, shall not have the right of, and
2shall be prohibited from, doing business in this state, and the secretary of state
3department of revenue shall revoke its certificate to do business in this state.
AB150, s. 4148 4Section 4148. 134.60 of the statutes is amended to read:
AB150,1444,10 5134.60 Cutting or transportation of evergreens. No person may cut for
6sale in its natural condition and untrimmed, with or without roots, any evergreen or
7coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another
8without the written consent of the owner, whether such land is publicly or privately
9owned. The written consent shall contain the legal description of the land where the
10tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal
11owner. The written consent or a certified copy of the consent shall be carried by every
12person in charge of the cutting or removing of the trees, branches, boughs, bushes,
13saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger,
14forest patrol officer, state park ranger, conservation warden, or other officer of the
15department of natural resources at the officer's request at any time. The officer may
16inspect the trees, branches, boughs, bushes, saplings or shrubs when being
17transported in any vehicle or other means of conveyance and may investigate to
18determine whether or not this section has been complied with. The officer may stop
19any vehicle or means of conveyance found carrying any trees, branches, boughs,
20bushes, saplings or shrubs upon any public highway of this state for the purpose of
21making such inspection and investigation, and may seize and hold, subject to the
22order of the court, any such trees, bushes, saplings or shrubs found being cut,
23removed or transported in violation of this section. No person may ship or transport
24any such trees, bushes, saplings or shrubs outside the county where they were cut
25unless the person attaches to the outside of each package, box, bale, truckload or

1carload shipped a tag or label on which appears the person's name and address. No
2common carrier or truck hauler may receive for shipment or transportation any such
3trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who
4violates this section shall be fined not less than $10 nor more than $100. Any person
5who signs any such written consent or certified copy under this section who is not
6authorized to do so, and any person who lends or transfers or offers to lend or transfer
7any such written consent or certified copy to another person who is not entitled to use
8it, and any person not entitled to use any such written consent or certified copy, or
9who borrows, receives or solicits from another any such written consent or certified
10copy thereof shall be fined not less than $100 nor more than $500.
AB150, s. 4149 11Section 4149. 138.052 (5) (am) 2. a. of the statutes, as created by 1993
12Wisconsin Act 68
, is amended to read:
AB150,1444,2113 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the
14commissioner of banking department of financial institutions for banks, the
15commissioner of savings and loan for
savings and loan associations and savings
16banks, and the commissioner office of credit unions for credit unions shall determine
17the interest rate that is the average of the interest rates paid, rounded to the nearest
18one-hundredth of a percent, on regular passbook deposit accounts by institutions
19under the department's or commissioner's jurisdiction at the close of the last
20quarterly reporting period that ended at least 30 days before the determination is
21made.
AB150, s. 4150 22Section 4150. 138.052 (5) (am) 2. b. of the statutes, as created by 1993
23Wisconsin Act 68
, is amended to read:
AB150,1445,524 138.052 (5) (am) 2. b. Each commissioner The office of credit unions shall report
25the rate calculated to the commissioner of savings and loan department of financial

1institutions
within 5 days after the date on which the determination is made. The
2commissioner of savings and loan department of financial institutions shall
3calculate the average, rounded to the nearest one-hundredth of a percent, of the 3
4rates and report that interest rate to the revisor of statutes within 5 days after the
5date on which the determination is made.
AB150, s. 4151 6Section 4151. 138.055 (4) (a) of the statutes is repealed.
AB150, s. 4152 7Section 4152. 138.055 (4) (b) of the statutes is amended to read:
AB150,1445,98 138.055 (4) (b) The commissioner office of credit unions, if the lender is a credit
9union;
AB150, s. 4153 10Section 4153. 138.055 (4) (d) of the statutes is amended to read:
AB150,1445,1211 138.055 (4) (d) The commissioner of banking department of financial
12institutions
for all other lenders.
AB150, s. 4154 13Section 4154. 138.056 (1) (a) 4. a. of the statutes is repealed.
AB150, s. 4155 14Section 4155. 138.056 (1) (a) 4. b. of the statutes is amended to read:
AB150,1445,1615 138.056 (1) (a) 4. b. The commissioner office of credit unions, if the lender is a
16credit union;
AB150, s. 4156 17Section 4156. 138.056 (1) (a) 4. d. of the statutes is amended to read:
AB150,1445,1918 138.056 (1) (a) 4. d. The commissioner of banking department of financial
19institutions
for all other lenders.
AB150, s. 4157 20Section 4157. 138.09 (1) of the statutes is amended to read:
AB150,1446,721 138.09 (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, 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:
AB150,1446,2110 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 department. Applications for a license shall be in
15writing and upon forms provided for this purpose by the commissioner department.
16An applicant at the time of making an application shall pay to the commissioner
17department a nonrefundable $300 fee for investigating the application and a $500
18annual license fee for the period terminating on the last day of the current calendar
19year. If the cost of the investigation exceeds $300, the applicant shall upon demand
20of the commissioner department pay to the commissioner department the amount by
21which the cost of the investigation exceeds the nonrefundable fee.
AB150, s. 4159 22Section 4159. 138.09 (1d) of the statutes is created to read:
AB150,1446,2423 138.09 (1d) In this section, "department" means the department of financial
24institutions.
AB150, s. 4160 25Section 4160. 138.09 (2) of the statutes is amended to read:
AB150,1447,12
1138.09 (2) The commissioner department may also require the applicant to file
2with the commissioner department, 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 department, and such bond shall run to the state of Wisconsin for the
7use of the state and of any person or persons who may have a cause of action against
8the obligor 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, s. 4161 13Section 4161. 138.09 (3) (a) of the statutes is amended to read:
AB150,1447,2314 138.09 (3) (a) Upon the filing of such application and the payment of such fee,
15the commissioner department shall investigate the relevant facts, and if the
16commissioner department 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 department shall
21thereupon issue a license to said applicant to make loans in accordance with the
22provisions of this section. If the commissioner department shall not so find, he or she
23the department shall deny such application.
AB150, s. 4162 24Section 4162. 138.09 (3) (b) of the statutes is amended to read:
AB150,1448,4
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 department
4the annual license fee for the next succeeding calendar year.
AB150, s. 4163 5Section 4163. 138.09 (3) (c) of the statutes is amended to read:
AB150,1448,126 138.09 (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
11department in writing or by rule or at an auction sale conducted or clerked by a
12licensee.
AB150, s. 4164 13Section 4164. 138.09 (3) (d) of the statutes is amended to read:
AB150,1448,2114 138.09 (3) (d) A separate license shall be required for each place of business
15maintained by the licensee. Whenever a licensee shall change the address of its place
16of business to another location within the same city, village or town the licensee shall
17at once give written notice thereof to the commissioner, who department, which shall
18replace the original license with an amended license showing the new address,
19provided the location meets with the requirements of par. (e). No change in the place
20of business of a licensee to a different city, village or town shall be permitted under
21the same license.
AB150, s. 4165 22Section 4165. 138.09 (3) (e) of the statutes is amended to read:
AB150,1449,823 138.09 (3) (e) A licensee may conduct, and permit others to conduct, at the
24location specified in its license, any one or more of the following businesses not
25subject to this section: A business engaged in making loans for business or

1agricultural purposes or exceeding $25,000 in principal amount except that all such
2loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a
3business engaged in making first lien real estate mortgage loans under ss. 138.051
4to 138.06, a loan, finance or discount business under s. 218.01, or an insurance
5business, or a currency exchange under s. 218.05, or a seller of checks business under
6ch. 217; but merchandise shall not be sold at such location; and no other business
7shall be conducted at such location unless written authorization is granted the
8licensee by the commissioner department.
AB150, s. 4166 9Section 4166. 138.09 (3) (f) of the statutes is amended to read:
AB150,1449,2010 138.09 (3) (f) Every licensee shall make an annual report to the commissioner
11department for each calendar year on or before March 15 of the following year. Such
12report shall cover business transacted by the licensee under the provisions of this
13section and shall give such reasonable and relevant information as the commissioner
14department may require. Such reports shall be made upon blanks furnished by the
15commissioner department and shall be signed and verified by the oath or affirmation
16of the licensee if an individual, one of the partners if a partnership, a member or
17manager if a limited liability company or an officer of the corporation or association
18if a corporation or association. Any licensee operating under this section shall keep
19the records affecting loans made pursuant to this section separate and distinct from
20the records of any other business of such licensee.
AB150, s. 4167 21Section 4167. 138.09 (4) (intro.) of the statutes is amended to read:
AB150,1450,822 138.09 (4) (intro.) The commissioner department for the purpose of discovering
23violations of this chapter may cause an investigation to be made of the business of
24the licensee transacted under this section, and shall cause an investigation to be
25made of convictions reported to the commissioner department by any district

1attorney for violation by a licensee of this chapter. The place of business, books of
2account, papers, records, safes and vaults of said licensee shall be open to inspection
3and examination by the commissioner or the commissioner's representative
4department for the purpose of such investigation and the commissioner department
5may examine under oath all persons whose testimony the commissioner department
6may require relative to said investigation. The commissioner department may, upon
7notice to the licensee and reasonable opportunity to be heard, suspend or revoke such
8license after such hearing if:
AB150, s. 4168 9Section 4168. 138.09 (4) (a) of the statutes is amended to read:
AB150,1450,1210 138.09 (4) (a) The licensee has violated any provision of this chapter and if the
11commissioner department determines such violation justifies the suspension or
12revocation of the license;
AB150, s. 4169 13Section 4169. 138.09 (4) (b) of the statutes is amended to read:
AB150,1450,1614 138.09 (4) (b) Any fact or condition exists which, if it had existed at the time
15of the original application for such license, would have warranted the commissioner
16department in refusing to issue such license; and
AB150, s. 4170 17Section 4170. 138.09 (4a) of the statutes is amended to read:
AB150,1451,718 138.09 (4a) Any licensee and any other person aggrieved by any order of the
19commissioner department has the right to appeal to the board of review under this
20section, provided a written notice of appeal is served upon the commissioner
21department and upon the chairperson or secretary of the consumer credit review
22board under s. 220.037 within 10 days from the date of the commissioner's
23department's order. Upon service of a written notice of appeal as herein provided the
24review board shall hold a hearing within a reasonable time thereafter. The review
25board shall give the parties a written notice of the time and place said hearing will

1be held. The cost of any investigation or examination or hearing, including witness
2fees or any other expenses, conducted by the commissioner department or the review
3board shall be paid by the licensee so examined or by the appellant within 30 days
4after demand therefor by the commissioner department, and the state may maintain
5an action for the recovery of such costs and expenses in any court of competent
6jurisdiction, except that no cost shall be charged an appellant by the review board
7unless the board sustains the commissioner department.
AB150, s. 4171 8Section 4171. 138.09 (6) (a) of the statutes is amended to read:
AB150,1451,159 138.09 (6) (a) Except as provided in par. (b), the licensee shall keep such books
10and records in the licensee's place of business as in the opinion of the commissioner
11of banking
department will enable the commissioner department to determine
12whether the provisions of this chapter are being observed. Every such licensee shall
13preserve the records of final entry used in such business, including cards used in the
14card system, if any, for a period of at least 2 years after the making of any loan
15recorded therein.
AB150, s. 4172 16Section 4172. 138.09 (6) (b) of the statutes is amended to read:
AB150,1451,2317 138.09 (6) (b) A licensee may keep the books and records specified in par. (a)
18at a single location inside or outside of this state if the books and records are kept at
19a location licensed under this section. The licensee shall organize the books and
20records by the place of business where the records originated and shall keep the
21books and records separate from other records for business conducted at that
22location. Actual costs incurred by the commissioner department to examine books
23and records maintained outside of this state shall be paid by the licensee.
AB150, s. 4173 24Section 4173. 138.09 (7) (bn) 4. of the statutes is amended to read:
AB150,1452,3
1138.09 (7) (bn) 4. Information regarding the amount of the maximum finance
2charge under subds. 1. and 2. for any month or calendar year quarter shall be
3available at the office of the commissioner department.
AB150, s. 4174 4Section 4174. 138.09 (11) of the statutes is amended to read:
AB150,1452,65 138.09 (11) The commissioner department may employ necessary examiners or
6other personnel from time to time and fix their compensation.
AB150, s. 4175 7Section 4175. 138.12 (1) (a) of the statutes is amended to read:
AB150,1452,98 138.12 (1) (a) "Commissioner" "Department" means the commissioner of
9banking
department of financial institutions.
AB150, s. 4176 10Section 4176. 138.12 (1) (c) of the statutes is amended to read:
AB150,1452,1211 138.12 (1) (c) "Licensee" means an insurance premium finance company
12holding a license issued by the commissioner department under this section.
AB150, s. 4177 13Section 4177. 138.12 (2) (a) of the statutes is amended to read:
AB150,1452,2214 138.12 (2) (a) Any insurance company or agent defined in s. 628.02, any savings
15and loan association, savings bank, sales finance company, motor vehicle instalment
16seller, bank, trust company, licensed lender or credit union authorized to do business
17in this state, but such organizations, if otherwise eligible, are exempt from the
18licensing under this section, but subs. (9) to (12) and any rules promulgated by the
19commissioner department pertaining to such subsections shall be applicable to all
20premium finance transactions entered into by such organizations in this state if an
21insurance policy or any rights thereunder is made the security or collateral for
22repayment of the debt.
AB150, s. 4178 23Section 4178. 138.12 (3) (b) is amended to read:
AB150,1453,3
1138.12 (3) (b) The annual license fee is $400 $500 and shall be paid to the
2commissioner. Licenses may be renewed May 1 of each year upon payment of the
3annual fee of $400.
AB150, s. 4179 4Section 4179 . 138.12 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
5.... (this act), is amended to read:
AB150,1453,86 138.12 (3) (b) The annual license fee is $500 and shall be paid to the
7commissioner department. Licenses may be renewed May 1 of each year upon
8payment of the annual fee.
AB150, s. 4180 9Section 4180. 138.12 (3) (c) of the statutes is amended to read:
AB150,1453,1810 138.12 (3) (c) The person to whom the license or the renewal thereof is issued
11shall file sworn answers, subject to the penalties of perjury, to such interrogatories
12as the commissioner department requires. The commissioner department may, at
13any time, require the applicant fully to disclose the identity of all stockholders,
14partners, members, managers, officers and employes, and the commissioner
15department may refuse to issue or renew a license in the name of any person if the
16commissioner department is not satisfied that any officer, employe, stockholder,
17partner, member or manager thereof, who may materially influence the applicant's
18conduct, meets the standards of this section.
AB150, s. 4181 19Section 4181. 138.12 (4) (a) of the statutes is amended to read:
AB150,1454,220 138.12 (4) (a) Upon the filing of an application and the payment of the license
21fee
required fees under par. (am) 1., the commissioner shall make an investigation
22of each applicant and shall issue a license if the commissioner finds the applicant is
23qualified in accordance with this section. If the commissioner does not so find, the
24commissioner shall, within 30 days after the commissioner has received such the

1application, so notify the applicant and , at the request of the applicant, give the
2applicant a full hearing.
AB150, s. 4182 3Section 4182 . 138.12 (4) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is amended to read:
AB150,1454,115 138.12 (4) (a) Upon the filing of an application and the payment of the required
6fees under par. (am) 1., the commissioner department shall make an investigation
7of each applicant and shall issue a license if the commissioner department finds the
8applicant is qualified in accordance with this section. If the commissioner
9department does not so find, the commissioner department shall, within 30 days
10after the commissioner department has received the application, notify the applicant
11and, at the request of the applicant, give the applicant a full hearing.
AB150, s. 4183 12Section 4183. 138.12 (4) (am) of the statutes is created to read:
AB150,1454,1513 138.12 (4) (am) 1. An applicant shall pay to the commissioner a nonrefundable
14$300 license investigation fee and a $500 annual license fee for the period ending on
15the next April 30.
AB150,1454,1816 2. If the cost of the investigation exceeds $300, the applicant shall, upon
17demand of the commissioner, pay the amount by which the cost of the investigation
18exceeds the nonrefundable fee.
AB150, s. 4184 19Section 4184. 138.12 (4) (am) of the statutes, as created by 1995 Wisconsin Act
20.... (this act), is amended to read:
AB150,1454,2321 138.12 (4) (am) 1. An applicant shall pay to the commissioner department a
22nonrefundable $300 license investigation fee and a $500 annual license fee for the
23period ending on the next April 30.
AB150,1455,3
12. If the cost of the investigation exceeds $300, the applicant shall, upon
2demand of the commissioner department, pay the amount by which the cost of the
3investigation exceeds the nonrefundable fee.
AB150, s. 4185 4Section 4185. 138.12 (4) (b) (intro.) of the statutes is amended to read:
AB150,1455,65 138.12 (4) (b) (intro.) The commissioner department shall issue or renew a
6license when the commissioner department is satisfied that the person to be licensed:
AB150, s. 4186 7Section 4186. 138.12 (5) (b) of the statutes is amended to read:
AB150,1455,208 138.12 (5) (b) Before the commissioner department revokes, suspends or
9refuses to renew the license of any premium finance company, the commissioner
10department shall give the company an opportunity to be fully heard and to introduce
11evidence in the company's behalf. In lieu of revoking or suspending the license for
12any of the causes enumerated in this subsection, after hearing, the commissioner
13department may subject the premium finance company to a penalty of not more than
14$200 for each offense when in the commissioner's department's judgment the
15commissioner department finds that the public interest would not be harmed by the
16continued operation of such company. The amount of any penalty under this
17paragraph shall be paid by the company to the commissioner department for the use
18of the state. At any hearing under this subsection, the commissioner department
19may administer oaths to witnesses. Anyone testifying falsely, after having been
20administered the oath, shall be subject to the penalty of perjury.
AB150, s. 4187 21Section 4187. 138.12 (5) (c) of the statutes is amended to read:
AB150,1455,2322 138.12 (5) (c) Any action of the commissioner department in refusing to issue
23or renew a license shall be subject to review under subch. III of ch. 227.
AB150, s. 4188 24Section 4188. 138.12 (6) (a) of the statutes is amended to read:
AB150,1456,9
1138.12 (6) (a) Every licensee shall maintain records of its premium finance
2transactions and the records shall be open to an examination and investigation by
3the commissioner department. The commissioner department may make an
4examination of the books, records and accounts of any licensee as the commissioner
5department deems necessary. The commissioner department shall determine the
6cost of an examination and that cost shall be assessed against and paid by the
7licensee so examined. The commissioner department may, at any time, require any
8licensee to bring such records as the commissioner department directs to the
9commissioner's office department for examination.
AB150, s. 4189 10Section 4189. 138.12 (7) of the statutes is amended to read:
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