Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 3020f Section 3020f. 200.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1036,12 200.11 (1) (e) Annual report. The commission shall prepare annually a full and detailed report of its official transactions and expenses and of all presently planned additions and major changes in district facilities and services and shall file a copy of such report with the department of natural resources environmental management, the department of health and family services and the governing bodies of all cities, villages and towns having territory in such district.

SB55-ASA1-AA1, s. 3020g Section 3020g. 200.27 (9) of the statutes is amended to read:

SB55-ASA1-AA1,1036,17 200.27 (9) Annual report. The commission shall prepare annually a full report of its official transactions and expenditures and shall mail the report to the governor, to the secretary of natural resources environmental management and to the governing body of each municipality.

SB55-ASA1-AA1, s. 3020h Section 3020h. 200.29 (1) (c) 4. b. of the statutes is amended to read:

SB55-ASA1-AA1,1037,2 200.29 (1) (c) 4. b. Any area not included within the redefined boundary under subd. 1. or 2. ceases to be a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area not within the district with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file a certified copy of the resolution with the clerk of each city, village and town in the district and with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020i Section 3020i. 200.29 (1) (d) 3. of the statutes is amended to read:

SB55-ASA1-AA1,1037,10 200.29 (1) (d) 3. Any area added to the district under this paragraph becomes a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area being added with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file certified copies with the clerk of each city, village and town in the district and with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020j Section 3020j. 200.35 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1037,18 200.35 (4) Delivery of deeds; DNR state permits. Upon application of the commission the proper officers of this state shall execute, acknowledge and deliver to the proper officers of the district any deed or other instrument as may be proper for the purpose of fully confirming the grants under subs. (2) and (3). Notwithstanding s. 30.05, the district may not commence an action under sub. (2) or (3) without obtaining all of the necessary permits from the department of natural resources environmental management under ch. 30.

SB55-ASA1-AA1, s. 3020k Section 3020k. 200.35 (8) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1037,23 200.35 (8) (a) Subject to s. 30.20 and to any applicable rule of the department of natural resources environmental management, the commission may improve any river or stream within the district by deepening, widening or otherwise changing it as the commission finds necessary in order to carry off surface or drainage water.

SB55-ASA1-AA1, s. 3020L Section 3020L. 200.35 (9) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1038,9 200.35 (9) (b) The commission shall apply to the department of natural resources environmental management for a permit for the diversion. Upon receipt of an application for a permit, the department shall fix a time, not more than 8 weeks after receiving the application, and a convenient place for a public hearing on the application. The department shall notify the commission of the time and place and the commission shall publish a notice of the time and place of the hearing once each week for 3 successive weeks before the hearing in at least one newspaper designated by the department of natural resources environmental management and published in the district.

SB55-ASA1-AA1, s. 3020n Section 3020n. 200.35 (9) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1039,2 200.35 (9) (c) In addition to the publication required under par. (b) the commission, not less than 20 days prior to the hearing, shall mail a notice of the hearing to every person who has recorded an interest in any lands that are likely to be affected by the proposed diversion and whose post-office address can be ascertained by due diligence. The notice shall specify the time and place of the hearing, shall be accompanied by a general statement of the nature of the application and shall be forwarded to these persons by registered mail in a sealed and postpaid envelope properly addressed. The commission shall file proof of the publication and mailing of notice with the department of natural resources environmental management. At the hearing or any adjournment thereof, the department of natural resources environmental management shall consider the application and shall take evidence offered by the commission and other persons in support of or in opposition to the application. The department may require that the application be amended. If the department finds after the hearing that the application is in the public interest, will not violate public rights and will not pose an unreasonable risk to life, health or property, the department shall issue a permit to the commission.

SB55-ASA1-AA1, s. 3020p Section 3020p. 200.35 (12) of the statutes is amended to read:

SB55-ASA1-AA1,1039,7 200.35 (12) Disposal of treated sewage. Subject to any applicable rule of the department of natural resources environmental management, the commission may dispose of treated sewage by commercial or charitable means and may expend an amount reasonably necessary for this purpose.

SB55-ASA1-AA1, s. 3020q Section 3020q. 200.35 (14) (d) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1039,14 200.35 (14) (d) 1. The commission shall pay for the portion of the cost of a project constructed by the commission under this subsection which equals the difference between the cost of disposing of the waste rock at a disposal site which is approved by the department of natural resources environmental management and which is outside of the district's service area and the cost of disposing of the waste rock in the project.

SB55-ASA1-AA1, s. 3020r Section 3020r. 200.47 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1039,24 200.47 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources environmental management under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

SB55-ASA1-AA1, s. 3020s Section 3020s. 200.49 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1040,8 200.49 (7) (b) The executive director shall submit the plan to the secretary of natural resources environmental management for review and comment. The secretary of natural resources environmental management shall provide the executive director with comments or recommendations for changes in the plan, if any, within 30 days after the plan is submitted. No contracts may be awarded under sub. (5) until 30 days after the date the plan is submitted to the secretary of natural resources environmental management or until the date the executive director receives the secretary's comments or recommendations, whichever is earlier.".

SB55-ASA1-AA1,1040,9 1545. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1040,10 " Section 3020d. 198.167 of the statutes is amended to read:

SB55-ASA1-AA1,1041,6 198.167 Certified public accountant; annual report. The directors of the district shall employ annually the commission or a certified public accountant licensed or certified under ch. 442 approved by said commission who shall be qualified to, and who shall with all due diligence, examine and report upon the system of accounts kept by the district, all the contracts of whatsoever kind made and entered into by the board of directors within the year immediately preceding, and the properties and investments of the district. Said The certified public accountant shall in the report make such recommendations and suggestions as to the certified public accountant shall seem proper and required for the good of the district, and the efficient and economical or advantageous management and operation of the public utility or utilities of the district; and the certified public accountant shall in the report make such recommendations and suggestions as to the system of accounts kept, or in the certified public accountant's judgment to be kept, by the district, in connection with each public utility, the classification of the public utilities of the district and the establishment of a system of accounts for each class, the manner in which such accounts shall be kept, the form of accounts, records, and memoranda kept or to be kept, including accounts, records, and memoranda of receipts and expenditures of money, and depreciation and sinking fund accounts, as in the certified public accountant's judgment may be proper and necessary, and shall not conflict with the requirements of the commission.

SB55-ASA1-AA1, s. 3020h Section 3020h. 214.76 (2) and (4) of the statutes are amended to read:

SB55-ASA1-AA1,1041,16 214.76 (2) The certified public accountant shall deliver the audit report to a committee composed of 3 or more members of the board of directors, none of whom may be an officer, employee or agent of the savings bank. The committee shall present the nature, extent and conclusions of the report at the next meeting of the board of directors. A written summary of the committee's presentation, together with a copy of the audit report and a list of all criticisms made by the certified public accountant conducting the audit and any response of any member of the board of directors or any officer of the savings bank, shall be personally served or sent by certified mail to all members of the board of directors.

SB55-ASA1-AA1,1041,23 (4) The audit report filed with the division shall be certified by the certified public accountant conducting the audit. If a savings bank fails to cause an audit to be made, the division shall order an audit to be made by an independent certified public accountant at the savings bank's expense. Instead of the audit required under sub. (1), the division may accept an audit or portion of an audit made exclusively for a deposit insurance corporation or for a financial regulator of another state if the home office of the savings bank is located in that state.

SB55-ASA1-AA1, s. 3020p Section 3020p. 215.523 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1042,3 215.523 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-ASA1-AA1, s. 3020t Section 3020t. 217.08 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1042,24 217.08 (2) Annual license fee; additions and deletions of locations. Each licensee shall file with the division on or before December 1 of each year a statement listing the locations of the offices of the licensee and the names and locations of the agents authorized by the licensee. Every licensee shall also on or before December 1 of each year file a financial statement of its assets and liabilities as of a date not earlier than the preceding August 31 or, if the licensee is audited annually by an independent certified public accountant licensed or certified under ch. 442 at the end of each fiscal year, the licensee may submit financial statements certified by said the certified public accountant for the licensee's latest fiscal year. Such statement shall be accompanied by the annual licensee fee for the calendar year beginning the following January 1 in an amount determined under s. 217.05. The amount of the surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect the number of such locations. Licensees which do not pay the maximum license fee under s. 217.05 and which do not maintain a bond or deposit of securities in the maximum sum of $300,000 as provided in s. 217.06 shall also file a supplemental statement setting forth any changes in the list of offices and agents with the division on or before April 1, July 1 and October 1 of each year, and the principal sum of the corporate surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect any increase or decrease in the number of such locations. Any additional license fees which may become due under s. 217.05 shall be paid to the division.".

SB55-ASA1-AA1,1043,1 1546. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1043,2 " Section 3021. 220.04 (9) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1043,5 220.04 (9) (a) 2. "Regulated entity" means a bank, universal bank, trust company bank, and any other entity which that is described in s. 220.02 (2) or 221.0526 as under the supervision and control of the division.

SB55-ASA1-AA1, s. 3022 Section 3022. 220.14 (5) of the statutes is created to read:

SB55-ASA1-AA1,1043,8 220.14 (5) Contain a statement of the total number of orders issued by the division during the year under s. 222.0203 (2).".

SB55-ASA1-AA1,1043,9 1547. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1043,10 " Section 3020d. Chapter 218 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1043,16 CHAPTER 218 FINANCE COMPANIES, AUTO DEALERS, ADJUSTMENT COMPANIES and, collection agencies, rental-purchase companies, and rent-to-own agreements

SB55-ASA1-AA1, s. 3020f Section 3020f. Subchapter XI of chapter 218 [precedes 218.61] of the statutes is created to read:

SB55-ASA1-AA1,1043,19 CHAPTER 218

SB55-ASA1-AA1,1043,22 Subchapter XI Rental-purchase companies and Rent-to-own agreements

SB55-ASA1-AA1,1043,23 218.61 Definitions. In this subchapter:

SB55-ASA1-AA1,1044,2 (1) "Division" means the division of banking in the department of financial institutions.

SB55-ASA1-AA1,1044,4 (2) "Lessee" means an individual who rents personal property under a rent-to-own agreement.

SB55-ASA1-AA1,1044,6 (3) "Licensee" means a rental-purchase company holding a license issued by the division under this subchapter.

SB55-ASA1-AA1,1044,8 (4) "Rental property" means personal property rented under a rent-to-own agreement.

SB55-ASA1-AA1,1044,11 (5) "Rental-purchase company" means a person engaged in the business of entering into rent-to-own agreements in this state or acquiring or servicing rent-to-own agreements that are entered into in this state.

SB55-ASA1-AA1,1044,14 (6) "Rent-to-own agreement" means an agreement between a rental-purchase company and a lessee for the use of personal property if all of the following conditions are met:

SB55-ASA1-AA1,1044,16 (a) The personal property that is rented under the agreement is to be used primarily for personal, family, or household purposes.

SB55-ASA1-AA1,1044,18 (b) The agreement has an initial term of 4 months or less and is automatically renewable with each payment after the initial term.

SB55-ASA1-AA1,1044,20 (c) The agreement does not obligate or require the lessee to renew the agreement beyond the initial term.

SB55-ASA1-AA1,1044,22 (d) The agreement permits, but does not obligate, the lessee to acquire ownership of the personal property.

SB55-ASA1-AA1,1045,2 218.612 Scope. (1) Inapplicability of other laws. A rent-to-own agreement under this subchapter is not governed by the laws relating to a security interest, as defined in s. 401.201 (37), or a lease, as defined in s. 411.103 (1) (j), and is not governed by chs. 421 to 427 and 429.

SB55-ASA1-AA1,1045,3 (2) Exclusions. This subchapter does not apply to any of the following:

SB55-ASA1-AA1,1045,5 (a) A lease or bailment of personal property that is incidental to the lease of real property.

SB55-ASA1-AA1,1045,6 (b) A lease of a motor vehicle, as defined in s. 218.0101 (22).

SB55-ASA1-AA1,1045,8 (c) A credit sale, as defined in 15 USC 1602 (g) and in the regulations promulgated under that section.

SB55-ASA1-AA1,1045,10 218.614 Territorial application. For the purposes of this subchapter, a rent-to-own agreement is entered into in this state if any of the following applies:

SB55-ASA1-AA1,1045,13 (1) A writing signed by a lessee and evidencing the obligation under the rent-to-own agreement or an offer of a lessee is received by a rental-purchase company in this state.

SB55-ASA1-AA1,1045,16 (2) The rental-purchase company induces a lessee who is a resident of this state to enter into the rent-to-own agreement by face-to-face solicitation or by mail or telephone solicitation directed to the particular lessee in this state.

SB55-ASA1-AA1,1045,20 218.616 Obligation of good faith. Every agreement or duty under this subchapter imposes an obligation of good faith in its performance or enforcement. In this section, "good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

SB55-ASA1-AA1,1045,22 218.617 License required. No person may operate as a rental-purchase company without a valid license issued by the division under this subchapter.

SB55-ASA1-AA1,1046,2 218.618 Application for license; fees; bond. (1) Application. (a) An application for a license under this subchapter shall be made to the division, in writing, in the form prescribed by the division. An application for a license under this subchapter shall include all of the following:

SB55-ASA1-AA1,1046,3 1. If the applicant is an individual, the applicant's social security number.

SB55-ASA1-AA1,1046,5 2. If the applicant is not an individual, the applicant's federal employer identification number.

SB55-ASA1-AA1,1046,7 (b) The division may not disclose any information received under par. (a) 1. or 2. to any person except as follows:

SB55-ASA1-AA1,1046,10 1. The division may disclose information received under par. (a) 1. or 2. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB55-ASA1-AA1,1046,13 2. The division may disclose information received under par. (a) 1. to the department of workforce development in accordance with a memorandum of understanding entered into under s. 49.857.

SB55-ASA1-AA1,1046,16 (2) Application fees. At the time of applying to the division for a license under this subchapter, the applicant shall pay any applicable fee specified in the rules promulgated under s. 218.63 (3).

SB55-ASA1-AA1,1046,19 (3) Bond. The division may require any applicant or licensee to file with the division and maintain in force a bond, in a form prescribed by and acceptable to the division, and in an amount determined by the division.

SB55-ASA1-AA1,1047,2 218.62 Issuance or denial of license. (1) Investigation. Upon the filing of an application under s. 218.618 (1) and the payment of any applicable fee, the division shall perform an investigation. Except as provided in sub. (3), if the division finds that the character, general fitness, and financial responsibility of the applicant; the members of the applicant, if the applicant is a partnership, limited liability company, or association; and the officers and directors of the applicant, if the applicant is a corporation warrant the belief that the business will be operated in compliance with this subchapter, the division shall issue a license to the applicant.

SB55-ASA1-AA1,1047,8 (2) Denial; notice; hearing. Except as provided in sub. (3), the division may deny an application made under s. 218.618 (1) by providing written notice to the applicant stating the grounds for the denial. Except as provided in sub. (3), a person whose application is denied may request a hearing under s. 227.44 within 30 days after the date of denial. The division may appoint a hearing examiner under s. 227.46 to conduct the hearing.

SB55-ASA1-AA1,1047,10 (3) Denial; child or family support or tax delinquency. The division may not issue a license under this subchapter if any of the following applies:

SB55-ASA1-AA1,1047,12 (a) The applicant fails to provide the information required under s. 218.618 (1) (a).

SB55-ASA1-AA1,1047,17 (b) The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant for whom a license is not issued under this paragraph for delinquent taxes 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 any other notice or hearing under this section.

SB55-ASA1-AA1,1048,2 (c) The applicant fails 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 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 is denied under this paragraph for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB55-ASA1-AA1,1048,6 218.622 License; other business. (1) Licensed locations. A license issued under this subchapter shall specify the location at which the licensee is permitted to conduct business. A separate license shall be required for each place of business maintained by the licensee.

SB55-ASA1-AA1,1048,7 (2) Assignment. A license issued under this subchapter is not assignable.

SB55-ASA1-AA1,1048,9 (3) Posting. A licensee shall post its license in a conspicuous place at the location specified in the license.

SB55-ASA1-AA1,1048,15 (4) Term of license; fee. Every license shall remain in force until suspended or revoked in accordance with this subchapter or surrendered by the licensee. Every licensee shall, on or before June 1 of each year, pay to the division the annual license fee specified in rules promulgated under s. 218.63 (3) and, if required by the division, provide a rider or endorsement to increase the amount of any bond required under s. 218.618 (3).

SB55-ASA1-AA1,1048,19 (5) Other business prohibited. No licensee may conduct business as a rental-purchase company within any office, room, or place of business in which any other business is solicited or engaged in, unless the licensee is authorized to do so, in writing, by the division.

SB55-ASA1-AA1,1048,23 218.624 Revocation, suspension, and restriction of license. (1) Discretionary suspension or revocation. The division may issue an order suspending or revoking any license issued under this subchapter if the division finds that any of the following applies:

SB55-ASA1-AA1,1049,3 (a) The licensee has violated any of the provisions of this subchapter, any rules promulgated under s. 218.63 (3), or any lawful order of the division under s. 218.63 (1).

SB55-ASA1-AA1,1049,6 (b) A fact or condition exists that, if it had existed at the time of the original application for the license, would have warranted the division in refusing to issue the license.

SB55-ASA1-AA1,1049,8 (c) The licensee has made a material misstatement in an application for a license or in information furnished to the division.