134.85 (3) (a) The department of justice agriculture, trade and consumer protection on behalf of the state or any person who claims injury as a result of a violation of sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
27,4148v
Section 4148v. 136.03 (title) and (1) (intro.) of the statutes are amended to read:
136.03 (title) Duties of the department of justice agriculture, trade and consumer protection. (1) (intro.) The department of justice agriculture, trade and consumer protection shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department may in behalf of the state:
27,4149
Section 4149
. 138.052 (5) (am) 2. a. of the statutes, as created by 1993 Wisconsin Act 68, is amended to read:
138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the commissioner division of banking for banks, the commissioner division of savings and loan for savings and loan associations and savings banks, and the commissioner office of credit unions for credit unions shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the commissioner's division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.
27,4150
Section 4150
. 138.052 (5) (am) 2. b. of the statutes, as created by 1993 Wisconsin Act 68, is amended to read:
138.052 (5) (am) 2. b. Each commissioner The office of credit unions shall report the rate calculated to the commissioner division of savings and loan within 5 days after the date on which the determination is made. The commissioner division of savings and loan shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.
27,4151b
Section 4151b. 138.055 (4) (a) of the statutes is amended to read:
138.055 (4) (a) The commissioner
division of savings and loan, if the lender is a savings and loan association or savings bank;
27,4152
Section 4152
. 138.055 (4) (b) of the statutes is amended to read:
138.055 (4) (b) The commissioner
office of credit unions, if the lender is a credit union;
27,4153
Section 4153
. 138.055 (4) (d) of the statutes is amended to read:
138.055 (4) (d) The commissioner
division of banking for all other lenders.
27,4154b
Section 4154b. 138.056 (1) (a) 4. a. of the statutes is amended to read:
138.056 (1) (a) 4. a. The commissioner division of savings and loan, if the lender is a savings and loan association or savings bank;
27,4155
Section 4155
. 138.056 (1) (a) 4. b. of the statutes is amended to read:
138.056 (1) (a) 4. b. The commissioner office of credit unions, if the lender is a credit union;
27,4156
Section 4156
. 138.056 (1) (a) 4. d. of the statutes is amended to read:
138.056 (1) (a) 4. d. The commissioner division of banking for all other lenders.
27,4157
Section 4157
. 138.09 (1) of the statutes is amended to read:
138.09 (1) Before any person may do business under this section or charge the interest authorized by sub. (7) and before any creditor other than a bank, savings bank, savings and loan association or credit union may assess a finance charge on a consumer loan in excess of 18% per annum, such year, that person shall first obtain a license from the commissioner of banking. Applications for such a license shall be in writing and upon forms provided for this purpose by the commissioner. Every such An applicant at the time of making such an application shall pay to the commissioner a nonrefundable $300 fee of $100 for investigating the application and
the sum of $200 as an a $500 annual license fee for the period terminating on the last day of the current calendar year. If the cost of the investigation exceeds $100 $300, the applicant shall upon demand of the commissioner pay to the commissioner the amount by which the cost of the investigation exceeds the $100 nonrefundable fee.
27,4158
Section 4158
. 138.09 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 138.09 (1m) and amended to read:
138.09 (1m) Before any person may do business under this section or charge the interest authorized by sub. (7) and before any creditor other than a bank, savings bank, savings and loan association or credit union may assess a finance charge on a consumer loan in excess of 18% per year, that person shall first obtain a license from the commissioner of banking division. Applications for a license shall be in writing and upon forms provided for this purpose by the commissioner division. An applicant at the time of making an application shall pay to the commissioner division a nonrefundable $300 fee for investigating the application and a $500 annual license fee for the period terminating on the last day of the current calendar year. If the cost of the investigation exceeds $300, the applicant shall upon demand of the commissioner
division pay to the commissioner division the amount by which the cost of the investigation exceeds the nonrefundable fee.
27,4159
Section 4159
. 138.09 (1d) of the statutes is created to read:
138.09 (1d) In this section, “division" means the division of banking.
27,4160
Section 4160
. 138.09 (2) of the statutes is amended to read:
138.09 (2) The commissioner
division may also require the applicant to file with the commissioner
division, and to maintain in force, a bond in which the applicant shall be the obligor, in a sum not to exceed $5,000 with one or more corporate sureties licensed to do business in Wisconsin, whose liability as such sureties shall not exceed the sum of $5,000 in the aggregate, to be approved by the commissioner division, and such bond shall run to the state of Wisconsin for the use of the state and of any person or persons who may have a cause of action against the obligor of the bond under the provisions of this section. Such bonds shall be conditioned that the obligor will conform to and abide by each and every provision of this section, and will pay to the state or to any person or persons any and all moneys that may become due or owing to the state or to such person or persons from the obligor under and by virtue of the provisions of this chapter.
27,4161
Section 4161
. 138.09 (3) (a) of the statutes is amended to read:
138.09 (3) (a) Upon the filing of such application and the payment of such fee, the commissioner division shall investigate the relevant facts, and if the commissioner division shall find that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the commissioner division shall thereupon issue a license to said applicant to make loans in accordance with the provisions of this section. If the commissioner division shall not so find, he or she the division shall deny such application.
27,4162
Section 4162
. 138.09 (3) (b) of the statutes is amended to read:
138.09 (3) (b) Every license shall remain in force and effect until suspended or revoked in accordance with this section or surrendered by the licensee, and every licensee shall, on or before each December 10, pay to the commissioner division the annual license fee for the next succeeding calendar year.
27,4163
Section 4163
. 138.09 (3) (c) of the statutes is amended to read:
138.09 (3) (c) Such license shall not be assignable and shall permit operation under it only at or from the location specified in the license at which location all loans shall be consummated, but this provision shall not prevent the licensee from making loans under this section which are not initiated or consummated by face to face contact away from the licensed location if permitted by the commissioner division in writing or by rule or at an auction sale conducted or clerked by a licensee.
27,4164
Section
4164. 138.09 (3) (d) of the statutes is amended to read:
138.09 (3) (d) A separate license shall be required for each place of business maintained by the licensee. Whenever a licensee shall change the address of its place of business to another location within the same city, village or town the licensee shall at once give written notice thereof to the commissioner, who division, which shall replace the original license with an amended license showing the new address, provided the location meets with the requirements of par. (e). No change in the place of business of a licensee to a different city, village or town shall be permitted under the same license.
27,4165
Section 4165
. 138.09 (3) (e) of the statutes is amended to read:
138.09 (3) (e) A licensee may conduct, and permit others to conduct, at the location specified in its license, any one or more of the following businesses not subject to this section: A business engaged in making loans for business or agricultural purposes or exceeding $25,000 in principal amount except that all such loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a business engaged in making first lien real estate mortgage loans under ss. 138.051 to 138.06, a loan, finance or discount business under s. 218.01, or an insurance business, or a currency exchange under s. 218.05, or a seller of checks business under ch. 217; but merchandise shall not be sold at such location; and no other business shall be conducted at such location unless written authorization is granted the licensee by the commissioner division.
27,4166
Section 4166
. 138.09 (3) (f) of the statutes is amended to read:
138.09 (3) (f) Every licensee shall make an annual report to the commissioner division for each calendar year on or before March 15 of the following year. Such report shall cover business transacted by the licensee under the provisions of this section and shall give such reasonable and relevant information as the commissioner
division may require. Such reports shall be made upon blanks furnished by the commissioner division and shall be signed and verified by the oath or affirmation of the licensee if an individual, one of the partners if a partnership, a member or manager if a limited liability company or an officer of the corporation or association if a corporation or association. Any licensee operating under this section shall keep the records affecting loans made pursuant to this section separate and distinct from the records of any other business of such licensee.
27,4167
Section 4167
. 138.09 (4) (intro.) of the statutes is amended to read:
138.09 (4) (intro.) The commissioner division for the purpose of discovering violations of this chapter may cause an investigation to be made of the business of the licensee transacted under this section, and shall cause an investigation to be made of convictions reported to the commissioner division by any district attorney for violation by a licensee of this chapter. The place of business, books of account, papers, records, safes and vaults of said licensee shall be open to inspection and examination by the commissioner or the commissioner's representative division for the purpose of such investigation and the commissioner division may examine under oath all persons whose testimony the commissioner division may require relative to said investigation. The commissioner division may, upon notice to the licensee and reasonable opportunity to be heard, suspend or revoke such license after such hearing if:
27,4168
Section 4168
. 138.09 (4) (a) of the statutes is amended to read:
138.09 (4) (a) The licensee has violated any provision of this chapter and if the commissioner
division determines such violation justifies the suspension or revocation of the license;
27,4169
Section 4169
. 138.09 (4) (b) of the statutes is amended to read:
138.09 (4) (b) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the commissioner
division in refusing to issue such license; and
27,4170
Section 4170
. 138.09 (4a) of the statutes is amended to read:
138.09 (4a) Any licensee and any other person aggrieved by any order of the commissioner division has the right to appeal to the board of review under this section, provided a written notice of appeal is served upon the commissioner division and upon the chairperson or secretary of the consumer credit review board under s. 220.037 within 10 days from the date of the commissioner's division's order. Upon service of a written notice of appeal as herein provided the review board shall hold a hearing within a reasonable time thereafter. The review board shall give the parties a written notice of the time and place said hearing will be held. The cost of any investigation or examination or hearing, including witness fees or any other expenses, conducted by the commissioner division or the review board shall be paid by the licensee so examined or by the appellant within 30 days after demand therefor by the commissioner division, and the state may maintain an action for the recovery of such costs and expenses in any court of competent jurisdiction, except that no cost shall be charged an appellant by the review board unless the board sustains the commissioner division.
27,4171
Section 4171
. 138.09 (6) (a) of the statutes is amended to read:
138.09 (6) (a) Except as provided in par. (b), the licensee shall keep such books and records in the licensee's place of business as in the opinion of the commissioner of banking division will enable the commissioner division to determine whether the provisions of this chapter are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least 2 years after the making of any loan recorded therein.
27,4172
Section 4172
. 138.09 (6) (b) of the statutes is amended to read:
138.09 (6) (b) A licensee may keep the books and records specified in par. (a) at a single location inside or outside of this state if the books and records are kept at a location licensed under this section. The licensee shall organize the books and records by the place of business where the records originated and shall keep the books and records separate from other records for business conducted at that location. Actual costs incurred by the commissioner division to examine books and records maintained outside of this state shall be paid by the licensee.
27,4173
Section 4173
. 138.09 (7) (bn) 4. of the statutes is amended to read:
138.09 (7) (bn) 4. Information regarding the amount of the maximum finance charge under subds. 1. and 2. for any month or calendar year quarter shall be available at the office of the commissioner division.
27,4174
Section 4174
. 138.09 (11) of the statutes is amended to read:
138.09 (11) The commissioner
division may employ necessary examiners or other personnel from time to time and fix their compensation.
27,4175
Section 4175
. 138.12 (1) (a) of the statutes is amended to read:
138.12 (1) (a) “Commissioner" “Division" means the commissioner division of banking.
27,4176
Section 4176
. 138.12 (1) (c) of the statutes is amended to read:
138.12 (1) (c) “Licensee" means an insurance premium finance company holding a license issued by the commissioner division under this section.
27,4177
Section 4177
. 138.12 (2) (a) of the statutes is amended to read:
138.12 (2) (a) Any insurance company or agent defined in s. 628.02, any savings and loan association, savings bank, sales finance company, motor vehicle instalment seller, bank, trust company, licensed lender or credit union authorized to do business in this state, but such organizations, if otherwise eligible, are exempt from the licensing under this section, but subs. (9) to (12) and any rules promulgated by the commissioner division pertaining to such subsections shall be applicable to all premium finance transactions entered into by such organizations in this state if an insurance policy or any rights thereunder is made the security or collateral for repayment of the debt.
27,4178
Section 4178
. 138.12 (3) (b) is amended to read:
138.12 (3) (b) The annual license fee is $400 $500 and shall be paid to the commissioner. Licenses may be renewed May 1 of each year upon payment of the annual fee of $400.
27,4179
Section 4179
. 138.12 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
138.12 (3) (b) The annual license fee is $500 and shall be paid to the commissioner division. Licenses may be renewed May 1 of each year upon payment of the annual fee.
27,4180
Section 4180
. 138.12 (3) (c) of the statutes is amended to read:
138.12 (3) (c) The person to whom the license or the renewal thereof is issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the commissioner division requires. The commissioner division may, at any time, require the applicant fully to disclose the identity of all stockholders, partners, members, managers, officers and employes, and the commissioner division may refuse to issue or renew a license in the name of any person if the commissioner division is not satisfied that any officer, employe, stockholder, partner, member or manager thereof, who may materially influence the applicant's conduct, meets the standards of this section.
27,4181
Section 4181
. 138.12 (4) (a) of the statutes is amended to read:
138.12 (4) (a) Upon the filing of an application and the payment of the license fee required fees under par. (am) 1., the commissioner shall make an investigation of each applicant and shall issue a license if the commissioner finds the applicant is qualified in accordance with this section. If the commissioner does not so find, the commissioner shall, within 30 days after the commissioner has received such the application, so notify the applicant and, at the request of the applicant, give the applicant a full hearing.
27,4182
Section 4182
. 138.12 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
138.12 (4) (a) Upon the filing of an application and the payment of the required fees under par. (am) 1., the commissioner division shall make an investigation of each applicant and shall issue a license if the commissioner division finds the applicant is qualified in accordance with this section. If the commissioner
division does not so find, the commissioner division shall, within 30 days after the commissioner division has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing.
27,4183
Section 4183
. 138.12 (4) (am) of the statutes is created to read:
138.12 (4) (am) 1. An applicant shall pay to the commissioner a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.
2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.
27,4184
Section 4184
. 138.12 (4) (am) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
138.12 (4) (am) 1. An applicant shall pay to the
commissioner division a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.
2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner
division, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.
27,4185
Section 4185
. 138.12 (4) (b) (intro.) of the statutes is amended to read:
138.12 (4) (b) (intro.) The commissioner division shall issue or renew a license when the commissioner
division is satisfied that the person to be licensed:
27,4186
Section 4186
. 138.12 (5) (b) of the statutes is amended to read:
138.12 (5) (b) Before the commissioner division revokes, suspends or refuses to renew the license of any premium finance company, the commissioner division shall give the company an opportunity to be fully heard and to introduce evidence in the company's behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the commissioner division may subject the premium finance company to a penalty of not more than $200 for each offense when in the commissioner's division's judgment the commissioner division finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the commissioner division for the use of the state. At any hearing under this subsection, the commissioner division may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.
27,4187
Section 4187
. 138.12 (5) (c) of the statutes is amended to read:
138.12 (5) (c) Any action of the commissioner division in refusing to issue or renew a license shall be subject to review under subch. III of ch. 227.
27,4188
Section 4188
. 138.12 (6) (a) of the statutes is amended to read:
138.12 (6) (a) Every licensee shall maintain records of its premium finance transactions and the records shall be open to an examination and investigation by the commissioner division. The commissioner division may make an examination of the books, records and accounts of any licensee as the commissioner division deems necessary. The commissioner division shall determine the cost of an examination and that cost shall be assessed against and paid by the licensee so examined. The commissioner division may, at any time, require any licensee to bring such records as the commissioner division directs to the commissioner's office division for examination.
27,4189
Section 4189
. 138.12 (7) of the statutes is amended to read:
138.12 (7) Rules and regulations. The commissioner division may make and enforce such reasonable rules as are necessary to carry out this section, but such rules shall not be contrary to nor inconsistent with this section.
27,4190
Section 4190
. 139.05 (7) (b) of the statutes is amended to read:
139.05 (7) (b) Such license shall be issued by the secretary for the period of one year and must be renewed annually to persons who hold a valid certificate issued under s. 73.03 (50). The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. No fee shall be required for any such license. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.
