1999 Wisconsin Act 9

Chapter 224

Subchapter IV
Nondepository small
business lenders

224.90 Definitions. In this subchapter:

(1) "Division" means the division of banking.

(2) "In control" means any of the following:

(a) Owning 10% or more of the outstanding voting stock of a nondepository lender.

(b) Possessing, directly or indirectly, alone or in concert with others, the power to control or vote 10% or more of the outstanding voting stock of a nondepository lender or to elect or control the election of a majority of the board of directors of a nondepository lender.

(3) "Licensee" means a lender licensed under this subchapter.

(4) "Nondepository lender" means a commercial small business lender that participates in the loan guarantee program of the U.S. small business administration described in 13 CFR 120.2 (a) and that provides financial assistance to small businesses that qualify for financial assistance pursuant to 15 USC 636 (a). "Nondepository lender" does not include a bank, credit union, savings and loan association or savings bank.

224.92 License required. No person may engage in business as a nondepository lender in this state without a license issued under this subchapter.

224.923 License application. An application for a license under this subchapter shall be made to the division in writing on a form to be prescribed by the division. An application for a license under this subchapter shall state the full name and business address of the applicant and each officer, director and person in control of the applicant. The application also shall contain the applicant's federal employer identification number. In addition, the application shall contain the applicant's business plan, 3 years of detailed financial projections and other relevant information, all as prescribed by the division.

224.927 Disclosure of certain application information. The division may not disclose an applicant's federal employer identification number received under s. 224.923, except as follows:

(1) The division may disclose the information to the department of revenue for the sole purpose of requesting certification under s. 73.0301.

(2) The division may disclose the information to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

224.93 License approval. After a review of information regarding the directors, officers and controlling persons of the applicant for a license, a review of the applicant's business plan, including at least three years of detailed financial projections and other information considered relevant by the division, the division may approve an application for a license if the division determines that all of the following conditions are met:

(1) The applicant has at least $500,000 in capital and the amount of capital is adequate for the applicant to transact business as a nondepository lender.

(2) Each director, officer and person in control of the applicant is of good character and sound financial standing; the directors and officers of the applicant are competent to perform their functions with respect to the applicant and the directors and officers of the applicant are collectively adequate to manage the business of the applicant as a nondepository lender.

(3) The business plan of the applicant will be honestly and efficiently conducted in accordance with the intent and purpose of this subchapter.

(4) The proposed activity of the applicant possesses a reasonable prospect for success.

(5) The applicant has paid to the division the application fee prescribed by the division, together with the actual cost incurred by the division in investigating the application.

224.935 Expiration of license. (1) Generally. Except as provided under sub. (2), a license issued under this subchapter expires on the June 30 following the date on which the license was issued.

(2) Change in control of licensee. A change in the identity or number of individuals that are in control of a licensee terminates the licensee's license under this subchapter, unless the licensee applies to the division for and receives a renewal of the license no later than 15 days after the change in control.

224.94 Renewal of license. Except as provided under s. 224.935 (2), a licensee shall renew its license by submitting to the division a renewal application and the renewal fee as prescribed by the division not less than 60 days before the date on which the license expires. A renewal application is subject to the same criteria as the criteria for approval of an original license.

224.95 Denial of or disciplinary action relating to license. (1) Mandatory denial. The division shall deny an application for issuance or renewal of a license under this subchapter if any of the following applies:

(a) The applicant has failed to provide its federal employer identification number under s. 224.923.

(b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to a notice or hearing under sub. (4).

(c) The applicant is an individual who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice and a hearing under s. 49.857 but is not entitled to a notice or hearing under sub. (4).

(2) Discretionary denial or disciplinary action. The division may deny an application for issuance or renewal of a license under this subchapter or may revoke, suspend or limit a license issued under this subchapter if the division finds that the applicant or nondepository lender did any of the following:

(a) Made a material misstatement in an application for issuance or renewal of a license issued under this subchapter or in information provided to the division.

(b) Demonstrated a lack of competency to act as a nondepository lender.

(c) Violated any provision of this subchapter or any rule of the division.

(3) Disciplinary orders. The division may issue general or special orders necessary to prevent or correct actions by a nondepository lender that constitute cause under this section for revoking, suspending or limiting a license.

(4) Appeal of denial or disciplinary action. A person whose application for issuance or renewal of a license under this subchapter has been denied or whose license has been revoked, suspended or limited under this section may request a hearing under s. 227.42 within 30 days after the date of denial, revocation, suspension or limitation. Failure of a person to request a hearing within the time provided under this subsection is a waiver of the person's right to a hearing on the denial, revocation, suspension or limitation.

224.96 Required loan loss reserve. Each licensee shall provide for a loan loss reserve sufficient to cover projected loan losses that are not guaranteed by the U.S. government or any agency of the U.S. government.

224.97 Division review of nondepository lender operations. The division may, at any reasonable time, examine the books of account, records, condition and affairs of a nondepository lender licensed under this subchapter. The division shall examine the books of account, records, condition and affairs of every nondepository lender licensed under this subchapter at least once during every 12 month period. The division shall prepare a report of each examination conducted under this section. As part of an examination under this section or as part of the preparation of an examination report, the division may examine under oath any person in control, officer, director, agent, employe or customer of the nondepository lender. The division may require a nondepository lender that is examined under this section to pay to the division a reasonable fee for the costs of conducting the examination.

224.98 Powers of licensee. A licensee may do any of the following:

(1) Participate in the loan guaranty program under 15 USC 636 (a).

(2) Participate in any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing or management assistance to business firms.

224.985 Required records and reports. (1) Record keeping. A licensee shall keep books, accounts, and other records in such a form and manner as required by rule of the division. These records shall be kept at a location and shall be preserved for a length of time as prescribed by rule of the division.

(2) Annual report. Not more than 90 days after the close of a licensee's fiscal year or upon request of the division, every licensee shall file with the division a report containing all of the following:

(a) Financial statements, including the balance sheet, the statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position of the licensee. The licensee shall ensure that the financial statements have been audited by an independent certified public account and prepared in accordance with generally accepted account principles.

(b) Other relevant information requested by the division.

224.99 Rule making. The division may promulgate rules for the efficient administration of this subchapter.

9,2353m Section 2353m. 227.01 (1) of the statutes is amended to read:

227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

9,2353n Section 2353n. 227.01 (1) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

9,2353s Section 2353s. 227.01 (13) (t) of the statutes is amended to read:

227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (j) 3. c., 66.293, 103.49 and or 103.50, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (j) 3. c., 66.293, 103.49 and or 103.50 is subject to judicial review under s. 227.40.

9,2353sm Section 2353sm. 227.01 (13) (zu) of the statutes is created to read:

227.01 (13) (zu) Establishes standards under subch. IX of ch. 254.

9,2355m Section 2355m. 227.113 of the statutes is created to read:

227.113 Incorporation of local, comprehensive planning goals. Each agency, where applicable and consistent with the laws that it administers, is encouraged to design the rules promulgated by the agency to reflect a balance between the mission of the agency and the goals specified in s. 1.13 (2).

9,2355mm Section 2355mm. 227.14 (1s) of the statutes is created to read:

227.14 (1s) Exception; preparation of certain rules based on federal food code. Notwithstanding sub. (1), if the department of agriculture, trade and consumer protection or the department of health and family services prepares a proposed rule based on the model food code published by the federal food and drug administration, the proposed rule may be in the format of the model food code.

9,2356m Section 2356m. 227.43 (1) (bg) of the statutes is amended to read:

227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

9,2357a Section 2357a. 227.52 (5) of the statutes is amended to read:

227.52 (5) Decisions of the division of savings and loan institutions.

9,2358a Section 2358a. 227.53 (1) (b) 4. of the statutes is amended to read:

227.53 (1) (b) 4. The savings and loan review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

9,2359a Section 2359a. 227.53 (1) (b) 5. of the statutes is amended to read:

227.53 (1) (b) 5. The savings bank review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings bank review board shall be the named respondents.

9,2359h Section 2359h. 229.42 (7) (b) 1. of the statutes is amended to read:

229.42 (7) (b) 1. Subject to subds. 2. and 3., the terms of office of the members of the board shall be 3 years, except that for the initial appointments for a newly created district, as specified in the enabling resolution, 4 of the appointments shall be for one year, 4 appointments, including the 3 members appointed under sub. (4) (d), shall be for 2 years and 4 appointments shall be for 3 years. The cochairpersons of the joint committee on finance or their designees shall serve on the board for a term that is concurrent with their terms in office and the comptroller's appointment shall be for the comptroller's tenure in his or her position. No member who is an officer or employe of a private sector entity may serve more than 2 consecutive full terms.

9,2359tb Section 2359tb. 230.04 (19m) of the statutes is created to read:

230.04 (19m) The secretary shall ensure that no agency require that its employes record their number of hours worked during any part of a pay period on a form on which the employe's social security number is printed.

9,2359ti Section 2359ti. 230.046 (2) of the statutes is amended to read:

230.046 (2) Supervisory training. After initial appointment to a supervisory position, the each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program approved by the secretary. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employes with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.

9,2359to Section 2359to. 230.046 (3) (intro.) of the statutes is amended to read:

230.046 (3) Training programs. (intro.) The secretary, pursuant to sub. (5), may authorize Each appointing authorities to authority may do any of the following:

9,2359ts Section 2359ts. 230.046 (4) of the statutes is amended to read:

230.046 (4) Records of training program participation. Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employe participation in its training program. The system may not take effect until approved by the secretary.

9,2359tw Section 2359tw. 230.046 (5) (intro.) of the statutes is amended to read:

230.046 (5) Initiation of programs. (intro.) Unless otherwise empowered by law, any agency desiring to initiate a training program under sub. (3) shall certify to the secretary ensure that:

9,2359uc Section 2359uc. 230.046 (10) of the statutes is repealed and recreated to read:

230.046 (10) Department functions. The department may do all of the following:

(a) Conduct off-the-job employe development and training programs relating to functions under this chapter or subch. V of ch. 111.

(b) Charge fees to state agencies whose employes participate in employe development and training programs under this subsection.

9,2359uh Section 2359uh. 230.046 (11) of the statutes is repealed.

9,2359x Section 2359x. 230.08 (2) (e) 3e. of the statutes is created to read:

230.08 (2) (e) 3e. Corrections -- 5.

9,2360m Section 2360m. 230.08 (2) (e) 4. of the statutes is amended to read:

230.08 (2) (e) 4. Employment relations — 4 3.

9,2361 Section 2361. 230.08 (2) (e) 6. of the statutes is amended to read:

230.08 (2) (e) 6. Workforce development — 8 7.

9,2361d Section 2361d. 230.08 (2) (e) 8. of the statutes is amended to read:

230.08 (2) (e) 8. Natural resources — 6 7.

9,2362p Section 2362p. 230.08 (2) (pm) of the statutes is amended to read: