SB530: Bill Text

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

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

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

6. The bill voids any consumer small loan made by a person who does not have a license required under the bill and allows a borrower to recover any amounts paid to such a person.

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

8. The bill allows a borrower to repay a consumer small loan with proceeds of a subsequent consumer small loan made by the same or another licensee or an affiliate of the same or another licensee. In addition, if a licensee makes such a subsequent consumer small loan, the bill prohibits the borrower from repaying the subsequent consumer small loan with another consumer small loan made by the same or another licensee or affiliate.

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

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

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

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

SB530,4,5 49.857 (1) (d) 12. A license or certificate of registration issued under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or subch. IV of ch. 551.

SB530, s. 2 Section 2. 59.69 (4h) of the statutes is created to read:

SB530,4,7 59.69 (4h) Payday lenders. (a) Definitions. In this subsection:

SB530,4,8 1. "Consumer small loan" has the meaning given in s. 138.14 (1) (c).

SB530,4,9 2. "Licensee" has the meaning given in s. 138.14 (1) (i).

SB530,4,11 3. "Payday lender" means a business, owned by a licensee, that makes consumer small loans.

SB530,5,2 (b) Limits on locations of payday lenders. Except as provided in par. (c), no payday lender may operate in a county unless it receives a permit to do so from the county zoning agency, and the county zoning agency may not issue a permit to a payday lender if any of the following applies:

SB530,5,4 1. The payday lender would be located within 1,500 feet of another payday lender.

SB530,5,6 2. The payday lender would be located within 150 feet of a single-family or 2-family residential zoning district.

SB530,5,8 (c) Exceptions. 1. Paragraph (b) only applies in the unincorporated parts of the county which have not adopted a zoning ordinance as authorized under s. 60.62 (1).

SB530,5,10 2. A county may regulate payday lenders by enacting a zoning ordinance that contains provisions that are more strict than those specified in par. (b).

SB530,5,13 3. If a county has enacted an ordinance regulating payday lenders that is in effect on the effective date of this subdivision .... [LRB inserts date], the ordinance continues to apply and the county may enforce the ordinance.

SB530, s. 3 Section 3. 62.23 (7) (hi) of the statutes is created to read:

SB530,5,15 62.23 (7) (hi) Payday lenders. 1. In this paragraph:

SB530,5,16 a. "Consumer small loan" has the meaning given in s. 138.14 (1) (c).

SB530,5,17 b. "Licensee" has the meaning given in s. 138.14 (1) (i).

SB530,5,19 c. "Payday lender" means a business, owned by a licensee, that makes consumer small loans.

SB530,5,22 2. Except as provided in subds. 3. and 4., no payday lender may operate in a city unless it receives a permit to do so from the city council, and the city council may not issue a permit to a payday lender if any of the following applies:

SB530,5,24 a. The payday lender would be located within 1,500 feet of another payday lender.

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

SB530,6,4 3. A city may regulate payday lenders by enacting a zoning ordinance that contains provisions that are more strict than those specified in subd. 2.

SB530,6,7 4. If a city has enacted an ordinance regulating payday lenders that is in effect on the effective date of this subdivision .... [LRB inserts date], the ordinance continues to apply and the city may enforce the ordinance.

SB530, s. 4 Section 4. 73.0301 (1) (d) 6. of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

SB530,6,13 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

SB530, s. 5 Section 5. 138.04 of the statutes is amended to read:

SB530,6,20 138.04 Legal rate. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be $5 upon the $100 for one year and according to that rate for a greater or less sum or for a longer or a shorter time; but parties may contract for the payment and receipt of a rate of interest not exceeding the rate allowed in ss. 138.041 to 138.056, 138.09 to 138.12 138.14, 218.0101 to 218.0163, or 422.201, in which case such rate shall be clearly expressed in writing.

SB530, s. 6 Section 6. 138.09 (1a) of the statutes is created to read:

SB530,6,22 138.09 (1a) This section does not apply to any of the following:

SB530,6,24 (a) Banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

SB530,6,25 (b) Consumer small loans made under s. 138.14.

SB530, s. 7 Section 7. 138.09 (1m) (a) of the statutes is amended to read:

SB530,7,12 138.09 (1m) (a) Before any person may do business under this section or, charge the interest authorized by sub. (7) and before any creditor other than a bank, savings bank, savings and loan association or credit union may, or assess a finance charge on a consumer loan in excess of 18% per year, that person shall first obtain a license from the division. Applications for a license shall be in writing and upon forms provided for this purpose by the division. An applicant at the time of making an application shall pay to the division a nonrefundable $300 fee for investigating the application and a $500 annual license fee for the period terminating on the last day of the current calendar year. If the cost of the investigation exceeds $300, the applicant shall upon demand of the division pay to the division the amount by which the cost of the investigation exceeds the nonrefundable fee.

SB530, s. 8 Section 8. 138.09 (3) (e) 1. g. of the statutes is created to read:

SB530,7,14 138.09 (3) (e) 1. g. A consumer small loan licensee under s. 138.14.

SB530, s. 9 Section 9. 138.09 (3) (f) of the statutes is amended to read:

SB530,8,2 138.09 (3) (f) Every licensee shall make an annual report to the division for each calendar year on or before March 15 of the following year. The report shall cover include business transacted by the licensee under the provisions of this section and shall give all reasonable and relevant information that the division may require. The reports shall be made upon forms furnished in the form and manner prescribed by the division and shall be signed and verified by the oath or affirmation of the licensee if an individual, one of the partners if a partnership, a member or manager if a limited liability company or an officer of the corporation or association if a corporation or association. Any licensee operating under this section shall keep the records affecting loans made pursuant to this section separate and distinct from the records of any other business of the licensee.

SB530, s. 10 Section 10. 138.10 (2m) of the statutes is amended to read:

SB530,8,6 138.10 (2m) Pawnbroking by licensed lenders. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under s. 138.09 or 138.14.

SB530, s. 11 Section 11. 138.10 (15) of the statutes is amended to read:

SB530,8,9 138.10 (15) Exception. This section does not apply to any person that is licensed under s. 138.09 or 138.14.

SB530, s. 12 Section 12. 138.14 of the statutes is created to read:

SB530,8,11 138.14 Consumer small loans. (1) Definitions. In this section:

SB530,8,14 (a) "Affiliate" means, with respect to a person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. In this paragraph "control" means any of the following:

SB530,8,17 1. For a corporation, direct or indirect ownership of, or the right to control, 10 percent or more of the voting shares of the corporation, or the ability of a person to elect a majority of the directors or otherwise effect a change in policy.

SB530,8,19 2. For any entity other than a corporation, the ability to change the active or passive principals of the organization.

SB530,8,20 (b) "Check" has the meaning given in s. 403.104 (6).

SB530,8,23 (c) "Consumer small loan" means an unsecured consumer loan, including an indebtedness evidenced by a promissory note or an agreement to defer presenting a check or debiting a consumer's bank account for a fee.

SB530,8,24 (d) "Database" means the statewide database described in sub. (14).

SB530,9,3 (e) "Database provider" means a 3rd-party provider with whom the department contracts to operate the database or, if the division elects to operate the database, the division.

SB530,9,4 (f) "Department" means the department of financial institutions.

SB530,9,5 (g) "Division" means the division of banking.

SB530,9,6 (h) "General order" means an order that is not a special order.

SB530,9,8 (i) "Licensee" means a person holding a license issued by the division under sub. (5).

SB530,9,10 (j) "Maturity date" means the date specified when originating a consumer small loan on which the loan is required to be paid in full.

SB530,9,11 (k) "Special order" means an order against a person.

SB530,9,18 (2) License required. A person may not originate or service a consumer small loan involving a Wisconsin resident without first having obtained from the division a license under sub. (5) for each place of business at which the person originates or services consumer small loans involving Wisconsin residents. Such a license is required for, and this section applies to, all consumer small loans made to a Wisconsin resident, regardless of whether the loan is made by face-to-face contact, mail, telephone, Internet, or any other means.

SB530,9,20 (3) Exemptions. This section does not apply to banks, savings banks, savings and loan associations, trust companies, credit unions, or any of their affiliates.

SB530,9,23 (4) Applications; fees; bond. (a) 1. Application for licenses under sub. (5) shall be made to the division in writing in the form and manner prescribed by the division and shall include all of the following:

SB530,9,25 a. Except as provided in subd. 3., if the applicant is an individual, the applicant's social security number.

SB530,10,2 b. If the applicant is not an individual, the applicant's federal employer identification number.

SB530,10,4 2. The division may not disclose any information received under subd. 1. a. or b. to any person except as follows:

SB530,10,7 a. The division may disclose information under subd. 1. a. or b. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB530,10,10 b. The division may disclose information under subd. 1. a. to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

SB530,10,16 3. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for a license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued in reliance upon a false statement submitted by an applicant is invalid.

SB530,10,21 (b) At the time of making application, an applicant for a license shall pay to the division a nonrefundable $300 fee for investigating the application and a $500 annual license fee. If the cost of the investigation exceeds $300, the applicant shall upon demand of the division pay to the division the amount by which the cost of the investigation exceeds the nonrefundable fee.

SB530,10,25 (c) The division shall require any applicant or licensee to file and maintain in force a bond in a sum not to exceed $5,000 for each place of business at which the applicant or licensee makes consumer small loans to a Wisconsin resident. The bond shall be in a form prescribed by and acceptable to the division.

SB530,11,9 (5) Licenses. (a) Upon the filing of an application under sub. (4) and the payment of the required fees, the division shall investigate the relevant facts. Except as provided in par. (b), if the division finds 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 division shall issue a license to the applicant. If the division does not make such finding, the division shall deny the application.

SB530,11,11 (b) The division may not issue a license to an applicant if any of the following applies:

SB530,11,12 1. The applicant fails to provide any information required under sub. (4) (a).

SB530,11,14 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

SB530,11,18 3. The applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB530,11,22 4. The applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB530,12,2 (c) A license shall remain in force and effect until suspended or revoked in accordance with this section or surrendered by the licensee, and a licensee shall, on or before each December 10, pay to the division the annual license fee for the next succeeding calendar year.

SB530,12,4 (d) A license is not assignable and permits operation under it only at or from the place of business specified in the license.

SB530,12,7 (e) A licensee shall conspicuously post a license at the place of business where the licensee makes consumer small loans, or if conducting business through the Internet, on the licensee's Web site so that the license is easily viewed by a consumer.

SB530,12,14 (6) Relocation; other business. (a) Whenever a licensee changes the address of its place of business to another location within the same city, village, or town, the licensee shall give written notice thereof, in a form and manner prescribed by the division, to the division within 10 business days of the relocation and the division shall replace the original license with an amended license showing the new address. No change in the place of business of a licensee to a different city, village, or town is permitted under the same license.