Amendment ASA-AB150

AB150-ASA,1754,2 218.01 (5) (b) 1. The commissioner division of banking, department of transportation and division of hearings and appeals shall have the power in hearings arising under this chapter to determine the place, in this state, where they shall be held; to subpoena witnesses and documents; to take and permit the taking of depositions of witnesses residing in or outside of this state and to otherwise permit the discovery and preservation of evidence before hearing, in the manner provided for in civil actions in courts of record; to pay such witnesses the fees and mileage for their attendance as is provided for witnesses in civil actions in courts of record; and to administer oaths.

AB150-ASA, s. 5888 Section 5888. 218.01 (5) (b) 3. of the statutes is amended to read:

AB150-ASA,1754,16 218.01 (5) (b) 3. A person providing information under this paragraph may request that the information be designated as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The commissioner, division of hearings and appeals or licensor shall approve the designation if the person providing the information demonstrates that the release of the information would adversely affect the person's competitive position. At least 15 days before any information designated as a trade secret or as confidential business information is disclosed to any other person, the commissioner, division of hearings and appeals or licensor shall notify the person providing the information. The person providing the information may seek a court order limiting or prohibiting the disclosure. In such cases, the court shall weigh the need for confidentiality of the information against the public interest in disclosure. Confidentiality is waived if the person providing the information consents in writing to disclosure.

AB150-ASA, s. 5889 Section 5889. 218.01 (6) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1755,8 218.01 (6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller shall deliver to the buyer a written statement describing clearly the motor vehicle sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount credited the buyer for any trade-in and a description of the trade-in, the cost to the retail buyer of any insurance, the amount financed which may include the cost of insurance, sales and use taxes, the amount of the finance charge, the amount of any other charge specifying its purpose, the total of payments due from the buyer, the terms of the payment of such total, the amount and date of each payment necessary finally to pay the total and a summary of any insurance coverage to be effected. The commissioner division of banking may determine the form of the statement. If a written order is taken from a prospective purchaser in connection with any instalment sale, the written statement shall be given to the purchaser prior to or concurrent with the signing of the order by the purchaser. The finance charge in a retail instalment sale made prior to April 6, 1980, however computed, excluding the cost of insurance shall not exceed the amount computed on the basis of the following annual percentage rates:

AB150-ASA, s. 5890 Section 5890. 218.01 (6) (em) of the statutes is amended to read:

AB150-ASA,1755,14 218.01 (6) (em) In event the dealer shall finance the instalment sale contract, the commissioner division of banking may permit the dealer to combine the information required by pars. (b) and (e) last above in one statement under such rules and regulations as the commissioner division of banking may from time to time prescribe.

AB150-ASA, s. 5891 Section 5891. 218.01 (7a) (a) of the statutes is amended to read:

AB150-ASA,1755,24 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form other than the certificate of title.

AB150-ASA, s. 5892 Section 5892. 218.01 (7a) (b) of the statutes is amended to read:

AB150-ASA,1756,7 218.01 (7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle salesperson to fail to provide, upon request of a prospective purchaser, the name and address of the most recent titled owner and of all subsequent nontitled owners, unless exempted from this requirement by rule of the department of transportation, of any motor vehicle offered for sale. If the most recent titled owner of the motor vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the name and address of the previous titled owner.

AB150-ASA, s. 5893 Section 5893. 218.01 (7b) of the statutes is amended to read:

AB150-ASA,1756,25 218.01 (7b) Purchase of motor vehicle by minor. No minor shall purchase any motor vehicle unless the minor, at the time of purchase, submits to the seller a statement verified before a person authorized to administer oaths and made and signed by either parent of the purchaser, if such parent has custody of the minor or, if neither parent has custody, then by the person having custody, setting forth that the purchaser has consent to purchase the vehicle. The signature on the statement shall not impute any liability for the purchase price of the motor vehicle to the consenting person. The statement shall not adversely affect any other arrangement for the assumption of liability for the purchase price which the consenting person may make. The signed statement shall accompany the application for a certificate of title and shall be filed by the department of transportation with the application. Failure to obtain the consent or to forward it with the application for a certificate of title shall not void the contract of sale of a motor vehicle in the hands of an innocent holder, without notice, for value and in the ordinary course of business. Any person who sells a motor vehicle to a minor with knowledge of such fact without procuring such a statement may be fined not more than $200 or imprisoned not more than 6 months or both.

AB150-ASA, s. 5894 Section 5894. 218.02 (1) (b) of the statutes is repealed.

AB150-ASA, s. 5895 Section 5895. 218.02 (1) (d) of the statutes is created to read:

AB150-ASA,1757,3 218.02 (1) (d) "Division" means the division of banking.

AB150-ASA, s. 5896 Section 5896. 218.02 (2) (a) of the statutes is amended to read:

AB150-ASA,1757,10 218.02 (2) (a) Each adjustment service company shall apply to the commissioner of banking division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the commissioner division in writing, under oath, in a form to be prescribed by the commissioner division. The commissioner division may issue more than one license to the same licensee.

AB150-ASA, s. 5897 Section 5897. 218.02 (2) (b) of the statutes is amended to read:

AB150-ASA,1757,17 218.02 (2) (b) At the time of making application and before engaging in business, every applicant for an adjustment service company license shall pay a nonrefundable $200 fee of $100 to the commissioner for investigating the application and the sum of $100 as an a $200 annual license fee. If the cost of an investigation exceeds $100 $200, the applicant shall, upon demand of the commissioner, pay the excess cost. No investigation fee shall be required on the renewal of a license.

AB150-ASA, s. 5898 Section 5898 . 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1757,25 218.02 (2) (b) At the time of making application and before engaging in business, every applicant for an adjustment service company license shall pay a nonrefundable $200 fee to the commissioner division for investigating the application and a $200 annual license fee. If the cost of an investigation exceeds $200, the applicant shall, upon demand of the commissioner division, pay the excess cost. No investigation fee shall be required on the renewal of a license.

AB150-ASA, s. 5899 Section 5899. 218.02 (2) (c) of the statutes is amended to read:

AB150-ASA,1758,6 218.02 (2) (c) The commissioner division may require any licensee either before or after the issuance of the license to file and maintain in force a bond in a form to be prescribed by and acceptable to the commissioner division, in such sum as the commissioner division may deem necessary to safeguard the interest of the borrowers and the public, not exceeding, however, the sum of $5,000.

AB150-ASA, s. 5900 Section 5900. 218.02 (3) (intro.) of the statutes is amended to read:

AB150-ASA,1758,11 218.02 (3) Conditions of the issuance of licenses. (intro.) The commissioner division shall issue a license to the applicant to conduct such business at the office specified in the application in accordance with the provisions of this section, if the commissioner division shall find:

AB150-ASA, s. 5901 Section 5901. 218.02 (4) of the statutes is amended to read:

AB150-ASA,1758,18 218.02 (4) Order denying application. If the commissioner division is not satisfied as to all of the matters specified in sub. (3) the commissioner division shall enter a special order denying the application for a license and shall return the applicant's license fee. The commissioner division shall make findings of fact as part of and in support of the commissioner's division's order denying any application for a license.

AB150-ASA, s. 5902 Section 5902. 218.02 (5) (b) of the statutes is amended to read:

AB150-ASA,1759,2 218.02 (5) (b) Whenever a licensee shall contemplate a change of the licensee's place of business to another location within the same city, village or town, the licensee shall give written notice thereof to the commissioner, who division, which shall attach to the license the commissioner's division's authorization of such removal, specifying the date thereof and the new location. Such authorization shall be authority for the operation of such business under the same license at the specified new location. No change in the place of business of a licensee to a location outside of the original city, village or town shall be permitted under the same license.

AB150-ASA, s. 5903 Section 5903. 218.02 (5) (c) of the statutes is amended to read:

AB150-ASA,1759,6 218.02 (5) (c) Every licensee shall, on or before the tenth day of each December, pay to the commissioner division the annual license fee for the next succeeding calendar year.

AB150-ASA, s. 5904 Section 5904. 218.02 (6) (intro.) of the statutes is amended to read:

AB150-ASA,1759,10 218.02 (6) Revocation; suspension; reinstatement and term of licenses. (intro.) The commissioner division, after complaint, notice and hearings as provided in s. 217.19, shall revoke any license in the following cases:

AB150-ASA, s. 5905 Section 5905. 218.02 (6) (c) of the statutes is amended to read:

AB150-ASA,1759,14 218.02 (6) (c) If any fact or condition exists which, if it had existed at the time of the original application for such license, clearly would have warranted the commissioner division in refusing to issue such license;

AB150-ASA, s. 5906 Section 5906. 218.02 (7) (intro.) of the statutes is amended to read:

AB150-ASA,1759,19 218.02 (7) (title) Powers of commissioner division. (intro.) It shall be the duty of the commissioner division and the commissioner division shall have power, jurisdiction and authority to investigate the conditions and ascertain the facts with reference to such companies and upon the basis thereof:

AB150-ASA, s. 5907 Section 5907. 218.02 (7) (c) of the statutes is amended to read:

AB150-ASA,1760,2 218.02 (7) (c) At any time and so often as the commissioner division may determine to investigate the business and examine the books, accounts, records and files used therein of every licensee. The cost of an examination shall be determined by the commissioner division and shall be paid to the commissioner division by every licensee so examined within 30 days after demand therefor by the commissioner division, and the state may maintain an action for the recovery of such costs in any court of competent jurisdiction;

AB150-ASA, s. 5908 Section 5908. 218.02 (9) (a) of the statutes is amended to read:

AB150-ASA,1760,8 218.02 (9) (a) The commissioner division may make such rules and require such reports as the commissioner division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the commissioner division under this section are subject to review by the consumer credit review board under s. 220.037.

AB150-ASA, s. 5909 Section 5909. 218.02 (9) (b) of the statutes is amended to read:

AB150-ASA,1760,12 218.02 (9) (b) All fees and moneys received by the commissioner division under authority of this chapter shall be paid by the commissioner division into the state treasury within one week after the receipt thereof.

AB150-ASA, s. 5910 Section 5910. 218.02 (9) (c) of the statutes is amended to read:

AB150-ASA,1760,18 218.02 (9) (c) The commissioner division shall investigate, ascertain and determine whether this chapter or the lawful orders issued hereunder are being violated and for such purposes the commissioner division shall have all of the powers conferred by ss. 217.17 and 217.18. The commissioner division shall report all violations to the district attorney of the proper county for prosecution.

AB150-ASA, s. 5911 Section 5911. 218.04 (1) (c) of the statutes is amended to read:

AB150-ASA,1760,21 218.04 (1) (c) "Commissioner" "Division" means the commissioner division of banking.

AB150-ASA, s. 5912 Section 5912. 218.04 (3) (a) of the statutes is amended to read:

AB150-ASA,1761,2 218.04 (3) (a) Application for licenses under the provisions of this section shall be made to the commissioner division in writing, under oath, on a form to be prescribed by the commissioner division. All licenses shall expire on June thirtieth next following their date of issue.

AB150-ASA, s. 5913 Section 5913. 218.04 (3) (b) of the statutes is amended to read:

AB150-ASA,1761,9 218.04 (3) (b) At the time of making application, every applicant for a collection agency license shall pay a nonrefundable fee of $100 $1,000 to the commissioner for investigating the application, unless the applicant is already licensed under this section, and the sum of $100 $200 as an annual license fee. If the cost of investigation exceeds $100 $1,000, the applicant shall, upon demand of the commissioner, pay the excess cost. No investigation fee is required on the renewal of a license.

AB150-ASA, s. 5914 Section 5914 . 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1761,17 218.04 (3) (b) At the time of making application, every applicant for a collection agency license shall pay a nonrefundable fee of $1,000 to the commissioner division for investigating the application, unless the applicant is already licensed under this section, and the sum of $200 as an annual license fee. If the cost of investigation exceeds $1,000, the applicant shall, upon demand of the commissioner division, pay the excess cost. No investigation fee is required on the renewal of a license.

AB150-ASA, s. 5915 Section 5915. 218.04 (3) (c) of the statutes is amended to read:

AB150-ASA,1761,24 218.04 (3) (c) The license fee for a collector or solicitor shall be $2 $15. This license shall be carried as a means of identification whenever the collector is engaged in business. The license shall state the name of the employer and in case of a change of employer the commissioner shall indorse such change on the license without charge shall be surrendered to the commissioner upon termination of employment. A new license is required for a change of employment.

AB150-ASA, s. 5916 Section 5916 . 218.04 (3) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1762,7 218.04 (3) (c) The license fee for a collector or solicitor shall be $15. This license shall be carried as a means of identification whenever the collector is engaged in business. The license shall state the name of the employer and shall be surrendered to the commissioner division upon termination of employment. A new license is required for a change of employment.

AB150-ASA, s. 5917 Section 5917. 218.04 (3) (d) of the statutes is amended to read:

AB150-ASA,1762,12 218.04 (3) (d) The commissioner division may require any licensee to file and maintain in force a bond, in a form to be prescribed by and acceptable to the commissioner division, and in such sum as the commissioner division may deem reasonably necessary to safeguard the interests of the public.

AB150-ASA, s. 5918 Section 5918. 218.04 (4) (a) of the statutes is amended to read:

AB150-ASA,1762,24 218.04 (4) (a) Upon the filing of such application and the payment of such fee, the commissioner division shall make an investigation, and if the commissioner division finds 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. Such license is not assignable and shall permit operation under it only at or from the location specified in the license. A nonresident of this state may, upon complying with all other provisions of this section, secure a collection agency license provided the nonresident maintains an active office in this state.

AB150-ASA, s. 5919 Section 5919. 218.04 (4) (b) of the statutes is amended to read:

AB150-ASA,1763,6 218.04 (4) (b) No licensee shall conduct a collection agency business within any office, room or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, except as may be authorized in writing by the commissioner division upon finding that the character of such other business is such that the granting of such authority would not facilitate evasion of this section or the lawful orders issued thereunder.

AB150-ASA, s. 5920 Section 5920. 218.04 (5) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1763,9 218.04 (5) (a) (intro.) The commissioner division may suspend or revoke any license issued under this section if the commissioner division finds that:

AB150-ASA, s. 5921 Section 5921. 218.04 (5) (a) 1. of the statutes is amended to read:

AB150-ASA,1763,12 218.04 (5) (a) 1. The licensee has violated any of the provisions of this section or any lawful order of the commissioner division made thereunder;

AB150-ASA, s. 5922 Section 5922. 218.04 (5) (a) 2. of the statutes is amended to read:

AB150-ASA,1763,16 218.04 (5) (a) 2. 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;

AB150-ASA, s. 5923 Section 5923. 218.04 (5) (c) of the statutes is amended to read:

AB150-ASA,1763,23 218.04 (5) (c) In the event of the death of a licensee, if the licensee is an individual, or of the partners, if the licensee is a partnership, the license of the agency shall terminate as of the date of death of said licensee, except the commissioner division may reinstate a license if the estate of the former licensee signifies to the commissioner division within 45 days its intention to continue the business of the agency.

AB150-ASA, s. 5924 Section 5924. 218.04 (6) (a) of the statutes is amended to read:

AB150-ASA,1764,7 218.04 (6) (a) Whenever a collection agency shall contemplate a change of its place of business to another location within the same city or village, it shall give written notice thereof to the commissioner, who division, which shall attach to the license the commissioner's division's authorization of such removal, specifying the date thereof and the new location. Such authorization shall be authority for the operation of such business under the same license at the specified new location. All collection agency licenses shall be conspicuously posted in the office of the licensee.

AB150-ASA, s. 5925 Section 5925. 218.04 (6) (b) of the statutes is amended to read:

AB150-ASA,1764,11 218.04 (6) (b) Every licensee applying for a renewal of a license shall, on or before the first day of June, pay in advance to the commissioner division the annual license fee.

AB150-ASA, s. 5926 Section 5926. 218.04 (6) (c) (intro.) of the statutes is amended to read:

AB150-ASA,1764,16 218.04 (6) (c) (intro.) Before discontinuing operating as a collection agency under the provisions of this section, every licensee shall furnish the commissioner division with proof in a form to be determined by the commissioner division and approved by the advisory committee that:

AB150-ASA, s. 5927 Section 5927. 218.04 (7) (intro.) of the statutes is amended to read:

AB150-ASA,1764,22 218.04 (7) (title) Powers of commissioner division; advisory committees. (intro.) It shall be the duty of the commissioner division and the commissioner division shall have power, jurisdiction and authority to investigate the conditions and ascertain the facts with reference to the collection of accounts and upon the basis thereof:

AB150-ASA, s. 5928 Section 5928. 218.04 (7) (b) of the statutes is amended to read:

AB150-ASA,1765,18 218.04 (7) (b) For the purpose of discovering violations of this section the commissioner division may cause an investigation to be made of the business of the licensee transacted under the provisions of 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 any of the provisions of this section. The place of business, books of accounts, 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 shall have authority to examine under oath all persons whose testimony is required relative to said investigation. The cost of the first investigation or examination during any licensing year shall be paid by the licensee, but the cost of additional investigation or examination during such year shall be paid by the licensee only if such examination discloses violation of sub. (5) (a) 4. The commissioner division shall determine the cost of an investigation or examination. The licensee shall pay the cost of any hearing including witness fees, unless it be found by the commissioner division, board of review or court that licensee has not violated any provision of this section. All said costs shall be paid by the licensee within 30 days after demand therefor by the commissioner division. The state may maintain an action for the recovery of such costs and expenses in any court of competent jurisdiction.

AB150-ASA, s. 5929 Section 5929. 218.04 (7) (c) of the statutes is amended to read:

AB150-ASA,1766,2 218.04 (7) (c) To appoint advisers from the individuals engaged in the collection business in the state and in any locality, which advisers shall be consulted by and shall assist the commissioner division in the execution of the commissioner's division's duties under the provisions of this section. The commissioner may appoint such advisers as deputies. Such persons, either as advisers or deputies, shall receive no compensation for their services but may be reimbursed for their actual and necessary traveling expenses. Such expenses shall be audited and paid and charged to the commissioner division for the administration of this chapter.

AB150-ASA, s. 5930 Section 5930. 218.04 (8) of the statutes is amended to read:

AB150-ASA,1766,6 218.04 (8) Hearings and orders. The commissioner division shall have the same power to conduct hearings, take testimony and secure evidence as is provided in ss. 217.17, 217.18 and 217.19.