AB150,1913,9
1218.01 (5) (b) 1. The commissioner department of financial institutions,
2department of transportation and division of hearings and appeals shall have the
3power in hearings arising under this chapter to determine the place, in this state,
4where they shall be held; to subpoena witnesses and documents; to take and permit
5the taking of depositions of witnesses residing in or outside of this state and to
6otherwise permit the discovery and preservation of evidence before hearing, in the
7manner provided for in civil actions in courts of record; to pay such witnesses the fees
8and mileage for their attendance as is provided for witnesses in civil actions in courts
9of record; and to administer oaths.
AB150, s. 5888 10Section 5888. 218.01 (5) (b) 3. of the statutes is amended to read:
AB150,1913,2311 218.01 (5) (b) 3. A person providing information under this paragraph may
12request that the information be designated as a trade secret, as defined in s. 134.90
13(1) (c), or as confidential business information. The commissioner, division of
14hearings and appeals or licensor shall approve the designation if the person
15providing the information demonstrates that the release of the information would
16adversely affect the person's competitive position. At least 15 days before any
17information designated as a trade secret or as confidential business information is
18disclosed to any other person, the commissioner, division of hearings and appeals or
19licensor shall notify the person providing the information. The person providing the
20information may seek a court order limiting or prohibiting the disclosure. In such
21cases, the court shall weigh the need for confidentiality of the information against
22the public interest in disclosure. Confidentiality is waived if the person providing
23the information consents in writing to disclosure.
AB150, s. 5889 24Section 5889. 218.01 (6) (b) (intro.) of the statutes is amended to read:
AB150,1914,16
1218.01 (6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller
2shall deliver to the buyer a written statement describing clearly the motor vehicle
3sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount
4credited the buyer for any trade-in and a description of the trade-in, the cost to the
5retail buyer of any insurance, the amount financed which may include the cost of
6insurance, sales and use taxes, the amount of the finance charge, the amount of any
7other charge specifying its purpose, the total of payments due from the buyer, the
8terms of the payment of such total, the amount and date of each payment necessary
9finally to pay the total and a summary of any insurance coverage to be effected. The
10commissioner department of financial institutions may determine the form of the
11statement. If a written order is taken from a prospective purchaser in connection
12with any instalment sale, the written statement shall be given to the purchaser prior
13to or concurrent with the signing of the order by the purchaser. The finance charge
14in a retail instalment sale made prior to April 6, 1980, however computed, excluding
15the cost of insurance shall not exceed the amount computed on the basis of the
16following annual percentage rates:
AB150, s. 5890 17Section 5890. 218.01 (6) (em) of the statutes is amended to read:
AB150,1914,2218 218.01 (6) (em) In event the dealer shall finance the instalment sale contract,
19the commissioner department of financial institutions may permit the dealer to
20combine the information required by pars. (b) and (e) last above in one statement
21under such rules and regulations as the commissioner department of financial
22institutions
may from time to time prescribe.
AB150, s. 5891 23Section 5891. 218.01 (7a) (a) of the statutes is amended to read:
AB150,1915,724 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle
25dealer or motor vehicle salesperson unless the mileage on the motor vehicle is

1disclosed in writing by the transferor on the certificate of title or on a form authorized
2by the department of transportation to reassign the title to the dealer and the
3disclosure is subsequently shown to the retail purchaser by the dealer or salesperson
4prior to sale. The department of transportation may promulgate rules to exempt
5types of motor vehicles from this mileage disclosure requirement and shall
6promulgate rules for making the disclosure requirement on a form other than the
7certificate of title.
AB150, s. 5892 8Section 5892. 218.01 (7a) (b) of the statutes is amended to read:
AB150,1915,159 218.01 (7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle
10salesperson to fail to provide, upon request of a prospective purchaser, the name and
11address of the most recent titled owner and of all subsequent nontitled owners,
12unless exempted from this requirement by rule of the department of transportation,
13of any motor vehicle offered for sale. If the most recent titled owner of the motor
14vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the
15name and address of the previous titled owner.
AB150, s. 5893 16Section 5893. 218.01 (7b) of the statutes is amended to read:
AB150,1916,817 218.01 (7b) Purchase of motor vehicle by minor. No minor shall purchase any
18motor vehicle unless the minor, at the time of purchase, submits to the seller a
19statement verified before a person authorized to administer oaths and made and
20signed by either parent of the purchaser, if such parent has custody of the minor or,
21if neither parent has custody, then by the person having custody, setting forth that
22the purchaser has consent to purchase the vehicle. The signature on the statement
23shall not impute any liability for the purchase price of the motor vehicle to the
24consenting person. The statement shall not adversely affect any other arrangement
25for the assumption of liability for the purchase price which the consenting person

1may make. The signed statement shall accompany the application for a certificate
2of title and shall be filed by the department of transportation with the application.
3Failure to obtain the consent or to forward it with the application for a certificate of
4title shall not void the contract of sale of a motor vehicle in the hands of an innocent
5holder, without notice, for value and in the ordinary course of business. Any person
6who sells a motor vehicle to a minor with knowledge of such fact without procuring
7such a statement may be fined not more than $200 or imprisoned not more than 6
8months or both.
AB150, s. 5894 9Section 5894. 218.02 (1) (b) of the statutes is repealed.
AB150, s. 5895 10Section 5895. 218.02 (1) (d) of the statutes is created to read:
AB150,1916,1111 218.02 (1) (d) "Department" means the department of financial institutions.
AB150, s. 5896 12Section 5896. 218.02 (2) (a) of the statutes is amended to read:
AB150,1916,1813 218.02 (2) (a) Each adjustment service company shall apply to the
14commissioner of banking department for a license to engage in such business.
15Application for a separate license for each office of a company to be operated under
16this section shall be made to the commissioner department in writing, under oath,
17in a form to be prescribed by the commissioner department. The commissioner
18department may issue more than one license to the same licensee.
AB150, s. 5897 19Section 5897. 218.02 (2) (b) of the statutes is amended to read:
AB150,1916,2520 218.02 (2) (b) At the time of making application and before engaging in
21business, every applicant for an adjustment service company license shall pay a
22nonrefundable $200 fee of $100 to the commissioner for investigating the application
23and the sum of $100 as an a $200 annual license fee. If the cost of an investigation
24exceeds $100 $200, the applicant shall, upon demand of the commissioner, pay the
25excess cost. No investigation fee shall be required on the renewal of a license.
AB150, s. 5898
1Section 5898 . 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150,1917,83 218.02 (2) (b) At the time of making application and before engaging in
4business, every applicant for an adjustment service company license shall pay a
5nonrefundable $200 fee to the commissioner department for investigating the
6application and a $200 annual license fee. If the cost of an investigation exceeds
7$200, the applicant shall, upon demand of the commissioner department, pay the
8excess cost. No investigation fee shall be required on the renewal of a license.
AB150, s. 5899 9Section 5899. 218.02 (2) (c) of the statutes is amended to read:
AB150,1917,1410 218.02 (2) (c) The commissioner department may require any licensee either
11before or after the issuance of the license to file and maintain in force a bond in a form
12to be prescribed by and acceptable to the commissioner department, in such sum as
13the commissioner department may deem necessary to safeguard the interest of the
14borrowers and the public, not exceeding, however, the sum of $5,000.
AB150, s. 5900 15Section 5900. 218.02 (3) (intro.) of the statutes is amended to read:
AB150,1917,1916 218.02 (3) Conditions of the issuance of licenses. (intro.) The commissioner
17department shall issue a license to the applicant to conduct such business at the
18office specified in the application in accordance with the provisions of this section,
19if the commissioner department shall find:
AB150, s. 5901 20Section 5901. 218.02 (4) of the statutes is amended to read:
AB150,1918,221 218.02 (4) Order denying application. If the commissioner department is not
22satisfied as to all of the matters specified in sub. (3) the commissioner department
23shall enter a special order denying the application for a license and shall return the
24applicant's license fee. The commissioner department shall make findings of fact as

1part of and in support of the commissioner's department's order denying any
2application for a license.
AB150, s. 5902 3Section 5902. 218.02 (5) (b) of the statutes is amended to read:
AB150,1918,114 218.02 (5) (b) Whenever a licensee shall contemplate a change of the licensee's
5place of business to another location within the same city, village or town, the
6licensee shall give written notice thereof to the commissioner, who department,
7which
shall attach to the license the commissioner's department's authorization of
8such removal, specifying the date thereof and the new location. Such authorization
9shall be authority for the operation of such business under the same license at the
10specified new location. No change in the place of business of a licensee to a location
11outside of the original city, village or town shall be permitted under the same license.
AB150, s. 5903 12Section 5903. 218.02 (5) (c) of the statutes is amended to read:
AB150,1918,1513 218.02 (5) (c) Every licensee shall, on or before the tenth day of each December,
14pay to the commissioner department the annual license fee for the next succeeding
15calendar year.
AB150, s. 5904 16Section 5904. 218.02 (6) (intro.) of the statutes is amended to read:
AB150,1918,1917 218.02 (6) Revocation; suspension; reinstatement and term of licenses.
18(intro.) The commissioner department, after complaint, notice and hearings as
19provided in s. 217.19, shall revoke any license in the following cases:
AB150, s. 5905 20Section 5905. 218.02 (6) (c) of the statutes is amended to read:
AB150,1918,2321 218.02 (6) (c) If any fact or condition exists which, if it had existed at the time
22of the original application for such license, clearly would have warranted the
23commissioner department in refusing to issue such license;
AB150, s. 5906 24Section 5906. 218.02 (7) (intro.) of the statutes is amended to read:
AB150,1919,4
1218.02 (7) (title) Powers of commissioner department. (intro.) It shall be the
2duty of the commissioner department and the commissioner department shall have
3power, jurisdiction and authority to investigate the conditions and ascertain the facts
4with reference to such companies and upon the basis thereof:
AB150, s. 5907 5Section 5907. 218.02 (7) (c) of the statutes is amended to read:
AB150,1919,126 218.02 (7) (c) At any time and so often as the commissioner department may
7determine to investigate the business and examine the books, accounts, records and
8files used therein of every licensee. The cost of an examination shall be determined
9by the commissioner department and shall be paid to the commissioner department
10by every licensee so examined within 30 days after demand therefor by the
11commissioner department, and the state may maintain an action for the recovery of
12such costs in any court of competent jurisdiction;
AB150, s. 5908 13Section 5908. 218.02 (9) (a) of the statutes is amended to read:
AB150,1919,1914 218.02 (9) (a) The commissioner department may make such rules and require
15such reports as the commissioner department deems necessary for the enforcement
16of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are
17available for the purposes of this section. Orders of the commissioner department
18under this section are subject to review by the consumer credit review board under
19s. 220.037.
AB150, s. 5909 20Section 5909. 218.02 (9) (b) of the statutes is amended to read:
AB150,1919,2321 218.02 (9) (b) All fees and moneys received by the commissioner department
22under authority of this chapter shall be paid by the commissioner department into
23the state treasury within one week after the receipt thereof.
AB150, s. 5910 24Section 5910. 218.02 (9) (c) of the statutes is amended to read:
AB150,1920,5
1218.02 (9) (c) The commissioner department shall investigate, ascertain and
2determine whether this chapter or the lawful orders issued hereunder are being
3violated and for such purposes the commissioner department shall have all of the
4powers conferred by ss. 217.17 and 217.18. The commissioner department shall
5report all violations to the district attorney of the proper county for prosecution.
AB150, s. 5911 6Section 5911. 218.04 (1) (c) of the statutes is amended to read:
AB150,1920,87 218.04 (1) (c) "Commissioner" "Department" means the commissioner of
8banking
department of financial institutions.
AB150, s. 5912 9Section 5912. 218.04 (3) (a) of the statutes is amended to read:
AB150,1920,1310 218.04 (3) (a) Application for licenses under the provisions of this section shall
11be made to the commissioner department in writing, under oath, on a form to be
12prescribed by the commissioner department. All licenses shall expire on June
13thirtieth next following their date of issue.
AB150, s. 5913 14Section 5913. 218.04 (3) (b) of the statutes is amended to read:
AB150,1920,2015 218.04 (3) (b) At the time of making application, every applicant for a collection
16agency license shall pay a nonrefundable fee of $100 $1,000 to the commissioner for
17investigating the application, unless the applicant is already licensed under this
18section, and the sum of $100 $200 as an annual license fee. If the cost of investigation
19exceeds $100 $1,000, the applicant shall, upon demand of the commissioner, pay the
20excess cost. No investigation fee is required on the renewal of a license.
AB150, s. 5914 21Section 5914 . 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
22.... (this act), is amended to read:
AB150,1921,423 218.04 (3) (b) At the time of making application, every applicant for a collection
24agency license shall pay a nonrefundable fee of $1,000 to the commissioner
25department for investigating the application, unless the applicant is already

1licensed under this section, and the sum of $200 as an annual license fee. If the cost
2of investigation exceeds $1,000, the applicant shall, upon demand of the
3commissioner department, pay the excess cost. No investigation fee is required on
4the renewal of a license.
AB150, s. 5915 5Section 5915. 218.04 (3) (c) of the statutes is amended to read:
AB150,1921,116 218.04 (3) (c) The license fee for a collector or solicitor shall be $2 $15. This
7license shall be carried as a means of identification whenever the collector is engaged
8in business. The license shall state the name of the employer and in case of a change
9of employer the commissioner shall indorse such change on the license without
10charge
shall be surrendered to the commissioner upon termination of employment.
11A new license is required for a change of employment
.
AB150, s. 5916 12Section 5916 . 218.04 (3) (c) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is amended to read:
AB150,1921,1814 218.04 (3) (c) The license fee for a collector or solicitor shall be $15. This license
15shall be carried as a means of identification whenever the collector is engaged in
16business. The license shall state the name of the employer and shall be surrendered
17to the commissioner department upon termination of employment. A new license is
18required for a change of employment.
AB150, s. 5917 19Section 5917. 218.04 (3) (d) of the statutes is amended to read:
AB150,1921,2320 218.04 (3) (d) The commissioner department may require any licensee to file
21and maintain in force a bond, in a form to be prescribed by and acceptable to the
22commissioner department, and in such sum as the commissioner department may
23deem reasonably necessary to safeguard the interests of the public.
AB150, s. 5918 24Section 5918. 218.04 (4) (a) of the statutes is amended to read:
AB150,1922,12
1218.04 (4) (a) Upon the filing of such application and the payment of such fee,
2the commissioner department shall make an investigation, and if the commissioner
3department finds that the character and general fitness and the financial
4responsibility of the applicant, and the members thereof if the applicant is a
5partnership, limited liability company or association, and the officers and directors
6thereof if the applicant is a corporation, warrant the belief that the business will be
7operated in compliance with this section the commissioner department shall
8thereupon issue a license to said applicant. Such license is not assignable and shall
9permit operation under it only at or from the location specified in the license. A
10nonresident of this state may, upon complying with all other provisions of this
11section, secure a collection agency license provided the nonresident maintains an
12active office in this state.
AB150, s. 5919 13Section 5919. 218.04 (4) (b) of the statutes is amended to read:
AB150,1922,1914 218.04 (4) (b) No licensee shall conduct a collection agency business within any
15office, room or place of business in which any other business is solicited or engaged
16in, or in association or conjunction therewith, except as may be authorized in writing
17by the commissioner department upon finding that the character of such other
18business is such that the granting of such authority would not facilitate evasion of
19this section or the lawful orders issued thereunder.
AB150, s. 5920 20Section 5920. 218.04 (5) (a) (intro.) of the statutes is amended to read:
AB150,1922,2221 218.04 (5) (a) (intro.) The commissioner department may suspend or revoke
22any license issued under this section if the commissioner department finds that:
AB150, s. 5921 23Section 5921. 218.04 (5) (a) 1. of the statutes is amended to read:
AB150,1922,2524 218.04 (5) (a) 1. The licensee has violated any of the provisions of this section
25or any lawful order of the commissioner department made thereunder;
AB150, s. 5922
1Section 5922. 218.04 (5) (a) 2. of the statutes is amended to read:
AB150,1923,42 218.04 (5) (a) 2. Any fact or condition exists which, if it had existed at the time
3of the original application for such license, would have warranted the commissioner
4department in refusing to issue such license;
AB150, s. 5923 5Section 5923. 218.04 (5) (c) of the statutes is amended to read:
AB150,1923,116 218.04 (5) (c) In the event of the death of a licensee, if the licensee is an
7individual, or of the partners, if the licensee is a partnership, the license of the agency
8shall terminate as of the date of death of said licensee, except the commissioner
9department may reinstate a license if the estate of the former licensee signifies to the
10commissioner department within 45 days its intention to continue the business of the
11agency.
AB150, s. 5924 12Section 5924. 218.04 (6) (a) of the statutes is amended to read:
AB150,1923,2013 218.04 (6) (a) Whenever a collection agency shall contemplate a change of its
14place of business to another location within the same city or village, it shall give
15written notice thereof to the commissioner, who department, which shall attach to
16the license the commissioner's department's authorization of such removal,
17specifying the date thereof and the new location. Such authorization shall be
18authority for the operation of such business under the same license at the specified
19new location. All collection agency licenses shall be conspicuously posted in the office
20of the licensee.
AB150, s. 5925 21Section 5925. 218.04 (6) (b) of the statutes is amended to read:
AB150,1923,2422 218.04 (6) (b) Every licensee applying for a renewal of a license shall, on or
23before the first day of June, pay in advance to the commissioner department the
24annual license fee.
AB150, s. 5926 25Section 5926. 218.04 (6) (c) (intro.) of the statutes is amended to read:
AB150,1924,4
1218.04 (6) (c) (intro.) Before discontinuing operating as a collection agency
2under the provisions of this section, every licensee shall furnish the commissioner
3department with proof in a form to be determined by the commissioner department
4and approved by the advisory committee that:
AB150, s. 5927 5Section 5927. 218.04 (7) (intro.) of the statutes is amended to read:
AB150,1924,106 218.04 (7) (title) Powers of commissioner department; advisory committees.
7(intro.) It shall be the duty of the commissioner department and the commissioner
8department shall have power, jurisdiction and authority to investigate the
9conditions and ascertain the facts with reference to the collection of accounts and
10upon the basis thereof:
AB150, s. 5928 11Section 5928. 218.04 (7) (b) of the statutes is amended to read:
AB150,1925,612 218.04 (7) (b) For the purpose of discovering violations of this section the
13commissioner department may cause an investigation to be made of the business of
14the licensee transacted under the provisions of this section, and shall cause an
15investigation to be made of convictions reported to the commissioner department by
16any district attorney for violation by a licensee of any of the provisions of this section.
17The place of business, books of accounts, papers, records, safes and vaults of said
18licensee shall be open to inspection and examination by the commissioner or the
19commissioner's representative
department for the purpose of such investigation and
20the commissioner department shall have authority to examine under oath all
21persons whose testimony is required relative to said investigation. The cost of the
22first investigation or examination during any licensing year shall be paid by the
23licensee, but the cost of additional investigation or examination during such year
24shall be paid by the licensee only if such examination discloses violation of sub. (5)
25(a) 4. The commissioner department shall determine the cost of an investigation or

1examination. The licensee shall pay the cost of any hearing including witness fees,
2unless it be found by the commissioner department, board of review or court that
3licensee has not violated any provision of this section. All said costs shall be paid by
4the licensee within 30 days after demand therefor by the commissioner department.
5The state may maintain an action for the recovery of such costs and expenses in any
6court of competent jurisdiction.
AB150, s. 5929 7Section 5929. 218.04 (7) (c) of the statutes is amended to read:
AB150,1925,158 218.04 (7) (c) To appoint advisers from the individuals engaged in the collection
9business in the state and in any locality, which advisers shall be consulted by and
10shall assist the commissioner department in the execution of the commissioner's
11department's duties under the provisions of this section. The commissioner may
12appoint such advisers as deputies.
Such persons, either as advisers or deputies, shall
13receive no compensation for their services but may be reimbursed for their actual and
14necessary traveling expenses. Such expenses shall be audited and paid and charged
15to the commissioner department for the administration of this chapter.
AB150, s. 5930 16Section 5930. 218.04 (8) of the statutes is amended to read:
AB150,1925,1917 218.04 (8) Hearings and orders. The commissioner department shall have the
18same power to conduct hearings, take testimony and secure evidence as is provided
19in ss. 217.17, 217.18 and 217.19.
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