Amendment SSA1-SB530

3. The substitute amendment allows the division to revoke or suspend licenses based on violations, promulgate rules and issue orders to enforce the substitute amendment's requirements, and assess administrative forfeitures of $100 per day against licensees who fail to notify the database operator about loans that are closed.

4. The substitute amendment provides that a violation of any of the substitute amendment's requirements is a misdemeanor subject to a fine of not more than $500, imprisonment for not more than six months, or both.

5. The substitute amendment allows a customer to recover damages of $250 or the amount of the payday loan, whichever is greater, as well as costs and attorney fees, from a person who makes a payday loan to the customer in violation of the substitute amendment's requirements.

6. The substitute amendment voids any payday loan made by a person who does not have a license required under the substitute amendment and allows a customer to recover any amounts paid to such a person.

7. The substitute amendment provides that licensees are not subject to civil forfeitures as a result of relying on inaccurate information contained in the database.

8. The substitute amendment allows a customer to repay a payday loan with proceeds of a subsequent payday loan made by the same or another licensee or an affiliate of the same or another licensee. In addition, if a licensee makes such a subsequent payday loan, the substitute amendment prohibits the customer from repaying the subsequent payday loan with another payday loan made by the same or another licensee or affiliate.

9. The substitute amendment allows a customer to rescind a payday loan, without incurring any fee, by returning the payday loan proceeds to the licensee by the close of business on the next business day after the payday loan is made.

10. The substitute amendment allows the division to operate the database described above, as an alternative to contracting with a third-party provider.

11. The substitute amendment prohibits a licensee or third-party provider from selling any information regarding a customer or a payday loan made to a customer.

12. The substitute amendment prohibits earnings garnishment actions to recover amounts owed on a payday loan.

13. The substitute amendment requires the division to make annual reports to the legislature regarding payday loans made in the preceding year.

Finally, the substitute amendment eliminates a requirement under current law that certain annual reports made by licensed lenders to the division must be verified by oath or affirmation. Instead, the substitute amendment requires the reports to be made in the form and manner prescribed by the division.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB530-SSA1, s. 1 Section 1. 20.144 (1) (g) of the statutes is amended to read:

SB530-SSA1,5,10 20.144 (1) (g) General program operations. The amounts in the schedule for the general program operations of the department of financial institutions. Except as provided in pars. (a), (h), (i), (j), and (u), all moneys received by the department, other than by the office of credit unions and the division of banking, and 88% of all moneys received by the department's division of banking shall be credited to this appropriation, but any balance at the close of a fiscal year under this appropriation shall lapse to the general fund. Annually, $200,000 of the amounts received under this appropriation account shall be transferred to the appropriation account under s. 20.575 (1) (g).

SB530-SSA1, s. 2 Section 2. 20.144 (1) (j) of the statutes is created to read:

SB530-SSA1,6,3 20.144 (1) (j) Payday loan database and financial literacy. All moneys received under s. 138.14 (14) (h), for developing, implementing, maintaining, or contracting for operating, the database under s. 138.14 (14), and for promoting financial literacy.

SB530-SSA1, s. 3 Section 3. 49.857 (1) (d) 12. of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

SB530-SSA1,6,8 49.857 (1) (d) 12. A license or certificate of registration issued under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or subch. IV of ch. 551.

SB530-SSA1, s. 4 Section 4. 59.69 (4h) of the statutes is created to read:

SB530-SSA1,6,10 59.69 (4h) Payday lenders. (a) Definitions. In this subsection:

SB530-SSA1,6,11 1. "Licensee" has the meaning given in s. 138.14 (1) (i).

SB530-SSA1,6,13 2. "Payday lender" means a business, owned by a licensee, that makes payday loans.

SB530-SSA1,6,14 3. "Payday loan" has the meaning given in s. 138.14 (1) (k).

SB530-SSA1,6,18 (b) Limits on locations of payday lenders. Except as provided in par. (c), no payday lender may operate in a county unless it receives a permit to do so from the county zoning agency, and the county zoning agency may not issue a permit to a payday lender if any of the following applies:

SB530-SSA1,6,20 1. The payday lender would be located within 1,500 feet of another payday lender.

SB530-SSA1,6,22 2. The payday lender would be located within 150 feet of a single-family or 2-family residential zoning district.

SB530-SSA1,6,24 (c) Exceptions. 1. Paragraph (b) only applies in the unincorporated parts of the county which have not adopted a zoning ordinance as authorized under s. 60.62 (1).

SB530-SSA1,7,2 2. A county may regulate payday lenders by enacting a zoning ordinance that contains provisions that are more strict than those specified in par. (b).

SB530-SSA1,7,6 3. If a county has enacted an ordinance regulating payday lenders that is in effect on the effective date of this subdivision .... [LRB inserts date], the ordinance may continue to apply and the county may continue to enforce the ordinance, but only if the ordinance is at least as restrictive as the provisions of par. (b).

SB530-SSA1,7,10 4. Notwithstanding the provisions of subd. 3., if a payday lender that is doing business on the effective date of this subdivision .... [LRB inserts date], from a location that does not comply with the provisions of par. (b), the payday lender may continue to operate from that location notwithstanding the provisions of par. (b).

SB530-SSA1, s. 5 Section 5. 62.23 (7) (hi) of the statutes is created to read:

SB530-SSA1,7,12 62.23 (7) (hi) Payday lenders. 1. In this paragraph:

SB530-SSA1,7,13 a. "Licensee" has the meaning given in s. 138.14 (1) (i).

SB530-SSA1,7,15 b. "Payday lender" means a business, owned by a licensee, that makes payday loans.

SB530-SSA1,7,16 c. "Payday loan" has the meaning given in s. 138.14 (1) (k).

SB530-SSA1,7,19 2. Except as provided in subds. 3., 4., and 5., no payday lender may operate in a city unless it receives a permit to do so from the city council, and the city council may not issue a permit to a payday lender if any of the following applies:

SB530-SSA1,7,21 a. The payday lender would be located within 1,500 feet of another payday lender.

SB530-SSA1,7,23 b. The payday lender would be located within 150 feet of a single-family or 2-family residential zoning district.

SB530-SSA1,7,25 3. A city may regulate payday lenders by enacting a zoning ordinance that contains provisions that are more strict than those specified in subd. 2.

SB530-SSA1,8,4 4. If a city has enacted an ordinance regulating payday lenders that is in effect on the effective date of this subdivision .... [LRB inserts date], the ordinance may continue to apply and the city may continue to enforce the ordinance, but only if the ordinance is at least as restrictive as the provisions of subd. 2.

SB530-SSA1,8,8 5. Notwithstanding the provisions of subd. 4., if a payday lender that is doing business on the effective date of this subdivision .... [LRB inserts date], from a location that does not comply with the provisions of subd. 2., the payday lender may continue to operate from that location notwithstanding the provisions of subd. 2.

SB530-SSA1, s. 6 Section 6. 73.0301 (1) (d) 6. of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

SB530-SSA1,8,14 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

SB530-SSA1, s. 7 Section 7. 138.04 of the statutes is amended to read:

SB530-SSA1,8,21 138.04 Legal rate. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be $5 upon the $100 for one year and according to that rate for a greater or less sum or for a longer or a shorter time; but parties may contract for the payment and receipt of a rate of interest not exceeding the rate allowed in ss. 138.041 to 138.056, 138.09 to 138.12 138.14, 218.0101 to 218.0163, or 422.201, in which case such rate shall be clearly expressed in writing.

SB530-SSA1, s. 8 Section 8. 138.09 (1a) of the statutes is created to read:

SB530-SSA1,8,23 138.09 (1a) This section does not apply to any of the following:

SB530-SSA1,8,25 (a) Banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

SB530-SSA1,8,26 (b) Payday loans made under s. 138.14.

SB530-SSA1, s. 9 Section 9. 138.09 (1m) (a) of the statutes is amended to read:

SB530-SSA1,9,13 138.09 (1m) (a) 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, or assess a finance charge on a consumer loan in excess of 18% per year, that person shall first obtain a license from the division. Applications for a license shall be in writing and upon forms provided for this purpose by the division. An applicant at the time of making an application shall pay to the 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 division pay to the division the amount by which the cost of the investigation exceeds the nonrefundable fee.

SB530-SSA1, s. 10 Section 10. 138.09 (3) (e) 1. g. of the statutes is created to read:

SB530-SSA1,9,15 138.09 (3) (e) 1. g. A payday loan licensee under s. 138.14.

SB530-SSA1, s. 11 Section 11. 138.09 (3) (f) of the statutes is amended to read:

SB530-SSA1,9,26 138.09 (3) (f) Every licensee shall make an annual report to the division for each calendar year on or before March 15 of the following year. The report shall cover include business transacted by the licensee under the provisions of this section and shall give all reasonable and relevant information that the division may require. The reports shall be made upon forms furnished in the form and manner prescribed by the 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 the licensee.

SB530-SSA1, s. 12 Section 12. 138.10 (2m) of the statutes is amended to read:

SB530-SSA1,10,6 138.10 (2m) Pawnbroking by licensed lenders. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under s. 138.09 or 138.14.

SB530-SSA1, s. 13 Section 13. 138.10 (15) of the statutes is amended to read:

SB530-SSA1,10,9 138.10 (15) Exception. This section does not apply to any person that is licensed under s. 138.09 or 138.14.

SB530-SSA1, s. 14 Section 14. 138.14 of the statutes is created to read:

SB530-SSA1,10,11 138.14 Payday loans. (1) Definitions. In this section:

SB530-SSA1,10,14 (a) "Affiliate" means, with respect to a person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. In this paragraph "control" means any of the following:

SB530-SSA1,10,17 1. For a corporation, direct or indirect ownership of, or the right to control, 10 percent or more of the voting shares of the corporation, or the ability of a person to elect a majority of the directors or otherwise effect a change in policy.

SB530-SSA1,10,19 2. For any entity other than a corporation, the ability to change the active or passive principals of the organization.

SB530-SSA1,10,20 (b) "Check" has the meaning given in s. 403.104 (6).

SB530-SSA1,10,22 (bm) "Customer" means an individual who enters into a payday loan with a licensee.

SB530-SSA1,10,23 (c) "Database" means the statewide database described in sub. (14).

SB530-SSA1,11,3 (d) "Database provider" means a 3rd-party provider with whom the department contracts to operate the database or, if the division elects to operate the database, the division.

SB530-SSA1,11,4 (e) "Department" means the department of financial institutions.

SB530-SSA1,11,5 (f) "Division" means the division of banking.

SB530-SSA1,11,8 (g) "Financial establishment" means any organization that is authorized to do business under state or federal law and that holds a demand deposit, savings deposit, or other asset account belonging to an individual.

SB530-SSA1,11,9 (h) "General order" means an order that is not a special order.

SB530-SSA1,11,11 (i) "Licensee" means a person holding a license issued by the division under sub. (5).

SB530-SSA1,11,13 (j) "Maturity date" means the date specified when originating a payday loan on which the loan is required to be paid in full.

SB530-SSA1,11,14 (k) "Payday loan" means any of the following:

SB530-SSA1,11,21 1. A transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept from the individual one or more checks, to hold the check or checks for a period of time before negotiating or presenting the check or checks for payment, and to loan to the individual, for a term of 90 days or less, before negotiating or presenting the check or checks for payment, an amount that is agreed to by the individual.

SB530-SSA1,12,3 2. A transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept the individual's authorization to initiate one or more electronic fund transfers from the account, to wait a period of time before initiating the electronic fund transfer or transfers, and to loan to the individual, for a term of 90 days or less, before initiating the electronic fund transfer or transfers, an amount that is agreed to by the individual.

SB530-SSA1,12,4 (L) "Special order" means an order against a person.

SB530-SSA1,12,11 (2) License required. A person may not originate or service a payday loan involving a Wisconsin resident without first having obtained from the division a license under sub. (5) for each place of business at which the person originates or services payday loans involving Wisconsin residents. Such a license is required for, and this section applies to, all payday loans made to a Wisconsin resident, regardless of whether the loan is made by face-to-face contact, mail, telephone, Internet, or any other means.

SB530-SSA1,12,13 (3) Exemptions. This section does not apply to banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

SB530-SSA1,12,16 (4) Applications; fees; bond. (a) 1. Application for licenses under sub. (5) shall be made to the division in writing in the form and manner prescribed by the division and shall include all of the following:

SB530-SSA1,12,18 a. Except as provided in subd. 3., if the applicant is an individual, the applicant's social security number.

SB530-SSA1,12,20 b. If the applicant is not an individual, the applicant's federal employer identification number.

SB530-SSA1,12,23 c. A statement signed by or on behalf of the applicant that acknowledges that the applicant is subject to the debt collection requirements under ch. 427 with respect to payday loans.

SB530-SSA1,12,25 2. The division may not disclose any information received under subd. 1. a. or b. to any person except as follows:

SB530-SSA1,13,3 a. The division may disclose information under subd. 1. a. or b. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB530-SSA1,13,6 b. The division may disclose information under subd. 1. a. to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.