2023 Wisconsin Act 267

138.09 (3) (d) A separate license shall be required for each place of business maintained by the licensee. Whenever a licensee shall change the address of its place of business to another location within the same city, village or town the licensee shall at once give written notice thereof to the division, which shall replace the original license with an amended license showing the new address, provided the location meets with the requirements of par. (e) or to the nationwide multistate licensing system and registry, as directed by the division, in a form and manner acceptable to the division. No change in the place of business of a licensee to a different city, village or town shall be permitted under the same license.

267,19 Section 19. 138.09 (3) (e) 1. a. and f. of the statutes are amended to read:

138.09 (3) (e) 1. a. A business engaged in making loans for business or agricultural purposes or exceeding $25,000 in principal amount, except that all such loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4 .

f. A seller of checks money transmitter business under ch. 217.

267,20 Section 20. 138.09 (3) (e) 3. of the statutes is created to read:

138.09 (3) (e) 3. 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.

267,21 Section 21. 138.09 (3) (f) of the statutes is amended to read:

138.09 (3) (f) Every Each 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 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 in the form and manner prescribed by the division. 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 and submit financial statements as provided in s. 224.35 (8).

267,22 Section 22. 138.09 (3) (g) of the statutes is created to read:

138.09 (3) (g) Each licensee shall keep current and accurate all material information on file with the division and the nationwide multistate licensing system and registry as provided in s. 224.35 (6).

267,23 Section 23. 138.09 (4) (a) 4. of the statutes is created to read:

138.09 (4) (a) 4. The licensee has made a material misstatement, or knowingly omitted a material fact, in an application for a license or in information furnished to the division or the nationwide multistate licensing system and registry.

267,24 Section 24. 138.09 (4) (e) of the statutes is created to read:

138.09 (4) (e) The division may report any enforcement action, any violation of this section or of an administrative rule or order, or other relevant information to the nationwide multistate licensing system and registry. Except as provided in s. 224.35 (4) (b) and (c), these reports to the nationwide multistate licensing system and registry shall be confidential and are not subject to public copying or inspection under s. 19.35 (1).

267,25 Section 25. 138.09 (6) of the statutes is amended to read:

138.09 (6) (a) Except as provided in par. (b), the The licensee shall keep such books and records in the licensee’s place of business at a licensed location, or accessible from a licensed location, as in the opinion of the division will enable the division to determine whether the provisions of this chapter are being observed. Every such licensee shall preserve the records of final entry used in such business, including cards used in the card system, if any, for a period of at least 2 years after the making of any loan recorded therein.

(b) A licensee may keep the books and records specified in par. (a) at a single location inside or outside of this state if the books and records are kept at a location licensed under this section. If any books and records are not located within this state, the licensee, upon request of the division, shall promptly deliver such information to any location within this state specified by the division. The licensee shall organize the books and records by the place of business licensed location where the records originated and shall keep the books and records separate from other records for business conducted at that location. Actual costs incurred by the division to examine books and records maintained outside of this state shall be paid by the licensee.

267,26 Section 26. 138.09 (7) (b), (bm) and (bn) of the statutes are repealed.

267,27 Section 27. 138.09 (7) (c) 2. and 4. of the statutes are amended to read:

138.09 (7) (c) 2. For the purpose of computing interest under this section, whether at the maximum rate or less, a day shall be considered one-thirtieth of a month when such computation is made for a fraction of a month. Loan contracts providing for installments payable at monthly intervals may provide for a first period between the date of the contract and the first installment due date of not more than 45 days and not less than 15 days. Where the first period is greater or lesser than one month, interest may be charged only for each day in the first period, at a rate not to exceed one-thirtieth of the interest which would be applicable to a first installment period of one month, but such first period may be considered a monthly interval for purposes of determining rebates. Where the first period is greater than one month, any additional interest charge shall be earned and may be added to and collected at the time of the first installment payment.

4. If 2 installments or parts thereof of a precomputed loan are not paid on or before the 10th day after their scheduled or deferred due dates, a licensee may elect to convert the loan from a precomputed loan to one in which the interest is computed on unpaid balances actually outstanding. In this event the licensee shall make a rebate pursuant to the provisions on rebate upon prepayment as of the due date of an unpaid installment, and thereafter may charge interest from the due date as provided in subd. 3. or by par. (b) 2. and no further delinquency or deferral charges shall be made. The rate of interest may equal but not exceed the annual percentage rate of finance charge which was disclosed to the borrower when the loan was made. The rate of interest shall be computed on actual unpaid balances of the contract as reduced by the rebate for the time that such balances are actually outstanding from the due date as of which the rebate was made until the contract is fully paid.

267,28 Section 28. 138.09 (7) (e) 2. of the statutes is repealed.

267,29 Section 29. 138.09 (7) (e) 3. of the statutes is amended to read:

138.09 (7) (e) 3. Notwithstanding subds. subd. 1. and 2., delinquency charges on precomputed consumer loans shall be governed by s. 422.203.

267,30 Section 30. 138.09 (7) (g) (intro.) of the statutes is amended to read:

138.09 (7) (g) (intro.) Except as provided in par. (gm), upon Upon prepayment in full by cash, renewal, refinancing or otherwise, the borrower shall be entitled to a rebate of the unearned interest as provided in this paragraph. If the combined rebate of interest and credit insurance premiums otherwise required is less than $1, no rebate need be made. The refunds shall be determined as follows:

267,31 Section 31. 138.09 (7) (gm) 1. and 2. of the statutes are repealed.

267,31m Section 31m. 138.09 (7) (i) (intro.), 1. and 2. of the statutes are amended to read:

138.09 (7) (i) (intro.) In addition to interest, the licensee may charge all of the following:

1. The additional charges allowed in s. 422.202 whether or not the loan is a consumer loan;.

2. An amount sufficient to cover the fee for filing the termination statement required by s. 409.513 on loans secured by merchandise other than a motor vehicle, a manufactured home, or a boat; and.

267,31o Section 31o. 138.09 (7) (i) 4. of the statutes is created to read:

138.09 (7) (i) 4. A nonrefundable prepaid finance charge on a consumer loan, which is earned by the licensee when charged, subject to the following:

a. If the amount financed is $500 or less, the prepaid finance charge may not exceed 10 percent of the amount financed or $50, whichever is less.

b. If the amount financed is more than $500 but does not exceed $1,000, the prepaid finance charge may not exceed 7.5 percent of the amount financed or $75, whichever is less.

c. If the amount financed exceeds $1,000, the prepaid finance charge may not exceed 5 percent of the amount financed or $175, whichever is less.

d. Notwithstanding subd. 4. a. to c., a prepaid finance charge assessed on a consumer loan that is secured primarily by an interest in real property, in a mobile home, as defined in s. 101.91 (10), or in a manufactured home, as defined in s. 101.91 (2), including a refinancing or loan consolidation, may not exceed 2 percent of the amount financed.

e. If a licensee charges a prepaid finance charge on a consumer loan in which the amount financed does not exceed $1,000 that is prepaid from the proceeds of a new loan made by the same licensee within 4 months after the prior loan, then the licensee shall reduce any prepaid finance charge on the new loan by the amount of the prepaid finance charge on the prior loan.

f. If a licensee charges a prepaid finance charge on a consumer loan in which the amount financed exceeds $1,000 that is prepaid from the proceeds of a new loan made by the same licensee within 6 months after the prior loan, then the licensee shall reduce any prepaid finance charge on the new loan by the amount of the prepaid finance charge on the prior loan.

267,32 Section 32. 138.09 (7) (k) of the statutes is amended to read:

138.09 (7) (k) All consumer loans as defined in s. 421.301 (12) shall be governed by chs. 421 to 427, but to the extent that chs. 421 to 427 are inconsistent with this section, this section shall govern.

267,33 Section 33. 138.12 (1) (cm) and (dm) of the statutes are created to read:

138.12 (1) (cm) “Nationwide multistate licensing system and registry” has the meaning given in s. 224.35 (1g) (b).

(dm) “Unique identifier” has the meaning given in s. 224.35 (1g) (e).

267,34 Section 34. 138.12 (3) (b) of the statutes is amended to read:

138.12 (3) (b) A license issued under this section expires on December 31 of the calendar year in which the initial license term began, unless the initial license date is between November 1 and December 31, in which instance the initial license term shall run through December 31 of the following year. The annual license fee is $500 and shall be paid to the division in a form and manner acceptable to the division. Licenses may be renewed May 1 of each year upon payment of the annual fee or reinstated as provided in s. 224.35 (7).

267,35 Section 35. 138.12 (3) (c) of the statutes is repealed and recreated to read:

138.12 (3) (c) A licensee shall make an annual report and submit financial statements as provided in s. 224.35 (8).

267,36 Section 36. 138.12 (3) (d) 2. c. of the statutes is created to read:

138.12 (3) (d) 2. c. The division may disclose information to the nationwide multistate licensing system and registry as provided in s. 224.35.

267,37 Section 37. 138.12 (3) (f), (g) and (h) of the statutes are created to read:

138.12 (3) (f) The division shall utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to applicants and licensees under this section.

(g) An applicant or licensee under this section shall register with, and maintain a valid unique identifier issued by, the nationwide multistate licensing system and registry.

(h) Each licensee shall keep current and accurate all material information on file with the division and the nationwide multistate licensing system and registry as provided in s. 224.35 (6).

267,38 Section 38. 138.12 (4) (am) 1. of the statutes is amended to read:

138.12 (4) (am) 1. An applicant shall pay to the division a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30 December 31.

267,39 Section 39. 138.12 (5) (a) 2. of the statutes is repealed and recreated to read:

138.12 (5) (a) 2. The licensee made a material misstatement, or knowingly omitted a material fact, in an application for a license or in information furnished to the division or the nationwide multistate licensing system and registry.

267,40 Section 40. 138.12 (5) (b) of the statutes is amended to read:

138.12 (5) (b) Before the division revokes, suspends or refuses to renew the license of any premium finance company on any ground other than failure to timely renew or reinstate the license as provided in s. 224.35 (7), the division shall give the company an opportunity to be fully heard and to introduce evidence in the company’s behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this subsection, after hearing, the division may subject the premium finance company to a penalty of not more than $200 for each offense when in the division’s judgment the division finds that the public interest would not be harmed by the continued operation of such company. The amount of any penalty under this paragraph shall be paid by the company to the division for the use of the state. At any hearing under this subsection, the division may administer oaths to witnesses. Anyone testifying falsely, after having been administered the oath, shall be subject to the penalty of perjury.

267,41 Section 41. 138.12 (5r) of the statutes is created to read:

138.12 (5r) Reporting violations. The division may report any enforcement action, any violation of this section or of an administrative rule or order, or other relevant information to the nationwide multistate licensing system and registry. Except as provided in s. 224.35 (4) (b) and (c), these reports to the nationwide multistate licensing system and registry shall be confidential and are not subject to public copying or inspection under s. 19.35 (1).

267,42 Section 42. 138.12 (14) of the statutes is repealed.

267,43 Section 43. 138.14 (1) (br), (jm) and (m) of the statutes are created to read:

138.14 (1) (br) “Customer identification number” means a unique number assigned to a customer in a manner specified by the division, or by the database provider acting at the direction of the division.

(jm) “Nationwide multistate licensing system and registry” has the meaning given in s. 224.35 (1g) (b).

(m) “Unique identifier” has the meaning given in s. 224.35 (1g) (e).

267,44 Section 44. 138.14 (4) (a) 1. (intro.) of the statutes is amended to read:

138.14 (4) (a) 1. (intro.) Application Subject to subd. 1g., 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:

267,45 Section 45. 138.14 (4) (a) 1g., 1m. and 1r. of the statutes are created to read:

138.14 (4) (a) 1g. The division shall utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to applicants and licensees under this section.

1m. An applicant or licensee under this section shall register with, and maintain a valid unique identifier issued by, the nationwide multistate licensing system and registry.

1r. Each licensee shall keep current and accurate all material information on file with the division and the nationwide multistate licensing system and registry as provided in s. 224.35 (6).

267,46 Section 46. 138.14 (4) (a) 2. c. of the statutes is created to read:

138.14 (4) (a) 2. c. The division may disclose information to the nationwide multistate licensing system and registry as provided in s. 224.35.

267,47 Section 47. 138.14 (5) (c) of the statutes is repealed and recreated to read:

138.14 (5) (c) A license may be renewed or reinstated as provided in s. 224.35 (7). A license that is not renewed or reinstated by the end of the reinstatement period provided in s. 224.35 (7) shall be deemed to have expired on December 31 of the year immediately preceding the reinstatement period, unless the initial license date is between November 1 and December 31, in which instance the initial license term shall run through December 31 of the following year.

267,48 Section 48. 138.14 (6) (a) of the statutes is amended to read:

138.14 (6) (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. If so directed by the division, the licensee shall provide any notice required under this subsection to the nationwide multistate licensing system and registry as provided in s. 224.35. No change in the place of business of a licensee to a different city, village, or town is permitted under the same license.

267,49 Section 49. 138.14 (6) (b) 1. b. of the statutes is amended to read:

138.14 (6) (b) 1. b. A seller of checks money transmitter business under ch. 217.

267,50 Section 50. 138.14 (7) (d) of the statutes is amended to read:

138.14 (7) (d) A 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 include business transacted by the licensee under this section and shall give all reasonable and relevant information that the division may require, including the information required for the division’s reports under par. (e). The reports shall be made in the form and manner prescribed by the division and submit financial statements as provided in s. 224.35 (8).

267,51 Section 51. 138.14 (8) (c) of the statutes is amended to read:

138.14 (8) (c) The division shall have the same power to conduct hearings, take testimony, and secure evidence as is provided in ss. 217.17 and 217.18 powers granted under s. 217.11.

267,52 Section 52. 138.14 (9) (a) 4. of the statutes is amended to read:

138.14 (9) (a) 4. That the licensee made a material misstatement, or knowingly omitted a material fact, in an application for a license or in information furnished to the division or the nationwide multistate licensing system and registry.

267,53 Section 53. 138.14 (14) (c) 1. of the statutes is amended to read:

138.14 (14) (c) 1. Allow a licensee accessing the database to check a customer’s unique identification number that is assigned to the customer in a manner specified by the division customer identification number. A customer’s unique customer identification number may not be based on the customer’s social security number.