AB150: Bill Text

AB150,1445,16 138.056 (1) (a) 4. b. The commissioner office of credit unions, if the lender is a credit union;

AB150, s. 4156 Section 4156. 138.056 (1) (a) 4. d. of the statutes is amended to read:

AB150,1445,19 138.056 (1) (a) 4. d. The commissioner of banking department of financial institutions for all other lenders.

AB150, s. 4157 Section 4157. 138.09 (1) of the statutes is amended to read:

AB150,1446,7 138.09 (1) 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 assess a finance charge on a consumer loan in excess of 18% per annum, such year, that person shall first obtain a license from the commissioner of banking. Applications for such a license shall be in writing and upon forms provided for this purpose by the commissioner. Every such An applicant at the time of making such an application shall pay to the commissioner a nonrefundable $300 fee of $100 for investigating the application and the sum of $200 as an 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 $100 $300, the applicant shall upon demand of the commissioner pay to the commissioner the amount by which the cost of the investigation exceeds the $100 nonrefundable fee.

AB150, s. 4158 Section 4158. 138.09 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 138.09 (1m) and amended to read:

AB150,1446,21 138.09 (1m) 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 assess a finance charge on a consumer loan in excess of 18% per year, that person shall first obtain a license from the commissioner of banking department. Applications for a license shall be in writing and upon forms provided for this purpose by the commissioner department. An applicant at the time of making an application shall pay to the commissioner department 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 commissioner department pay to the commissioner department the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150, s. 4159 Section 4159. 138.09 (1d) of the statutes is created to read:

AB150,1446,24 138.09 (1d) In this section, "department" means the department of financial institutions.

AB150, s. 4160 Section 4160. 138.09 (2) of the statutes is amended to read:

AB150,1447,12 138.09 (2) The commissioner department may also require the applicant to file with the commissioner department, and to maintain in force, a bond in which the applicant shall be the obligor, in a sum not to exceed $5,000 with one or more corporate sureties licensed to do business in Wisconsin, whose liability as such sureties shall not exceed the sum of $5,000 in the aggregate, to be approved by the commissioner department, and such bond shall run to the state of Wisconsin for the use of the state and of any person or persons who may have a cause of action against the obligor of the bond under the provisions of this section. Such bonds shall be conditioned that the obligor will conform to and abide by each and every provision of this section, and will pay to the state or to any person or persons any and all moneys that may become due or owing to the state or to such person or persons from the obligor under and by virtue of the provisions of this chapter.

AB150, s. 4161 Section 4161. 138.09 (3) (a) of the statutes is amended to read:

AB150,1447,23 138.09 (3) (a) Upon the filing of such application and the payment of such fee, the commissioner department shall investigate the relevant facts, and if the commissioner department shall find that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the commissioner department shall thereupon issue a license to said applicant to make loans in accordance with the provisions of this section. If the commissioner department shall not so find, he or she the department shall deny such application.

AB150, s. 4162 Section 4162. 138.09 (3) (b) of the statutes is amended to read:

AB150,1448,4 138.09 (3) (b) Every license shall remain in force and effect until suspended or revoked in accordance with this section or surrendered by the licensee, and every licensee shall, on or before each December 10, pay to the commissioner department the annual license fee for the next succeeding calendar year.

AB150, s. 4163 Section 4163. 138.09 (3) (c) of the statutes is amended to read:

AB150,1448,12 138.09 (3) (c) Such license shall not be assignable and shall permit operation under it only at or from the location specified in the license at which location all loans shall be consummated, but this provision shall not prevent the licensee from making loans under this section which are not initiated or consummated by face to face contact away from the licensed location if permitted by the commissioner department in writing or by rule or at an auction sale conducted or clerked by a licensee.

AB150, s. 4164 Section 4164. 138.09 (3) (d) of the statutes is amended to read:

AB150,1448,21 138.09 (3) (d) A separate license shall be required for each place of business maintained by the licensee. Whenever a licensee shall change the address of its place of business to another location within the same city, village or town the licensee shall at once give written notice thereof to the commissioner, who department, which shall replace the original license with an amended license showing the new address, provided the location meets with the requirements of par. (e). No change in the place of business of a licensee to a different city, village or town shall be permitted under the same license.

AB150, s. 4165 Section 4165. 138.09 (3) (e) of the statutes is amended to read:

AB150,1449,8 138.09 (3) (e) A licensee may conduct, and permit others to conduct, at the location specified in its license, any one or more of the following businesses not subject to this section: A business engaged in making loans for business or agricultural purposes or exceeding $25,000 in principal amount except that all such loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a business engaged in making first lien real estate mortgage loans under ss. 138.051 to 138.06, a loan, finance or discount business under s. 218.01, or an insurance business, or a currency exchange under s. 218.05, or a seller of checks business under ch. 217; but merchandise shall not be sold at such location; and no other business shall be conducted at such location unless written authorization is granted the licensee by the commissioner department.

AB150, s. 4166 Section 4166. 138.09 (3) (f) of the statutes is amended to read:

AB150,1449,20 138.09 (3) (f) Every licensee shall make an annual report to the commissioner department for each calendar year on or before March 15 of the following year. Such report shall cover business transacted by the licensee under the provisions of this section and shall give such reasonable and relevant information as the commissioner department may require. Such reports shall be made upon blanks furnished by the commissioner department 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 such licensee.

AB150, s. 4167 Section 4167. 138.09 (4) (intro.) of the statutes is amended to read:

AB150,1450,8 138.09 (4) (intro.) The commissioner department for the purpose of discovering violations of this chapter may cause an investigation to be made of the business of the licensee transacted under this section, and shall cause an investigation to be made of convictions reported to the commissioner department by any district attorney for violation by a licensee of this chapter. The place of business, books of account, papers, records, safes and vaults of said licensee shall be open to inspection and examination by the commissioner or the commissioner's representative department for the purpose of such investigation and the commissioner department may examine under oath all persons whose testimony the commissioner department may require relative to said investigation. The commissioner department may, upon notice to the licensee and reasonable opportunity to be heard, suspend or revoke such license after such hearing if:

AB150, s. 4168 Section 4168. 138.09 (4) (a) of the statutes is amended to read:

AB150,1450,12 138.09 (4) (a) The licensee has violated any provision of this chapter and if the commissioner department determines such violation justifies the suspension or revocation of the license;

AB150, s. 4169 Section 4169. 138.09 (4) (b) of the statutes is amended to read:

AB150,1450,16 138.09 (4) (b) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the commissioner department in refusing to issue such license; and

AB150, s. 4170 Section 4170. 138.09 (4a) of the statutes is amended to read:

AB150,1451,7 138.09 (4a) Any licensee and any other person aggrieved by any order of the commissioner department has the right to appeal to the board of review under this section, provided a written notice of appeal is served upon the commissioner department and upon the chairperson or secretary of the consumer credit review board under s. 220.037 within 10 days from the date of the commissioner's department's order. Upon service of a written notice of appeal as herein provided the review board shall hold a hearing within a reasonable time thereafter. The review board shall give the parties a written notice of the time and place said hearing will be held. The cost of any investigation or examination or hearing, including witness fees or any other expenses, conducted by the commissioner department or the review board shall be paid by the licensee so examined or by the appellant within 30 days after demand therefor by the commissioner department, and the state may maintain an action for the recovery of such costs and expenses in any court of competent jurisdiction, except that no cost shall be charged an appellant by the review board unless the board sustains the commissioner department.

AB150, s. 4171 Section 4171. 138.09 (6) (a) of the statutes is amended to read:

AB150,1451,15 138.09 (6) (a) Except as provided in par. (b), the licensee shall keep such books and records in the licensee's place of business as in the opinion of the commissioner of banking department will enable the commissioner department to determine whether the provisions of this chapter are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least 2 years after the making of any loan recorded therein.

AB150, s. 4172 Section 4172. 138.09 (6) (b) of the statutes is amended to read:

AB150,1451,23 138.09 (6) (b) A licensee may keep the books and records specified in par. (a) at a single location inside or outside of this state if the books and records are kept at a location licensed under this section. The licensee shall organize the books and records by the place of business where the records originated and shall keep the books and records separate from other records for business conducted at that location. Actual costs incurred by the commissioner department to examine books and records maintained outside of this state shall be paid by the licensee.

AB150, s. 4173 Section 4173. 138.09 (7) (bn) 4. of the statutes is amended to read:

AB150,1452,3 138.09 (7) (bn) 4. Information regarding the amount of the maximum finance charge under subds. 1. and 2. for any month or calendar year quarter shall be available at the office of the commissioner department.

AB150, s. 4174 Section 4174. 138.09 (11) of the statutes is amended to read:

AB150,1452,6 138.09 (11) The commissioner department may employ necessary examiners or other personnel from time to time and fix their compensation.

AB150, s. 4175 Section 4175. 138.12 (1) (a) of the statutes is amended to read:

AB150,1452,9 138.12 (1) (a) "Commissioner" "Department" means the commissioner of banking department of financial institutions.

AB150, s. 4176 Section 4176. 138.12 (1) (c) of the statutes is amended to read:

AB150,1452,12 138.12 (1) (c) "Licensee" means an insurance premium finance company holding a license issued by the commissioner department under this section.

AB150, s. 4177 Section 4177. 138.12 (2) (a) of the statutes is amended to read:

AB150,1452,22 138.12 (2) (a) Any insurance company or agent defined in s. 628.02, any savings and loan association, savings bank, sales finance company, motor vehicle instalment seller, bank, trust company, licensed lender or credit union authorized to do business in this state, but such organizations, if otherwise eligible, are exempt from the licensing under this section, but subs. (9) to (12) and any rules promulgated by the commissioner department pertaining to such subsections shall be applicable to all premium finance transactions entered into by such organizations in this state if an insurance policy or any rights thereunder is made the security or collateral for repayment of the debt.

AB150, s. 4178 Section 4178. 138.12 (3) (b) is amended to read:

AB150,1453,3 138.12 (3) (b) The annual license fee is $400 $500 and shall be paid to the commissioner. Licenses may be renewed May 1 of each year upon payment of the annual fee of $400.

AB150, s. 4179 Section 4179 . 138.12 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1453,8 138.12 (3) (b) The annual license fee is $500 and shall be paid to the commissioner department. Licenses may be renewed May 1 of each year upon payment of the annual fee.

AB150, s. 4180 Section 4180. 138.12 (3) (c) of the statutes is amended to read:

AB150,1453,18 138.12 (3) (c) The person to whom the license or the renewal thereof is issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the commissioner department requires. The commissioner department may, at any time, require the applicant fully to disclose the identity of all stockholders, partners, members, managers, officers and employes, and the commissioner department may refuse to issue or renew a license in the name of any person if the commissioner department is not satisfied that any officer, employe, stockholder, partner, member or manager thereof, who may materially influence the applicant's conduct, meets the standards of this section.

AB150, s. 4181 Section 4181. 138.12 (4) (a) of the statutes is amended to read:

AB150,1454,2 138.12 (4) (a) Upon the filing of an application and the payment of the license fee required fees under par. (am) 1., the commissioner shall make an investigation of each applicant and shall issue a license if the commissioner finds the applicant is qualified in accordance with this section. If the commissioner does not so find, the commissioner shall, within 30 days after the commissioner has received such the application, so notify the applicant and , at the request of the applicant, give the applicant a full hearing.

AB150, s. 4182 Section 4182 . 138.12 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1454,11 138.12 (4) (a) Upon the filing of an application and the payment of the required fees under par. (am) 1., the commissioner department shall make an investigation of each applicant and shall issue a license if the commissioner department finds the applicant is qualified in accordance with this section. If the commissioner department does not so find, the commissioner department shall, within 30 days after the commissioner department has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing.

AB150, s. 4183 Section 4183. 138.12 (4) (am) of the statutes is created to read:

AB150,1454,15 138.12 (4) (am) 1. An applicant shall pay to the commissioner a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.

AB150,1454,18 2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150, s. 4184 Section 4184. 138.12 (4) (am) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1454,23 138.12 (4) (am) 1. An applicant shall pay to the commissioner department a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.

AB150,1455,3 2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the commissioner department, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.

AB150, s. 4185 Section 4185. 138.12 (4) (b) (intro.) of the statutes is amended to read:

AB150,1455,6 138.12 (4) (b) (intro.) The commissioner department shall issue or renew a license when the commissioner department is satisfied that the person to be licensed:

AB150, s. 4186 Section 4186. 138.12 (5) (b) of the statutes is amended to read:

AB150,1455,20 138.12 (5) (b) Before the commissioner department revokes, suspends or refuses to renew the license of any premium finance company, the commissioner department shall give the company an opportunity to be fully heard and to introduce evidence in the company's behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the commissioner department may subject the premium finance company to a penalty of not more than $200 for each offense when in the commissioner's department's judgment the commissioner department finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the commissioner department for the use of the state. At any hearing under this subsection, the commissioner department may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.

AB150, s. 4187 Section 4187. 138.12 (5) (c) of the statutes is amended to read:

AB150,1455,23 138.12 (5) (c) Any action of the commissioner department in refusing to issue or renew a license shall be subject to review under subch. III of ch. 227.

AB150, s. 4188 Section 4188. 138.12 (6) (a) of the statutes is amended to read:

AB150,1456,9 138.12 (6) (a) Every licensee shall maintain records of its premium finance transactions and the records shall be open to an examination and investigation by the commissioner department. The commissioner department may make an examination of the books, records and accounts of any licensee as the commissioner department deems necessary. The commissioner department shall determine the cost of an examination and that cost shall be assessed against and paid by the licensee so examined. The commissioner department may, at any time, require any licensee to bring such records as the commissioner department directs to the commissioner's office department for examination.

AB150, s. 4189 Section 4189. 138.12 (7) of the statutes is amended to read:

AB150,1456,13 138.12 (7) Rules and regulations. The commissioner department may make and enforce such reasonable rules as are necessary to carry out this section, but such rules shall not be contrary to nor inconsistent with this section.

AB150, s. 4190 Section 4190. 139.05 (7) (b) of the statutes is amended to read:

AB150,1457,3 139.05 (7) (b) Such license shall be issued by the secretary for the period of one year and must be renewed annually or, if the department promulgates a rule, for a term prescribed by the secretary by that rule. The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. No fee shall be required for any such license The secretary, by rule, may prescribe the fee for obtaining, and the fee for renewing, the license under this section. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.

AB150, s. 4191 Section 4191. 139.34 (2) of the statutes is repealed and recreated to read:

AB150,1457,6 139.34 (2) The department, by rule, may prescribe the term for which permits under this section are valid.

AB150, s. 4192 Section 4192. 139.34 (3) of the statutes is repealed and recreated to read:

AB150,1457,9 139.34 (3) The department, by rule, may prescribe the fee for obtaining, and the fee for renewing, the permit under this section.

AB150, s. 4193 Section 4193. 139.34 (9) of the statutes is amended to read:

AB150,1457,25 139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the secretary of state department of revenue as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.

AB150, s. 4194 Section 4194. 139.37 (1) (a) of the statutes is amended to read:

AB150,1458,15 139.37 (1) (a) No person shall sell or take orders for cigarettes for resale in this state for any manufacturer or permittee without first obtaining a salesperson's permit from the department of revenue. No manufacturer or permittee shall authorize any person to sell or take orders for cigarettes in this state without first having such person secure a salesperson's permit. The fee for such permit is $2 or, if the department promulgates a rule, an amount prescribed by the department by that rule. The department, by rule, may prescribe the term for which a permit under this subsection is valid. Each application for a permit shall disclose the name and address of the employer and such permit shall remain effective only while the salesperson represents such named employer. If such salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any such salesperson holding a permit.

AB150, s. 4195 Section 4195. 139.39 (4) of the statutes is amended to read:

AB150,1458,25 139.39 (4) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment, sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the department secretary of administration shall issue a warrant on the state treasurer for the amount wrongfully collected, and the treasurer shall pay the same out of the general fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

AB150, s. 4196 Section 4196. Chapter 142 (title) of the statutes is repealed.

AB150, s. 4197 Section 4197. 142.07 (title) of the statutes is renumbered 233.40 (title) and amended to read: