Amendment ASA1-AB40

AB40-ASA1, s. 2610 Section 2610. 132.01 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1087,5 132.01 (7) (intro.) The secretary of state department shall do all of the following:

AB40-ASA1, s. 2611 Section 2611. 132.01 (7) (b) of the statutes is amended to read:

AB40-ASA1,1087,9 132.01 (7) (b) Cancel from his or her register a registration of a mark under this section upon the request of the registrant of the mark. The secretary of state department may not charge a fee for canceling a registration under this paragraph.

AB40-ASA1, s. 2612 Section 2612. 132.01 (8) of the statutes is amended to read:

AB40-ASA1,1087,20 132.01 (8) Any person, firm, partnership, corporation, association or union who claims a right to the use of subject matter conflicting with any registration by another may bring action against such other in the circuit court for the county in which such other resides, or in the circuit court for Dane County, and in any such action the right to the use and registration of such subject matter shall be determined as between the parties, and registration shall be granted or withheld or canceled by the secretary of state department in accordance with the final judgment in any such action. Nonuser for a period of at least 2 years continuing to the date of commencement of any action in which abandonment is in issue shall be prima facie evidence of abandonment to the extent of such nonuser.

AB40-ASA1, s. 2613 Section 2613. 132.01 (9) of the statutes is amended to read:

AB40-ASA1,1088,5 132.01 (9) Title to any registration hereunder shall pass to any person, firm or corporation succeeding to the registrant's business to which such registration pertains. Written assignments of any such registration from a registrant to such a successor may be filed with and shall be recorded by the secretary of state department upon payment of the fee specified in sub. (3). When such assignment is recorded, a new registration shall be entered in the name of the assignee, and on such registration and any subsequent certificates or registration of an assigned registration the secretary of state department shall show the previous ownership and dates of assignment thereof.

AB40-ASA1, s. 2614 Section 2614. 132.031 of the statutes is amended to read:

AB40-ASA1,1088,14 132.031 Certificate; evidence. The secretary of state department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewing a registration, as many duly attested certificates of the registration or renewal of the same as may be desired. Any such certificate shall, in all suits and prosecutions arising out of or depending upon any rights claimed under such mark, be prima facie evidence of the adoption thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.

AB40-ASA1, s. 2615 Section 2615. 132.04 (1) of the statutes is amended to read:

AB40-ASA1,1089,4 132.04 (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other marks of ownership stamped, impressed, labeled, blown in or otherwise marked thereon, may file with the secretary of state department and record with the register of deeds of any county in which the person has his or her principal place of business, a written statement or description verified by affidavit of the owner or his or her agent, of the names, brands, designs, trademarks, devices or other marks of ownership used by him or her, and of the articles upon which they are used, or if the principal place of business is outside the state, then a written statement or verified description may be recorded with the register of deeds of any county. The statement shall be published as a class 3 notice, under ch. 985, in the county, and a copy of the publication, proved as provided in s. 985.12, shall also be filed with the secretary of state department and recorded with the register of deeds.

AB40-ASA1, s. 2616 Section 2616. 132.04 (2) of the statutes is amended to read:

AB40-ASA1,1089,16 132.04 (2) All such written statements or descriptions and all such certificates of publication so filed or recorded shall be subject at all reasonable hours to public inspection. The secretary of state department and the register of deeds shall deliver to all applicants certified copies of all such written statements or descriptions or names, brands, designs, trademarks, devices, or other marks of ownership and of all certificates of publication filed or recorded with them and such certified copies shall be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be prima facie evidence that this section has been complied with, and of the title of the owner named therein to the property upon which the name, brand, design, trademark, device, or other marks of ownership of the owner appear as described therein.

AB40-ASA1, s. 2617 Section 2617. 132.04 (3) of the statutes is amended to read:

AB40-ASA1,1089,22 132.04 (3) The secretary of state department shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.

AB40-ASA1, s. 2618 Section 2618. 132.04 (4) of the statutes is amended to read:

AB40-ASA1,1090,2 132.04 (4) (a) The secretary of state department and register of deeds shall cancel a statement or description under this section upon the request of the person named in the records of the secretary of state department or register of deeds as the owner of marks of ownership described in the statement or description.

AB40-ASA1,1090,4 (b) The secretary of state department and register of deeds may not charge a fee for canceling a statement or description under par. (a).

AB40-ASA1, s. 2619 Section 2619. 132.11 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1090,7 132.11 (1) (intro.) The secretary of state department shall do all of the following:

AB40-ASA1, s. 2620 Section 2620. 132.11 (1) (c) of the statutes is amended to read:

AB40-ASA1,1090,13 132.11 (1) (c) Cancel the description of a name, brand or trademark recorded under par. (a) upon the request of the person, firm or corporation named in the records of the secretary of state department as the owner of the name, brand or trademark. The secretary of state department may not charge a fee for canceling a description under this paragraph.

AB40-ASA1, s. 2621 Section 2621. 132.16 (1m) of the statutes is amended to read:

AB40-ASA1,1090,18 132.16 (1m) Any organization may register, in the office of the secretary of state, with the department a facsimile, duplicate, or description of any of the organization's identifying information and may, by reregistration, alter or cancel the organization's identifying information.

AB40-ASA1, s. 2622 Section 2622. 132.16 (2) of the statutes is amended to read:

AB40-ASA1,1090,24 132.16 (2) Application for registration or reregistration under sub. (1m) shall be made by the organization's chief officer or officers upon forms provided by the secretary of state department. The registration shall be for the use, benefit, and on behalf of the organization and the organization's current and future individual members throughout this state.

AB40-ASA1, s. 2623 Section 2623. 132.16 (3) of the statutes is amended to read:

AB40-ASA1,1091,3 132.16 (3) The secretary of state department shall keep a properly indexed file of all registrations under this section, which shall also show any alterations or cancelations by reregistration.

AB40-ASA1, s. 2624 Section 2624. 132.16 (5) of the statutes is amended to read:

AB40-ASA1,1091,7 132.16 (5) Upon granting registration under this section, the secretary of state department shall issue his or her a certificate to the petitioners, setting forth the fact of the registration.

AB40-ASA1, s. 2625 Section 2625. 132.16 (6) of the statutes is amended to read:

AB40-ASA1,1091,14 132.16 (6) The fees of the secretary of state department for registration or reregistration under this section, searches made by the secretary of state department, and certificates issued by the secretary of state department under this section, shall be the same as provided by law for similar services. The fees collected under this section shall be paid by the secretary of state department into the state treasury.

AB40-ASA1, s. 2626 Section 2626. 137.01 (1) (a) of the statutes is amended to read:

AB40-ASA1,1091,19 137.01 (1) (a) The governor shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state department of financial institutions and pay a $20 fee.

AB40-ASA1, s. 2627 Section 2627. 137.01 (1) (b) of the statutes is amended to read:

AB40-ASA1,1091,24 137.01 (1) (b) The secretary of state financial institutions shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB40-ASA1, s. 2628 Section 2628. 137.01 (1) (d) of the statutes is amended to read:

AB40-ASA1,1092,4 137.01 (1) (d) Qualified applicants shall be notified by the secretary of state department of financial institutions to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the secretary of state financial institutions.

AB40-ASA1, s. 2629 Section 2629. 137.01 (1) (e) of the statutes is amended to read:

AB40-ASA1,1092,8 137.01 (1) (e) The qualified applicant shall file his or her signature, post-office address and an impression of his or her official seal, or imprint of his or her official rubber stamp with the secretary of state department of financial institutions.

AB40-ASA1, s. 2630 Section 2630. 137.01 (1) (g) of the statutes is amended to read:

AB40-ASA1,1092,12 137.01 (1) (g) At least 30 days before the expiration of a commission the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of a commission.

AB40-ASA1, s. 2631 Section 2631. 137.01 (2) (a) of the statutes is amended to read:

AB40-ASA1,1092,20 137.01 (2) (a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state department of financial institutions and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB40-ASA1, s. 2632 Section 2632. 137.01 (2) (am) of the statutes is amended to read:

AB40-ASA1,1093,4 137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of the commission.

AB40-ASA1, s. 2633 Section 2633. 137.01 (2) (b) of the statutes is amended to read:

AB40-ASA1,1093,9 137.01 (2) (b) The secretary of state financial institutions shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

AB40-ASA1, s. 2634 Section 2634. 137.01 (2) (c) of the statutes is amended to read:

AB40-ASA1,1093,14 137.01 (2) (c) The supreme court shall file with the secretary of state department of financial institutions notice of the surrender, suspension or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

AB40-ASA1, s. 2635 Section 2635. 137.01 (6) (a) of the statutes is amended to read:

AB40-ASA1,1093,18 137.01 (6) (a) The secretary of state financial institutions may certify to the official qualifications of any notary public and to the genuineness of the notary public's signature and seal or rubber stamp.

AB40-ASA1, s. 2636 Section 2636. 137.01 (6m) of the statutes is amended to read:

AB40-ASA1,1093,23 137.01 (6m) Change of residence. A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the secretary of state department of financial institutions within 10 days of the change.

AB40-ASA1, s. 2637 Section 2637. 137.01 (7) of the statutes is amended to read:

AB40-ASA1,1094,11 137.01 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's personal representative, shall deposit the notary public's official records and papers in the office of the secretary of state with the department of financial institutions. If the notary or personal representative, after the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured. The secretary of state department of financial institutions shall receive and safely keep all such papers and records.

AB40-ASA1, s. 2637b Section 2637b. 138.045 of the statutes is created to read:

AB40-ASA1,1094,18 138.045 Method of calculating interest. Interest on any note, bond, or other instrument computed on the declining unpaid principal balance from time to time outstanding may be computed and charged on actual unpaid balances at 1/360 of the annual rate for the actual number of days outstanding if the use of this calculation method is disclosed in the note, bond, or other instrument. This section does not apply to pawnbrokers' loans under s. 138.10.

AB40-ASA1, s. 2637d Section 2637d. 138.09 (1a) (a) of the statutes is amended to read:

AB40-ASA1,1094,21 138.09 (1a) (a) Banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

AB40-ASA1, s. 2637gc Section 2637gc. 138.14 (1) (bd) of the statutes is created to read:

AB40-ASA1,1094,23 138.14 (1) (bd) "Consumer report" has the meaning given in 15 USC 1681a (d).

AB40-ASA1, s. 2637gd Section 2637gd. 138.14 (1) (be) of the statutes is created to read:

AB40-ASA1,1095,2 138.14 (1) (be) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

AB40-ASA1, s. 2637gf Section 2637gf. 138.14 (1) (k) 1. of the statutes is amended to read:

AB40-ASA1,1095,10 138.14 (1) (k) 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.

AB40-ASA1, s. 2637gg Section 2637gg. 138.14 (1) (k) 2. of the statutes is amended to read:

AB40-ASA1,1095,18 138.14 (1) (k) 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.

AB40-ASA1, s. 2637gi Section 2637gi. 138.14 (3) of the statutes is amended to read:

AB40-ASA1,1095,22 138.14 (3) Exemptions. This section does not apply to banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

AB40-ASA1, s. 2637gk Section 2637gk. 138.14 (7) (e) 6. of the statutes is amended to read:

AB40-ASA1,1095,25 138.14 (7) (e) 6. The number of payday loans made during the preceding year that resulted in repayment under sub. (11g) (a).

AB40-ASA1, s. 2637gm Section 2637gm. 138.14 (9g) (a) 6. of the statutes is amended to read:

AB40-ASA1,1096,3 138.14 (9g) (a) 6. Disclose to the applicant the payment requirements that may apply under sub. (11g) (a) if the loan is not paid in full at the end of the loan term.

AB40-ASA1, s. 2637go Section 2637go. 138.14 (9m) of the statutes is created to read:

AB40-ASA1,1096,11 138.14 (9m) Income verification. Before entering into a payday loan with an applicant that has not previously been a customer of the licensee, the licensee may request the applicant's consumer report from a consumer reporting agency as part of the licensee's underwriting process and the licensee may rely on the consumer report as a permissible method of income verification in making the payday loan. The licensee may also rely on the same consumer report in underwriting and making subsequent payday loans to the same customer.

AB40-ASA1, s. 2637gq Section 2637gq. 138.14 (9r) (c) 4. of the statutes is amended to read:

AB40-ASA1,1096,14 138.14 (9r) (c) 4. The percentage of customers originating payday loans that resulted in repayment under sub. (11g) (a).

AB40-ASA1, s. 2637gs Section 2637gs. 138.14 (10) (a) 2. of the statutes is amended to read:

AB40-ASA1,1097,2 138.14 (10) (a) 2. If a payday loan is not paid in full on or before the maturity date, a licensee may charge, after the maturity date, interest at a rate not exceeding 2.75 percent per month, except that if a licensee makes a subsequent payday loan to the customer under sub. (12) (a), and the customer does not pay the subsequent loan in full on or before the maturity date of the subsequent loan, the licensee may charge, after the maturity date of the subsequent loan, interest at a rate not exceeding 2.75 percent per month on the subsequent loan and the licensee may not charge any interest under this subdivision on the prior loan. Interest earned under this subdivision shall be calculated at the rate of one-thirtieth of the monthly rate charged for each calendar day that the balance of the loan is outstanding. Interest may not be assessed on any interest earned under this subdivision.

AB40-ASA1, s. 2637gu Section 2637gu. 138.14 (10) (am) of the statutes is amended to read:

AB40-ASA1,1097,7 138.14 (10) (am) Penalties. Except as provided in par. (b) 2., no licensee may impose any penalty on a customer arising from the customer's prepayment of or default or late payment on a payday loan, including any payment under sub. (11g) (a).

AB40-ASA1, s. 2637hc Section 2637hc. 138.14 (11g) of the statutes is renumbered 138.14 (11g) (a) and amended to read:

AB40-ASA1,1097,14 138.14 (11g) (a) If Except as provided in par. (b), if a customer fails to repay a payday loan in full at the end of the loan term, the licensee that made the loan shall offer the customer the opportunity to repay the outstanding balance of the loan in 4 equal installments with due dates coinciding with the customer's pay period schedule.

AB40-ASA1, s. 2637he Section 2637he. 138.14 (11g) (b) of the statutes is created to read:

AB40-ASA1,1097,19 138.14 (11g) (b) If a licensee offers a customer the opportunity to make repayment under par. (a), then, during the 12-month period following the offer, no licensee, including the licensee making the offer, is required to offer the customer another opportunity to repay a payday loan under par. (a).

AB40-ASA1, s. 2637hg Section 2637hg. 138.14 (12) (b) of the statutes is amended to read:

AB40-ASA1,1098,2 138.14 (12) (b) No licensee may make a payday loan to a customer that results in the customer having an outstanding aggregate liability in principal, interest, and all other fees and charges, to all licensees who have made payday loans to the customer of more than $1,500 or 35 percent of the customer's gross monthly income, whichever is less. As provided in sub. (9m), a licensee may rely on a consumer report to verify a customer's income for purposes of this paragraph.