Amendment ASA-AB150

AB150-ASA,1779,5 (a) A local exposition district under subch. II of ch. 229.

AB150-ASA,1779,7 (2) This section shall not be construed as relieving any person of any duty of exercising any required level of care in selecting securities.

AB150-ASA, s. 5977 Section 5977. 219.09 (1) (b) of the statutes is created to read:

AB150-ASA,1779,9 219.09 (1) (b) The University of Wisconsin Hospitals and Clinics Authority.

AB150-ASA, s. 5978 Section 5978. 220.01 (1m) of the statutes is created to read:

AB150-ASA,1779,11 220.01 (1m) "Division" means the division of banking.

AB150-ASA, s. 5979 Section 5979. 220.02 (title) of the statutes is amended to read:

AB150-ASA,1779,13 220.02 (title) Commissioner of banking Division; duties.

AB150-ASA, s. 5980 Section 5980. 220.02 (1) of the statutes is repealed.

AB150-ASA, s. 5981 Section 5981. 220.02 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1779,18 220.02 (2) (intro.) The commissioner of banking division shall enforce all laws relating to banks and banking in this state, and shall enforce and cause to be enforced every law relating to the supervision and control thereof, including those relating to:

AB150-ASA, s. 5982 Section 5982. 220.02 (3) of the statutes is amended to read:

AB150-ASA,1780,3 220.02 (3) It is the intent of sub. (2) to give the commissioner of banking division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges and collection agencies and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals or otherwise, but to exclude laws relating to credit unions, savings banks and savings and loan associations.

AB150-ASA, s. 5983 Section 5983. 220.02 (5) of the statutes is amended to read:

AB150-ASA,1780,11 220.02 (5) Except as otherwise provided in s. 220.037, any interested person or any bank or banking corporation aggrieved by an act, order or determination of the commissioner division may, within 10 days from the date thereof, apply to the banking review board to review the same. All such applications for review shall be considered and disposed of as speedily as possible. The banking review board may require the commissioner division to submit any of the commissioner's official division's actions subject to such review to said board for its approval.

AB150-ASA, s. 5984 Section 5984. 220.02 (6) of the statutes is repealed.

AB150-ASA, s. 5985 Section 5985. 220.035 (1) (a) of the statutes is amended to read:

AB150-ASA,1780,22 220.035 (1) (a) The banking review board shall advise the commissioner of banking division and others in respect to improvement in the condition and service of banks and banking business in this state and shall review the acts and decisions of the commissioner of banking division with respect to banks, except for such acts and decisions subject to review under s. 220.037, and shall perform such other review functions in relation to banking as are provided by law. The banking review board may require the commissioner of banking division to submit any of the commissioner's official division's actions to it for its approval. The board may make rules of procedure as provided in ch. 227.

AB150-ASA, s. 5986 Section 5986. 220.035 (1) (b) of the statutes is amended to read:

AB150-ASA,1781,15 220.035 (1) (b) Any interested person aggrieved by any act, order or determination of the commissioner of banking division may apply for review thereof by filing a petition with the secretary of the board within 10 days after the act, order or determination to be reviewed, which petition shall state the nature of the petitioner's interest, facts showing that petitioner is aggrieved and directly affected by the act, order or determination to be reviewed and the ground or grounds upon which petitioner claims that the act, order or determination should be modified or reversed. The issues raised by the petition for review shall be considered by the board upon giving at least 10 days' written notice of the time and place when said matter will be heard to the commissioner division and the person applying for review or that person's attorney and upon any other person who participated in the proceedings before the commissioner division or that other person's attorney. Notice of hearing may be given by registered mail, return receipt requested, and the return receipt signed by the addressee or the addressee's agent shall be presumptive evidence that such notice was received by the addressee on the day stated on the receipt. Any other interested party shall have the right to appear in any proceeding before the board.

AB150-ASA, s. 5987 Section 5987. 220.035 (1) (c) of the statutes is amended to read:

AB150-ASA,1782,6 220.035 (1) (c) The board shall base its determination upon the record made by the commissioner division and may also receive additional evidence to supplement such record if it finds it necessary. The board shall affirm, modify or reverse the act, order or determination under review. The burden of overcoming the act, order or determination of the commissioner division under review shall be on the person seeking the review. Any findings of fact made by the commissioner division shall be sustained if supported by substantial evidence in the record made by the commissioner division or in such record supplemented by evidence taken by the board. The board shall have the powers granted by s. 885.01 (4). Any person causing a witness to be subpoenaed shall advance and pay the fees and mileage of such witness which shall be the same as in circuit court. The fees and mileage of witnesses who are called at the instance of the commissioner division shall be paid by the state in the same manner that other expenses are audited and paid upon presentation of properly verified vouchers approved by at least one member of the board and charged to the appropriation of the office of the commissioner of banking division.

AB150-ASA, s. 5988 Section 5988. 220.035 (1) (d) of the statutes is amended to read:

AB150-ASA,1782,10 220.035 (1) (d) Each member of the board and all employes of the board shall, with respect to the disclosure of information concerning banks, be subject to the same requirements and penalties as the commissioner of banking employes of the division.

AB150-ASA, s. 5989 Section 5989. 220.035 (4) of the statutes is amended to read:

AB150-ASA,1782,19 220.035 (4) The board shall have an office in the quarters of the commissioner of banking division. The board's secretary shall keep a record of the meetings of the board and of all hearings, decisions, orders and determinations of the board. The board may make reasonable rules not inconsistent with law as to the time of meetings, time of hearings, notice of hearings and manner of conducting same and of deciding the matters presented. The board may direct that hearings and testimony be taken by any member of the board or by an examiner designated by the board.

AB150-ASA, s. 5990 Section 5990. 220.037 (1) of the statutes is amended to read:

AB150-ASA,1782,23 220.037 (1) The commissioner shall delegate a A department employe to shall keep and preserve the records of the consumer credit review board. The division administrator may call a special meeting of the consumer credit review board.

AB150-ASA, s. 5991 Section 5991. 220.037 (2) of the statutes is amended to read:

AB150-ASA,1783,6 220.037 (2) The consumer credit review board shall counsel, advise with and review the acts and decisions of the commissioner of banking division under chs. 138, 217 and 218. In performing such review functions, the board shall have all the powers granted to the banking review board under s. 220.035 (1) and its final orders and determinations shall be subject to judicial review under ch. 227. The board may establish rules of procedure in accordance with ch. 227.

AB150-ASA, s. 5992 Section 5992. 220.04 (title) of the statutes is amended to read:

AB150-ASA,1783,8 220.04 (title) Powers of commissioner division.

AB150-ASA, s. 5993 Section 5993. 220.04 (1) (a) of the statutes is amended to read:

AB150-ASA,1783,18 220.04 (1) (a) The commissioner of banking or any deputy or examiner division shall examine at least once in each year the cash, bills, collaterals, securities, assets, books of account, condition and affairs of each bank and trust company bank doing business in this state, except national banks. For that purpose the commissioner division may examine on oath any of the officers, agents, directors, clerks, stockholders, customers or depositors thereof, touching the affairs and business of such institution. In making such examinations of banks, the commissioner division shall determine the fair valuation of all assets in accordance with the schedules, rules and regulations prescribed by the banking review board.

AB150-ASA, s. 5994 Section 5994. 220.04 (1) (b) of the statutes is amended to read:

AB150-ASA,1783,24 220.04 (1) (b) In lieu of any examination required to be made by the commissioner division, the commissioner division may accept any examination that may have been made of any bank or trust company bank within a reasonable period by the federal deposit insurance corporation or a federal reserve bank, provided a copy of the examination is furnished the commissioner division.

AB150-ASA, s. 5995 Section 5995. 220.04 (2) of the statutes is amended to read:

AB150-ASA,1784,5 220.04 (2) The commissioner division shall examine, or cause to be examined, any bank when requested by the board of directors of such bank. The commissioner division shall also ascertain whether such bank transacts its business at the place designated in the articles of incorporation, and whether its business is conducted in the manner prescribed by law.

AB150-ASA, s. 5996 Section 5996. 220.04 (3) of the statutes is amended to read:

AB150-ASA,1784,13 220.04 (3) The commissioner or deputy commissioner division may, in the performance of his or her official duties, issue subpoenas and administer oaths. In case of any refusal to obey a subpoena issued by the commissioner or deputy commissioner division, the refusal shall be reported at once to the circuit court of the circuit in which the bank is located. The court shall enforce obedience to the subpoena in the manner provided by law for enforcing obedience to subpoenas of the court.

AB150-ASA, s. 5997 Section 5997. 220.04 (4) of the statutes is amended to read:

AB150-ASA,1785,15 220.04 (4) Whenever the commissioner division is of the opinion that the loaning, investing or other banking policies or practices of any officer or director of any bank have been prejudicial to the best interests of such bank or its depositors, or that such policies or practices, if put into operation or continued, will endanger the safety or solvency of said bank or impair the interests of its depositors, the commissioner division may, with the approval of the banking review board, request the removal of such officer or director. Such request shall be served on the bank and on such officer or director in the manner provided by law for serving a summons in a court of record or shall be transmitted to said bank and officer or director by registered mail with return receipt requested. If such request for removal is not complied with within a reasonable time fixed by the commissioner division, the commissioner division may by order, with like approval of the banking review board, remove such officer or director, but no order of removal shall be entered until after an opportunity for hearing before the banking review board is given to such officer or director upon not less than 10 days' notice. An order of removal shall take effect as of the date issued. A copy of such order shall be served upon the bank and upon such officer or director in the manner provided by law for service of a summons in a court of record or by mailing such copy to the bank or officer or director at the bank's or officer's or director's last-known post-office address. Any removal under this subsection shall be effective in all respects the same as if made by the board of directors or stockholders of said bank. Any officer or director removed from office under the provisions of this subsection shall not be reelected as an officer or director of any bank without the approval of the commissioner division and the banking review board. An order of removal under this subsection shall be deemed a final order or determination of the banking review board within the meaning and contemplation of s. 220.035 (3).

AB150-ASA, s. 5998 Section 5998. 220.04 (5) of the statutes is amended to read:

AB150-ASA,1786,2 220.04 (5) The commissioner division, in connection with the liquidation of any bank or banking corporation or when called upon to approve any plan of reorganization and stabilization thereof or when the commissioner division is satisfied the interests of the depositors and creditors in assets held under any trust arrangement so require in connection with such reorganization and stabilization, may cause the bank or banking corporation or trust to be audited. The expense of the audit shall, upon the certificate of the commissioner division, be refunded forthwith to the office of the commissioner of banking division by the bank, banking corporation or the trustees out of the assets of the bank, banking corporation or trust. Such charges shall be a preferred claim against the assets.

AB150-ASA, s. 5999 Section 5999. 220.04 (6) (a) of the statutes is amended to read:

AB150-ASA,1786,14 220.04 (6) (a) The commissioner division, with the approval of the banking review board, may establish uniform savings rules which shall be adopted by every bank and trust company bank. Such rules may provide the conditions under which banks or trust company banks may accept time deposits and the methods of figuring interest. Such rules may also provide the term of notice of withdrawal and the amounts which may be withdrawn by depositors, which conditions the bank may put in force in times of financial stress by action of its board of directors. The maximum rate of interest on deposits paid by banks whose deposits are not insured by the federal deposit insurance corporation, whether certificates of deposit or book savings deposits, shall be the same as the rate set by the federal deposit insurance corporation for banks whose deposits are insured by it.

AB150-ASA, s. 6000 Section 6000. 220.04 (6) (d) of the statutes is amended to read:

AB150-ASA,1786,23 220.04 (6) (d) The commissioner of banking division, with the approval of the banking review board, may establish rules regulating the kind and amount of foreign bonds or bonds and securities offered for sale by the international bank for reconstruction and development, the inter-American development bank, the international finance corporation, the African development bank and the Asian development bank which state banks and trust company banks may purchase, except that such rules shall not apply to bonds and securities of the Canadian government and Canadian provinces, which are payable in American funds.

AB150-ASA, s. 6001 Section 6001. 220.04 (7) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1787,3 220.04 (7) (b) (intro.) The commissioner of banking division may, with the approval of the banking review board, establish uniform rules regulating organizations engaging in fiduciary operations. Such rules may:

AB150-ASA, s. 6002 Section 6002. 220.04 (7) (b) 1. of the statutes is amended to read:

AB150-ASA,1787,9 220.04 (7) (b) 1. Authorize the office of the commissioner of banking division or any other state agency having jurisdiction over the organization to require the organization to submit periodic reports, in such form and containing such information as the commissioner of banking division may prescribe, regarding the organization's fiduciary operations.

AB150-ASA, s. 6003 Section 6003. 220.04 (8) of the statutes is amended to read:

AB150-ASA,1787,21 220.04 (8) Unless the commissioner division is expressly restricted by statute from acting under this subsection with respect to a specific power, right or privilege, the commissioner of banking division by rule may, with the approval of the banking review board, authorize state banks to exercise any power under the notice, disclosure or procedural requirements governing national banks or to make any loan or investment or exercise any right, power or privilege permitted national banks under federal law, regulation or interpretation. Notice, disclosure and procedures prescribed by statute which may be modified by a rule adopted under this subsection include, but are not limited to, those provided under s. 138.056. A rule adopted under this subsection may not affect s. 138.041 or chs. 421 to 428 or restrict powers specifically granted state banks under this chapter or ch. 221 or 224.

AB150-ASA, s. 6004 Section 6004. 220.04 (9) (a) 2. of the statutes is amended to read:

AB150-ASA,1787,25 220.04 (9) (a) 2. "Regulated entity" means a bank, trust company bank and any other entity which is described in s. 220.02 (2) or 221.56 as under the supervision and control of the commissioner of banking division.

AB150-ASA, s. 6005 Section 6005. 220.04 (9) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1788,5 220.04 (9) (b) Notice of hearing. (intro.) The commissioner division may serve a notice of a hearing which complies with s. 227.44 (1) and (2) on an official or regulated entity if, as a result of an examination or report made to the commissioner division, the commissioner division determines any of the following:

AB150-ASA, s. 6006 Section 6006. 220.04 (9) (b) 1. of the statutes is amended to read:

AB150-ASA,1788,9 220.04 (9) (b) 1. The official or regulated entity is violating or is about to violate the banking laws of this state or any rule or order issued by the commissioner division.

AB150-ASA, s. 6007 Section 6007. 220.04 (9) (b) 3. of the statutes is amended to read:

AB150-ASA,1788,14 220.04 (9) (b) 3. An official is violating or is about to violate a written condition which the commissioner division imposed in connection with granting an application or request by the regulated entity, or a written agreement entered into with the commissioner division.

AB150-ASA, s. 6008 Section 6008. 220.04 (9) (d) of the statutes is amended to read:

AB150-ASA,1788,23 220.04 (9) (d) Cease and desist order. If the recipient of a notice of hearing fails to appear or if upon the record made at the hearing the commissioner division finds that a violation or unsafe or unsound practice has been established, the commissioner division may issue and serve on the official or regulated entity an order to cease and desist from the violation or practice. The order may require the official or regulated entity to correct the conditions resulting from the violation or practice. An order issued under this paragraph is effective upon service on the official or regulated entity named in the order and may be appealed under s. 220.035.

AB150-ASA, s. 6009 Section 6009. 220.04 (9) (e) 1. of the statutes is amended to read:

AB150-ASA,1789,11 220.04 (9) (e) 1. If the commissioner division finds that a violation or practice described in par. (b) is likely to cause insolvency or substantial dissipation of assets or earnings of the regulated entity or seriously prejudice the interests of its depositors, the commissioner division may issue a temporary order requiring the official or regulated entity named in the notice of hearing to cease and desist from the violation or practice and to take affirmative action to prevent insolvency, dissipation of assets or earnings or prejudice to depositors pending completion of the proceedings. The temporary order is effective upon service on the official or regulated entity named in the notice of hearing and remains effective and enforceable pending completion of the administrative proceedings unless suspended, set aside or limited by a court as provided in subd. 2.

AB150-ASA, s. 6010 Section 6010. 220.04 (9) (f) 1. of the statutes is amended to read:

AB150-ASA,1789,15 220.04 (9) (f) 1. As part of an order issued under par. (d), the commissioner division may impose a forfeiture of up to $10,000 for each violation or practice under par. (b).

AB150-ASA, s. 6011 Section 6011. 220.04 (9) (g) (intro.) of the statutes is amended to read:

AB150-ASA,1789,25 220.04 (9) (g) Enforcement. (intro.) The commissioner division may institute proceedings to recover a forfeiture under par. (f) or to enjoin the violation of an order issued under par. (d) and, after notice and opportunity for a hearing as provided in sub. (4), may order the removal of an official who commits a violation or engages in a practice under par. (b) or who violates an order issued under par. (d), if the commissioner division finds that the practice or violation involves personal dishonesty resulting in financial gain to the official or demonstrates a wilful or continuing disregard for the safety or soundness of the regulated entity, and the commissioner division finds any of the following:

AB150-ASA, s. 6012 Section 6012. 220.04 (10) of the statutes is amended to read:

AB150-ASA,1790,15 220.04 (10) If it appears to the commissioner of banking division that a person has engaged or is about to engage in an act or practice constituting a violation of the laws of this state relating to banks and banking, including this chapter, chs. 217, 218 and 221 to 224 and s. 138.09, or a rule promulgated or order issued under those laws, the commissioner division may bring an action in the name of the state in the circuit court of the appropriate county to enjoin the acts or practices and to enforce compliance with the laws, rules or orders, or the commissioner division may refer the matter to the district attorney of the appropriate county or, if the alleged violation may be enforced by the attorney general under s. 220.12, 221.18, 221.205, 221.28 or 224.06 (7) or is statewide in nature, to the attorney general. Upon a proper showing, the court may grant a permanent or temporary injunction or restraining order, appoint a receiver for the defendant or the defendant's assets or order rescission of any acts determined to be unlawful. The court may not require the commissioner division to post a bond.

AB150-ASA, s. 6013 Section 6013. 220.05 (title) of the statutes is amended to read:

AB150-ASA,1790,18 220.05 (title) Examination fees; assessment by commissioner and assessments.

AB150-ASA, s. 6014 Section 6014. 220.05 (1) of the statutes is amended to read:

AB150-ASA,1791,3 220.05 (1) The commissioner of banking division shall assess each state bank and trust company bank for the cost of each examination made, which cost shall be determined by the commissioner division and shall include the salaries and expenses of all examiners and other employes of the commissioner division actively engaged in such an examination, the salaries and expenses of the commissioner, review examiner or any other person whose services are required in connection with such examination and any reports thereof, and any other expenses which may be directly apportioned. Any charge so made shall be paid within 30 days from the time the bank receives notice of the assessment.

AB150-ASA, s. 6015 Section 6015. 220.05 (2) of the statutes is amended to read:

AB150-ASA,1791,10 220.05 (2) On or before July 15 of each year, each state bank and trust company bank shall pay to the commissioner division an annual assessment for the maintenance of the functions of the office of the commissioner of banking division in an amount to be determined by the banking review board, but which shall not exceed 8 cents per $1,000 of resources, or part thereof, for the first $5,000,000 and shall not exceed 6 cents per $1,000, or part thereof, for all resources over $5,000,000.

AB150-ASA, s. 6016 Section 6016. 220.05 (5) of the statutes is amended to read:

AB150-ASA,1792,14 220.05 (5) Whenever in the judgment of the commissioner division, the condition or conduct of any bank renders it necessary or expedient to make an extra examination or to devote any extraordinary attention to its affairs, the commissioner division shall have the authority to make any and all necessary extra examinations and audits or partial audits and to devote any necessary attention to the conduct of its affairs; and such bank shall pay for each additional examination, and for each audit or partial audit, the actual cost thereof. Where an audit or partial audit is ordered, the actual reasonable cost of auditors shall be charged. Before directing any examination in excess of 2 or any audit or partial audit, the commissioner division shall examine the audits and examinations of any clearing house association as to the bank in question which may be furnished to it and shall avoid duplication of examinations, audits or partial audits wherever reasonably possible. In case of audits or partial audits for which a charge may be made under the provisions of this section, the commissioner division shall promptly send a copy to the bank and the bank shall pay the reasonable cost thereof. When the commissioner division delivers to a bank a copy of any examination, audit or partial audit, the commissioner division may by letter accompanying same require the bank to have the receipt of same acknowledged in the record of the next meeting of directors of the bank and may require that there be sent to the commissioner division a certified copy of action by the directors showing that all the directors of the bank have read said copy and are familiar with its contents and have signed a statement to such effect on the copy received by the bank and may require that a duplicate of such signed statement signed by all directors to be sent to the commissioner division to be attached to and filed with the original of such examination, audit or partial audit on file in with the office division. Failure of the bank or its board of directors or any of them to comply with any such order or direction of the commissioner division within a reasonable time fixed by it shall be sufficient ground for the taking of possession of said bank by the commissioner division and liquidating said bank under s. 220.08.

AB150-ASA, s. 6017 Section 6017. 220.05 (6) of the statutes is amended to read:

AB150-ASA,1793,3 220.05 (6) Any bank or trust company holding any property in trust or in any fiduciary capacity or as custodian or bailee shall pay in addition to said fees and assessments provided for in sub. (2) the actual reasonable cost of any and all examinations (whether or not they are in excess of 2 in any one year) conducted by the office of the commissioner of banking division of the books, records and business of said bank or trust company insofar as they relate to said property held in trust or other fiduciary capacity or as custodian or bailee, said cost to include a fair charge for time of assistants and office overhead and to be determined by the commissioner division within a reasonable time after each said examination has been completed. A statement of such charge shall be promptly sent to said bank or trust company. Each such bank or trust company shall pay such charge within 10 days after receipt of such statement. Said cost shall include the cost of furnishing copy to the bank or trust company.

AB150-ASA, s. 6018 Section 6018. 220.06 (1) of the statutes is amended to read:

AB150-ASA,1793,6 220.06 (1) In this section, "licensee" means a person licensed by the commissioner of banking division under ch. 138, 217 or 218.

AB150-ASA, s. 6019 Section 6019. 220.06 (1m) of the statutes is amended to read:

AB150-ASA,1794,5 220.06 (1m) No commissioner of banking, deputy, assistant deputy or examiner division employe may examine a bank or licensee in which such that person is interested as a stockholder, officer or employe. No commissioner, deputy, assistant deputy or examiner division employe may examine a bank or licensee located in the same village, city or county with any bank or licensee in which such that person is so interested. The commissioner of banking, deputy, assistant deputies and every employe Employes in the office of the commissioner division, and each member and employe of the banking review board, shall keep secret all facts and information obtained in the course of examinations or from reports not under s. 221.15 (1) filed by a bank or licensee with the office of the commissioner of banking division, except so far as the public duty of the officer person requires reporting upon or taking special action regarding the affairs of any bank or licensee, and except when called as a witness in any criminal proceeding or trial in a court of justice. The commissioner division may furnish to the federal deposit insurance corporation or to any regulatory authority for state or federal financial institutions, insurance or securities a copy of any examination made of any such bank or licensee or of any report made by such bank or licensee and may give access to and disclose to the corporation or to any regulatory authority for state or federal financial institutions, insurance or securities any information possessed by the commissioner division with reference to the conditions or affairs of any such insured bank or licensee if the regulatory authority agrees to treat all information received with the same degree of confidentiality as applies to reports of examination that are in the custody of the commissioner division.

AB150-ASA, s. 6020 Section 6020. 220.06 (2) of the statutes is amended to read:

AB150-ASA,1794,15 220.06 (2) If any commissioner, deputy, assistant deputy, examiner or other employe in such office the division or any member of the banking review board or any employe thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, he or she that person shall be subject, upon conviction, to forfeiture of office, or position and to the payment of a fine of not less than $100 nor more than $1,000, or imprisonment in the Wisconsin state prisons not less than 6 months nor more than 2 years, or both.

AB150-ASA, s. 6021 Section 6021. 220.06 (3) (a) of the statutes is amended to read: