Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,554,20 " Section 2342pr. 218.12 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,555,2 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

AB133-ASA1-CA1, s. 2342ps Section 2342ps. 218.12 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,555,11 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor department on such forms as the licensor department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor department requires.

AB133-ASA1-CA1, s. 2342pt Section 2342pt. 218.12 (2) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,555,15 218.12 (2) (am) 1. The Except as provided in subd. 3., the licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB133-ASA1-CA1, s. 2342pu Section 2342pu. 218.12 (2) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,555,20 218.12 (2) (am) 1. Except as provided in subd. 3., the licensor department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB133-ASA1-CA1, s. 2342pv Section 2342pv. 218.12 (2) (am) 3. of the statutes is created to read:

AB133-ASA1-CA1,556,3 218.12 (2) (am) 3. If an applicant does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

AB133-ASA1-CA1, s. 2342pw Section 2342pw. 218.12 (2) (am) 3. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,556,12 218.12 (2) (am) 3. If an applicant does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.".

AB133-ASA1-CA1,556,13 1330. Page 1191, line 6: after that line insert:

AB133-ASA1-CA1,556,14 " Section 2342pum. 218.12 (2) (am) 2. of the statutes is amended to read:

AB133-ASA1-CA1,556,19 218.12 (2) (am) 2. The licensor department of commerce may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.".

AB133-ASA1-CA1,556,20 1331. Page 1193, line 3: after that line insert:

AB133-ASA1-CA1,556,21 " Section 2344a. 221.0303 (2) of the statutes is amended to read:

AB133-ASA1-CA1,557,14 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB133-ASA1-CA1, s. 2345a Section 2345a. 221.0321 (5) of the statutes is amended to read:

AB133-ASA1-CA1,557,24 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings and loan institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

AB133-ASA1-CA1, s. 2347a Section 2347a. 223.105 (3) (a) of the statutes is amended to read:

AB133-ASA1-CA1,558,7 223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7) the division of banking, the office of credit unions and the division of savings and loan institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

AB133-ASA1-CA1, s. 2348a Section 2348a. 223.105 (4) of the statutes is amended to read:

AB133-ASA1-CA1,558,18 223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, the office of credit unions or the division of savings and loan institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

AB133-ASA1-CA1, s. 2349a Section 2349a. 223.105 (5) of the statutes is amended to read:

AB133-ASA1-CA1,559,2 223.105 (5) Enforcement remedy. The division of banking or the division of savings and loan institutions or office of credit unions shall upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

AB133-ASA1-CA1, s. 2350a Section 2350a. 223.105 (6) of the statutes is amended to read:

AB133-ASA1-CA1,559,10 223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings and loan institutions or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.".

AB133-ASA1-CA1,559,11 1332. Page 1193, line 3: after that line insert:

AB133-ASA1-CA1,559,12 " Section 2342xs. 218.21 (2) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,559,15 218.21 (2) (intro.) Application for a motor vehicle salvage dealer's license shall be made upon the form prescribed by the department and, except as provided in sub. (2f), shall contain:

AB133-ASA1-CA1, s. 2342xu Section 2342xu. 218.21 (2f) of the statutes is created to read:

AB133-ASA1-CA1,559,22 218.21 (2f) (a) If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a motor vehicle salvage dealer's license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

AB133-ASA1-CA1,559,24 (b) Any motor vehicle salvage dealer's license issued or renewed in reliance upon a false statement submitted by an applicant under par. (a) is invalid.

AB133-ASA1-CA1, s. 2342xw Section 2342xw. 218.21 (2m) (a) of the statutes is amended to read:

AB133-ASA1-CA1,560,4 218.21 (2m) (a) The department shall deny an application for the issuance or renewal of a license if the any information required under sub. (2) (ag) or (am) is not included in the application.

AB133-ASA1-CA1, s. 2342xy Section 2342xy. 218.31 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,560,8 218.31 (1) (intro.) Application for a motor vehicle auction dealer's license shall be made upon the form prescribed by the department and, except as provided in sub. (1f), shall contain:

AB133-ASA1-CA1, s. 2342yc Section 2342yc. 218.31 (1f) of the statutes is created to read:

AB133-ASA1-CA1,560,15 218.31 (1f) (a) If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a motor vehicle auction dealer's license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

AB133-ASA1-CA1,560,17 (b) Any motor vehicle auction dealer's license issued or renewed in reliance upon a false statement submitted by an applicant under par. (a) is invalid.

AB133-ASA1-CA1, s. 2342ye Section 2342ye. 218.31 (1m) (a) of the statutes is amended to read:

AB133-ASA1-CA1,560,21 218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the any information required under sub. (1) (ag) or (am) is not included in the application.

AB133-ASA1-CA1, s. 2342yg Section 2342yg. 218.41 (2) (am) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,560,25 218.41 (2) (am) 1. (intro.) In addition to any other information required under this subsection and except as provided in subd. 3., an application for a license under this section shall include the following:

AB133-ASA1-CA1, s. 2342yi Section 2342yi. 218.41 (2) (am) 3. of the statutes is created to read:

AB133-ASA1-CA1,561,8 218.41 (2) (am) 3. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

AB133-ASA1-CA1, s. 2342yk Section 2342yk. 218.41 (3m) (b) 1. of the statutes is amended to read:

AB133-ASA1-CA1,561,11 218.41 (3m) (b) 1. A license shall be denied if the applicant fails to provide the any information required under sub. (2) (am) 1. a. or b.

AB133-ASA1-CA1, s. 2342yL Section 2342yL. 218.51 (3) (am) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,561,15 218.51 (3) (am) 1. (intro.) In addition to any other information required under par. (a) and except as provided in subd. 3., an application for a buyer identification card shall include the following:

AB133-ASA1-CA1, s. 2342ym Section 2342ym. 218.51 (3) (am) 3. of the statutes is created to read:

AB133-ASA1-CA1,561,24 218.51 (3) (am) 3. If an applicant for the issuance or renewal of a buyer identification card is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the buyer identification card, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any buyer identification card issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

AB133-ASA1-CA1, s. 2342yp Section 2342yp. 218.51 (4m) (b) 1. of the statutes is amended to read:

AB133-ASA1-CA1,562,2 218.51 (4m) (b) 1. A buyer identification card shall be denied if the applicant fails to provide the any information required under sub. (3) (am) 1. a. or b.".

AB133-ASA1-CA1,562,3 1333. Page 1193, line 3: after that line insert:

AB133-ASA1-CA1,562,4 " Section 2343d. 220.06 (1) of the statutes is amended to read:

AB133-ASA1-CA1,562,6 220.06 (1) In this section, "licensee" means a person licensed by the division under ch. 138, 217 or 218 or under s. 224.92.".

AB133-ASA1-CA1,562,8 1334. Page 1193, line 10: delete that line and substitute "The department may by rule establish fees to be".

AB133-ASA1-CA1,562,9 1335. Page 1193, line 17: delete lines 17 to 19.

AB133-ASA1-CA1,562,10 1336. Page 1193, line 19: after that line insert:

AB133-ASA1-CA1,562,11 " Section 2353c. 224.72 (2) (c) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,562,13 224.72 (2) (c) 1. (intro.) An Except as provided in par. (d), an application shall include the following:

AB133-ASA1-CA1, s. 2353e Section 2353e. 224.72 (2) (d) of the statutes is created to read:

AB133-ASA1-CA1,562,20 224.72 (2) (d) Social security number exceptions. 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a registration under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

AB133-ASA1-CA1,562,22 2. Any certificate of registration issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1. is invalid.

AB133-ASA1-CA1, s. 2353g Section 2353g. 224.72 (7m) (a) of the statutes is amended to read:

AB133-ASA1-CA1,563,2 224.72 (7m) (a) The applicant for the issuance or renewal has failed to provide the any information required under sub. (2) (c) 1.".

AB133-ASA1-CA1,563,3 1337. Page 1193, line 19: after that line insert:

AB133-ASA1-CA1,563,5 " Section 2353d. Subchapter IV of Chapter 224 [precedes 224.90] of the statutes is created to read:

AB133-ASA1-CA1,563,6 Chapter 224

AB133-ASA1-CA1,563,9 Subchapter IV Nondepository small business lenders

AB133-ASA1-CA1,563,10 224.90 Definitions. In this subchapter:

AB133-ASA1-CA1,563,11 (1) "Division" means the division of banking.

AB133-ASA1-CA1,563,12 (2) "In control" means any of the following:

AB133-ASA1-CA1,563,14 (a) Owning 10% or more of the outstanding voting stock of a nondepository lender.

AB133-ASA1-CA1,563,18 (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.

AB133-ASA1-CA1,563,19 (3) "Licensee" means a lender licensed under this subchapter.

AB133-ASA1-CA1,564,2 (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.

AB133-ASA1-CA1,564,4 224.92 License required. No person may engage in business as a nondepository lender in this state without a license issued under this subchapter.

AB133-ASA1-CA1,564,12 224.923 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.

AB133-ASA1-CA1,564,15 224.927 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:

AB133-ASA1-CA1,564,17 (1) The division may disclose the information to the department of revenue for the sole purpose of requesting certification under s. 73.0301.

AB133-ASA1-CA1,564,19 (2) The division may disclose the information to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB133-ASA1-CA1,564,25 224.93 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:

AB133-ASA1-CA1,565,2 (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.

AB133-ASA1-CA1,565,7 (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.

AB133-ASA1-CA1,565,9 (3) The business plan of the applicant will be honestly and efficiently conducted in accordance with the intent and purpose of this subchapter.

AB133-ASA1-CA1,565,11 (4) The proposed activity of the applicant possesses a reasonable prospect for success.