Amendment ASA-AB150

AB150-ASA, s. 6419 Section 6419. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1979,4 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (4) (ft) (5) (es) and (is) (mw) and (8) (dq) may be used for the following:

AB150-ASA, s. 6420 Section 6420. 350.12 (4) (a) 4. of the statutes is amended to read:

AB150-ASA,1979,15 350.12 (4) (a) 4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (4) (ft) (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.

AB150-ASA, s. 6421 Section 6421. 350.12 (4) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1979,22 350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (4) (bs) (5) (cr) and (bt) (cs) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

AB150-ASA, s. 6430 Section 6430. 350.12 (4) (bg) of the statutes is amended to read:

AB150-ASA,1980,5 350.12 (4) (bg) Supplemental trail aid payments. Of the moneys appropriated under s. 20.370 (4) (bt) (5) (cs), the department shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to the department or a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

AB150-ASA, s. 6434g Section 6434g. 350.12 (4) (br) of the statutes is amended to read:

AB150-ASA,1980,12 350.12 (4) (br) (title) Supplemental trail aid payments; proration insufficient funding. If the aid that is payable to counties and to the department under par. (bm) exceeds the moneys available under par. (bg), the department shall may prorate the payments or may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

AB150-ASA, s. 6435 Section 6435. 350.12 (4) (c) of the statutes is amended to read:

AB150-ASA,1980,17 350.12 (4) (c) Lapses. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (4) (is) (5) (mw) or (8) (dq) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

AB150-ASA, s. 6446 Section 6446. 409.403 (3) of the statutes is amended to read:

AB150-ASA,1981,15 409.403 (3) A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in sub. (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with s. 409.405 (2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in sub. (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if the officer has retained a microfilm or other photographic record or an optical disk or electronic copy. In other cases a lapsed statement may not be destroyed until after one year after the lapse. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if the officer physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under sub. (6) shall be retained.

AB150-ASA, s. 6447 Section 6447. 409.403 (4) of the statutes is amended to read:

AB150-ASA,1981,22 409.403 (4) Except as provided in sub. (7), a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof, or an optical disk or electronic copy thereof, for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.

AB150-ASA, s. 6456 Section 6456. 409.404 (2) of the statutes is amended to read:

AB150-ASA,1982,8 409.404 (2) On presentation to the filing officer of a termination statement the officer must note it in the index. If the officer has received the termination statement in duplicate, the officer shall return one copy of the termination statement to the secured party stamped to show the time of receipt. If the filing officer has a microfilm, other photographic record or optical disk or electronic copy of the financing statement, and of any related continuation statement, statement of assignment and statement of release, the officer may remove the originals from the files at any time after receipt of the termination statement, or if the officer has no such record, the officer may remove them from the files at any time after one year after receipt of the termination statement.

AB150-ASA, s. 6461 Section 6461. 409.407 (2) (c) of the statutes is created to read:

AB150-ASA,1982,14 409.407 (2) (c) For providing any service under par. (a) or (b) in an expeditious manner, the secretary of state may charge and collect an expedited service fee of $25 in addition to any fee required under par. (a) or (b). Only one expedited service fee may be charged for multiple identical certificates if the certificates are requested at the same time and issued at the same time.

AB150-ASA, s. 6463 Section 6463. 409.409 of the statutes is amended to read:

AB150-ASA,1982,20 409.409 Storage of records. Whenever in this chapter a filing officer is required to mark, index or file any financing statement, termination statement, continuation statement, statement of assignment or statement of release, the officer may destroy the original statement after a microfilm or other photographic copy or an optical disk or electronic copy has been prepared and filed for retention.

AB150-ASA, s. 6466 Section 6466. 422.501 (2) (b) 8. of the statutes is amended to read:

AB150-ASA,1982,24 422.501 (2) (b) 8. A person registered as a mortgage banker, loan originator or loan solicitor under s. 440.72 224.72 if the person is acting within the course and scope of that registration.

AB150-ASA, s. 6468 Section 6468. 422.505 (1) (e) of the statutes is amended to read:

AB150-ASA,1983,4 422.505 (1) (e) A conspicuous statement, in not less than 8-point boldface type, as follows: "THIS CREDIT SERVICES ORGANIZATION IS REGISTERED BY THE OFFICE OF THE COMMISSIONER OF BANKING, P.O. BOX 7876, MADISON, WISCONSIN 53707 DIVISION OF BANKING at .... (insert address)."

AB150-ASA, s. 6469 Section 6469. 426.103 of the statutes is amended to read:

AB150-ASA,1983,7 426.103 Administrator. "Administrator" means the commissioner division of banking (s. 220.02).

AB150-ASA, s. 6470 Section 6470. 426.104 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1983,15 426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be included in the report of the commissioner division of banking under s. 220.14 and shall include:

AB150-ASA, s. 6470m Section 6470m. 426.104 (4) (ab) of the statutes is created to read:

AB150-ASA,1983,20 426.104 (4) (ab) 1. Upon the request of any person, the administrator shall review any act, practice, procedure or form that has been submitted to the administrator in writing to determine whether the act, practice, procedure or form is consistent with chs. 421 to 427.

AB150-ASA,1983,23 2. The administrator may charge the person making a request under subd. 1. for necessary expenses incurred in conducting the review, except the administrator may not charge any of the following persons:

AB150-ASA,1983,24 a. A person registered under s. 426.201.

AB150-ASA,1984,2 b. A trade organization, if a majority of the members of the trade organization are registered under s. 426.201.

AB150-ASA,1984,4 3. Any charge assessed under subd. 2. shall be paid within 30 days after the date on which the administrator assesses the charge.

AB150-ASA, s. 6471b Section 6471b. Subchapter II (title) of chapter 426 [precedes 426.201] of the statutes is amended to read:

AB150-ASA,1984,7 CHAPTER 426

AB150-ASA,1984,10 SUBCHAPTER II NOTIFICATION registration AND FEES

AB150-ASA, s. 6471d Section 6471d. 426.201 (title) of the statutes is repealed and recreated to read:

AB150-ASA,1984,12 426.201 (title) Registration.

AB150-ASA, s. 6471e Section 6471e. 426.201 (1) (intro.) of the statutes is amended to read:

AB150-ASA,1984,15 426.201 (1) (intro.) This subchapter applies The registration requirements of this section apply to persons who do any of the following in this state:

AB150-ASA, s. 6471g Section 6471g. 426.201 (1) (a) of the statutes is amended to read:

AB150-ASA,1984,21 426.201 (1) (a) Make or solicit consumer credit transactions in which a finance charge at a rate in excess of that permitted under s. 138.05, 1977 stats., is imposed as part of the initial transaction, or modifications thereof, except a person who engages in consumer credit transactions solely through honoring credit cards issued by 3rd parties not related to such person; or.

AB150-ASA, s. 6471h Section 6471h. 426.201 (2) of the statutes is amended to read:

AB150-ASA,1985,2 426.201 (2) Each person subject to this subchapter the registration requirements under sub. (1) shall file notification a registration statement with the administrator within 30 days after commencing business in this state, and thereafter, on or before December 1 February 28 of each year. The notification registration statement shall state include all of the following information:

AB150-ASA,1985,3 (a) Name The name of the person ;.

AB150-ASA,1985,5 (b) Name in The name under which the person transacts business is transacted if different from par. (a);.

AB150-ASA,1985,7 (c) Address of The address of the person's principal office, which may be outside this state;.

AB150-ASA,1985,9 (d) Address The addresses of all of the person's offices or retail stores, if any, in this state;.

AB150-ASA,1985,12 (e) If consumer transactions or other business subject to this chapter are made otherwise than at an office or retail store in this state, a brief description of the manner in which they are made;.

AB150-ASA,1985,14 (f) Address The address of the person's designated agent upon whom service of process may be made in this state; and.

AB150-ASA,1985,16 (g) Such other similar information as the administrator may from time to time require to effectuate the purposes and policies of chs. 421 to 427.

AB150-ASA, s. 6471j Section 6471j. 426.201 (2) (fm) of the statutes is created to read:

AB150-ASA,1985,21 426.201 (2) (fm) The average monthly outstanding balance of all consumer credit transactions held by the person for the reporting period for which the registration statement is filed. In this paragraph, "average monthly outstanding balance" and "reporting period" have the meanings given under s. 426.202 (1m) (a).

AB150-ASA, s. 6471L Section 6471L. 426.201 (3) of the statutes is amended to read:

AB150-ASA,1986,2 426.201 (3) The administrator shall adopt rules governing the filing of changes, additions or modifications of the notification registration statement required by this section, and shall adopt rules pertaining to form, verification and similar matters pertaining to the notification registration.

AB150-ASA, s. 6471n Section 6471n. 426.202 (1) of the statutes is repealed.

AB150-ASA, s. 6471p Section 6471p. 426.202 (1m) of the statutes is created to read:

AB150-ASA,1986,5 426.202 (1m) Amount of registration fee. (a) Definitions. In this subsection:

AB150-ASA,1986,7 1. "Average outstanding monthly balance" means, for any person during any reporting period, the amount calculated as follows:

AB150-ASA,1986,10 a. Determining the outstanding balance of all consumer credit transactions that the person has entered into and that originated in this state, as of the last day of each month during the reporting period.

AB150-ASA,1986,11 b. Adding the outstanding balance for each month in the reporting period.

AB150-ASA,1986,14 c. Dividing the sum determined under subd. 1. b. by the number of months in the reporting period during which the person had outstanding consumer credit transactions.

AB150-ASA,1986,16 2. "Reporting period" means, for any registration statement, the last full calendar year preceding the date on which the registration statement is due.

AB150-ASA,1986,21 (b) Registration fee requirement. Any person required to register under s. 426.201 shall pay a registration fee to the administrator when the person files the registration statement required under s. 426.201, except that a person is not required to pay a registration fee under this section if the person's average outstanding monthly balance for that reporting period does not exceed $250,000.

AB150-ASA,1987,3 (c) Amount of registration fee. The amount of the registration fee shall be determined in accordance with rates set by the administrator, subject to the maximum and minimum fees under pars. (d) and (e). In setting these rates, the administrator shall consider the costs of administering chs. 421 to 427, including the costs of enforcement, education and seeking voluntary compliance with chs. 421 to 427. Subject to pars. (d) and (e), the registration fee for a person shall be based on the person's average monthly outstanding balance during the reporting period.

AB150-ASA,1987,5 (d) Minimum fee. Any person required to pay a registration fee under par. (b) shall pay a registration fee of at least $25 per reporting period.

AB150-ASA,1987,8 (e) Maximum fees. Any person required to pay a registration statement under this section may not be required to pay a registration fee that exceeds any of the following:

AB150-ASA,1987,9 1. Per reporting period, $1,500.

AB150-ASA,1987,11 2. For the reporting period, 0.005% of the average monthly outstanding balance.

AB150-ASA, s. 6471q Section 6471q. 426.202 (2) of the statutes is repealed.

AB150-ASA, s. 6471t Section 6471t. 426.202 (3) of the statutes is repealed.

AB150-ASA, s. 6471v Section 6471v. 426.202 (4) of the statutes is amended to read:

AB150-ASA,1987,18 426.202 (4) (title) Submission of data for calculating the amount of fee. A person required to file notification register under s. 426.201 shall submit such financial and other data as the administrator may require which will support the computation of the amount of the fee.

AB150-ASA, s. 6471x Section 6471x. 426.202 (5) (title) of the statutes is created to read:

AB150-ASA,1987,20 426.202 (5) (title) Recovery of fees.

AB150-ASA, s. 6471y Section 6471y. 426.203 of the statutes is created to read:

AB150-ASA,1988,2 426.203 Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. Forfeitures received by the administrator under this section shall be credited to the appropriation account under s. 20.124 (1) (h) and may be expended from the account only for consumer or merchant education programs.

AB150-ASA, s. 6471z Section 6471z. 426.203 of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1988,11 426.203 Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. Forfeitures received by the administrator under this section shall be credited to the appropriation account under s. 20.124 20.144 (1) (h) and may be expended from the account only for consumer or merchant education programs.

AB150-ASA, s. 6472m Section 6472m. 440.05 (intro.) of the statutes is amended to read:

AB150-ASA,1988,15 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.41 440.42, 440.43, 440.44, 440.51, 442.06, 444.03, 444.05, 444.11, 449.17, 449.18 and 459.46:

AB150-ASA, s. 6473 Section 6473. 440.05 (1) (a) of the statutes is amended to read:

AB150-ASA,1988,19 440.05 (1) (a) Initial credential: $34 $39. Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.

AB150-ASA, s. 6474 Section 6474. 440.05 (2) of the statutes is amended to read:

AB150-ASA,1988,25 440.05 (2) Reciprocal credential: $50 , including any credential described in s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under s. 440.08 (2) (a) and, if an examination is required, an examination fee under sub. (1).

AB150-ASA, s. 6475 Section 6475. 440.05 (6) of the statutes is amended to read: