AB40,2153
2Section
2153. 301.32 (3) (c) of the statutes is repealed.
AB40,2154
3Section
2154. 302.04 of the statutes is amended to read:
AB40,934,10
4302.04 Duties of warden and superintendents. Except as provided in
s. 5ss. 13.48 (14) (am) and 16.848
(1), the warden or the superintendent of each state
6prison shall have charge and custody of the prison and all lands, belongings,
7furniture, implements, stock and provisions and every other species of property
8within the same or pertaining thereto. The warden or superintendent shall enforce
9the rules of the department for the administration of the prison and for the
10government of its officers and the discipline of its inmates.
AB40,2155
11Section
2155. 302.12 (2) of the statutes is amended to read:
AB40,934,1912
302.12
(2) Money accruing under this section remains under the control of the
13department, to be used for the crime victim and witness assistance surcharge under
14s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046
(1r), the
15drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or
16the inmate's family or dependents, under rules promulgated by the department as
17to time, manner and amount of disbursements. The rules shall provide that the
18money be used for the reasonable support of the inmate's family or dependents before
19it is allocated for the drug offender diversion surcharge.
AB40,2156
20Section
2156. 302.13 of the statutes is amended to read:
AB40,935,2
21302.13 Preservation of property an inmate brings to prison. The
22department shall preserve money and effects, except clothes, in the possession of an
23inmate when admitted to the prison and, subject to the crime victim and witness
24assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis
25surcharge under s. 973.046
(1r), the child pornography surcharge under s. 973.042,
1and the drug offender diversion surcharge under s. 973.043, shall restore the money
2and effects to the inmate when discharged.
AB40,2157
3Section
2157. 302.43 of the statutes is amended to read:
AB40,935,19
4302.43 Good time. Every inmate of a county jail is eligible to earn good time
5in the amount of one-fourth of his or her term for good behavior if sentenced to at
6least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
7for time served prior to sentencing under s. 973.155, including good time under s.
8973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
9or refuses to perform any duty lawfully required of him or her, may be deprived by
10the sheriff of good time under this section, except that the sheriff shall not deprive
11the inmate of more than 2 days good time for any one offense without the approval
12of the court. An inmate who files an action or special proceeding, including a petition
13for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
14the number of days of good time specified in the court order prepared under s. 807.15
15(3). This section does not apply to a person who is confined in the county jail in
16connection with his or her participation in a substance abuse treatment program
17that meets the requirements of s.
16.964 (12) (c)
165.95 (3), as determined by the
18office of justice assistance department of justice under s.
16.964 (12) (j) 165.95 (9) and
19(10).
AB40,2158
20Section
2158. 304.075 of the statutes is repealed.
AB40,2159
21Section
2159. 321.40 (5) (c) of the statutes is amended to read:
AB40,935,2322
321.40
(5) (c) No guard member may receive a tuition grant under sub. (3) for
23any semester in which he or she received a payment under s. 45.20 (2)
or 45.205 (2).
AB40,2160
24Section
2160. 321.42 (1) (b) of the statutes is amended to read:
AB40,936,6
1321.42
(1) (b) The costs and expenses of the defense under par. (a) shall be
2audited by the department of administration and charged to the appropriation under
3s.
20.455 (1) (b) 20.505 (1) (d). If the jury or court finds that the member against
4whom the action is brought acted within the scope of his or her employment as a
5member, the judgment as to damages entered against the member shall be paid by
6the state.
AB40,2161
7Section
2161. 321.60 (1) (a) 12. of the statutes is amended to read:
AB40,936,118
321.60
(1) (a) 12. A license or certificate of registration issued by the
9department of financial institutions, or a division of it, under ss. 138.09, 138.12,
10138.14,
202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72,
11224.725, or 224.93 or subch. IV of ch. 551.
AB40,2162
12Section
2162. 323.40 (3) (a) of the statutes is renumbered 323.40 (3) (a) 1. and
13amended to read:
AB40,936,2014
323.40
(3) (a) 1. Except as provided in par. (b), an individual who registers in
15writing with a local unit of government's emergency management program to
16provide his or her own labor without compensation, other than reimbursement for
17travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a
18related training exercise is considered an employee of the
local unit of government 19state for worker's compensation under ch. 102 for purposes of any claim relating to
20the labor provided.
AB40,2163
21Section
2163. 323.40 (3) (a) 2. of the statutes is created to read:
AB40,937,322
323.40
(3) (a) 2. If an individual who is considered an employee of the state
23under subd. 1. files a claim for worker's compensation relating to the individual's
24labor provided during a disaster, an imminent threat of a disaster, or a related
25training exercise, the local unit of government with which the individual is
1registered to provide that labor shall refer that claim to the department of military
2affairs, and, if the claim is payable under ch. 102, the department shall pay that
3claim from the appropriation under s. 20.465 (3) (am).
AB40,2164
4Section
2164. 343.50 (8) (c) 3. of the statutes is renumbered 343.50 (8) (c) 5.
AB40,2165
5Section
2165. 343.50 (8) (c) 4. of the statutes is created to read:
AB40,937,116
343.50
(8) (c) 4. Notwithstanding par. (b) and s. 343.14 (2j), the department
7may, upon request, provide to the department of revenue any applicant information,
8including social security numbers, maintained by the department of transportation
9and identified in s. 343.14 (2), including providing electronic access to the
10information. Any information obtained by the department of revenue under this
11subdivision is subject to the confidentiality provisions of s. 71.78.
AB40,2166
12Section
2166. 348.21 (3) (b) 1. b. of the statutes is amended to read:
AB40,937,1413
348.21
(3) (b) 1. b.
Two Three cents for each pound of total excess load if the
14excess is over 2,000 pounds and not over 3,000 pounds.
AB40,2167
15Section
2167. 348.21 (3) (b) 1. c. of the statutes is amended to read:
AB40,937,1716
348.21
(3) (b) 1. c.
Three Five cents for each pound of total excess load if the
17excess is over 3,000 pounds and not over 4,000 pounds.
AB40,2168
18Section
2168. 348.21 (3) (b) 1. d. of the statutes is amended to read:
AB40,937,2019
348.21
(3) (b) 1. d.
Five Eight cents for each pound of total excess load if the
20excess is over 4,000 pounds and not over 5,000 pounds.
AB40,2169
21Section
2169. 348.21 (3) (b) 1. e. of the statutes is amended to read:
AB40,937,2322
348.21
(3) (b) 1. e.
Seven Fifteen cents for each pound of total excess load if the
23excess is over 5,000 pounds.
AB40,2170
24Section
2170. 348.21 (3) (b) 2. b. of the statutes is amended to read:
AB40,938,2
1348.21
(3) (b) 2. b.
Four
Five cents for each pound of total excess load if the
2excess is over 2,000 pounds and not over 3,000 pounds.
AB40,2171
3Section
2171. 348.21 (3) (b) 2. c. of the statutes is amended to read:
AB40,938,54
348.21
(3) (b) 2. c.
Six Eight cents for each pound of total excess load if the excess
5is over 3,000 and not over 4,000 pounds.
AB40,2172
6Section
2172. 348.21 (3) (b) 2. d. of the statutes is amended to read:
AB40,938,87
348.21
(3) (b) 2. d.
Eight Twelve cents for each pound of total excess load if the
8excess is over 4,000 pounds and not over 5,000 pounds.
AB40,2173
9Section
2173. 348.21 (3) (b) 2. e. of the statutes is amended to read:
AB40,938,1110
348.21
(3) (b) 2. e.
Ten Eighteen cents for each pound of total excess load if the
11excess is over 5,000 pounds.
AB40,2174
12Section
2174. 348.21 (3g) (a) (intro.) of the statutes is amended to read:
AB40,938,1513
348.21
(3g) (a) (intro.) For
a
the first conviction
or a 2nd conviction within a
1412-month period, a forfeiture of not less than $150 nor more than $250 plus an
15amount equal to whichever of the following applies:
AB40,2175
16Section
2175. 348.21 (3g) (b) (intro.) of the statutes is amended to read:
AB40,938,1917
348.21
(3g) (b) (intro.) For the
3rd
2nd and each subsequent conviction within
18a 12-month period, a forfeiture of not less than $500 nor more than $550, plus an
19amount equal to whichever of the following applies:
AB40,2176
20Section
2176. 409.109 (4) (n) of the statutes is created to read:
AB40,938,2321
409.109
(4) (n) Any rental-purchase company that has filed notice as provided
22under s. 420.02 (1) and any rental-purchase agreement entered into by such a
23rental-purchase company.
AB40,2177
24Section
2177. Chapter 420 of the statutes is created to read:
AB40,938,2525
CHAPTER 420
AB40,939,1
1RENTAL-PURCHASE COMPANIES
AB40,939,2
2420.01 Definitions. In this chapter:
AB40,939,6
3(1) "Cash price" means the price at which a rental-purchase company would
4sell rental property to the lessee of the rental property if the lessee were to pay for
5the rental property in full on the date on which the rental-purchase agreement is
6executed.
AB40,939,7
7(2) "Department" means the department of financial institutions.
AB40,939,11
8(3) "Rental property" means property rented under a rental-purchase
9agreement but does not include any motor vehicle, as defined in s. 340.01 (35), or any
10musical instrument that is intended to be used in whole or in part in an elementary
11school or high school.
AB40,939,14
12(4) "Rental-purchase agreement" means an agreement between a
13rental-purchase company and a lessee for the use of rental property if all of the
14following apply:
AB40,939,1615
(a) The rental property is to be used primarily for personal, family, or household
16purposes.
AB40,939,1817
(b) The agreement has an initial term of 4 months or less and is renewable with
18each payment after the initial term.
AB40,939,2019
(c) The agreement does not obligate or require the lessee to renew the
20agreement beyond the initial term.
AB40,939,2221
(d) The agreement permits, but does not obligate, the lessee to acquire
22ownership of the rental property.
AB40,939,25
23(5) "Rental-purchase company" means a person engaged in the business of
24entering into rental-purchase agreements in this state or acquiring rental-purchase
25agreements that are entered into in this state.
AB40,940,5
1420.02 Notice to the department. (1) Notice. (a) Except as provided in
2par. (b), a rental-purchase company shall file notice with the department, in the form
3and manner prescribed by the department, within 30 days after commencing
4business in this state. A separate notice is required for each place of business
5maintained by the rental-purchase company.
AB40,940,106
(b) A rental-purchase company that generates less than 75 percent of its total
7revenues in this state from transactions involving rental-purchase agreements may
8elect not to file notice with the department under par. (a) and, upon informing the
9department of this election in a manner prescribed by the department, shall not be
10governed by the provisions of this chapter.
AB40,940,14
11(2) Fee. For each location for which a notice is filed under sub. (1), the
12rental-purchase company shall pay to the department an annual fee of $1,000. If a
13rental-purchase company fails to timely pay the annual fee, the department shall
14order the rental-purchase company to cease operating until the annual fee is paid.
AB40,940,17
15420.03 General requirements of disclosure. (1) Form, location, size, and
16time of disclosure. The information that is required to be disclosed under s. 420.04
17shall satisfy all of the following:
AB40,940,1818
(a) The information shall be clearly and conspicuously disclosed.
AB40,940,1919
(b) The information shall be disclosed in writing.
AB40,940,2320
(c) Except as provided in par. (f), the information shall be disclosed in the
21rental-purchase agreement above the line for the lessee's signature. Multiple pages
22or backs of pages may be used as long as the face of the rental-purchase agreement
23is signed by the lessee and other pages are signed or initialed by the lessee.
AB40,940,2524
(d) Except as provided in par. (f), the information shall be disclosed in not less
25than 8-point standard type.
AB40,941,2
1(e) The information shall be disclosed before the time that the lessee becomes
2legally obligated under the rental-purchase agreement.
AB40,941,63
(f) The disclosures required by s. 420.04 (2), (3), (4), and (7) shall be printed in
4at least 10-point boldface type on the face of the rental-purchase agreement, and
5shall be grouped together in a box, in the form and order prescribed by the
6department.
AB40,941,11
7(2) Accuracy of disclosure. The information required under s. 420.04 must
8be accurate as of the time that it is disclosed to the lessee. If any information
9subsequently becomes inaccurate as a result of any act, occurrence, or agreement by
10the lessee, the resulting inaccuracy is not a violation of any provision of this chapter
11relating to rental-purchase agreements.
AB40,941,16
12(3) Copy of rental-purchase agreement. The rental-purchase company shall
13provide the lessee with a copy of the completed rental-purchase agreement signed
14by the lessee. If more than one lessee is legally obligated under the same
15rental-purchase agreement, delivery of a copy of the completed rental-purchase
16agreement to one of the lessees shall satisfy this subsection.
AB40,941,19
17420.04 Required provisions of rental-purchase agreement. A
18rental-purchase company shall include all of the following information, to the extent
19applicable, in every rental-purchase agreement:
AB40,941,24
20(1) Description. A brief description of the rental property, sufficient to identify
21the rental property to the lessee and the rental-purchase company, including any
22identification number, and a statement indicating whether the rental property is
23new or used. A statement that new rental property is used shall not be a violation
24of this subchapter.
AB40,941,25
25(2) Cash price. The cash price of the rental property.
AB40,942,4
1(3) Rental payments to acquire ownership. The total number, total dollar
2amount, and timing of all rental payments necessary to acquire ownership of the
3rental property, excluding any applicable taxes, application or processing charge,
4delivery fee, liability damage waiver fee, and fees for optional services.
AB40,942,11
5(4) Cost of rental services. The difference between the total dollar amount
6of payments necessary to acquire ownership of the rental property disclosed under
7sub. (3) and the cash price of the property disclosed under sub. (2). The
8rental-purchase company shall also include a statement substantially similar to the
9following: "The cost of rental services is the amount you will pay in addition to the
10cash price if you acquire ownership of the rented goods by making all payments
11necessary to acquire ownership."
AB40,942,13
12(5) Periodic payment. The rental payment and any applicable taxes and fees
13for optional services to which the lessee agrees.
AB40,942,18
14(6) Up-front payment. The total amount of the initial payment to be made by
15the lessee at the time that the rental-purchase agreement is executed or the rental
16property is delivered, including the initial rental payment, any application or
17processing charge, any delivery fee, and fees for other optional services to which the
18lessee agrees.
AB40,942,22
19(7) Total payments to acquire ownership. The total of all charges to be paid
20by the lessee to acquire ownership of the rental property, which shall consist of the
21total dollar amount of all rental payments disclosed under sub. (3), and the total
22dollar amount of all required fees and taxes.
AB40,942,25
23(8) Other charges. An itemized description of any other charges or fees that
24the rental-purchase company may charge upon the occurrence of a contingency
25specified in the rental-purchase agreement, such as late fees.
AB40,943,3
1(9) Summary of early-purchase option. A statement summarizing the terms
2of the lessee's options to acquire ownership of the rental property as provided in s.
3420.06 (3).
AB40,943,10
4(10) Responsibility for theft or damage. A statement that, unless otherwise
5agreed, the lessee is responsible for the fair market value of the rental property,
6determined according to the early-purchase option formula under sub. (9), if the
7rental property is stolen, damaged, or destroyed while in the possession of or subject
8to the control of the lessee. The statement shall indicate that the fair market value
9will be determined as of the date on which the rental property is stolen, damaged,
10or destroyed.
AB40,943,19
11(11) Service and warranty. A statement that during the term of the rental-
12purchase agreement, the rental-purchase company is required to service the rental
13property and maintain it in good working condition, as long as no other person has
14serviced the rental property. In lieu of servicing the rental property, the
15rental-purchase company may, at its option, replace the rental property with
16substitute property of comparable quality and condition. The rental-purchase
17company's obligation to provide service is limited to defects in the property not
18caused by improper use or neglect by the lessee or harmful conditions outside the
19control of the rental-purchase company or manufacturer.
AB40,943,22
20(12) Termination at option of lessee. A statement that the lessee may
21terminate the agreement at any time without penalty by voluntarily surrendering
22or returning the rental property in good repair.
AB40,943,24
23(13) Right to reinstate. A brief explanation of the lessee's right to reinstate
24a rental-purchase agreement under s. 420.07.
AB40,944,5
1(14) Rental, not purchase. A statement reading substantially as follows: "You
2are renting this property. You will not own the property until you make all payments
3necessary to acquire ownership or until you exercise your early-purchase option. If
4you do not make your payments as scheduled or exercise your early-purchase option,
5the rental-purchase company may repossess the property."
AB40,944,9
6(15) Information about rental-purchase company and lessee. The names of
7the rental-purchase company and the lessee, the rental-purchase company's
8business address and telephone number, the lessee's address, and the date on which
9the rental-purchase agreement is executed.
AB40,944,16
10(16) Optional services. Space for a specific, separately signed or initialed,
11affirmative, written indication of the lessee's desire for any optional service for which
12a charge is assessed. The lessee's request must be obtained after a written disclosure
13of the cost of the optional service is made, and the disclosure of the cost and purpose
14of such service must be listed at or near the affirmation space. This requirement is
15satisfied by a separate written agreement for an optional service that meets the
16requirements of this subsection.
AB40,944,18
17420.05 Prohibited provisions of rental-purchase agreements. A
18rental-purchase agreement may not contain any of the following:
AB40,944,19
19(1) Confession. A confession of judgment.