Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,374,19 " Section 2343d. 220.06 (1) of the statutes is amended to read:

AB133-SSA1-SA1,374,21 220.06 (1) In this section, "licensee" means a person licensed by the division under ch. 138, 217 or 218 or under s. 224.92.".

AB133-SSA1-SA1,374,23 980. Page 1193, line 10: delete that line and substitute "The department may by rule establish fees to be".

AB133-SSA1-SA1,374,24 981. Page 1193, line 17: delete lines 17 to 19.

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AB133-SSA1-SA1,375,3 " Section 2353d. Subchapter IV of Chapter 224 [precedes 224.90] of the statutes is created to read:

AB133-SSA1-SA1,375,4 Chapter 224

AB133-SSA1-SA1,375,7 Subchapter IV Nondepository small business lenders

AB133-SSA1-SA1,375,8 224.90 Definitions. In this subchapter:

AB133-SSA1-SA1,375,9 (1) "Division" means the division of banking.

AB133-SSA1-SA1,375,10 (2) "In control" means any of the following:

AB133-SSA1-SA1,375,12 (a) Owning 10% or more of the outstanding voting stock of a nondepository lender.

AB133-SSA1-SA1,375,16 (b) Possessing, directly or indirectly, alone or in concert with others, the power to control or vote 10% or more of the outstanding voting stock of a nondepository lender or to elect or control the election of a majority of the board of directors of a nondepository lender.

AB133-SSA1-SA1,375,17 (3) "Licensee" means a lender licensed under this subchapter.

AB133-SSA1-SA1,375,21 (4) "Nondepository lender" means a lender that, in the ordinary course of business, provides loans that are guaranteed by the U.S. small business administration under 15 USC 636 (a) to small businesses. "Nondepository lender" does not include a bank, credit union, savings and loan association or savings bank.

AB133-SSA1-SA1,375,23 224.92 License required. No person may engage in business as a nondepository lender in this state without a license issued under this subchapter.

AB133-SSA1-SA1,376,8 224.923 License application. An application for a license under this subchapter shall be made to the division in writing on a form to be prescribed by the division. An application for a license under this subchapter shall state the full name and business address of the applicant and each officer, director and person in control of the applicant. The application also shall contain the applicant's federal employer identification number. In addition, the application shall contain the applicant's business plan, 3 years of detailed financial projections and other relevant information, all as prescribed by the division.

AB133-SSA1-SA1,376,11 224.927 Disclosure of certain application information. The division may not disclose an applicant's federal employer identification number received under s. 224.923, except as follows:

AB133-SSA1-SA1,376,13 (1) The division may disclose the information to the department of revenue for the sole purpose of requesting certification under s. 73.0301.

AB133-SSA1-SA1,376,15 (2) The division may disclose the information to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB133-SSA1-SA1,376,21 224.93 License approval. After a review of information regarding the directors, officers and controlling persons of the applicant for a license, a review of the applicant's business plan, including at least three years of detailed financial projections and other information considered relevant by the division, the division may approve an application for a license if the division determines that all of the following conditions are met:

AB133-SSA1-SA1,376,23 (1) The applicant has at least $500,000 in capital and the amount of capital is adequate for the applicant to transact business as a nondepository lender.

AB133-SSA1-SA1,377,3 (2) Each director, officer and person in control of the applicant is of good character and sound financial standing; the directors and officers of the applicant are competent to perform their functions with respect to the applicant and the directors and officers of the applicant are collectively adequate to manage the business of the applicant as a nondepository lender.

AB133-SSA1-SA1,377,5 (3) The business plan of the applicant will be honestly and efficiently conducted in accordance with the intent and purpose of this subchapter.

AB133-SSA1-SA1,377,7 (4) The proposed activity of the applicant possesses a reasonable prospect for success.

AB133-SSA1-SA1,377,10 (5) The applicant has paid to the division the application fee prescribed by the division, together with the actual cost incurred by the division in investigating the application.

AB133-SSA1-SA1,377,13 224.935 Expiration of license. (1) Generally. Except as provided under sub. (2), a license issued under this subchapter expires on the June 30 following the date on which the license was issued.

AB133-SSA1-SA1,377,17 (2) Change in control of licensee. A change in the identity or number of individuals that are in control of a licensee terminates the licensee's license under this subchapter, unless the licensee applies to the division for and receives a renewal of the license no later than 15 days after the change in control.

AB133-SSA1-SA1,377,22 224.94 Renewal of license. Except as provided under s. 224.935 (2), a licensee shall renew its license by submitting to the division a renewal application and the renewal fee as prescribed by the division not less than 60 days before the date on which the license expires. A renewal application is subject to the same criteria as the criteria for approval of an original license.

AB133-SSA1-SA1,377,25 224.95 Denial of or disciplinary action relating to license. (1) Mandatory denial. The division shall deny an application for issuance or renewal of a license under this subchapter if any of the following applies:

AB133-SSA1-SA1,378,2 (a) The applicant has failed to provide its federal employer identification number under s. 224.923.

AB133-SSA1-SA1,378,7 (b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to a notice or hearing under sub. (4).

AB133-SSA1-SA1,378,17 (c) The applicant is an individual who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice and a hearing under s. 49.857 but is not entitled to a notice or hearing under sub. (4).

AB133-SSA1-SA1,378,21 (2) Discretionary denial or disciplinary action. The division may deny an application for issuance or renewal of a license under this subchapter or may revoke, suspend or limit a license issued under this subchapter if the division finds that the applicant or nondepository lender did any of the following:

AB133-SSA1-SA1,378,23 (a) Made a material misstatement in an application for issuance or renewal of a license issued under this subchapter or in information provided to the division.

AB133-SSA1-SA1,378,24 (b) Demonstrated a lack of competency to act as a nondepository lender.

AB133-SSA1-SA1,378,25 (c) Violated any provision of this subchapter or any rule of the division.

AB133-SSA1-SA1,379,3 (3) Disciplinary orders. The division may issue general or special orders necessary to prevent or correct actions by a nondepository lender that constitute cause under this section for revoking, suspending or limiting a license.

AB133-SSA1-SA1,379,10 (4) Appeal of denial or disciplinary action. A person whose application for issuance or renewal of a license under this subchapter has been denied or whose license has been revoked, suspended or limited under this section may request a hearing under s. 227.42 within 30 days after the date of denial, revocation, suspension or limitation. Failure of a person to request a hearing within the time provided under this subsection is a waiver of the person's right to a hearing on the denial, revocation, suspension or limitation.

AB133-SSA1-SA1,379,13 224.96 Required loan loss reserve. Each licensee shall provide for a loan loss reserve sufficient to cover projected loan losses that are not guaranteed by the U.S. government or any agency of the U.S. government.

AB133-SSA1-SA1,379,25 224.97 Division review of nondepository lender operations. The division may, at any reasonable time, examine the books of account, records, condition and affairs of a nondepository lender licensed under this subchapter. The division shall examine the books of account, records, condition and affairs of every nondepository lender licensed under this subchapter at least once during every 12 month period. The division shall prepare a report of each examination conducted under this section. As part of an examination under this section or as part of the preparation of an examination report, the division may examine under oath any person in control, officer, director, agent, employe or customer of the nondepository lender. The division may require a nondepository lender that is examined under this section to pay to the division a reasonable fee for the costs of conducting the examination.

AB133-SSA1-SA1,380,1 224.98 Powers of licensee. A licensee may do any of the following:

AB133-SSA1-SA1,380,2 (1) Participate in the loan guaranty program under 15 USC 636 (a).

AB133-SSA1-SA1,380,5 (2) Participate in any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing or management assistance to business firms.

AB133-SSA1-SA1,380,9 224.985 Required records and reports. (1) Record keeping. A licensee shall keep books, accounts, and other records in such a form and manner as required by rule of the division. These records shall be kept at a location and shall be preserved for a length of time as prescribed by rule of the division.

AB133-SSA1-SA1,380,12 (2) Annual report. Not more than ninety days after the close of a licensee's fiscal year or upon request of the division, every licensee shall file with the division a report containing all of the following:

AB133-SSA1-SA1,380,17 (a) Financial statements, including the balance sheet, the statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position of the licensee. The licensee shall ensure that the financial statements have been audited by an independent certified public account and prepared in accordance with generally accepted account principles.

AB133-SSA1-SA1,380,18 (b) Other relevant information requested by the division.

AB133-SSA1-SA1,380,20 224.99 Rulemaking. The division may promulgate rules for the efficient administration of this subchapter.".

AB133-SSA1-SA1,380,21 983. Page 1194, line 18: before "175.05" insert "125.72 (3) (b),".

AB133-SSA1-SA1,380,22 984. Page 1194, line 20: after that line insert:

AB133-SSA1-SA1,380,23 " Section 2356t. 227.43 (3) (f) of the statutes is created to read:

AB133-SSA1-SA1,381,5 227.43 (3) (f) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered under s. 125.72 to the department of revenue by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f) and those costs recovered under s. 125.72 (3) (b) 3m.

AB133-SSA1-SA1, s. 2356v Section 2356v. 227.43 (4) (f) of the statutes is created to read:

AB133-SSA1-SA1,381,9 227.43 (4) (f) The department of revenue shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bg), according to the fees set under sub. (3) (f).".

AB133-SSA1-SA1,381,11 985. Page 1195, line 6: delete the material beginning with that line and ending with page 1197, line 13.

AB133-SSA1-SA1,381,12 986. Page 1195, line 24: after that line insert:

AB133-SSA1-SA1,381,13 " Section 2359tb. 230.04 (19m) of the statutes is created to read:

AB133-SSA1-SA1,381,16 230.04 (19m) The secretary shall ensure that no agency require that its employes record their number of hours worked during any part of a pay period on a form on which the employe's social security number is printed.".

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AB133-SSA1-SA1,381,21 991. Page 1198, line 1: after that line insert:

AB133-SSA1-SA1,381,22 " Section 2361d. 230.08 (2) (e) 8. of the statutes is amended to read:

AB133-SSA1-SA1,381,23 230.08 (2) (e) 8. Natural resources — 6 7.".

AB133-SSA1-SA1,382,1 992. Page 1198, line 2: delete lines 2 to 14.

AB133-SSA1-SA1,382,2 993. Page 1198, line 16: delete lines 16 to 23.

AB133-SSA1-SA1,382,3 994. Page 1198, line 23: after that line insert:

AB133-SSA1-SA1,382,4 " Section 2364me. 230.08 (2) (wy) of the statutes is created to read:

AB133-SSA1-SA1,382,5 230.08 (2) (wy) The executive director and staff of the tobacco control board.".

AB133-SSA1-SA1,382,6 995. Page 1198, line 24: delete that line.

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AB133-SSA1-SA1,382,14 1001. Page 1209, line 20: delete the material beginning with that line and ending with page 1210, line 11.

AB133-SSA1-SA1,382,15 1002. Page 1210, line 11: after that line insert:

AB133-SSA1-SA1,382,16 " Section 2400em. 250.01 (4) (a) 5. of the statutes is created to read:

AB133-SSA1-SA1,382,18 250.01 (4) (a) 5. A multiple municipal local health department established under s. 251.02 (3r).".

AB133-SSA1-SA1,382,19 1003. Page 1211, line 18: after that line insert:

AB133-SSA1-SA1,382,21 "(c) From the appropriation under s. 20.435 (5) (fh), the department shall award $25,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.".

AB133-SSA1-SA1,382,22 1004. Page 1211, line 18: after that line insert:

AB133-SSA1-SA1,382,23 " Section 2400qc. 251.02 (1) of the statutes is amended to read:

AB133-SSA1-SA1,383,8 251.02 (1) In counties with a population of less than 500,000, the county board shall establish a county health department that meets the requirements of this chapter. The county health department shall serve all areas of the county that are not served by a city health department that was established prior to January 1, 1994, or by a town or village health department established under sub. (3m) or by a multiple local health department established under sub. (3r). No city health department may be established after that date January 1, 1994, but a city-county health department may be established after that date.

AB133-SSA1-SA1, s. 2400qd Section 2400qd. 251.02 (3r) of the statutes is created to read:

AB133-SSA1-SA1,383,14 251.02 (3r) In a county described in sub. (3m), in addition to the local health department required to be established under sub. (3m), the governing body of a city, village or town in that county may, in concert with the governing body of another city, village or town in that county, establish a multiple municipal local health department and elect a local health officer consistent with this chapter.

AB133-SSA1-SA1, s. 2400qe Section 2400qe. 251.03 (4r) of the statutes is created to read: