AB100: Bill Text

AB100, s. 3252 Section 3252. 218.51 (5) (b) of the statutes is amended to read:

AB100,1340,23 218.51 (5) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended under sub. (4m).

AB100, s. 3253 Section 3253. 218.52 (3) of the statutes is amended to read:

AB100,1341,5 218.52 (3) For each motor vehicle sold by a motor vehicle salvage pool, the motor vehicle salvage pool shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred by a motor vehicle salvage pool.

AB100, s. 3254 Section 3254. 220.01 (1e) of the statutes is created to read:

AB100,1341,7 220.01 (1e) "Department" means the department of financial institutions.

AB100, s. 3255 Section 3255. 221.0303 (2) of the statutes is amended to read:

AB100,1341,24 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB100, s. 3256 Section 3256. 221.0321 (5) of the statutes is amended to read:

AB100,1342,9 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the division office of credit unions and the division of savings and loan institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

AB100, s. 3257 Section 3257. 223.105 (3) (a) of the statutes is amended to read:

AB100,1342,17 223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7) the division of banking, the office of credit unions and the division of savings and loan institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

AB100, s. 3258 Section 3258. 223.105 (4) of the statutes is amended to read:

AB100,1343,3 223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, the office of credit unions or the division of savings and loan institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

AB100, s. 3259 Section 3259. 223.105 (5) of the statutes is amended to read:

AB100,1343,11 223.105 (5) Enforcement remedy. The division of banking or the division of savings and loan institutions or office of credit unions shall upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

AB100, s. 3260 Section 3260. 223.105 (6) of the statutes is amended to read:

AB100,1343,19 223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings and loan institutions or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.

AB100, s. 3261 Section 3261. Chapter 224 (title) of the statutes is amended to read:

AB100,1343,24 CHAPTER 224 MISCELLANEOUS BANKING AND FINANCIAL INSTITUTIONS PROVISIONS

AB100, s. 3262 Section 3262. 224.092 of the statutes is renumbered 224.25.

AB100, s. 3263 Section 3263. 224.093 of the statutes is renumbered 224.26.

AB100, s. 3264 Section 3264. Subchapter II (title) of chapter 224 [precedes 224.25] of the statutes is created to read:

AB100,1344,4 CHAPTER 224

AB100,1344,6 subchapter II FINANCIAL INSTITUTIONS

AB100, s. 3265 Section 3265. 224.40 of the statutes is created to read:

AB100,1344,9 224.40 Disclosure of financial records for child support enforcement. (1) Definitions. In this section:

AB100,1344,11 (a) "County child support agency" means a county child support agency under s. 59.53 (5).

AB100,1344,12 (b) "Financial institution" has the meaning given in s. 49.853 (1) (c).

AB100,1344,13 (c) "Financial record" has the meaning given in 12 USC 3401.

AB100,1344,16 (2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of industry, labor and job development in accordance with rules promulgated under s. 49.853 (2).

AB100,1344,18 (3) Limited liability. A financial institution is not liable to any person for any of the following:

AB100,1344,21 (a) Disclosing a financial record of an individual to the county child support agency attempting to establish, modify or enforce a child support obligation of the individual.

AB100,1344,24 (b) Disclosing information to the department of industry, labor and job development or a county child support agency pursuant to the financial record matching program under s. 49.853.

AB100,1345,4 (c) Encumbering or surrendering any assets held by the financial institution in response to instructions provided by the department of industry, labor and job development or a county child support agency for the purpose of enforcing a child support obligation.

AB100,1345,5 (d) Any other action taken in good faith to comply with s. 49.853 or 49.854.

AB100, s. 3266 Section 3266. Subchapter II of chapter 224 [precedes 224.70] of the statutes is renumbered subchapter III of chapter 224 [precedes 224.70].

AB100, s. 3267 Section 3267. 224.72 (2) (c) of the statutes is created to read:

AB100,1345,10 224.72 (2) (c) Social security and federal employer identification numbers. 1. An application shall include the following:

AB100,1345,11 a. In the case of an individual, the individual's social security number.

AB100,1345,13 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB100,1345,15 2. The department may not disclose any information received under subd. 1. to any person except as follows:

AB100,1345,17 a. The department may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1345,20 b. The department may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3268 Section 3268. 224.72 (5) (a) of the statutes is amended to read:

AB100,1345,25 224.72 (5) (a) Loan originator and loan solicitor. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB100, s. 3269 Section 3269. 224.72 (5) (b) 1. of the statutes is amended to read:

AB100,1346,7 224.72 (5) (b) 1. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB100, s. 3270 Section 3270. 224.72 (5) (b) 2. of the statutes is amended to read:

AB100,1346,14 224.72 (5) (b) 2. If Except as provided in sub. (7m), if within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB100, s. 3271 Section 3271. 224.72 (7m) of the statutes is created to read:

AB100,1346,18 224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if any of the following applies:

AB100,1346,20 (a) The applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1.

AB100,1346,25 (b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB100,1347,7 (c) The applicant for the issuance or renewal is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose registration is not issued or renewed under this paragraph for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3272 Section 3272. 224.77 (6) of the statutes is created to read:

AB100,1347,17 224.77 (6) Restriction or suspension for delinquent support. The department shall restrict or suspend the registration of a mortgage banker, loan originator or loan solicitor if the registrant is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A registrant whose registration is restricted or suspended under this subsection is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3273 Section 3273. 224.77 (7) of the statutes is created to read:

AB100,1347,25 224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

AB100, s. 3274 Section 3274. 227.03 (4) of the statutes is amended to read:

AB100,1348,7 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, community supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB100, s. 3275 Section 3275. 227.03 (4m) of the statutes is created to read:

AB100,1348,12 227.03 (4m) Subchapter 111 does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s. 49.857.

AB100, s. 3276 Section 3276. 227.03 (9) of the statutes is created to read:

AB100,1348,16 227.03 (9) Except as provided in s. 73.0301 (2) (b) 2., subch. 111 does not apply to a revocation of a license or a denial of an application for a license or license renewal or continuation under s. 73.0301 (2) (b) 1. a.

AB100, s. 3277 Section 3277. 227.116 (4) (intro.) of the statutes is amended to read:

AB100,1348,23 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the permit information and regulatory assistance bureau business development assistance center within 5 business days of the last day of the time period specified, setting forth all of the following:

AB100, s. 3278 Section 3278. 227.116 (5) of the statutes is amended to read:

AB100,1349,5 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the permit information and regulatory assistance bureau business development assistance center.

AB100, s. 3279 Section 3279. 227.43 (1m) of the statutes is created to read:

AB100,1349,12 227.43 (1m) Upon the request of an agency that is not prohibited from contracting with a 3rd party for contested case hearing services, the administrator of the division of hearings and appeals in the department of administration may contract with the agency to provide the contested case hearing services and may assign a hearing examiner to preside over any hearing performed under such a contract.

AB100, s. 3280 Section 3280. 227.43 (3) (e) of the statutes is created to read:

AB100,1349,15 227.43 (3) (e) The administrator of the division of hearings and appeals may set the fees to be charged for any services contracted for under sub. (1m).

AB100, s. 3281 Section 3281. 227.43 (4) (e) of the statutes is created to read:

AB100,1349,20 227.43 (4) (e) The agency contracting out for contested case hearing services under sub. (1m) shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1m), according to the fees set under sub. (3) (e).

AB100, s. 3282 Section 3282. 227.52 of the statutes is amended to read:

AB100,1350,6 227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the division of banking, the office of credit unions, the division of savings and loan institutions, the board of state canvassers and those decisions of the department of industry, labor and job development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB100, s. 3283 Section 3283. 227.53 (1) (b) 4. of the statutes is amended to read:

AB100,1350,11 227.53 (1) (b) 4. The savings and loan review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

AB100, s. 3284 Section 3284. 227.53 (1) (b) 5. of the statutes is amended to read:

AB100,1350,16 227.53 (1) (b) 5. The savings bank review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings bank review board shall be the named respondents.