AB150,1445,1615 138.056 (1) (a) 4. b. The commissioner office of credit unions, if the lender is a
16credit union;

AB150,1445,1918 138.056 (1) (a) 4. d. The commissioner of banking department of financial
19institutions for all other lenders.

AB150,1446,721 138.09 (1) Before any person may do business under this section or charge the
22interest authorized by sub. (7) and before any creditor other than a bank, savings
23bank, savings and loan association or credit union may assess a finance charge on
24a consumer loan in excess of 18% per annum, such year, that person shall first obtain
25a license from the commissioner of banking. Applications for such a license shall be

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1in writing and upon forms provided for this purpose by the commissioner. Every such
2An applicant at the time of making such an application shall pay to the commissioner
3a nonrefundable $300 fee of $100 for investigating the application and the sum of
4$200 as an a $500 annual license fee for the period terminating on the last day of the
5current calendar year. If the cost of the investigation exceeds $100 $300, the
6applicant shall upon demand of the commissioner pay to the commissioner the
7amount by which the cost of the investigation exceeds the $100 nonrefundable fee.

AB150,1446,2110 138.09 (1m) Before any person may do business under this section or charge
11the interest authorized by sub. (7) and before any creditor other than a bank, savings
12bank, savings and loan association or credit union may assess a finance charge on
13a consumer loan in excess of 18% per year, that person shall first obtain a license from
14the commissioner of banking department. Applications for a license shall be in
15writing and upon forms provided for this purpose by the commissioner department.
16An applicant at the time of making an application shall pay to the commissioner
17department a nonrefundable $300 fee for investigating the application and a $500
18annual license fee for the period terminating on the last day of the current calendar
19year. If the cost of the investigation exceeds $300, the applicant shall upon demand
20of the commissioner department pay to the commissioner department the amount by
21which the cost of the investigation exceeds the nonrefundable fee.

AB150,1446,2423 138.09 (1d) In this section, "department" means the department of financial
24institutions.

AB150,1447,12

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1138.09 (2) The commissioner department may also require the applicant to file
2with the commissioner department, and to maintain in force, a bond in which the
3applicant shall be the obligor, in a sum not to exceed $5,000 with one or more
4corporate sureties licensed to do business in Wisconsin, whose liability as such
5sureties shall not exceed the sum of $5,000 in the aggregate, to be approved by the
6commissioner department, and such bond shall run to the state of Wisconsin for the
7use of the state and of any person or persons who may have a cause of action against
8the obligor of the bond under the provisions of this section. Such bonds shall be
9conditioned that the obligor will conform to and abide by each and every provision
10of this section, and will pay to the state or to any person or persons any and all moneys
11that may become due or owing to the state or to such person or persons from the
12obligor under and by virtue of the provisions of this chapter.

AB150,1447,2314 138.09 (3) (a) Upon the filing of such application and the payment of such fee,
15the commissioner department shall investigate the relevant facts, and if the
16commissioner department shall find that the character and general fitness and the
17financial responsibility of the applicant, and the members thereof if the applicant is
18a partnership, limited liability company or association, and the officers and directors
19thereof if the applicant is a corporation, warrant the belief that the business will be
20operated in compliance with this section the commissioner department shall
21thereupon issue a license to said applicant to make loans in accordance with the
22provisions of this section. If the commissioner department shall not so find, he or she
23the department shall deny such application.

AB150,1448,4

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1138.09 (3) (b) Every license shall remain in force and effect until suspended or
2revoked in accordance with this section or surrendered by the licensee, and every
3licensee shall, on or before each December 10, pay to the commissioner department
4the annual license fee for the next succeeding calendar year.

AB150,1448,126 138.09 (3) (c) Such license shall not be assignable and shall permit operation
7under it only at or from the location specified in the license at which location all loans
8shall be consummated, but this provision shall not prevent the licensee from making
9loans under this section which are not initiated or consummated by face to face
10contact away from the licensed location if permitted by the commissioner
11department in writing or by rule or at an auction sale conducted or clerked by a
12licensee.

AB150,1448,2114 138.09 (3) (d) A separate license shall be required for each place of business
15maintained by the licensee. Whenever a licensee shall change the address of its place
16of business to another location within the same city, village or town the licensee shall
17at once give written notice thereof to the commissioner, who department, which shall
18replace the original license with an amended license showing the new address,
19provided the location meets with the requirements of par. (e). No change in the place
20of business of a licensee to a different city, village or town shall be permitted under
21the same license.

AB150,1449,823 138.09 (3) (e) A licensee may conduct, and permit others to conduct, at the
24location specified in its license, any one or more of the following businesses not
25subject to this section: A business engaged in making loans for business or

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1agricultural purposes or exceeding $25,000 in principal amount except that all such
2loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a
3business engaged in making first lien real estate mortgage loans under ss. 138.051
4to 138.06, a loan, finance or discount business under s. 218.01, or an insurance
5business, or a currency exchange under s. 218.05, or a seller of checks business under
6ch. 217; but merchandise shall not be sold at such location; and no other business
7shall be conducted at such location unless written authorization is granted the
8licensee by the commissioner department.

AB150,1449,2010 138.09 (3) (f) Every licensee shall make an annual report to the commissioner
11department for each calendar year on or before March 15 of the following year. Such
12report shall cover business transacted by the licensee under the provisions of this
13section and shall give such reasonable and relevant information as the commissioner
14department may require. Such reports shall be made upon blanks furnished by the
15commissioner department and shall be signed and verified by the oath or affirmation
16of the licensee if an individual, one of the partners if a partnership, a member or
17manager if a limited liability company or an officer of the corporation or association
18if a corporation or association. Any licensee operating under this section shall keep
19the records affecting loans made pursuant to this section separate and distinct from
20the records of any other business of such licensee.

AB150,1450,822 138.09 (4) (intro.) The commissioner department for the purpose of discovering
23violations of this chapter may cause an investigation to be made of the business of
24the licensee transacted under this section, and shall cause an investigation to be
25made of convictions reported to the commissioner department by any district

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1attorney for violation by a licensee of this chapter. The place of business, books of
2account, papers, records, safes and vaults of said licensee shall be open to inspection
3and examination by the commissioner or the commissioner's representative
4department for the purpose of such investigation and the commissioner department
5may examine under oath all persons whose testimony the commissioner department
6may require relative to said investigation. The commissioner department may, upon
7notice to the licensee and reasonable opportunity to be heard, suspend or revoke such
8license after such hearing if:

AB150,1450,1210 138.09 (4) (a) The licensee has violated any provision of this chapter and if the
11commissioner department determines such violation justifies the suspension or
12revocation of the license;

AB150,1450,1614 138.09 (4) (b) Any fact or condition exists which, if it had existed at the time
15of the original application for such license, would have warranted the commissioner
16department in refusing to issue such license; and

AB150,1451,718 138.09 (4a) Any licensee and any other person aggrieved by any order of the
19commissioner department has the right to appeal to the board of review under this
20section, provided a written notice of appeal is served upon the commissioner
21department and upon the chairperson or secretary of the consumer credit review
22board under s. 220.037 within 10 days from the date of the commissioner's
23department's order. Upon service of a written notice of appeal as herein provided the
24review board shall hold a hearing within a reasonable time thereafter. The review
25board shall give the parties a written notice of the time and place said hearing will

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1be held. The cost of any investigation or examination or hearing, including witness
2fees or any other expenses, conducted by the commissioner department or the review
3board shall be paid by the licensee so examined or by the appellant within 30 days
4after demand therefor by the commissioner department, and the state may maintain
5an action for the recovery of such costs and expenses in any court of competent
6jurisdiction, except that no cost shall be charged an appellant by the review board
7unless the board sustains the commissioner department.

AB150,1451,159 138.09 (6) (a) Except as provided in par. (b), the licensee shall keep such books
10and records in the licensee's place of business as in the opinion of the commissioner
11of banking department will enable the commissioner department to determine
12whether the provisions of this chapter are being observed. Every such licensee shall
13preserve the records of final entry used in such business, including cards used in the
14card system, if any, for a period of at least 2 years after the making of any loan
15recorded therein.

AB150,1451,2317 138.09 (6) (b) A licensee may keep the books and records specified in par. (a)
18at a single location inside or outside of this state if the books and records are kept at
19a location licensed under this section. The licensee shall organize the books and
20records by the place of business where the records originated and shall keep the
21books and records separate from other records for business conducted at that
22location. Actual costs incurred by the commissioner department to examine books
23and records maintained outside of this state shall be paid by the licensee.

AB150,1452,3

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1138.09 (7) (bn) 4. Information regarding the amount of the maximum finance
2charge under subds. 1. and 2. for any month or calendar year quarter shall be
3available at the office of the commissioner department.

AB150,1452,65 138.09 (11) The commissioner department may employ necessary examiners or
6other personnel from time to time and fix their compensation.

AB150,1452,98 138.12 (1) (a) "Commissioner" "Department" means the commissioner of
9banking department of financial institutions.

AB150,1452,1211 138.12 (1) (c) "Licensee" means an insurance premium finance company
12holding a license issued by the commissioner department under this section.

AB150,1452,2214 138.12 (2) (a) Any insurance company or agent defined in s. 628.02, any savings
15and loan association, savings bank, sales finance company, motor vehicle instalment
16seller, bank, trust company, licensed lender or credit union authorized to do business
17in this state, but such organizations, if otherwise eligible, are exempt from the
18licensing under this section, but subs. (9) to (12) and any rules promulgated by the
19commissioner department pertaining to such subsections shall be applicable to all
20premium finance transactions entered into by such organizations in this state if an
21insurance policy or any rights thereunder is made the security or collateral for
22repayment of the debt.

AB150,1453,3

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1138.12 (3) (b) The annual license fee is $400 $500 and shall be paid to the
2commissioner. Licenses may be renewed May 1 of each year upon payment of the
3annual fee of $400.

AB150,1453,86 138.12 (3) (b) The annual license fee is $500 and shall be paid to the
7commissioner department. Licenses may be renewed May 1 of each year upon
8payment of the annual fee.

AB150,1453,1810 138.12 (3) (c) The person to whom the license or the renewal thereof is issued
11shall file sworn answers, subject to the penalties of perjury, to such interrogatories
12as the commissioner department requires. The commissioner department may, at
13any time, require the applicant fully to disclose the identity of all stockholders,
14partners, members, managers, officers and employes, and the commissioner
15department may refuse to issue or renew a license in the name of any person if the
16commissioner department is not satisfied that any officer, employe, stockholder,
17partner, member or manager thereof, who may materially influence the applicant's
18conduct, meets the standards of this section.

AB150,1454,220 138.12 (4) (a) Upon the filing of an application and the payment of the license
21fee required fees under par. (am) 1., the commissioner shall make an investigation
22of each applicant and shall issue a license if the commissioner finds the applicant is
23qualified in accordance with this section. If the commissioner does not so find, the
24commissioner shall, within 30 days after the commissioner has received such the

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1application, so notify the applicant and , at the request of the applicant, give the
2applicant a full hearing.

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.

AB150,1454,1513 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.

AB150,1454,2321 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

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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.

AB150,1455,65 138.12 (4) (b) (intro.) The commissioner department shall issue or renew a
6license when the commissioner department is satisfied that the person to be licensed:

AB150,1455,208 138.12 (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.

AB150,1455,2322 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.

AB150,1456,9

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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.

AB150,1456,1311 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.

AB150,1457,315 139.05 (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

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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.

AB150,1457,65 139.34 (2) The department, by rule, may prescribe the term for which permits
6under this section are valid.

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.

AB150,1457,2511 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.

AB150,1458,152 139.37 (1) (a) No person shall sell or take orders for cigarettes for resale in this
3state for any manufacturer or permittee without first obtaining a salesperson's
4permit from the department of revenue. No manufacturer or permittee shall
5authorize any person to sell or take orders for cigarettes in this state without first
6having such person secure a salesperson's permit. The fee for such permit is $2 or,
7if the department promulgates a rule, an amount prescribed by the department by
8that rule. The department, by rule, may prescribe the term for which a permit under
9this subsection is valid. Each application for a permit shall disclose the name and
10address of the employer and such permit shall remain effective only while the
11salesperson represents such named employer. If such salesperson is thereafter
12employed by another manufacturer or permittee the salesperson shall obtain a new
13salesperson's permit. Each manufacturer and permittee shall notify the department
14within 10 days after the resignation or dismissal of any such salesperson holding a
15permit.

AB150,1458,2517 139.39 (4) No suit shall be maintained in any court to restrain or delay the
18collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay
19the tax when due and, if paid under protest, may at any time within 90 days from the
20date of payment, sue the state to recover the tax paid. If it is finally determined that
21any part of the tax was wrongfully collected, the department secretary of
22administration shall issue a warrant on the state treasurer for the amount
23wrongfully collected, and the treasurer shall pay the same out of the general fund.
24A separate suit need not be filed for each separate payment made by any taxpayer,
25but a recovery may be had in one suit for as many payments as may have been made.