AB150, s. 4182
3Section
4182
. 138.12 (4) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is amended to read:
AB150,1454,115
138.12
(4) (a) Upon the filing of an application and the payment of the required
6fees under par. (am) 1., the
commissioner department shall make an investigation
7of each applicant and shall issue a license if the
commissioner department finds the
8applicant is qualified in accordance with this section. If the
commissioner 9department does not so find, the
commissioner department shall, within 30 days
10after the
commissioner department has received the application, notify the applicant
11and, at the request of the applicant, give the applicant a full hearing.
AB150, s. 4183
12Section
4183. 138.12 (4) (am) of the statutes is created to read:
AB150,1454,1513
138.12
(4) (am) 1. An applicant shall pay to the commissioner a nonrefundable
14$300 license investigation fee and a $500 annual license fee for the period ending on
15the next April 30.
AB150,1454,1816
2. If the cost of the investigation exceeds $300, the applicant shall, upon
17demand of the commissioner, pay the amount by which the cost of the investigation
18exceeds the nonrefundable fee.
AB150, s. 4184
19Section
4184. 138.12 (4) (am) of the statutes, as created by 1995 Wisconsin Act
20.... (this act), is amended to read:
AB150,1454,2321
138.12
(4) (am) 1. An applicant shall pay to the
commissioner department a
22nonrefundable $300 license investigation fee and a $500 annual license fee for the
23period ending on the next April 30.
AB150,1455,3
12. If the cost of the investigation exceeds $300, the applicant shall, upon
2demand of the
commissioner department, pay the amount by which the cost of the
3investigation exceeds the nonrefundable fee.
AB150, s. 4185
4Section
4185. 138.12 (4) (b) (intro.) of the statutes is amended to read:
AB150,1455,65
138.12
(4) (b) (intro.) The
commissioner department shall issue or renew a
6license when the
commissioner department is satisfied that the person to be licensed:
AB150, s. 4186
7Section
4186. 138.12 (5) (b) of the statutes is amended to read:
AB150,1455,208
138.12
(5) (b) Before the
commissioner
department revokes, suspends or
9refuses to renew the license of any premium finance company, the
commissioner 10department shall give the company an opportunity to be fully heard and to introduce
11evidence in the company's behalf. In lieu of revoking or suspending the license for
12any of the causes enumerated in this subsection, after hearing, the
commissioner 13department may subject the premium finance company to a penalty of not more than
14$200 for each offense when in the
commissioner's
department's judgment the
15commissioner department finds that the public interest would not be harmed by the
16continued operation of such company. The amount of any penalty under this
17paragraph shall be paid by the company to the
commissioner department for the use
18of the state. At any hearing under this subsection, the
commissioner department 19may administer oaths to witnesses. Anyone testifying falsely, after having been
20administered the oath, shall be subject to the penalty of perjury.
AB150, s. 4187
21Section
4187. 138.12 (5) (c) of the statutes is amended to read:
AB150,1455,2322
138.12
(5) (c) Any action of the
commissioner department in refusing to issue
23or renew a license shall be subject to review under subch. III of ch. 227.
AB150, s. 4188
24Section
4188. 138.12 (6) (a) of the statutes is amended to read:
AB150,1456,9
1138.12
(6) (a) Every licensee shall maintain records of its premium finance
2transactions and the records shall be open to an examination and investigation by
3the
commissioner department. The
commissioner department may make an
4examination of the books, records and accounts of any licensee as the
commissioner 5department deems necessary. The
commissioner department shall determine the
6cost of an examination and that cost shall be assessed against and paid by the
7licensee so examined. The
commissioner department may, at any time, require any
8licensee to bring such records as the
commissioner
department directs to the
9commissioner's office department for examination.
AB150, s. 4189
10Section
4189. 138.12 (7) of the statutes is amended to read:
AB150,1456,1311
138.12
(7) Rules and regulations. The
commissioner department may make
12and enforce such reasonable rules as are necessary to carry out this section, but such
13rules shall not be contrary to nor inconsistent with this section.
AB150, s. 4190
14Section
4190. 139.05 (7) (b) of the statutes is amended to read:
AB150,1457,315
139.05
(7) (b) Such license shall be issued by the secretary for the period of one
16year and must be renewed annually
or, if the department promulgates a rule, for a
17term prescribed by the secretary by that rule. The application for such license shall
18be verified and shall contain an agreement on the part of the brewer that the brewer
19shall observe all laws of this state relating to fermented malt beverages, and such
20other information and statements as the secretary may require. Any such brewer
21who has, directly or indirectly, violated any law of this state relating to fermented
22malt beverages shall not be entitled to such a license.
No fee shall be required for
23any such license The secretary, by rule, may prescribe the fee for obtaining, and the
24fee for renewing, the license under this section. The secretary may require the
25applicant to furnish and file a bond to be approved by the secretary payable to the
1state in an amount not less than $1,000 nor more than $5,000 conditioned upon the
2faithful compliance by the applicant with the undertakings set forth in the
3application for the license.
AB150, s. 4191
4Section
4191. 139.34 (2) of the statutes is repealed and recreated to read:
AB150,1457,65
139.34
(2) The department, by rule, may prescribe the term for which permits
6under this section are valid.
AB150, s. 4192
7Section
4192. 139.34 (3) of the statutes is repealed and recreated to read:
AB150,1457,98
139.34
(3) The department, by rule, may prescribe the fee for obtaining, and
9the fee for renewing, the permit under this section.
AB150, s. 4193
10Section
4193. 139.34 (9) of the statutes is amended to read:
AB150,1457,2511
139.34
(9) The applicant for a permit, if a nonresident, foreign corporation or
12foreign limited liability company, shall file proof that the applicant has appointed the
13secretary of state department of revenue as agent for the service of process on any
14matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of
15business in this state need not obtain a certificate of authority under ss. 180.1501 to
16180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501
17to 180.1505, the foreign corporation satisfies this subsection by filing the address of
18its registered office in this state and the name of its registered agent at that office
19and by promptly filing any changes to this information. A foreign limited liability
20company without a place of business in this state need not obtain a certificate of
21registration under ss. 183.1002 to 183.1007. If a foreign limited liability company
22has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited
23liability company satisfies this subsection by filing the address of its registered office
24in this state and the name of its registered agent at that office and by promptly filing
25any changes to this information.
AB150, s. 4194
1Section
4194. 139.37 (1) (a) of the statutes is amended to read: