AB40: Bill Text

AB40,933,24 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB40,2151 Section 2151. 301.32 (3) (a) of the statutes is renumbered 301.32 (3).

AB40,2152 Section 2152. 301.32 (3) (b) of the statutes is repealed.

AB40,2153 Section 2153. 301.32 (3) (c) of the statutes is repealed.

AB40,2154 Section 2154. 302.04 of the statutes is amended to read:

AB40,934,10 302.04 Duties of warden and superintendents. Except as provided in s. ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB40,2155 Section 2155. 302.12 (2) of the statutes is amended to read:

AB40,934,19 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB40,2156 Section 2156. 302.13 of the statutes is amended to read:

AB40,935,2 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB40,2157 Section 2157. 302.43 of the statutes is amended to read:

AB40,935,19 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (j) 165.95 (9) and (10).

AB40,2158 Section 2158. 304.075 of the statutes is repealed.

AB40,2159 Section 2159. 321.40 (5) (c) of the statutes is amended to read:

AB40,935,23 321.40 (5) (c) No guard member may receive a tuition grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2) or 45.205 (2).

AB40,2160 Section 2160. 321.42 (1) (b) of the statutes is amended to read:

AB40,936,6 321.42 (1) (b) The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.455 (1) (b) 20.505 (1) (d). If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.

AB40,2161 Section 2161. 321.60 (1) (a) 12. of the statutes is amended to read:

AB40,936,11 321.60 (1) (a) 12. 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, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

AB40,2162 Section 2162. 323.40 (3) (a) of the statutes is renumbered 323.40 (3) (a) 1. and amended to read:

AB40,936,20 323.40 (3) (a) 1. Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government state for worker's compensation under ch. 102 for purposes of any claim relating to the labor provided.

AB40,2163 Section 2163. 323.40 (3) (a) 2. of the statutes is created to read:

AB40,937,3 323.40 (3) (a) 2. If an individual who is considered an employee of the state under subd. 1. files a claim for worker's compensation relating to the individual's labor provided during a disaster, an imminent threat of a disaster, or a related training exercise, the local unit of government with which the individual is registered to provide that labor shall refer that claim to the department of military affairs, and, if the claim is payable under ch. 102, the department shall pay that claim from the appropriation under s. 20.465 (3) (am).

AB40,2164 Section 2164. 343.50 (8) (c) 3. of the statutes is renumbered 343.50 (8) (c) 5.

AB40,2165 Section 2165. 343.50 (8) (c) 4. of the statutes is created to read:

AB40,937,11 343.50 (8) (c) 4. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in s. 343.14 (2), including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of s. 71.78.

AB40,2166 Section 2166. 348.21 (3) (b) 1. b. of the statutes is amended to read:

AB40,937,14 348.21 (3) (b) 1. b. Two Three cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40,2167 Section 2167. 348.21 (3) (b) 1. c. of the statutes is amended to read:

AB40,937,17 348.21 (3) (b) 1. c. Three Five cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.

AB40,2168 Section 2168. 348.21 (3) (b) 1. d. of the statutes is amended to read:

AB40,937,20 348.21 (3) (b) 1. d. Five Eight cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40,2169 Section 2169. 348.21 (3) (b) 1. e. of the statutes is amended to read:

AB40,937,23 348.21 (3) (b) 1. e. Seven Fifteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40,2170 Section 2170. 348.21 (3) (b) 2. b. of the statutes is amended to read:

AB40,938,2 348.21 (3) (b) 2. b. Four Five cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40,2171 Section 2171. 348.21 (3) (b) 2. c. of the statutes is amended to read:

AB40,938,5 348.21 (3) (b) 2. c. Six Eight cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds.

AB40,2172 Section 2172. 348.21 (3) (b) 2. d. of the statutes is amended to read:

AB40,938,8 348.21 (3) (b) 2. d. Eight Twelve cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40,2173 Section 2173. 348.21 (3) (b) 2. e. of the statutes is amended to read:

AB40,938,11 348.21 (3) (b) 2. e. Ten Eighteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40,2174 Section 2174. 348.21 (3g) (a) (intro.) of the statutes is amended to read:

AB40,938,15 348.21 (3g) (a) (intro.) For a the first conviction or a 2nd conviction within a 12-month period, a forfeiture of not less than $150 nor more than $250 plus an amount equal to whichever of the following applies:

AB40,2175 Section 2175. 348.21 (3g) (b) (intro.) of the statutes is amended to read:

AB40,938,19 348.21 (3g) (b) (intro.) For the 3rd 2nd and each subsequent conviction within a 12-month period, a forfeiture of not less than $500 nor more than $550, plus an amount equal to whichever of the following applies:

AB40,2176 Section 2176. 409.109 (4) (n) of the statutes is created to read:

AB40,938,23 409.109 (4) (n) Any rental-purchase company that has filed notice as provided under s. 420.02 (1) and any rental-purchase agreement entered into by such a rental-purchase company.

AB40,2177 Section 2177. Chapter 420 of the statutes is created to read:

AB40,938,25 CHAPTER 420

AB40,939,1 RENTAL-PURCHASE COMPANIES

AB40,939,2 420.01 Definitions. In this chapter:

AB40,939,6 (1) "Cash price" means the price at which a rental-purchase company would sell rental property to the lessee of the rental property if the lessee were to pay for the rental property in full on the date on which the rental-purchase agreement is executed.

AB40,939,7 (2) "Department" means the department of financial institutions.

AB40,939,11 (3) "Rental property" means property rented under a rental-purchase agreement but does not include any motor vehicle, as defined in s. 340.01 (35), or any musical instrument that is intended to be used in whole or in part in an elementary school or high school.

AB40,939,14 (4) "Rental-purchase agreement" means an agreement between a rental-purchase company and a lessee for the use of rental property if all of the following apply:

AB40,939,16 (a) The rental property is to be used primarily for personal, family, or household purposes.

AB40,939,18 (b) The agreement has an initial term of 4 months or less and is renewable with each payment after the initial term.

AB40,939,20 (c) The agreement does not obligate or require the lessee to renew the agreement beyond the initial term.

AB40,939,22 (d) The agreement permits, but does not obligate, the lessee to acquire ownership of the rental property.

AB40,939,25 (5) "Rental-purchase company" means a person engaged in the business of entering into rental-purchase agreements in this state or acquiring rental-purchase agreements that are entered into in this state.

AB40,940,5 420.02 Notice to the department. (1) Notice. (a) Except as provided in par. (b), a rental-purchase company shall file notice with the department, in the form and manner prescribed by the department, within 30 days after commencing business in this state. A separate notice is required for each place of business maintained by the rental-purchase company.

AB40,940,10 (b) A rental-purchase company that generates less than 75 percent of its total revenues in this state from transactions involving rental-purchase agreements may elect not to file notice with the department under par. (a) and, upon informing the department of this election in a manner prescribed by the department, shall not be governed by the provisions of this chapter.

AB40,940,14 (2) Fee. For each location for which a notice is filed under sub. (1), the rental-purchase company shall pay to the department an annual fee of $1,000. If a rental-purchase company fails to timely pay the annual fee, the department shall order the rental-purchase company to cease operating until the annual fee is paid.

AB40,940,17 420.03 General requirements of disclosure. (1) Form, location, size, and time of disclosure. The information that is required to be disclosed under s. 420.04 shall satisfy all of the following:

AB40,940,18 (a) The information shall be clearly and conspicuously disclosed.

AB40,940,19 (b) The information shall be disclosed in writing.

AB40,940,23 (c) Except as provided in par. (f), the information shall be disclosed in the rental-purchase agreement above the line for the lessee's signature. Multiple pages or backs of pages may be used as long as the face of the rental-purchase agreement is signed by the lessee and other pages are signed or initialed by the lessee.

AB40,940,25 (d) Except as provided in par. (f), the information shall be disclosed in not less than 8-point standard type.

AB40,941,2 (e) The information shall be disclosed before the time that the lessee becomes legally obligated under the rental-purchase agreement.

AB40,941,6 (f) The disclosures required by s. 420.04 (2), (3), (4), and (7) shall be printed in at least 10-point boldface type on the face of the rental-purchase agreement, and shall be grouped together in a box, in the form and order prescribed by the department.

AB40,941,11 (2) Accuracy of disclosure. The information required under s. 420.04 must be accurate as of the time that it is disclosed to the lessee. If any information subsequently becomes inaccurate as a result of any act, occurrence, or agreement by the lessee, the resulting inaccuracy is not a violation of any provision of this chapter relating to rental-purchase agreements.

AB40,941,16 (3) Copy of rental-purchase agreement. The rental-purchase company shall provide the lessee with a copy of the completed rental-purchase agreement signed by the lessee. If more than one lessee is legally obligated under the same rental-purchase agreement, delivery of a copy of the completed rental-purchase agreement to one of the lessees shall satisfy this subsection.

AB40,941,19 420.04 Required provisions of rental-purchase agreement. A rental-purchase company shall include all of the following information, to the extent applicable, in every rental-purchase agreement:

AB40,941,24 (1) Description. A brief description of the rental property, sufficient to identify the rental property to the lessee and the rental-purchase company, including any identification number, and a statement indicating whether the rental property is new or used. A statement that new rental property is used shall not be a violation of this subchapter.

AB40,941,25 (2) Cash price. The cash price of the rental property.

AB40,942,4 (3) Rental payments to acquire ownership. The total number, total dollar amount, and timing of all rental payments necessary to acquire ownership of the rental property, excluding any applicable taxes, application or processing charge, delivery fee, liability damage waiver fee, and fees for optional services.

AB40,942,11 (4) Cost of rental services. The difference between the total dollar amount of payments necessary to acquire ownership of the rental property disclosed under sub. (3) and the cash price of the property disclosed under sub. (2). The rental-purchase company shall also include a statement substantially similar to the following: "The cost of rental services is the amount you will pay in addition to the cash price if you acquire ownership of the rented goods by making all payments necessary to acquire ownership."

AB40,942,13 (5) Periodic payment. The rental payment and any applicable taxes and fees for optional services to which the lessee agrees.

AB40,942,18 (6) Up-front payment. The total amount of the initial payment to be made by the lessee at the time that the rental-purchase agreement is executed or the rental property is delivered, including the initial rental payment, any application or processing charge, any delivery fee, and fees for other optional services to which the lessee agrees.

AB40,942,22 (7) Total payments to acquire ownership. The total of all charges to be paid by the lessee to acquire ownership of the rental property, which shall consist of the total dollar amount of all rental payments disclosed under sub. (3), and the total dollar amount of all required fees and taxes.

AB40,942,25 (8) Other charges. An itemized description of any other charges or fees that the rental-purchase company may charge upon the occurrence of a contingency specified in the rental-purchase agreement, such as late fees.

AB40,943,3 (9) Summary of early-purchase option. A statement summarizing the terms of the lessee's options to acquire ownership of the rental property as provided in s. 420.06 (3).

AB40,943,10 (10) Responsibility for theft or damage. A statement that, unless otherwise agreed, the lessee is responsible for the fair market value of the rental property, determined according to the early-purchase option formula under sub. (9), if the rental property is stolen, damaged, or destroyed while in the possession of or subject to the control of the lessee. The statement shall indicate that the fair market value will be determined as of the date on which the rental property is stolen, damaged, or destroyed.

AB40,943,19 (11) Service and warranty. A statement that during the term of the rental- purchase agreement, the rental-purchase company is required to service the rental property and maintain it in good working condition, as long as no other person has serviced the rental property. In lieu of servicing the rental property, the rental-purchase company may, at its option, replace the rental property with substitute property of comparable quality and condition. The rental-purchase company's obligation to provide service is limited to defects in the property not caused by improper use or neglect by the lessee or harmful conditions outside the control of the rental-purchase company or manufacturer.

AB40,943,22 (12) Termination at option of lessee. A statement that the lessee may terminate the agreement at any time without penalty by voluntarily surrendering or returning the rental property in good repair.

AB40,943,24 (13) Right to reinstate. A brief explanation of the lessee's right to reinstate a rental-purchase agreement under s. 420.07.

AB40,944,5 (14) Rental, not purchase. A statement reading substantially as follows: "You are renting this property. You will not own the property until you make all payments necessary to acquire ownership or until you exercise your early-purchase option. If you do not make your payments as scheduled or exercise your early-purchase option, the rental-purchase company may repossess the property."

AB40,944,9 (15) Information about rental-purchase company and lessee. The names of the rental-purchase company and the lessee, the rental-purchase company's business address and telephone number, the lessee's address, and the date on which the rental-purchase agreement is executed.