Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,789,10 (b) An amount equal to 25% of the total amount of payments due in one month under the lessee's rent-to-own agreement, except that liability under this paragraph may not be less than $100 nor more than $1,000.

SB55-SSA1-CA1,789,15 (2) Liability; certain violations. Except as provided in subs. (4) and (5), if a rental-purchase company violates s. 218.636, the lessee may retain the rental property under the rent-to-own agreement without obligation to pay any amount and may recover any amounts paid to the rental-purchase company under the rent-to-own agreement.

SB55-SSA1-CA1,790,2 (3) Class action. In the case of a class action, a rental-purchase company that violates this subchapter is liable to the members of the class in an amount determined by the court, except that the total recovery for all lessees whose recovery is computed under sub. (1) (b) may not exceed $100,000 plus the costs of the action and, notwithstanding s. 814.04 (1), reasonable attorney fees as determined by the court. In determining the amount to award under this subsection, the court shall consider, among other relevant factors, the amount of actual damages sustained by the members of the class, the frequency and persistence of the violations by the rental-purchase company, the resources of the rental-purchase company, the number of persons damaged by the violation, the presence or absence of good faith on the part of the rental-purchase company, and the extent to which the violation was intentional.

SB55-SSA1-CA1,790,7 (4) Defense; error notification and correction. A rental-purchase company is not liable for a violation of this subchapter resulting from an error by the rental-purchase company if, within 60 days after discovering the error, the rental-purchase company notifies the lessee of the error and makes any adjustments necessary to correct the error.

SB55-SSA1-CA1,790,15 (5) Defense; unintentional error. A rental-purchase company is not liable for a violation of this subchapter if the rental-purchase company shows by a preponderance of the evidence that the violation was not intentional, that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, and that the rental-purchase company has acted to correct the error. A bona fide error under this subsection includes a clerical error, an error in making calculations, an error due to computer malfunction or to computer programming, or a printing error.

SB55-SSA1-CA1,790,20 (6) Liability for multiple violations. Multiple violations of this subchapter in connection with the same rent-to-own agreement shall entitle the lessee to only a single recovery under sub. (1), except that a violation of s. 218.66 that occurs after recovery has been granted with respect to that rent-to-own agreement may entitle the lessee to an additional recovery under sub. (1).

SB55-SSA1-CA1,790,24 (7) Necessary parties. If more than one lessee is a party to the same rent-to-own agreement, all of the lessees that are parties to the rent-to-own agreement shall be joined as plaintiffs in any action under sub. (1), and the lessees are entitled to only a single recovery under sub. (1).

SB55-SSA1-CA1,791,5 218.686 Limitation on actions. An action brought by a lessee under this subchapter shall be commenced within one year after the date on which the alleged violation occurred, 2 years after the date on which the rent-to-own agreement was entered into, or one year after the date on which the last payment was made under the rent-to-own agreement, whichever is later.

SB55-SSA1-CA1,791,7 218.688 Venue. (1) Generally. The venue for a claim arising out of a rent-to-own agreement is any of the following counties:

SB55-SSA1-CA1,791,8 (a) Where the lessee resides or is personally served.

SB55-SSA1-CA1,791,9 (b) Where the rental property is located.

SB55-SSA1-CA1,791,12 (c) Where the lessee sought or acquired the rental property or signed the document evidencing his or her obligation under the terms of the rent-to-own agreement.

SB55-SSA1-CA1,791,17 (2) Change in venue. When it appears from the return of service of a summons or otherwise that the county in which an action is pending under sub. (1) is not a proper place of trial for the action, unless the defendant appears and waives the improper venue, the court shall transfer the action to any county that is a proper place of trial.

SB55-SSA1-CA1,791,20 (3) Multiple defendants. If there are several defendants in an action arising out of a rent-to-own agreement, and if venue is based on residence, venue may be in the county of residence of any of the defendants.

SB55-SSA1-CA1, s. 3021v Section 3021v. 220.02 (2) (b) of the statutes is amended to read:

SB55-SSA1-CA1,791,25 220.02 (2) (b) The lending of money under s. 138.09 or those relating to finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, rental-purchase companies, and collection agencies under ch. 218.

SB55-SSA1-CA1, s. 3021w Section 3021w. 220.02 (3) of the statutes is amended to read:

SB55-SSA1-CA1,792,9 220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges , rental-purchase companies, and collection agencies, and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals, or otherwise, but to exclude laws relating to credit unions.".

SB55-SSA1-CA1,792,10 1305. Page 1003, line 9: after that line insert:

SB55-SSA1-CA1,792,11 " Section 3024m. 221.0616 (2) of the statutes is amended to read:

SB55-SSA1-CA1,792,14 221.0616 (2) Experts. Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters that the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,792,15 1306. Page 1003, line 12: after that line insert:

SB55-SSA1-CA1,792,16 " Section 3036e. 229.64 (2) of the statutes is amended to read:

SB55-SSA1-CA1,792,22 229.64 (2) The legislature determines that a district including a county with a population of more than 500,000 600,000 serves a public purpose in that county and all counties that are contiguous to that county by providing recreation, by encouraging economic development and tourism, by reducing unemployment and by bringing needed capital into the multicounty area for the benefit of people in the multicounty area.

SB55-SSA1-CA1, s. 3036g Section 3036g. 229.67 of the statutes is amended to read:

SB55-SSA1-CA1,793,8 229.67 Jurisdiction. A district's jurisdiction is any county with a population of more than 500,000 600,000 and all counties that are contiguous to that county and that are not already included in a different district. Once created, a district's jurisdiction is fixed even if the population of other counties within the district subsequently exceed 500,000 exceeds 600,000. Once a county is included in a district's jurisdiction the county remains in the district until the district is dissolved under s. 229.71. In this section, "contiguous" includes a county that touches another county only at a corner.".

SB55-SSA1-CA1,793,9 1307. Page 1003, line 12: after that line insert:

SB55-SSA1-CA1,793,10 " Section 3037h. 229.46 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,793,13 229.46 (1) (a) "Minority business" has the meaning given in s. 200.49 (1) (a) means a business that is certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,793,14 1308. Page 1003, line 12: after that line insert:

SB55-SSA1-CA1,793,15 " Section 3034d. 227.20 (1) of the statutes is amended to read:

SB55-SSA1-CA1,793,22 227.20 (1) An Within 30 days after legislative review of a rule is completed under s. 227.19, the agency shall file a certified copy of each the proposed rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB55-SSA1-CA1, s. 3034j Section 3034j. 227.24 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,794,3 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 90 days.

SB55-SSA1-CA1, s. 3034k Section 3034k. 227.24 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,794,10 227.24 (2) (a) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for a period specified by the committee not to exceed 60 90 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not exceed 120 180 days.".

SB55-SSA1-CA1,794,11 1309. Page 1003, line 12: after that line insert:

SB55-SSA1-CA1,794,12 " Section 3035c. 227.43 (1) (bd) of the statutes is created to read:

SB55-SSA1-CA1,794,15 227.43 (1) (bd) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of forestry and which is not conducted by the secretary of forestry.

SB55-SSA1-CA1, s. 3035g Section 3035g. 227.43 (2) (am) of the statutes is created to read:

SB55-SSA1-CA1,794,20 227.43 (2) (am) The department of forestry shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bd) after the department of forestry is notified that a hearing on the matter is required.

SB55-SSA1-CA1, s. 3035n Section 3035n. 227.43 (3) (am) of the statutes is created to read:

SB55-SSA1-CA1,795,2 227.43 (3) (am) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of forestry by a hearing examiner under this section. The fees shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB55-SSA1-CA1, s. 3035r Section 3035r. 227.43 (4) (am) of the statutes is created to read:

SB55-SSA1-CA1,795,6 227.43 (4) (am) The department of forestry shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (bd), according to the fees set under sub. (3) (am).

SB55-SSA1-CA1, s. 3035w Section 3035w. 227.46 (8) of the statutes is amended to read:

SB55-SSA1-CA1,795,16 227.46 (8) If the hearing examiner assigned under s. 227.43 (1) (b) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of natural resources may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (bd) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of forestry may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (br) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of transportation may petition for judicial review.".

SB55-SSA1-CA1,795,17 1310. Page 1003, line 24: after that line insert:

SB55-SSA1-CA1,795,18 " Section 3037p. 229.70 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,795,21 229.70 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 3037q Section 3037q. 229.8273 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,796,3 229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 3037r Section 3037r. 229.845 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,796,7 229.845 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,796,8 1311. Page 1004, line 9: after that line insert:

SB55-SSA1-CA1,796,9 " Section 3047p. 230.08 (2) (dm) of the statutes is created to read:

SB55-SSA1-CA1,796,12 230.08 (2) (dm) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm).".

SB55-SSA1-CA1,796,13 1312. Page 1004, line 12: delete lines 12 to 18.

SB55-SSA1-CA1,796,14 1313. Page 1004, line 20: after that line insert:

SB55-SSA1-CA1,796,15 " Section 3051. 230.08 (2) (e) 13. of the statutes is amended to read:

SB55-SSA1-CA1,796,16 230.08 (2) (e) 13. Veterans affairs — 2 3.".

SB55-SSA1-CA1,796,17 1314. Page 1004, line 20: after that line insert:

SB55-SSA1-CA1,796,18 " Section 3050g. 230.08 (2) (e) 4p. of the statutes is created to read:

SB55-SSA1-CA1,796,19 230.08 (2) (e) 4p. Forestry — 1.

SB55-SSA1-CA1, s. 3050r Section 3050r. 230.08 (2) (e) 8. of the statutes is amended to read:

SB55-SSA1-CA1,796,21 230.08 (2) (e) 8. Natural resources — 7 6.".

SB55-SSA1-CA1,796,22 1315. Page 1004, line 21: delete lines 21 to 25.

SB55-SSA1-CA1,796,23 1316. Page 1005, line 1: delete lines 1 to 16.

SB55-SSA1-CA1,797,2 1317. Page 1005, line 18: delete "commandant of the" and substitute "commandants of the Wisconsin Veterans Home at King and the".

SB55-SSA1-CA1,797,3 1318. Page 1005, line 20: delete lines 20 to 25.

SB55-SSA1-CA1,797,4 1319. Page 1006, line 1: delete lines 1 to 13.

SB55-SSA1-CA1,797,5 1320. Page 1006, line 13: after that line insert:

SB55-SSA1-CA1,797,6 " Section 3060p. 230.10 (2) of the statutes is amended to read:

SB55-SSA1-CA1,797,21 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or certified to represent employees specified in s. 111.81 (7) (b) or (c) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.".

SB55-SSA1-CA1,797,22 1321. Page 1007, line 14: after that line insert:

SB55-SSA1-CA1,797,23 " Section 3061r. 230.143 of the statutes is created to read:

SB55-SSA1-CA1,798,4 230.143 Appointment; selective service registration. A person who is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473, but has not registered, may not receive any of the following during the period that the person is required to register:

SB55-SSA1-CA1,798,5 (1) An original appointment to a position in the classified service.

SB55-SSA1-CA1,798,6 (2) An appointment to a position described in s. 230.08 (2) (k).

SB55-SSA1-CA1,798,8 (3) An appointment to a position as a corps enrollee with the Wisconsin conservation corps program under s. 106.215 (1) (c).

SB55-SSA1-CA1, s. 3061t Section 3061t. 230.15 (1) of the statutes is amended to read:

SB55-SSA1-CA1,798,15 230.15 (1) Appointments Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination. The administrator may waive competitive examination for appointments made under subs. (1m) and (2) and shall waive competitive examination for appointments made under sub. (2m).".

SB55-SSA1-CA1,798,16 1322. Page 1007, line 14: after that line insert:

SB55-SSA1-CA1,798,17 " Section 3072h. 230.26 (4) of the statutes is amended to read:

SB55-SSA1-CA1,798,24 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional examinations.".

SB55-SSA1-CA1,799,1 1323. Page 1007, line 14: after that line insert:

SB55-SSA1-CA1,799,2 " Section 3078d. 230.35 (1) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,799,6 230.35 (1) (a) (intro.) Except as provided in subs. (1m) and, (1r), and (1s), appointing authorities shall grant to each person in their employ, except limited-term employees, based on accumulated continuous state service, annual leave of absence without loss of pay at the rate of:".

SB55-SSA1-CA1,799,7 1324. Page 1007, line 18: after that line insert: