LRB-1730/1
KSH:kmg&jlg:jf
1997 - 1998 LEGISLATURE
April 28, 1997 - Introduced by Representatives Hoven, Kaufert, Meyer, Plale,
Vrakas, Skindrud, La Fave and Ward, cosponsored by Senators Shibilski,
Wineke, Zien, Fitzgerald, C. Potter, Rude and Welch. Referred to Committee
on Financial Institutions.
AB329,1,10
1An Act to repeal 422.201 (12), 422.203 (4) (b), 422.402 (1) (c), 422.402 (1m) (c),
2422.413 (2), 422.417 (1) (e), 424.208 (1) (b), 424.301 (1) (b) 4., 425.114 and
3425.206 (1) (d);
to consolidate, renumber and amend 424.208 (1) (intro.) and
4(a);
to amend 421.203 (1), 421.301 (17), 422.201 (8), 422.203 (4) (a), 422.203 (4)
5(c), 422.207 (1), 422.209 (2) (b) 1., 422.209 (2) (b) 2., 422.411 (1), 422.412,
6422.413 (1), 422.417 (1) (c), 422.417 (1) (d), 422.417 (2), 422.418 (2), 422.421 (6)
7(a), 422.501 (3), 423.201, 425.103 (2) (a), 425.206 (1) (b), 425.206 (1) (c), 425.207
8(2), 425.208 (1) (intro.) and 425.208 (1) (cm); and
to create 421.202 (10) of the
9statutes;
relating to: excluding agricultural transactions from the Wisconsin
10consumer act.
Analysis by the Legislative Reference Bureau
Under current law, the Wisconsin consumer act (WCA) generally applies to all
consumer transactions made in the state, unless a specific exclusion applies.
Current law contains a number of exclusions, including an exclusion for consumer
credit transactions in which the amount financed exceeds $25,000 and other
consumer transactions in which the cash price exceeds $25,000. The bill amends the
WCA to also exclude any transaction that is for an agricultural purpose. A
transaction is for an agricultural purpose if its purpose is related to the production,
harvest, exhibition, marketing, transportation, processing or manufacture of
agricultural products by certain persons who cultivate, plant, propagate or nurture
those agricultural products.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB329, s. 1
1Section
1. 421.202 (10) of the statutes is created to read:
AB329,2,22
421.202
(10) Transactions that are primarily for an agricultural purpose.
AB329, s. 2
3Section
2. 421.203 (1) of the statutes is amended to read:
AB329,2,84
421.203
(1) Consumer credit transactions, not governed by ch. 428, which are
5made, insured or guaranteed by the federal government or any agency thereof
, or by
6any federal instrumentality chartered under the federal farm credit act of 1971 (P.L.
792-181; 85 stats. 583; 12 USC 2001 et seq.), or
by the department of veteran's affairs
8shall be subject to only those provisions set forth in sub. (2).
AB329, s. 3
9Section
3. 421.301 (17) of the statutes is amended to read:
AB329,2,1510
421.301
(17) "Customer" means a person other than an organization (s.
11421.301 (28)) who seeks or acquires real or personal property, services, money or
12credit for personal, family
, or household
or agricultural purposes. A person other
13than a customer may agree to be governed by chs. 421 to 427 with respect to all
14aspects of a transaction and in such event such person shall be deemed a customer
15for all purposes of chs. 421 to 427 with respect to such transaction.
AB329, s. 4
16Section
4. 422.201 (8) of the statutes is amended to read:
AB329,3,517
422.201
(8) That portion of the finance charge consisting of an amount equal
18to a discount of 5% or less of the stated price which is offered to induce payment in
1full within a stated period of time in connection with
a sale for agricultural purposes
2or a sale of particular goods and services for which credit is not otherwise available
3from the merchant shall not be included in the finance charge for the purpose of
4determining the maximum rate of finance charge under sub. (2) or (3) with respect
5to a customer who does not pay in full within such time.
AB329, s. 5
6Section
5. 422.201 (12) of the statutes is repealed.
AB329, s. 6
7Section
6. 422.203 (4) (a) of the statutes is amended to read:
AB329,3,158
422.203
(4) (a) With respect to a consumer credit transaction
other than one
9primarily for an agricultural purpose, interest after the final scheduled maturity
10date may not exceed the greater of either 12% per year or the annual rate of finance
11charge assessed on that transaction if the transaction is entered into on or after April
126, 1980 and prior to November 1, 1981, and may not exceed the maximum rate
13permitted by s. 138.05 (1) (a), if the transaction is entered into prior to April 6, 1980,
14but if such interest is charged no delinquency charge may be taken on the final
15scheduled instalment.
AB329, s. 7
16Section
7. 422.203 (4) (b) of the statutes is repealed.
AB329, s. 8
17Section
8. 422.203 (4) (c) of the statutes is amended to read:
AB329,3,2318
422.203
(4) (c) With respect to a consumer credit transaction
other than one
19primarily for an agricultural purpose, interest after the final scheduled maturity
20date shall not exceed the greater of either 12% per year or the annual rate of finance
21charge assessed on that transaction if the transaction is entered into on or after
22November 1, 1981, but if interest is charged no delinquency charge may be taken on
23the final scheduled instalment.
AB329, s. 9
24Section
9. 422.207 (1) of the statutes is amended to read:
AB329,4,13
1422.207
(1) With respect to a consumer credit transaction the parties may, to
2the extent not prohibited by chs. 421 to 427 and 429, agree that the customer will
3perform certain duties with respect to preserving or insuring collateral or goods
4subject to a motor vehicle consumer lease, if such duties are reasonable in relation
5to the risk of loss of or damage to the collateral or goods. If the customer fails to so
6perform the creditor may, if authorized by the agreement, pay for the performance
7of such duties on behalf of the customer. The amount paid may be added to the
8unpaid balance of the customer's obligation, if, in the absence of performance, the
9merchant has made all expenditures on behalf of the customer in good faith and in
10a commercially reasonable manner and
except in the case of a transaction for an
11agricultural purpose where the collateral is perishable and threatens to decline
12speedily in value, the merchant has given the customer written notice of the
13nonperformance and reasonable opportunity after such notice to so perform.
AB329, s. 10
14Section
10. 422.209 (2) (b) 1. of the statutes is amended to read:
AB329,4,2415
422.209
(2) (b) 1. The portion of the finance charge which is allocable to all
16unexpired payment periods as scheduled or deferred. A payment period is unexpired
17if prepayment is made within 15 days after the payment's due date. The unearned
18finance charge is the finance charge which, assuming all payments are made as
19scheduled or deferred, would be earned for each unexpired payment period by
20applying to unpaid balances of principal, according to the actuarial method, the
21annual percentage rate disclosed to the customer under subch. III
or, in the case of
22a transaction for an agricultural purpose, the annual percentage rate based on the
23finance charge. The creditor may decrease the annual interest rate to the next
24multiple of 0.25%.
AB329, s. 11
25Section
11. 422.209 (2) (b) 2. of the statutes is amended to read:
AB329,5,5
1422.209
(2) (b) 2. The finance charge less the amount determined by applying
2the annual percentage rate disclosed to the customer under subch. III
or, in the case
3of a transaction for an agricultural purpose, the annual percentage rate based on the
4finance charge, according to the actuarial method, to the unpaid balances for the
5actual time those balances were unpaid up to the date of prepayment.
AB329, s. 12
6Section
12. 422.402 (1) (c) of the statutes is repealed
AB329, s. 13
7Section
13. 422.402 (1m) (c) of the statutes is repealed.
AB329, s. 14
8Section
14. 422.411 (1) of the statutes is amended to read:
AB329,5,139
422.411
(1) Except as provided in subs. (2) and (2m), with respect to a consumer
10credit transaction no term of a writing may provide for the payment by the customer
11of attorney fees.
Notwithstanding subs. (2) and (2m), a consumer credit transaction
12may not provide for the payment by the customer of attorney fees if the transaction
13is for an agricultural purpose.
AB329, s. 15
14Section
15. 422.412 of the statutes is amended to read:
AB329,5,19
15422.412 Restriction on liability in consumer lease. In a consumer lease
16other than one for an agricultural purpose, the obligation of a customer upon
17expiration of the lease may not exceed the average payment allocable to a monthly
18period under the lease. This limitation does not apply to charges for damages to the
19leased property occasioned by other than normal use or for other default.
AB329, s. 16
20Section
16. 422.413 (1) of the statutes is amended to read:
AB329,5,2521
422.413
(1) Except as provided in
subs. (2) and sub. (2g), no term of a writing
22evidencing a consumer credit transaction may provide for any charges as a result of
23default by the customer other than reasonable expenses incurred in the disposition
24of collateral or goods subject to a motor vehicle consumer lease and such other
25charges as are specifically authorized by chs. 421 to 427 and 429.
AB329, s. 17
1Section
17. 422.413 (2) of the statutes is repealed.
AB329, s. 18
2Section
18. 422.417 (1) (c) of the statutes is amended to read:
AB329,6,53
422.417
(1) (c) Real property to which the property sold is affixed, or which is
4maintained, repaired or improved as a result of the sale of the property or services,
5if the obligation secured is $1,000 or more;
and
AB329, s. 19
6Section
19. 422.417 (1) (d) of the statutes is amended to read:
AB329,6,117
422.417
(1) (d) Goods of the consumer which were the subject of a prior
8transaction with the seller which is consolidated (s. 422.206) with the consumer
9credit sale, or if the consumer credit sale is made pursuant to an open-end credit
10plan, goods previously purchased by the consumer pursuant to the plan, subject
11however to s. 422.418
; and.
AB329, s. 20
12Section
20. 422.417 (1) (e) of the statutes is repealed.
AB329, s. 21
13Section
21. 422.417 (2) of the statutes is amended to read:
AB329,6,1914
422.417
(2) With respect to a consumer lease, except as otherwise provided in
15s. 429.205 with respect to a motor vehicle consumer lease, a lessor may not take a
16security interest in any property owned or leased by the customer other than the
17leased goods to secure the lessor's obligations under the lease. This subsection does
18not prohibit a security interest in a cash security deposit for a consumer lease of
19motor vehicles
or agricultural equipment.
AB329, s. 22
20Section
22. 422.418 (2) of the statutes is amended to read:
AB329,7,521
422.418
(2) For the purpose of determining the extent to which a consolidated
22obligation is secured after a consolidation of consumer sales
other than sales
23primarily for an agricultural purpose, and after a consolidation of consumer loans in
24which one or more of the loans consolidated is secured by a purchase money security
25interest in property of the type described in s. 422.417 (3) (a), payments received by
1the creditor after a consolidation agreement are deemed to have been first applied
2to the payment of obligations arising from the transactions first made. To the extent
3that obligations are paid pursuant to this section, security interests in items of
4property terminate as the obligation originally incurred with respect to each item is
5paid.
AB329, s. 23
6Section
23. 422.421 (6) (a) of the statutes is amended to read:
AB329,7,127
422.421
(6) (a)
Except as provided in s. 422.201 (12), for For any variable rate
8transaction, other than one pursuant to an open-end credit plan, entered into before
9November 1, 1984, the maximum rate of finance charge for any payment period may
10not exceed the limit set forth in s. 422.201 (2) (bm) as determined on the earlier of
11the first day of the payment period or the day notice is given under sub. (5) for the
12payment period.
AB329, s. 24
13Section
24. 422.501 (3) of the statutes is amended to read:
AB329,7,1614
422.501
(3) "Extension of credit" means the right to defer payment of debt or
15to incur debt and defer its payment, that is offered or granted for debt that is incurred
16primarily for personal, family
, or household
or agricultural purposes.
AB329, s. 25
17Section
25. 423.201 of the statutes is amended to read:
AB329,8,4
18423.201 Definition. "Consumer approval transaction" means a consumer
19transaction other than a sale or lease or listing for sale of real property
, or a sale of
20goods at auction
, the sale or lease of goods for an agricultural purpose or a loan made
21to finance the sale of goods at auction for an agricultural purpose 1) which is initiated
22by face-to-face solicitation away from a regular place of business of the merchant
23or by mail or telephone solicitation directed to the particular customer and 2) which
24is consummated or in which the customer's offer to contract or other writing
25evidencing the transaction is received by the merchant away from a regular place of
1business of the merchant and involves the extension of credit or is a cash transaction
2in which the amount the customer pays exceeds $25. "Consumer approval
3transaction" shall in no event include a catalog sale which is not accompanied by any
4other solicitation or a consumer loan conducted and consummated entirely by mail.