(c) The lessee cured the default.
(5) Request for voluntary surrender of property. A rental-purchase company may request the voluntary return or surrender of rental property prior to the declaration of a default and the sending of written notice of default and right to cure. A request under this subsection is subject to the requirements of s. 218.66.
218.66 Rental-purchase company collection practices. In attempting to recover possession of rental property or to collect past-due periodic rental payments or other charges owed under a rent-to-own agreement, a rental-purchase company may not do any of the following:
(1) Use of force. Use or threaten to use force or violence to cause physical harm to the lessee or the lessee's property or to a person related to the lessee.
(2) Criminal prosecution. Threaten criminal prosecution. It is not a violation of this subsection for a rental-purchase company to inform a lessee of the existence of s. 943.20 (1) (e) and the consequences of violating that section.
(3) Disclosure of false information. Disclose or threaten to disclose information adversely affecting the lessee's reputation for creditworthiness with knowledge or reason to know that the information is false.
(4) Communication with lessee's employer. Initiate or threaten to initiate communication with the lessee's employer prior to obtaining final judgment against the lessee, except for the purpose of enforcing an assignment of earnings authorized under s. 218.68. This subsection does not prohibit a rental-purchase company from communicating with a lessee's employer solely to verify employment status or earnings or to determine if the employer has an established debt counseling service or procedure.
(5) Disclosure of information relating to lessee's reputation. Disclose or threaten to disclose to a person other than the lessee or the lessee's spouse information affecting the lessee's reputation, whether or not for creditworthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information, except that this subsection does not prohibit any of the following:
(a) The disclosure to another person of information permitted to be disclosed to that person by statute.
(b) An inquiry solely for the purpose of determining the location of the lessee or the rental property.
(6) Disclosure of information regarding a disputed debt. Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the lessee without disclosing the fact that the lessee disputes the debt.
(7) Harassment. Communicate with the lessee or a person related to the lessee with such frequency, at such unusual hours, or in such a manner as can reasonably be expected to threaten or harass the lessee or a person related to the lessee, or engage in any other conduct that can reasonably be expected to threaten or harass the lessee or a person related to the lessee.
(8) Use of obscene or threatening language. Use obscene or threatening language in communicating with the lessee or a person related to the lessee.
(9) Use of threat to enforce false right. Threaten to enforce a right with knowledge that the right does not exist.
(10) Use of false process. Use a communication that simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, government agency, or attorney-at-law when it is not.
(11) Use of threat to sue. Threaten to file a civil action against the lessee unless the civil action is of a type that the rental-purchase company files in the regular course of business or unless the rental-purchase company intends to file the civil action against the lessee.
218.68 Assignment of earnings. No rental-purchase company may take or arrange for an assignment of earnings of an individual for payment or as security for payment of an obligation arising out of a rent-to-own agreement unless the assignment is revocable at will by the individual.
218.682 Penalties. (1)
Failure to pay fees and provide reports, information, and notices; generally. A licensee that fails to file its annual report by the date specified in s. 218.628 (1), fails to pay the annual license fee by the date specified in s. 218.622 (4), fails to provide any required rider or endorsement to increase the amount of its bond by the date specified in s. 218.622 (4), fails to provide examination records by the date required by the division, fails to notify the division in writing of a relocation of the licensee's place of business by the date specified in s. 218.626 (1), or fails to provide notice to the division of other changes as required under s. 218.626 (2) by the date specified in s. 218.626 (2) may be required to forfeit not more than $50. Each day that a failure described in this subsection continues constitutes a separate offense.
(2) Failure to provide certain information. A licensee that fails to provide any additional information, data, or records requested by the division under s. 218.626 (2) by the date specified in s. 218.626 (2) may be required to forfeit not more than $100. Each day that a failure described in this subsection continues constitutes a separate offense.
(3) Misdemeanors. Any person who violates s. 218.63 (2) or any provision of ss. 218.617 to 218.628 other than those provisions described in subs. (1) and (2) may be fined not more than $1,000, imprisoned for not more than 6 months, or both.
218.684 Civil actions and defenses. (1) Liability; generally. Except as provided under subs. (2) to (6), a rental-purchase company that violates any provision of this subchapter is liable to a lessee damaged as a result of that violation for the costs of the action and, notwithstanding s. 814.04 (1), for reasonable attorney fees as determined by the court, plus an amount equal to the greater of the following:
(a) The actual damages, including any incidental and consequential damages, sustained by the lessee as a result of the violation.
(b) An amount equal to 25% of the total amount of payments due in one month under the lessee's rent-to-own agreement, except that liability under this paragraph may not be less than $100 nor more than $1,000.
(2) Liability; certain violations. Except as provided in subs. (4) and (5), if a rental-purchase company violates s. 218.636, the lessee may retain the rental property under the rent-to-own agreement without obligation to pay any amount and may recover any amounts paid to the rental-purchase company under the rent-to-own agreement.
(3) Class action. In the case of a class action, a rental-purchase company that violates this subchapter is liable to the members of the class in an amount determined by the court, except that the total recovery for all lessees whose recovery is computed under sub. (1) (b) may not exceed $100,000 plus the costs of the action and, notwithstanding s. 814.04 (1), reasonable attorney fees as determined by the court. In determining the amount to award under this subsection, the court shall consider, among other relevant factors, the amount of actual damages sustained by the members of the class, the frequency and persistence of the violations by the rental-purchase company, the resources of the rental-purchase company, the number of persons damaged by the violation, the presence or absence of good faith on the part of the rental-purchase company, and the extent to which the violation was intentional.
(4) Defense; error notification and correction. A rental-purchase company is not liable for a violation of this subchapter resulting from an error by the rental-purchase company if, within 60 days after discovering the error, the rental-purchase company notifies the lessee of the error and makes any adjustments necessary to correct the error.
(5) Defense; unintentional error. A rental-purchase company is not liable for a violation of this subchapter if the rental-purchase company shows by a preponderance of the evidence that the violation was not intentional, that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, and that the rental-purchase company has acted to correct the error. A bona fide error under this subsection includes a clerical error, an error in making calculations, an error due to computer malfunction or to computer programming, or a printing error.
(6) Liability for multiple violations. Multiple violations of this subchapter in connection with the same rent-to-own agreement shall entitle the lessee to only a single recovery under sub. (1), except that a violation of s. 218.66 that occurs after recovery has been granted with respect to that rent-to-own agreement may entitle the lessee to an additional recovery under sub. (1).
(7) Necessary parties. If more than one lessee is a party to the same rent-to-own agreement, all of the lessees that are parties to the rent-to-own agreement shall be joined as plaintiffs in any action under sub. (1), and the lessees are entitled to only a single recovery under sub. (1).
218.686 Limitation on actions. An action brought by a lessee under this subchapter shall be commenced within one year after the date on which the alleged violation occurred, 2 years after the date on which the rent-to-own agreement was entered into, or one year after the date on which the last payment was made under the rent-to-own agreement, whichever is later.
218.688 Venue. (1) Generally. The venue for a claim arising out of a rent-to-own agreement is any of the following counties:
(a) Where the lessee resides or is personally served.
(b) Where the rental property is located.
(c) Where the lessee sought or acquired the rental property or signed the document evidencing his or her obligation under the terms of the rent-to-own agreement.
(2) Change in venue. When it appears from the return of service of a summons or otherwise that the county in which an action is pending under sub. (1) is not a proper place of trial for the action, unless the defendant appears and waives the improper venue, the court shall transfer the action to any county that is a proper place of trial.
(3) Multiple defendants. If there are several defendants in an action arising out of a rent-to-own agreement, and if venue is based on residence, venue may be in the county of residence of any of the defendants.
16,3021v
Section 3021v. 220.02 (2) (b) of the statutes is amended to read:
220.02 (2) (b) The lending of money under s. 138.09 or those relating to finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, rental-purchase companies, and collection agencies under ch. 218.
16,3021w
Section 3021w. 220.02 (3) of the statutes is amended to read:
220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, rental-purchase companies, and collection agencies, and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals, or otherwise, but to exclude laws relating to credit unions.
16,3023
Section 3023. 221.0320 (2) (a) (intro.) of the statutes is amended to read:
221.0320 (2) (a) (intro.) A liability secured by warehouse receipts issued by warehouse keepers licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal bonded warehouse act or holding a registration certificate license under ch. 127
s. 126.26, if all of the following requirements are met:
16,3024
Section 3024. 221.0320 (3) (a) of the statutes is amended to read:
221.0320 (3) (a) In this subsection, "local governmental unit" has the meaning given in s. 16.97 22.01 (7).
16,3024m
Section 3024m. 221.0616 (2) of the statutes is amended to read:
221.0616 (2) Experts. Legal counsel,
certified public accountants licensed or certified under ch. 442, or other persons as to matters that the director or officer believes in good faith are within the person's professional or expert competence.
16,3029
Section 3029. 224.71 (3) (b) 7. of the statutes is created to read:
224.71 (3) (b) 7. The department of veterans affairs when administering the veteran's housing loan program under subch. II of ch. 45.
16,3034d
Section 3034d. 227.20 (1) of the statutes is amended to read:
227.20 (1) An Within 30 days after legislative review of a rule is completed under s. 227.19, the agency shall file a certified copy of each the proposed rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.
16,3034j
Section 3034j. 227.24 (1) (c) of the statutes is amended to read:
227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 90 days.
16,3034k
Section 3034k. 227.24 (2) (a) of the statutes is amended to read:
227.24 (2) (a) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for a period specified by the committee not to exceed 60 90 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not exceed 120 180 days.
16,3035c
Section 3035c. 227.43 (1) (bd) of the statutes is created to read:
227.43 (1) (bd) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of forestry and which is not conducted by the secretary of forestry.
16,3035g
Section 3035g. 227.43 (2) (am) of the statutes is created to read:
227.43 (2) (am) The department of forestry shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bd) after the department of forestry is notified that a hearing on the matter is required.
16,3035n
Section 3035n. 227.43 (3) (am) of the statutes is created to read:
227.43 (3) (am) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of forestry by a hearing examiner under this section. The fees shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).
16,3035r
Section 3035r. 227.43 (4) (am) of the statutes is created to read:
227.43 (4) (am) The department of forestry shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (bd), according to the fees set under sub. (3) (am).
16,3035w
Section 3035w. 227.46 (8) of the statutes is amended to read:
227.46 (8) If the hearing examiner assigned under s. 227.43 (1) (b) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of natural resources may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (bd) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of forestry may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (br) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of transportation may petition for judicial review.
16,3035x
Section 3035x. 229.46 (1) (a) of the statutes is amended to read:
229.46 (1) (a) "Minority business" has the meaning given in s. 200.49 (1) (a) means a business that is certified by the department of commerce under s. 560.036 (2).
16,3036e
Section 3036e. 229.64 (2) of the statutes is amended to read:
229.64 (2) The legislature determines that a district including a county with a population of more than 500,000 600,000 serves a public purpose in that county and all counties that are contiguous to that county by providing recreation, by encouraging economic development and tourism, by reducing unemployment and by bringing needed capital into the multicounty area for the benefit of people in the multicounty area.
16,3036g
Section 3036g. 229.67 of the statutes is amended to read:
229.67 Jurisdiction. A district's jurisdiction is any county with a population of more than 500,000 600,000 and all counties that are contiguous to that county and that are not already included in a different district. Once created, a district's jurisdiction is fixed even if the population of other counties within the district subsequently exceed 500,000 exceeds 600,000. Once a county is included in a district's jurisdiction the county remains in the district until the district is dissolved under s. 229.71. In this section, "contiguous" includes a county that touches another county only at a corner.
16,3037m
Section 3037m. 229.685 (1) of the statutes is renumbered 229.685 (1) (intro.) and amended to read:
229.685 (1) (intro.) The district board shall maintain a special fund into which it deposits only the following revenue received from the department of revenue,:
(a) The revenue that is derived from the taxes imposed under subch. V of ch. 77, and may use this. The revenue described in this paragraph may be used only for purposes related to baseball park facilities.
16,3037n
Section 3037n. 229.685 (1) (b) of the statutes is created to read:
229.685 (1) (b) The revenue that is derived from baseball donations, as defined in s. 71.10 (5f) (a) 1. The revenue described in this paragraph may be used only for the purpose of retiring bonds issued for the initial construction of baseball park facilities.
16,3037p
Section 3037p. 229.70 (1) (a) of the statutes is amended to read:
229.70 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).
16,3037q
Section 3037q. 229.8273 (1) (b) of the statutes is amended to read:
229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).
16,3037r
Section 3037r. 229.845 (1) (a) of the statutes is amended to read:
229.845 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).
16,3038
Section 3038. 230.03 (3) of the statutes is amended to read:
230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under ch. chs. 231, 232, 233, 234 or, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.
16,3047p
Section 3047p. 230.08 (2) (dm) of the statutes is created to read:
230.08 (2) (dm) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm).
16,3048
Section 3048. 230.08 (2) (e) 1. of the statutes is amended to read:
230.08 (2) (e) 1. Administration — 12 10.
16,3050
Section 3050. 230.08 (2) (e) 3r. of the statutes is created to read:
230.08 (2) (e) 3r. Electronic government — 3.
