AB40-ASA1,1086,1513 132.01 (5) The secretary of state department may not register any mark which
14consists of or comprises a replica or simulation of the flag, coat of arms, or insignia
15of the United States of America, or of any state or municipality or any foreign nation.
AB40-ASA1, s. 2609 16Section 2609. 132.01 (6) of the statutes is amended to read:
AB40-ASA1,1086,2217 132.01 (6) (a) A registration recorded or renewed under this section or s. 132.04
18or 132.11 before May 1, 1990, is effective for 20 years. A registration may be renewed
19on or after May 1, 1990, for 10-year periods upon application to the secretary of state
20department and payment of the same fee required for a registration. Application for
21renewal shall be made within 6 months before the expiration of the 20-year
22registration period or 10-year renewal period specified in this paragraph.
AB40-ASA1,1087,223 (b) A registration recorded under this section or s. 132.04 or 132.11 on or after
24May 1, 1990, is effective for 10 years. A registration may be renewed for 10-year
25periods upon application to the secretary of state department and payment of the

1same fee required for a registration. Application for renewal shall be made within
26 months before the expiration of the 10-year period specified in this paragraph.
AB40-ASA1, s. 2610 3Section 2610. 132.01 (7) (intro.) of the statutes is amended to read:
AB40-ASA1,1087,54 132.01 (7) (intro.) The secretary of state department shall do all of the
5following:
AB40-ASA1, s. 2611 6Section 2611. 132.01 (7) (b) of the statutes is amended to read:
AB40-ASA1,1087,97 132.01 (7) (b) Cancel from his or her register a registration of a mark under this
8section upon the request of the registrant of the mark. The secretary of state
9department may not charge a fee for canceling a registration under this paragraph.
AB40-ASA1, s. 2612 10Section 2612. 132.01 (8) of the statutes is amended to read:
AB40-ASA1,1087,2011 132.01 (8) Any person, firm, partnership, corporation, association or union who
12claims a right to the use of subject matter conflicting with any registration by another
13may bring action against such other in the circuit court for the county in which such
14other resides, or in the circuit court for Dane County, and in any such action the right
15to the use and registration of such subject matter shall be determined as between the
16parties, and registration shall be granted or withheld or canceled by the secretary
17of state
department in accordance with the final judgment in any such action.
18Nonuser for a period of at least 2 years continuing to the date of commencement of
19any action in which abandonment is in issue shall be prima facie evidence of
20abandonment to the extent of such nonuser.
AB40-ASA1, s. 2613 21Section 2613. 132.01 (9) of the statutes is amended to read:
AB40-ASA1,1088,522 132.01 (9) Title to any registration hereunder shall pass to any person, firm or
23corporation succeeding to the registrant's business to which such registration
24pertains. Written assignments of any such registration from a registrant to such a
25successor may be filed with and shall be recorded by the secretary of state

1department upon payment of the fee specified in sub. (3). When such assignment is
2recorded, a new registration shall be entered in the name of the assignee, and on such
3registration and any subsequent certificates or registration of an assigned
4registration the secretary of state department shall show the previous ownership
5and dates of assignment thereof.
AB40-ASA1, s. 2614 6Section 2614. 132.031 of the statutes is amended to read:
AB40-ASA1,1088,14 7132.031 Certificate; evidence. The secretary of state department shall
8deliver to the person, corporation, association or union so filing or causing to be filed
9any such mark, or any assignment of such subject matter previously registered, or
10to any person, corporation, association or union renewing a registration, as many
11duly attested certificates of the registration or renewal of the same as may be desired.
12Any such certificate shall, in all suits and prosecutions arising out of or depending
13upon any rights claimed under such mark, be prima facie evidence of the adoption
14thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.
AB40-ASA1, s. 2615 15Section 2615. 132.04 (1) of the statutes is amended to read:
AB40-ASA1,1089,416 132.04 (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles,
17casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her
18names, brands, designs, trademarks, devices or other marks of ownership stamped,
19impressed, labeled, blown in or otherwise marked thereon, may file with the
20secretary of state department and record with the register of deeds of any county in
21which the person has his or her principal place of business, a written statement or
22description verified by affidavit of the owner or his or her agent, of the names, brands,
23designs, trademarks, devices or other marks of ownership used by him or her, and
24of the articles upon which they are used, or if the principal place of business is outside
25the state, then a written statement or verified description may be recorded with the

1register of deeds of any county. The statement shall be published as a class 3 notice,
2under ch. 985, in the county, and a copy of the publication, proved as provided in s.
3985.12, shall also be filed with the secretary of state department and recorded with
4the register of deeds.
AB40-ASA1, s. 2616 5Section 2616. 132.04 (2) of the statutes is amended to read:
AB40-ASA1,1089,166 132.04 (2) All such written statements or descriptions and all such certificates
7of publication so filed or recorded shall be subject at all reasonable hours to public
8inspection. The secretary of state department and the register of deeds shall deliver
9to all applicants certified copies of all such written statements or descriptions or
10names, brands, designs, trademarks, devices, or other marks of ownership and of all
11certificates of publication filed or recorded with them and such certified copies shall
12be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be
13prima facie evidence that this section has been complied with, and of the title of the
14owner named therein to the property upon which the name, brand, design,
15trademark, device, or other marks of ownership of the owner appear as described
16therein.
AB40-ASA1, s. 2617 17Section 2617. 132.04 (3) of the statutes is amended to read:
AB40-ASA1,1089,2218 132.04 (3) The secretary of state department shall receive a fee of $15 and the
19register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each
20statement and certificate of publication filed or recorded and shall also receive the
21fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate
22of publication, to be paid for by the person filing, recording or applying for the same.
AB40-ASA1, s. 2618 23Section 2618. 132.04 (4) of the statutes is amended to read:
AB40-ASA1,1090,224 132.04 (4) (a) The secretary of state department and register of deeds shall
25cancel a statement or description under this section upon the request of the person

1named in the records of the secretary of state department or register of deeds as the
2owner of marks of ownership described in the statement or description.
AB40-ASA1,1090,43 (b) The secretary of state department and register of deeds may not charge a
4fee for canceling a statement or description under par. (a).
AB40-ASA1, s. 2619 5Section 2619. 132.11 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,1090,76 132.11 (1) (intro.) The secretary of state department shall do all of the
7following:
AB40-ASA1, s. 2620 8Section 2620. 132.11 (1) (c) of the statutes is amended to read:
AB40-ASA1,1090,139 132.11 (1) (c) Cancel the description of a name, brand or trademark recorded
10under par. (a) upon the request of the person, firm or corporation named in the
11records of the secretary of state department as the owner of the name, brand or
12trademark. The secretary of state department may not charge a fee for canceling a
13description under this paragraph.
AB40-ASA1, s. 2621 14Section 2621. 132.16 (1m) of the statutes is amended to read:
AB40-ASA1,1090,1815 132.16 (1m) Any organization may register, in the office of the secretary of
16state,
with the department a facsimile, duplicate, or description of any of the
17organization's identifying information and may, by reregistration, alter or cancel the
18organization's identifying information.
AB40-ASA1, s. 2622 19Section 2622. 132.16 (2) of the statutes is amended to read:
AB40-ASA1,1090,2420 132.16 (2) Application for registration or reregistration under sub. (1m) shall
21be made by the organization's chief officer or officers upon forms provided by the
22secretary of state department. The registration shall be for the use, benefit, and on
23behalf of the organization and the organization's current and future individual
24members throughout this state.
AB40-ASA1, s. 2623 25Section 2623. 132.16 (3) of the statutes is amended to read:
AB40-ASA1,1091,3
1132.16 (3) The secretary of state department shall keep a properly indexed file
2of all registrations under this section, which shall also show any alterations or
3cancelations by reregistration.
AB40-ASA1, s. 2624 4Section 2624. 132.16 (5) of the statutes is amended to read:
AB40-ASA1,1091,75 132.16 (5) Upon granting registration under this section, the secretary of state
6department shall issue his or her a certificate to the petitioners, setting forth the fact
7of the registration.
AB40-ASA1, s. 2625 8Section 2625. 132.16 (6) of the statutes is amended to read:
AB40-ASA1,1091,149 132.16 (6) The fees of the secretary of state department for registration or
10reregistration under this section, searches made by the secretary of state
11department, and certificates issued by the secretary of state department under this
12section, shall be the same as provided by law for similar services. The fees collected
13under this section shall be paid by the secretary of state department into the state
14treasury.
AB40-ASA1, s. 2626 15Section 2626. 137.01 (1) (a) of the statutes is amended to read:
AB40-ASA1,1091,1916 137.01 (1) (a) The governor shall appoint notaries public who shall be United
17States residents and at least 18 years of age. Applicants who are not attorneys shall
18file an application with the secretary of state department of financial institutions
19and pay a $20 fee.
AB40-ASA1, s. 2627 20Section 2627. 137.01 (1) (b) of the statutes is amended to read:
AB40-ASA1,1091,2421 137.01 (1) (b) The secretary of state financial institutions shall satisfy himself
22or herself that the applicant has the equivalent of an 8th grade education, is familiar
23with the duties and responsibilities of a notary public and, subject to ss. 111.321,
24111.322 and 111.335, does not have an arrest or conviction record.
AB40-ASA1, s. 2628 25Section 2628. 137.01 (1) (d) of the statutes is amended to read:
AB40-ASA1,1092,4
1137.01 (1) (d) Qualified applicants shall be notified by the secretary of state
2department of financial institutions to take and file the official oath and execute and
3file an official bond in the sum of $500, with a surety executed by a surety company
4and approved by the secretary of state financial institutions.
AB40-ASA1, s. 2629 5Section 2629. 137.01 (1) (e) of the statutes is amended to read:
AB40-ASA1,1092,86 137.01 (1) (e) The qualified applicant shall file his or her signature, post-office
7address and an impression of his or her official seal, or imprint of his or her official
8rubber stamp with the secretary of state department of financial institutions.
AB40-ASA1, s. 2630 9Section 2630. 137.01 (1) (g) of the statutes is amended to read:
AB40-ASA1,1092,1210 137.01 (1) (g) At least 30 days before the expiration of a commission the
11secretary of state department of financial institutions shall mail notice of the
12expiration date to the holder of a commission.
AB40-ASA1, s. 2631 13Section 2631. 137.01 (2) (a) of the statutes is amended to read:
AB40-ASA1,1092,2014 137.01 (2) (a) Except as provided in par. (am), any United States resident who
15is licensed to practice law in this state is entitled to a permanent commission as a
16notary public upon application to the secretary of state department of financial
17institutions
and payment of a $50 fee. The application shall include a certificate of
18good standing from the supreme court, the signature and post-office address of the
19applicant and an impression of the applicant's official seal, or imprint of the
20applicant's official rubber stamp.
AB40-ASA1, s. 2632 21Section 2632. 137.01 (2) (am) of the statutes is amended to read:
AB40-ASA1,1093,422 137.01 (2) (am) If a United States resident has his or her license to practice law
23in this state suspended or revoked, upon reinstatement of his or her license to
24practice law in this state, the person may be entitled to receive a certificate of
25appointment as a notary public for a term of 4 years. An eligible notary appointed

1under this paragraph is entitled to reappointment for 4-year increments. At least
230 days before the expiration of a commission under this paragraph the secretary of
3state
department of financial institutions shall mail notice of the expiration date to
4the holder of the commission.
AB40-ASA1, s. 2633 5Section 2633. 137.01 (2) (b) of the statutes is amended to read:
AB40-ASA1,1093,96 137.01 (2) (b) The secretary of state financial institutions shall issue a
7certificate of appointment as a notary public to persons who qualify under the
8requirements of this subsection. The certificate shall state that the notary
9commission is permanent or is for 4 years.
AB40-ASA1, s. 2634 10Section 2634. 137.01 (2) (c) of the statutes is amended to read:
AB40-ASA1,1093,1411 137.01 (2) (c) The supreme court shall file with the secretary of state
12department of financial institutions notice of the surrender, suspension or revocation
13of the license to practice law of any attorney who holds a permanent commission as
14a notary public. Such notice shall be deemed a revocation of said commission.
AB40-ASA1, s. 2635 15Section 2635. 137.01 (6) (a) of the statutes is amended to read:
AB40-ASA1,1093,1816 137.01 (6) (a) The secretary of state financial institutions may certify to the
17official qualifications of any notary public and to the genuineness of the notary
18public's signature and seal or rubber stamp.
AB40-ASA1, s. 2636 19Section 2636. 137.01 (6m) of the statutes is amended to read:
AB40-ASA1,1093,2320 137.01 (6m) Change of residence. A notary public does not vacate his or her
21office by reason of his or her change of residence within the United States. Written
22notice of any change of address shall be given to the secretary of state department
23of financial institutions
within 10 days of the change.
AB40-ASA1, s. 2637 24Section 2637. 137.01 (7) of the statutes is amended to read:
AB40-ASA1,1094,11
1137.01 (7) Official records to be filed. When any notary public ceases to hold
2office, the notary public, or in case of the notary public's death the notary public's
3personal representative, shall deposit the notary public's official records and papers
4in the office of the secretary of state with the department of financial institutions.
5If the notary or personal representative, after the records and papers come to his or
6her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than
7$50 nor more than $500. If any person knowingly destroys, defaces, or conceals any
8records or papers of any notary public, the person shall forfeit not less than $50 nor
9more than $500, and shall be liable for all damages resulting to the party injured.
10The secretary of state department of financial institutions shall receive and safely
11keep all such papers and records.
AB40-ASA1, s. 2637b 12Section 2637b. 138.045 of the statutes is created to read:
AB40-ASA1,1094,18 13138.045 Method of calculating interest. Interest on any note, bond, or
14other instrument computed on the declining unpaid principal balance from time to
15time outstanding may be computed and charged on actual unpaid balances at 1/360
16of the annual rate for the actual number of days outstanding if the use of this
17calculation method is disclosed in the note, bond, or other instrument. This section
18does not apply to pawnbrokers' loans under s. 138.10.
AB40-ASA1, s. 2637d 19Section 2637d. 138.09 (1a) (a) of the statutes is amended to read:
AB40-ASA1,1094,2120 138.09 (1a) (a) Banks, savings banks, savings and loan associations, trust
21companies, credit unions, or any of their affiliates.
AB40-ASA1, s. 2637gc 22Section 2637gc. 138.14 (1) (bd) of the statutes is created to read:
AB40-ASA1,1094,2323 138.14 (1) (bd) "Consumer report" has the meaning given in 15 USC 1681a (d).
AB40-ASA1, s. 2637gd 24Section 2637gd. 138.14 (1) (be) of the statutes is created to read:
AB40-ASA1,1095,2
1138.14 (1) (be) "Consumer reporting agency" has the meaning given in 15 USC
21681a
(f).
AB40-ASA1, s. 2637gf 3Section 2637gf. 138.14 (1) (k) 1. of the statutes is amended to read:
AB40-ASA1,1095,104 138.14 (1) (k) 1. A transaction between an individual with an account at a
5financial establishment and another person, including a person who is not physically
6located in this state, in which the person agrees to accept from the individual one or
7more checks, to hold the check or checks for a period of time before negotiating or
8presenting the check or checks for payment, and to loan to the individual, for a term
9of 90 days or less,
before negotiating or presenting the check or checks for payment,
10an amount that is agreed to by the individual.
AB40-ASA1, s. 2637gg 11Section 2637gg. 138.14 (1) (k) 2. of the statutes is amended to read:
AB40-ASA1,1095,1812 138.14 (1) (k) 2. A transaction between an individual with an account at a
13financial establishment and another person, including a person who is not physically
14located in this state, in which the person agrees to accept the individual's
15authorization to initiate one or more electronic fund transfers from the account, to
16wait a period of time before initiating the electronic fund transfer or transfers, and
17to loan to the individual, for a term of 90 days or less, before initiating the electronic
18fund transfer or transfers, an amount that is agreed to by the individual.
AB40-ASA1, s. 2637gi 19Section 2637gi. 138.14 (3) of the statutes is amended to read:
AB40-ASA1,1095,2220 138.14 (3) Exemptions. This section does not apply to banks, savings banks,
21savings and loan associations, trust companies, credit unions, or any of their
22affiliates
.
AB40-ASA1, s. 2637gk 23Section 2637gk. 138.14 (7) (e) 6. of the statutes is amended to read:
AB40-ASA1,1095,2524 138.14 (7) (e) 6. The number of payday loans made during the preceding year
25that resulted in repayment under sub. (11g) (a).
AB40-ASA1, s. 2637gm
1Section 2637gm. 138.14 (9g) (a) 6. of the statutes is amended to read:
AB40-ASA1,1096,32 138.14 (9g) (a) 6. Disclose to the applicant the payment requirements that may
3apply under sub. (11g) (a) if the loan is not paid in full at the end of the loan term.
AB40-ASA1, s. 2637go 4Section 2637go. 138.14 (9m) of the statutes is created to read:
AB40-ASA1,1096,115 138.14 (9m) Income verification. Before entering into a payday loan with an
6applicant that has not previously been a customer of the licensee, the licensee may
7request the applicant's consumer report from a consumer reporting agency as part
8of the licensee's underwriting process and the licensee may rely on the consumer
9report as a permissible method of income verification in making the payday loan.
10The licensee may also rely on the same consumer report in underwriting and making
11subsequent payday loans to the same customer.
AB40-ASA1, s. 2637gq 12Section 2637gq. 138.14 (9r) (c) 4. of the statutes is amended to read:
AB40-ASA1,1096,1413 138.14 (9r) (c) 4. The percentage of customers originating payday loans that
14resulted in repayment under sub. (11g) (a).
AB40-ASA1, s. 2637gs 15Section 2637gs. 138.14 (10) (a) 2. of the statutes is amended to read:
AB40-ASA1,1097,216 138.14 (10) (a) 2. If a payday loan is not paid in full on or before the maturity
17date, a licensee may charge, after the maturity date, interest at a rate not exceeding
182.75 percent per month, except that if a licensee makes a subsequent payday loan to
19the customer under sub. (12) (a), and the customer does not pay the subsequent loan
20in full on or before the maturity date of the subsequent loan, the licensee may
charge,
21after the maturity date of the subsequent loan, interest at a rate not exceeding 2.75
22percent per month on the subsequent loan and the licensee may not charge any
23interest under this subdivision on the prior loan. Interest earned under this
24subdivision shall be calculated at the rate of one-thirtieth of the monthly rate

1charged for each calendar day that the balance of the loan is outstanding. Interest
2may not be assessed on any interest earned under this subdivision
.
AB40-ASA1, s. 2637gu 3Section 2637gu. 138.14 (10) (am) of the statutes is amended to read:
AB40-ASA1,1097,74 138.14 (10) (am) Penalties. Except as provided in par. (b) 2., no licensee may
5impose any penalty on a customer arising from the customer's prepayment of or
6default or late payment on a payday loan, including any payment under sub. (11g)
7(a).
AB40-ASA1, s. 2637hc 8Section 2637hc. 138.14 (11g) of the statutes is renumbered 138.14 (11g) (a)
9and amended to read:
AB40-ASA1,1097,1410 138.14 (11g) (a) If Except as provided in par. (b), if a customer fails to repay a
11payday loan in full at the end of the loan term, the licensee that made the loan shall
12offer the customer the opportunity to repay the outstanding balance of the loan in
134 equal installments with due dates coinciding with the customer's pay period
14schedule.
Loading...
Loading...