SB27-SSA1,1129,1514
138.16
(1) (bm) "Licensed location" means the location specified in a license
15issued under s. 138.09 (1m) (a).
SB27-SSA1,1129,2117
138.16
(1) (c) "Title loan" means a loan of $25,000 or less to a borrower, who
18obtains or seeks to obtain the loan for personal, family, or household purposes, that
19is, or is to be, secured by an interest, other than a purchase money security interest,
20in the borrower's motor vehicle
, and that has an original term of not more than 6
21months.
SB27-SSA1,1130,223
138.16
(1m) Certificate of authorization. (a) Before a licensed lender may
24make title loans under this section, the licensed lender shall first obtain from the
1division, for each licensed location at which any title loan is to be made, a certificate
2authorizing the licensed lender to make title loans from that location.
SB27-SSA1,1130,83
(b) At the time of making an application for a certificate under par. (a), an
4applicant shall pay to the division an initial annual fee of $5,000. The valid period
5for the certificate shall be a calendar year and each certificate shall expire on the last
6day of the calendar year. To renew a certificate, the certificate holder shall, on or
7before December 10 of the year in which the certificate is to expire, pay to the division
8an annual renewal fee of $5,000 for the following calendar year.
SB27-SSA1, s. 2637kh
9Section 2637kh. 138.16 (2) of the statutes is renumbered 138.16 (2) (a) and
10amended to read:
SB27-SSA1,1130,1611
138.16
(2) (a) No licensed lender may make a title loan
to a borrower that
12results in the borrower having liability for the loan, in principal, of more than 50
13percent of the retail value of the motor vehicle used as security for the loan. The
14division shall promulgate rules for determining the retail value of a motor vehicle for
15purposes of this paragraph, including rules specifying nationally recognized pricing
16guides that may be used for determining retail value at the time of loan origination.
SB27-SSA1,1130,1918
138.16
(2) (b) 1. This section imposes no limit on the interest that a licensed
19lender may charge before the maturity date of a title loan.
SB27-SSA1,1130,2520
2. If a title loan is not paid in full on or before the maturity date, a licensed
21lender may charge, after the maturity date, interest at a rate not exceeding 2.75
22percent per month. Interest earned under this subdivision shall be calculated at the
23rate of one-thirtieth of the monthly rate charged for each calendar day that the
24balance of the loan is outstanding. Interest may not be assessed on any interest
25earned under this subdivision.
SB27-SSA1,1131,72
138.16
(3) Rescission. A borrower may rescind a title loan, before the close of
3business on the next day of business after the loan is made, or, if the place of business
4where the loan is made is open 24 hours, before 5 p.m. on the next day of business
5after the loan is made, by returning to the licensed lender the proceeds of the loan.
6The licensed lender may not charge the borrower any fee for rescinding the title loan
7as provided in this subsection.
SB27-SSA1,1131,119
138.16
(4) Other requirements. (a) A licensed lender may not make a title loan
10to a borrower that is secured by an interest in a motor vehicle if the motor vehicle is
11subject to another security interest.
SB27-SSA1,1131,1412
(b) A licensed lender may not require a borrower to provide the licensed lender
13with a key or copy of a key to a motor vehicle used as security for a title loan as a
14condition for making the title loan to the borrower.
SB27-SSA1,1131,2015
(c) A licensed lender or person acting on behalf of a licensed lender may not take
16possession of a motor vehicle used as security for a title loan to a borrower without
17sending notice to the borrower at least 20 days prior to taking possession. The notice
18shall state the intent to take possession and describe the basis for the right to take
19possession. This paragraph does not apply to possession that is obtained by a
20borrower's voluntary surrender of a motor vehicle.
SB27-SSA1,1131,2421
(d) A licensed lender or other person may charge a borrower a reasonable
22storage fee for a motor vehicle of the borrower of which the licensed lender or person
23acting on behalf of the licensed lender has obtained possession, including possession
24that is obtained by voluntary surrender.
SB27-SSA1,1132,3
1(e) A licensed lender shall return to a borrower the amount of any proceeds from
2the disposition of a motor vehicle used as security for a title loan to the borrower that
3exceed the borrower's liability to the licensed lender for the loan.
SB27-SSA1,1132,64
(f) A borrower is not liable to a licensed lender for any deficiency resulting from
5the licensed lender's disposition of a motor vehicle used as security for a title loan,
6unless the borrower has done any of the following:
SB27-SSA1,1132,87
1. Impaired the licensed lender's security interest by intentionally damaging
8or destroying the motor vehicle.
SB27-SSA1,1132,99
2. Intentionally concealed the motor vehicle.
SB27-SSA1,1132,1110
3. Pledged to the licensed lender a motor vehicle that is already encumbered
11by an undisclosed prior lien.
SB27-SSA1,1132,1412
4. Subsequent to obtaining the title loan, pledged or sold to a third party a
13motor vehicle used as security for a title loan without the licensed lender's written
14consent.
SB27-SSA1,1132,1916
139.01
(4) "License," and "fermented malt beverages" have the same meaning
17as in s. 125.02, and "licensed premises" are premises described in licenses
and
18permits issued by
the department, cities, villages
, or towns under the authority of
19said section.
SB27-SSA1,1133,1821
139.76
(1) An excise tax is imposed upon the sale, offering or exposing for sale,
22possession with intent to sell or removal for consumption or sale or other disposition
23for any purpose of tobacco products by any person engaged as a distributor of them
24at the rate, for tobacco products, not including moist snuff, of 71 percent of the
25manufacturer's established list price to distributors without diminution by volume
1or other discounts on domestic products and, for moist snuff, at the rate of
100
2percent of the manufacturer's established list price to distributors without
3diminution by volume or other discounts on domestic products $1.76 per ounce, and
4at a proportionate rate for any other quantity or fractional part in excess of 1.2
5ounces. The tax imposed on a can or package of moist snuff that weighs less than 1.2
6ounces shall be equal to the amount of the tax imposed on a can or package that
7weighs 1.2 ounces. The tax imposed under this subsection on cigars shall not exceed
8an amount equal to 50 cents for each cigar. On products imported from another
9country, not including moist snuff, the rate of tax is 71 percent of the amount obtained
10by adding the manufacturer's list price to the federal tax, duties and transportation
11costs to the United States.
On moist snuff imported from another country, the rate
12of the tax is 100 percent of the amount obtained by adding the manufacturer's list
13price to the federal tax, duties, and transportation costs to the United States. The
14tax attaches at the time the tobacco products are received by the distributor in this
15state. The tax shall be passed on to the ultimate consumer of the tobacco products.
16All tobacco products received in this state for sale or distribution within this state,
17except tobacco products actually sold as provided in sub. (2), shall be subject to such
18tax.
SB27-SSA1,1134,620
139.78
(1) A tax is imposed upon the use or storage by consumers of tobacco
21products in this state at the rate, for tobacco products, not including moist snuff, of
2271 percent of the cost of the tobacco products and, for moist snuff, at the rate of
100
23percent of the manufacturer's established list price to distributors without
24diminution by volume or other discounts on domestic products $1.76 per ounce, and
25at a proportionate rate for any other quantity or fractional part in excess of 1.2
1ounces. The tax imposed on a can or package of moist snuff that weighs less than 1.2
2ounces shall be equal to the amount of the tax imposed on a can or package that
3weighs 1.2 ounces. The tax imposed under this subsection on cigars shall not exceed
4an amount equal to 50 cents for each cigar. The tax does not apply if the tax imposed
5by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are
6exempt from the tobacco products tax under s. 139.76 (2).
SB27-SSA1,1134,98
145.01
(4) Department. "Department" means the department of
commerce 9safety and professional services.
SB27-SSA1,1134,1611
145.02
(4) (a) The department shall prescribe rules as to the qualifications,
12examination and licensing of master and journeyman plumbers and restricted
13plumber licensees, for the licensing of utility contractors, for the registration of
14plumbing apprentices and pipe layers and for the registration and training of
15registered learners. The plumbers council, created under s.
15.157 (6) 15.407 (16),
16shall advise the department in formulating the rules.
SB27-SSA1,1134,2318
145.17
(2) The department shall prescribe rules as to the qualifications,
19examination and licensing of journeymen automatic fire sprinkler system fitters and
20automatic fire sprinkler contractors and for the registration and training of
21automatic fire sprinkler system apprentices. The automatic fire sprinkler system
22contractors and journeymen council, created under s.
15.157 (9) 15.407 (17), shall
23advise the department in formulating the rules
.
SB27-SSA1,1135,7
1145.20
(5) (c) The department of natural resources may suspend or revoke a
2license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the
3operator of a septage servicing vehicle if the department of natural resources finds
4that the licensee or operator falsified information on inspection forms. The
5department of
commerce safety and professional services may suspend or revoke the
6license of a plumber licensed under this chapter if the department finds that the
7plumber falsified information on inspection forms.
SB27-SSA1,1135,139
145.245
(4r) Requirement to rehabilitate or replace private sewage systems. 10(a) A governmental unit, the department of safety and professional services, or the
11department of natural resources may require an owner of a principal residence to
12rehabilitate or replace a failing private sewage system that serves the principal
13residence only if one or more of the following apply:
SB27-SSA1,1135,1714
1. The failing private sewage system is causing or results in the discharge of
15sewage into surface water, groundwater, a drain tile, bedrock, or a zone of saturated
16soil and the discharge has reached a property owned by a person other than the
17owner of the principal residence.
SB27-SSA1,1135,1818
2. The owner receives a grant under this section.
SB27-SSA1,1135,2119
3. The owner's annual family income, as determined by the department under
20sub. (5) (c) 2. to 4., exceeds 300 percent of the federal poverty line, as defined under
2142 USC 9902 (2), for a family the size of the owner's family.
SB27-SSA1,1135,2222
4. The owner is transferring ownership of the property.
SB27-SSA1,1136,223
(b) For a failing private sewage system to which subd. 1. applies, if the owner
24will be rehabilitating the system, the owner need rehabilitate the system only to the
1extent that is necessary to prevent the discharge from reaching property owned by
2a person other that the owner.
SB27-SSA1,1136,114
145.245
(5) (a) 1. A person is eligible for grant funds under this section if he or
5she owns a principal residence which is served by a category 1 or 2 failing private
6sewage system, if the private sewage system was installed before July 1,
1978, if the
7family income of the person does not exceed the income limitations under par. (c), if
8the amount of the grant determined under sub. (7) is at least $100, if the
principal 9residence is not located in an area served by a sewer and if determination of failure
10is made prior to the rehabilitation or replacement of the failing private sewage
11system.
SB27-SSA1,1136,1713
145.245
(5) (c) 1. In order to be eligible for grant funds under this section
to
14rehabilitate or replace a private sewage system for a principal residence, the
owner's
15annual family income
of the person who owns the principal residence may not exceed
16$45,000 300 percent of the federal poverty line, as defined under 42 USC 9902 (2),
17for a family the size of the owner's family.
SB27-SSA1,1136,2219
145.245
(7) (bn) Except as provided in par. (e), the state grant share under this
20section for each participating governmental unit shall equal 75 percent of allowable
21costs for rehabilitating or replacing the private sewage systems that serve principal
22residences for which grant applications are received by the governmental unit.
SB27-SSA1,1137,1724
145.245
(7) (c) Except as provided in
pars. (d) and par. (e), the state grant share
25under this section
for each participating governmental unit is limited to $7,000 for
1each
principal residence or small commercial establishment
to be served by the
2private sewage system
that is regulated by the participating governmental unit or
3to the amount determined by the department based upon private sewage system
4grant funding tables, whichever is less. The department shall prepare and publish
5these private sewage system grant funding tables
for small commercial
6establishments which specify the maximum state
grant share limitation for various
7components and costs involved in the rehabilitation or replacement of a private
8sewage system based upon minimum size and other requirements specified in the
9state plumbing code promulgated under s. 145.02. The maximum state
grant share
10limitations
for small commercial establishments shall be designed to pay
11approximately 60% of the average allowable cost of private sewage system
12rehabilitation or replacement based upon estimated or actual costs of that
13rehabilitation or replacement. The department shall revise the grant funding tables
14when it determines that 60% of current costs of private sewage system rehabilitation
15or replacement exceed the amounts in the grant funding tables by more than 10%,
16except that the department may not revise the grant funding tables more often than
17once every 2 years.
SB27-SSA1,1137,2020
145.245
(8) (title)
Application; Governmental units.
SB27-SSA1,1138,222
145.245
(9) (g) Establish a system which provides for the distribution of grant
23funds received among eligible applicants based on the amount requested in the
24application as approved by the department.
If the amount received by a county is
1insufficient to fully fund all grants, the county shall prorate grant funds on the same
2basis as sub. (11m).
SB27-SSA1,1138,104
145.245
(11) (c)
Allocation. The department shall allocate available funds for
5grants to each participating governmental unit according to the total amount of the
6state grant share for all eligible applications received by that
participating 7governmental unit.
In making this allocation for each participating governmental
8unit, the department shall determine the amount of grant funding that will be
9available for principal residences and the amount that will be available for small
10commercial establishments.
SB27-SSA1,1138,1612
145.245
(11g) Priority system; principal residences. The department shall
13promulgate rules to establish a priority system for grants under this section to
14owners of principal residences under which the highest priority is given to grants for
15the rehabilitation or replacement of failing private sewage systems for which written
16enforcement orders, as specified in sub. (1) (a) 2. or 3., have been issued.
SB27-SSA1,1138,1818
145.245
(11m) (title)
Prorating small commercial establishments.
SB27-SSA1,1138,2220
145.245
(11m) (e) This subsection does not apply to grants for the
21rehabilitation or replacement of failing private sewage systems that serve principal
22residences.
SB27-SSA1,1138,2524
145.245
(12) (title)
Determination of eligibility; disbursement of grants;
25governmental units.
SB27-SSA1,1139,52
145.245
(12m) (a) A governmental unit to which the department allocates
3funds under sub. (11) for a fiscal year may apply to the department for a loan under
4this subsection if
the department prorates funds under sub. (11m) funds are not
5sufficient to fully fund all applications for that fiscal year.
A
SB27-SSA1,1139,12
6(ar) For grants to rehabilitate or replace private sewage systems that serve
7small commercial establishments, a governmental unit may only use a loan under
8this subsection to increase the amounts of grants to persons eligible under sub. (5)
9above the amounts that would be provided without a loan under this subsection or
10to provide grants to persons eligible under sub. (5) who would otherwise not receive
11grants, because of the operation of sub. (11m) (c), but the total amount provided to
12a person under this section may not exceed the amount authorized under sub. (7)
(c).
SB27-SSA1,1139,1914
145.245
(12m) (ag) For grants to rehabilitate or replace private sewage
15systems that serve principal residences, a governmental unit may only use a loan
16under this subsection to increase the number of grants to persons eligible under sub.
17(5) above the number of grants that would be provided without a loan under this
18subsection or to provide grants to persons eligible under sub. (5) who would otherwise
19not receive grants under the priority system established under sub. (11g).
SB27-SSA1,1139,2521
145.245
(12m) (e) The department of
commerce safety and professional
22services and the department of administration may enter into a financial assistance
23agreement with a governmental unit that applies for a loan under this subsection
24and meets the eligibility requirements for a loan, including the requirements under
25par. (d).
SB27-SSA1,1140,92
145.245
(12m) (f) The department of administration, in consultation with the
3department of
commerce safety and professional services, may establish those terms
4and conditions of a financial assistance agreement that relate to its financial
5management, including what type of municipal obligation is required for the
6repayment of the financial assistance. In setting the terms and conditions, the
7department of administration may consider factors that the department of
8administration finds are relevant, including the type of obligation evidencing the
9loan, the pledge of security for the obligation and the applicant's creditworthiness.
SB27-SSA1,1140,1511
145.245
(12m) (g) The department of administration shall make and disburse
12a loan to an applicant that has entered into a financial assistance agreement under
13par. (e). The department of administration, in consultation with the department of
14commerce safety and professional services, shall establish procedures for disbursing
15loans.
SB27-SSA1,1141,217
145.245
(12m) (h) If a governmental unit fails to make a principal repayment
18after its due date, the department of administration shall place on file a certified
19statement of all amounts due under this subsection. After consulting the
20department of
commerce safety and professional services, the department of
21administration may collect all amounts due by deducting those amounts from any
22state payments due the governmental unit or may add a special charge to the amount
23of taxes apportioned to and levied upon the county under s. 70.60. If the department
24of administration collects amounts due, it shall remit those amounts to the fund to
1which they are due and notify the department of
commerce safety and professional
2services of that action.
SB27-SSA1,1141,64
146.085
(3) Enforcement. The department, the department of
commerce 5safety and professional services, and the public service commission shall enforce this
6section within their respective jurisdictions.
SB27-SSA1,1141,119
146.38
(1) (b) 2. A facility, association, or business entity, as specified in s.
10146.81 (1) (i) to (q)
and including a residential care apartment complex, as defined
11in s. 50.01 (1d).
SB27-SSA1,1141,1713
146.40
(4r) (em) If the department receives a report under par. (a) or (am) and
14determines that an individual who is the subject of the report holds a credential that
15is related to the individual's employment at, or contract with, the entity, the
16department shall refer the report to the department of
regulation and licensing 17safety and professional services.