SB55-ASA1-AA1,1036,220
198.22
(13) Distribution system standards in Milwaukee County. When any
21such district is established in any county having a population of 500,000 or more and
22containing a city of the 1st class, no municipality in such district shall construct any
23part of its distribution system except according to the standard of sizes and grades
24of materials as used by such city of the 1st class, or the standards of the American
1waterworks association and the department of
natural resources environmental
2management.
SB55-ASA1-AA1,1036,54
200.01
(2) "Department" means the department of
natural resources 5environmental management.
SB55-ASA1-AA1,1036,127
200.11
(1) (e)
Annual report. The commission shall prepare annually a full and
8detailed report of its official transactions and expenses and of all presently planned
9additions and major changes in district facilities and services and shall file a copy
10of such report with the department of
natural resources environmental
11management, the department of health and family services and the governing bodies
12of all cities, villages and towns having territory in such district.
SB55-ASA1-AA1,1036,1714
200.27
(9) Annual report. The commission shall prepare annually a full report
15of its official transactions and expenditures and shall mail the report to the governor,
16to the secretary of
natural resources environmental management and to the
17governing body of each municipality.
SB55-ASA1-AA1,1037,219
200.29
(1) (c) 4. b. Any area not included within the redefined boundary under
20subd. 1. or 2. ceases to be a part of the district for all purposes upon the filing of a
21certified copy of the resolution describing the area not within the district with the
22clerk of each county in which the district is located. The commission shall also record
23the resolution with the register of deeds for each county in which the district is
24located, and file a certified copy of the resolution with the clerk of each city, village
1and town in the district and with the department of
natural resources environmental
2management.
SB55-ASA1-AA1,1037,104
200.29
(1) (d) 3. Any area added to the district under this paragraph becomes
5a part of the district for all purposes upon the filing of a certified copy of the resolution
6describing the area being added with the clerk of each county in which the district
7is located. The commission shall also record the resolution with the register of deeds
8for each county in which the district is located, and file certified copies with the clerk
9of each city, village and town in the district and with the department of
natural
10resources environmental management.
SB55-ASA1-AA1,1037,1812
200.35
(4) Delivery of deeds; DNR state permits. Upon application of the
13commission the proper officers of this state shall execute, acknowledge and deliver
14to the proper officers of the district any deed or other instrument as may be proper
15for the purpose of fully confirming the grants under subs. (2) and (3).
16Notwithstanding s. 30.05, the district may not commence an action under sub. (2) or
17(3) without obtaining all of the necessary permits from the department of
natural
18resources environmental management under ch. 30.
SB55-ASA1-AA1,1037,2320
200.35
(8) (a) Subject to s. 30.20 and to any applicable rule of the department
21of
natural resources environmental management, the commission may improve any
22river or stream within the district by deepening, widening or otherwise changing it
23as the commission finds necessary
in order to carry off surface or drainage water.
SB55-ASA1-AA1,1038,9
1200.35
(9) (b) The commission shall apply to the department of
natural
2resources environmental management for a permit for the diversion. Upon receipt
3of an application for a permit, the department shall fix a time, not more than 8 weeks
4after receiving the application, and a convenient place for a public hearing on the
5application. The department shall notify the commission of the time and place and
6the commission shall publish a notice of the time and place of the hearing once each
7week for 3 successive weeks before the hearing in at least one newspaper designated
8by the department of
natural resources environmental management and published
9in the district.
SB55-ASA1-AA1,1039,211
200.35
(9) (c) In addition to the publication required under par. (b) the
12commission, not less than 20 days prior to the hearing, shall mail a notice of the
13hearing to every person who has recorded an interest in any lands that are likely to
14be affected by the proposed diversion and whose post-office address can be
15ascertained by due diligence. The notice shall specify the time and place of the
16hearing, shall be accompanied by a general statement of the nature of the application
17and shall be forwarded to these persons by registered mail in a sealed and postpaid
18envelope properly addressed. The commission shall file proof of the publication and
19mailing of notice with the department of
natural resources environmental
20management. At the hearing or any adjournment thereof, the department of
natural
21resources environmental management shall consider the application and shall take
22evidence offered by the commission and other persons in support of or in opposition
23to the application. The department may require that the application be amended.
24If the department finds after the hearing that the application is in the public interest,
1will not violate public rights and will not pose an unreasonable risk to life, health or
2property, the department shall issue a permit to the commission.
SB55-ASA1-AA1,1039,74
200.35
(12) Disposal of treated sewage. Subject to any applicable rule of the
5department of
natural resources environmental management, the commission may
6dispose of treated sewage by commercial or charitable means and may expend an
7amount reasonably necessary for this purpose.
SB55-ASA1-AA1,1039,149
200.35
(14) (d) 1. The commission shall pay for the portion of the cost of a project
10constructed by the commission under this subsection which equals the difference
11between the cost of disposing of the waste rock at a disposal site which is approved
12by the department of
natural resources environmental management and which is
13outside of the district's service area and the cost of disposing of the waste rock in the
14project.
SB55-ASA1-AA1,1039,2416
200.47
(2) (a) Except as provided in par. (b), all work done and all purchases
17of supplies and materials by the commission shall be by contract awarded to the
18lowest responsible bidder complying with the invitation to bid, if the work or
19purchase involves an expenditure of $20,000 or more. If the commission decides to
20proceed with construction of any sewer after plans and specifications for the sewer
21are completed and approved by the commission and by the department of
natural
22resources environmental management under ch. 281, the commission shall
23advertise by a class 2 notice under ch. 985 for construction bids. All contracts and
24the awarding of contracts are subject to s. 66.0901.
SB55-ASA1-AA1,1040,8
1200.49
(7) (b) The executive director shall submit the plan to the secretary of
2natural resources environmental management for review and comment. The
3secretary of
natural resources environmental management shall provide the
4executive director with comments or recommendations for changes in the plan, if any,
5within 30 days after the plan is submitted. No contracts may be awarded under sub.
6(5) until 30 days after the date the plan is submitted to the secretary of
natural
7resources environmental management or until the date the executive director
8receives the secretary's comments or recommendations, whichever is earlier.".
SB55-ASA1-AA1,1041,6
11198.167 Certified public accountant; annual report. The directors of the
12district shall employ annually the commission or a certified public accountant
13licensed or certified under ch. 442 approved by said commission who shall be
14qualified to, and who shall with all due diligence, examine and report upon the
15system of accounts kept by the district, all the contracts of whatsoever kind made and
16entered into by the board of directors within the year immediately preceding, and the
17properties and investments of the district.
Said
The certified public accountant shall
18in the report make such recommendations and suggestions as to the
certified public 19accountant shall seem proper and required for the good of the district, and the
20efficient and economical or advantageous management and operation of the public
21utility or utilities of the district; and the
certified public accountant shall in the
22report make such recommendations and suggestions as to the system of accounts
23kept, or in the
certified public accountant's judgment to be kept, by the district, in
24connection with each public utility, the classification of the public utilities of the
1district and the establishment of a system of accounts for each class, the manner in
2which such accounts shall be kept, the form of accounts, records, and memoranda
3kept or to be kept, including accounts, records, and memoranda of receipts and
4expenditures of money, and depreciation and sinking fund accounts, as in the
5certified public accountant's judgment may be proper and necessary, and shall not
6conflict with the requirements of the commission.
SB55-ASA1-AA1,1041,168
214.76
(2) The
certified public accountant shall deliver the audit report to a
9committee composed of 3 or more members of the board of directors, none of whom
10may be an officer, employee or agent of the savings bank. The committee shall
11present the nature, extent and conclusions of the report at the next meeting of the
12board of directors. A written summary of the committee's presentation, together
13with a copy of the audit report and a list of all criticisms made by the
certified public 14accountant conducting the audit and any response of any member of the board of
15directors or any officer of the savings bank, shall be personally served or sent by
16certified mail to all members of the board of directors.
SB55-ASA1-AA1,1041,23
17(4) The audit report filed with the division shall be certified by the
certified
18public accountant conducting the audit. If a savings bank fails to cause an audit to
19be made, the division shall order an audit to be made by an independent certified
20public accountant at the savings bank's expense. Instead of the audit required under
21sub. (1), the division may accept an audit or portion of an audit made exclusively for
22a deposit insurance corporation or for a financial regulator of another state if the
23home office of the savings bank is located in that state.
SB55-ASA1-AA1,1042,3
1215.523
(2) Legal counsel,
certified public accountants
licensed or certified
2under ch. 442, or other persons as to matters the director or officer believes in good
3faith are within the person's professional or expert competence.
SB55-ASA1-AA1,1042,245
217.08
(2) Annual license fee; additions and deletions of locations. Each
6licensee shall file with the division on or before December 1 of each year a statement
7listing the locations of the offices of the licensee and the names and locations of the
8agents authorized by the licensee. Every licensee shall also on or before December
91 of each year file a financial statement of its assets and liabilities as of a date not
10earlier than the preceding August 31 or, if the licensee is audited annually by an
11independent
certified public accountant
licensed or certified under ch. 442 at the end
12of each fiscal year, the licensee may submit financial statements certified by
said the
13certified public accountant for the licensee's latest fiscal year. Such statement shall
14be accompanied by the annual licensee fee for the calendar year beginning the
15following January 1 in an amount determined under s. 217.05. The amount of the
16surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect
17the number of such locations. Licensees which do not pay the maximum license fee
18under s. 217.05 and which do not maintain a bond or deposit of securities in the
19maximum sum of $300,000 as provided in s. 217.06 shall also file a supplemental
20statement setting forth any changes in the list of offices and agents with the division
21on or before April 1, July 1 and October 1 of each year, and the principal sum of the
22corporate surety bond or deposit of securities required by s. 217.06 shall be adjusted
23to reflect any increase or decrease in the number of such locations. Any additional
24license fees which may become due under s. 217.05 shall be paid to the division.".
SB55-ASA1-AA1,1043,53
220.04
(9) (a) 2. "Regulated entity" means a bank,
universal bank, trust
4company bank
, and any other entity
which that is described in s. 220.02 (2) or
5221.0526 as under the supervision and control of the division.
SB55-ASA1-AA1,1043,87
220.14
(5) Contain a statement of the total number of orders issued by the
8division during the year under s. 222.0203 (2).".
SB55-ASA1-AA1,1043,1611
CHAPTER 218
12
FINANCE COMPANIES, AUTO
13
DEALERS, ADJUSTMENT COMPANIES
14
and, collection agencies,
15rental-purchase companies, and
16
rent-to-own agreements
SB55-ASA1-AA1, s. 3020f
17Section 3020f. Subchapter XI of chapter 218 [precedes 218.61] of the statutes
18is created to read:
SB55-ASA1-AA1,1043,2220
Subchapter XI
21
Rental-purchase companies and
22
Rent-to-own agreements
SB55-ASA1-AA1,1043,23
23218.61 Definitions. In this subchapter:
SB55-ASA1-AA1,1044,2
1(1) "Division" means the division of banking in the department of financial
2institutions.
SB55-ASA1-AA1,1044,4
3(2) "Lessee" means an individual who rents personal property under a
4rent-to-own agreement.
SB55-ASA1-AA1,1044,6
5(3) "Licensee" means a rental-purchase company holding a license issued by
6the division under this subchapter.
SB55-ASA1-AA1,1044,8
7(4) "Rental property" means personal property rented under a rent-to-own
8agreement.
SB55-ASA1-AA1,1044,11
9(5) "Rental-purchase company" means a person engaged in the business of
10entering into rent-to-own agreements in this state or acquiring or servicing
11rent-to-own agreements that are entered into in this state.
SB55-ASA1-AA1,1044,14
12(6) "Rent-to-own agreement" means an agreement between a
13rental-purchase company and a lessee for the use of personal property if all of the
14following conditions are met:
SB55-ASA1-AA1,1044,1615
(a) The personal property that is rented under the agreement is to be used
16primarily for personal, family, or household purposes.
SB55-ASA1-AA1,1044,1817
(b) The agreement has an initial term of 4 months or less and is automatically
18renewable with each payment after the initial term.
SB55-ASA1-AA1,1044,2019
(c) The agreement does not obligate or require the lessee to renew the
20agreement beyond the initial term.
SB55-ASA1-AA1,1044,2221
(d) The agreement permits, but does not obligate, the lessee to acquire
22ownership of the personal property.
SB55-ASA1-AA1,1045,2
23218.612 Scope. (1) Inapplicability of other laws. A rent-to-own agreement
24under this subchapter is not governed by the laws relating to a security interest, as
1defined in s. 401.201 (37), or a lease, as defined in s. 411.103 (1) (j), and is not
2governed by chs. 421 to 427 and 429.
SB55-ASA1-AA1,1045,3
3(2) Exclusions. This subchapter does not apply to any of the following:
SB55-ASA1-AA1,1045,54
(a) A lease or bailment of personal property that is incidental to the lease of real
5property.
SB55-ASA1-AA1,1045,66
(b) A lease of a motor vehicle, as defined in s. 218.0101 (22).
SB55-ASA1-AA1,1045,87(c) A credit sale, as defined in
15 USC 1602 (g) and in the regulations
8promulgated under that section.
SB55-ASA1-AA1,1045,10
9218.614 Territorial application. For the purposes of this subchapter, a
10rent-to-own agreement is entered into in this state if any of the following applies:
SB55-ASA1-AA1,1045,13
11(1) A writing signed by a lessee and evidencing the obligation under the
12rent-to-own agreement or an offer of a lessee is received by a rental-purchase
13company in this state.
SB55-ASA1-AA1,1045,16
14(2) The rental-purchase company induces a lessee who is a resident of this
15state to enter into the rent-to-own agreement by face-to-face solicitation or by mail
16or telephone solicitation directed to the particular lessee in this state.
SB55-ASA1-AA1,1045,20
17218.616 Obligation of good faith. Every agreement or duty under this
18subchapter imposes an obligation of good faith in its performance or enforcement.
19In this section, "good faith" means honesty in fact in the conduct or transaction
20concerned and the observance of reasonable commercial standards of fair dealing.
SB55-ASA1-AA1,1045,22
21218.617 License required. No person may operate as a rental-purchase
22company without a valid license issued by the division under this subchapter.
SB55-ASA1-AA1,1046,2
23218.618 Application for license; fees; bond. (1) Application. (a) An
24application for a license under this subchapter shall be made to the division, in
1writing, in the form prescribed by the division. An application for a license under this
2subchapter shall include all of the following:
SB55-ASA1-AA1,1046,33
1. If the applicant is an individual, the applicant's social security number.
SB55-ASA1-AA1,1046,54
2. If the applicant is not an individual, the applicant's federal employer
5identification number.
SB55-ASA1-AA1,1046,76
(b) The division may not disclose any information received under par. (a) 1. or
72. to any person except as follows:
SB55-ASA1-AA1,1046,108
1. The division may disclose information received under par. (a) 1. or 2. to the
9department of revenue for the sole purpose of requesting certifications under s.
1073.0301.
SB55-ASA1-AA1,1046,1311
2. The division may disclose information received under par. (a) 1. to the
12department of workforce development in accordance with a memorandum of
13understanding entered into under s. 49.857.
SB55-ASA1-AA1,1046,16
14(2) Application fees. At the time of applying to the division for a license under
15this subchapter, the applicant shall pay any applicable fee specified in the rules
16promulgated under s. 218.63 (3).
SB55-ASA1-AA1,1046,19
17(3) Bond. The division may require any applicant or licensee to file with the
18division and maintain in force a bond, in a form prescribed by and acceptable to the
19division, and in an amount determined by the division.
SB55-ASA1-AA1,1047,2
20218.62 Issuance or denial of license. (1) Investigation. Upon the filing
21of an application under s. 218.618 (1) and the payment of any applicable fee, the
22division shall perform an investigation. Except as provided in sub. (3), if the division
23finds that the character, general fitness, and financial responsibility of the applicant;
24the members of the applicant, if the applicant is a partnership, limited liability
25company, or association; and the officers and directors of the applicant, if the
1applicant is a corporation warrant the belief that the business will be operated in
2compliance with this subchapter, the division shall issue a license to the applicant.
SB55-ASA1-AA1,1047,8
3(2) D
enial; notice; hearing. Except as provided in sub. (3), the division may
4deny an application made under s. 218.618 (1) by providing written notice to the
5applicant stating the grounds for the denial. Except as provided in sub. (3), a person
6whose application is denied may request a hearing under s. 227.44 within 30 days
7after the date of denial. The division may appoint a hearing examiner under s. 227.46
8to conduct the hearing.
SB55-ASA1-AA1,1047,10
9(3) Denial; child or family support or tax delinquency. The division may not
10issue a license under this subchapter if any of the following applies:
SB55-ASA1-AA1,1047,1211
(a) The applicant fails to provide the information required under s. 218.618 (1)
12(a).
SB55-ASA1-AA1,1047,1713
(b) The department of revenue certifies under s. 73.0301 that the applicant is
14liable for delinquent taxes. An applicant for whom a license is not issued under this
15paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and
16a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing
17under this section.
SB55-ASA1-AA1,1048,218
(c) The applicant fails to comply, after appropriate notice, with a subpoena or
19warrant issued by the department of workforce development or a county child
20support agency under s. 59.53 (5) and related to paternity or child support
21proceedings or is delinquent in making court-ordered payments of child or family
22support, maintenance, birth expenses, medical expenses, or other expenses related
23to the support of a child or former spouse, as provided in a memorandum of
24understanding entered into under s. 49.857. An applicant whose application is
25denied under this paragraph for delinquent payments is entitled to a notice and
1hearing under s. 49.857 but is not entitled to any other notice or hearing under this
2section.
SB55-ASA1-AA1,1048,6
3218.622 License; other business. (1)
Licensed locations. A license issued
4under this subchapter shall specify the location at which the licensee is permitted
5to conduct business. A separate license shall be required for each place of business
6maintained by the licensee.
SB55-ASA1-AA1,1048,7
7(2) Assignment. A license issued under this subchapter is not assignable.
SB55-ASA1-AA1,1048,9
8(3) Posting. A licensee shall post its license in a conspicuous place at the
9location specified in the license.
SB55-ASA1-AA1,1048,15
10(4) Term of license; fee. Every license shall remain in force until suspended
11or revoked in accordance with this subchapter or surrendered by the licensee. Every
12licensee shall, on or before June 1 of each year, pay to the division the annual license
13fee specified in rules promulgated under s. 218.63 (3) and, if required by the division,
14provide a rider or endorsement to increase the amount of any bond required under
15s. 218.618 (3).
SB55-ASA1-AA1,1048,19
16(5) Other business prohibited. No licensee may conduct business as a
17rental-purchase company within any office, room, or place of business in which any
18other business is solicited or engaged in, unless the licensee is authorized to do so,
19in writing, by the division.
SB55-ASA1-AA1,1048,23
20218.624 Revocation, suspension, and restriction of license. (1) 21Discretionary suspension or revocation. The division may issue an order
22suspending or revoking any license issued under this subchapter if the division finds
23that any of the following applies: