Note: Inserts correct cross-reference. Chapter 221 was repealed and recreated by
1995 Wis. Act 336. The definition of "bank supervisory agency" now appears at s.
221.0901 (2) (d).
AB378,135,73
221.0216
(4) Liability of holders of preferred stock. Preferred stock of a
4bank is not subject to
a an assessment to restore an impairment in the capital of the
5bank. A holder of preferred stock of a bank is not individually responsible, in the
6shareholder's capacity as a shareholder, for any debt, contract or acknowledgment
7of a bank.
Note: Inserts correct word.
AB378,135,1810
221.0321
(5) Certain secured loans. A bank may make loans secured by
11assignment or transfer of stock certificates or other evidence of the borrower's
12ownership interest in a corporation formed for the cooperative ownership of real
13estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage
14involving a one-family residence, apply to a proceeding to enforce the lender's rights
15in security given for a loan under this subsection. The division shall promulgate joint
16rules with the
division office of credit unions and the division of savings and loan that
17establish procedures for enforcing a lender's rights in security given for a loan under
18this subsection.
Note: Inserts correct word.
AB378,136,2
1221.0402
(2) (b) Mortgage bankers registered under s.
440.72 224.72 may use
2the designation "mortgage banker".
Note: Inserts correct cross-reference. Section 440.72 was renumbered to s. 224.72
by
1995 Wis. Act 27.
AB378,136,16
5221.0802 Banks may be placed in hands of division. A bank doing
6business under this chapter may place its affairs and assets under the control of the
7division by posting a notice on its front door, as follows: "This bank is in the hands
8of the Division of Banking of the Department of Financial Institutions". Immediately
9upon posting such notice, the bank shall notify the division of this action. The posting
10of the notice, or the taking possession of a bank by the division, places the bank's
11assets and property in the possession of the division, and bars any attachment
12proceedings. For each day the division is placed in possession of the bank, and until
13such time as a special deputy is appointed under s. 220.08 (4), the bank shall pay to
14the division the actual cost of such liquidation proceedings. The division shall pay
15the amounts to the state treasurer and the percentage specified in s.
20.124 20.144 16(1) (g) shall be credited to the appropriation account under s.
20.124 20.144 (1) (g).
Note: Inserts correct cross-reference. Section 20.124, the appropriation for the
office of the commissioner of banking, was repealed by
1995 Wis. Act 27. The office of the
commissioner of banking was replaced by the department of financial institutions, the
appropriation for which appears at s. 20.144. The percentage and appropriation now
appear at s. 20.144 (1) (g).
Note: There is no conflict of substance.
AB378,137,10
1223.105
(4) Notice of fiduciary operation. Except for those organizations
2licensed under ch. 221 or this chapter, any organization engaged in fiduciary
3operations as defined in this section shall, as required by rule, notify the division of
4banking, the office of credit unions or the
division of savings and loan of that fact,
5directing the notice to the agency then exercising regulatory authority over the
6organization or, if there is none, to the division of banking. Any organization which
7intends to engage in fiduciary operations shall, prior to engaging in such operations,
8notify the appropriate agency of this intention. The notifications required under this
9subsection shall be on forms and contain information required by the rules
10promulgated by the division of banking.
Note: Inserts missing word.
AB378,138,913
223.12
(2) Service of process. Any foreign corporation acting in this state in
14a fiduciary capacity is considered to have appointed the division of banking to be its
15true and lawful attorney upon whom may be served all legal process in any action
16or proceeding against it relating to or growing out of any trust, estate or matter in
17respect of which the foreign corporation has acted or is acting in this state in any such
18fiduciary capacity. Engagement in this state in any acts in a fiduciary capacity
19signifies agreement that any process against the foreign corporation which is served
20under this subsection shall be of the same legal force and validity as though served
21upon the foreign corporation personally. Service of process under this subsection
22shall be made by delivering to the division of banking a copy of the process, together
23with any fee for service of process required by the
commissioner division. Service of
24process is sufficient if notice of such service and a copy of the process are, within 10
1days after delivery to the division of banking, sent by registered mail by the plaintiff
2to the defendant at its principal office in such other state or territory and the
3plaintiff's affidavit of compliance with this requirement is appended to the
4summons. The court in which the action is pending may order such continuances as
5may be necessary to afford the defendant reasonable opportunity to defend the
6action. The fee paid by the plaintiff to the division at the time of the service may be
7recovered as taxable costs by the plaintiff if the plaintiff prevails in the action. The
8division shall keep a record of all processes served upon the division under this
9subsection and shall record the time of the service.
Note: 1995 Wis. Act 273 inserted "division" without showing it underscored and
deleted "commissioner" without showing it stricken. The change was intended.
AB378,138,1412
223.12
(4) (c) Each foreign corporation making application for a certificate of
13authority shall pay reasonable fees to the
office of the division of banking as
14determined by the division for the services of that division.
Note: 1995 Wis. Act 273 deleted "office of the" without showing it stricken. The
change was intended.
AB378,138,2217
224.72
(5) (b) 1. Upon receiving a properly completed application for
18registration as a mortgage banker, the fee specified
in sub. (8) (b) and, except as
19provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the
20department shall issue to the applicant a temporary certificate of registration as a
21mortgage banker. A temporary certificate of registration is valid for 6 months after
22the date of issuance.
Note: 1995 Wis. Act 465 deleted "in" without showing it as stricken. No change
was intended.
AB378,139,233
226.14
(1) No common law trust organized in this state, and no such trust
4formed or organized under or by authority of the laws of any state or foreign
5jurisdiction, for the purpose of doing business under a declaration of trust which
6shall have issued to
five 5 or more persons, or which shall sell or propose to sell
7beneficial interests, certificates or memberships therein, shall transact business, or
8acquire, hold or dispose of property in this state until the trustees named in said
9declaration of trust shall have caused to be filed with the department of financial
10institutions the original declaration of trust, or a true copy thereof, and all
11amendments which may be made, verified as such by the affidavits of
two 2 of the
12signers thereof. A like verified copy of the declaration and such amendments, and
13a certificate of the department of financial institutions, showing the date when such
14declaration was filed and accepted by the department of financial institutions
, 15within
thirty 30 days of such filing and acceptance, shall be recorded with the
16register of deeds of the county in which such trust has its principal office or place of
17business in this state. No such trust shall transact business in this state until such
18declaration or such copy thereof be left for record. The register of deeds shall
19forthwith transmit to the department of financial institutions a certificate stating
20the time when such copy was recorded and shall be entitled to a fee of
twenty-five 2125 cents therefor, to be paid by the person presenting such papers for record. Upon
22receipt of such certificate the department of financial institutions shall issue to said
23trustees a certificate of filing.
Note: Corrects error in transcribing
1991 Wis. Act 316 and replaces word form of
number with digits for conformity with current style.
AB378,140,75
233.04
(7s) Prior to the initial 5-year review by the joint committee on finance
6under s. 13.094, notify the legislative audit bureau and cooperate with the
legislative
7audit bureau in its performance of the audit required under s. 13.94 (1) (o).
Note: The underscored language was added by
1995 Wis. Act 216 without being
shown as underscored. The change was intended.
AB378,140,1210
234.15
(3) (a) 1. All interest payable during
the fiscal year on all bonds secured
11in whole or in part by the capital reserve fund outstanding on the date of
12computation.
Note: "[T]he" is added to improve grammar.
Note: There is no conflict of substance.
AB378,141,517
234.54
(3) (b) The annual debt service calculation made under par. (a) shall be
18calculated on the assumption that the bonds will after the date of computation cease
19to be outstanding by reason, but only by reason, of the payment of bonds when due,
20and the payment when due and application in accordance with the resolution
1authorizing those bonds, of all of the sinking fund payments payable at or after the
2date of computation. However, in computing the annual debt service for any calendar
3year, bonds considered to have been paid in accordance with the defeasance
4provisions of the resolution of the authority authorizing the issuance thereof
shall 5may not be included in bonds outstanding on the date of computation.
Note: 1995 Wis. Act 225 deleted "may" without showing it as stricken and inserted
"shall" without showing it as underscored. No change was intended.
AB378, s. 383
6Section
383. 243.10 (9) (i) of the statutes is amended to read:
AB378,141,107
243.10
(9) (i) Prepare, sign, file and deliver reports, compilations of
8information, returns or other papers with respect to a business which are required
9by a governmental agency or instrumentality or which the agent considers desirable,
10and make related payments
.
Note: Inserts missing period.
AB378,141,1813
252.14
(1) (d) "Inpatient health care facility" means a hospital, nursing home,
14community-based residential facility, county home, county mental health complex,
15tuberculosis sanatorium or other place licensed or approved by the department
16under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and
17252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06
, 233.40, 233.41, 233.42 or
18252.10
or ch. 142.
Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective
6-29-96.
AB378,142,3
1281.13
(1) (a) (intro.)
Act
The department is authorized to act with the U.S.
2geological survey in determining the sanitary and other conditions and nature of the
3natural water sources in this state, for the following purposes:
Note: The underscored language was deleted in an early draft of
1995 Wis. Act 378 and replaced with a section "(intro.)". The section "(intro.)" was dropped but this
provision was not changed accordingly, leaving it incomplete.
Note: There is no conflict of substance. This provision was renumbered to s. 281.17
(3) by
1995 Wis. Act 227.
AB378,142,169
281.43
(2) (a) 3. If the service rendered does not come under the provisions of
10a) or b) subd. 1. or 2., the charges for the service shall be placed upon the tax roll of
11the member governmental unit as a special tax upon each parcel of real estate
12benefited; and when collected it shall be paid to the treasurer of the member
13governmental unit rendering the service. Where the charges are to be extended on
14the tax roll under the provisions of this subdivision, the clerk of the member
15governmental unit furnishing the service shall itemize the statement showing
16separately the amount charged to each parcel of real estate benefited.
Note: 1995 Wis. Act 225 deleted "a) or b)" without showing it as stricken. The
change was intended.
Note: There is no conflict of substance. This provision was renumbered to s. 281.53
(1) by
1995 Wisconsin Act 227.
Note: Alphabetizes definitions consistent with current style.
AB378,143,85
285.60
(2) (a)
Operation permit requirement. Except as provided in sub. (6) or
6s. 285.62 (8), no person may operate an existing source after the operation permit
7requirement date specified under s. 285.62 (11) (a) unless the person has an
8operation permit under s.
144.3925 285.62 from the department.
Note: There is no conflict of substance.
1995 Wis. Act 227 stated that the
treatment of this provision by that act was as affected by
1995 Wis. Act 27, but it was not.
This provision was renumbered to s. 285.62 (8) by Act 227.
Note: There is no conflict of substance.
1995 Wis. Act 227 stated that the
treatment of this provision by that act was as affected by
1995 Wis. Act 27, but it was not.
This provision was renumbered to s. 285.69 (2) (b) by Act 227.
Note: There is no conflict of substance. This provision is renumbered to s. 287.01
(9) by 1995 Wis. act 227.
AB378, s. 394
18Section
394. 289.24 (4) (title) of the statutes is created to read:
AB378,144,1
1289.24
(4) (title)
Distribution.
Note: The other subsections of s. 289.24 have titles.
AB378,144,204
289.33
(3) (d) "Local approval" includes any requirement for a permit, license,
5authorization, approval, variance or exception or any restriction, condition of
6approval or other restriction, regulation, requirement or prohibition imposed by a
7charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
8a town, city, village, county or special purpose district, including without limitation
9because of enumeration any ordinance, resolution or regulation adopted under s.
1059.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9),
11(11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27),
1259.53 (1), (2), (3), (4), (5), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (19), (20)
,(51), (52) 13and
(53) (23) , 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
14(11), (12), (16), (17), (18), (19), (20), (21), (22),
(23), (24), (25)
, and (26),
(28), (30), (31),
15(32) and (33) 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12),
16(12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696,
1759.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79
18(1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23,
1960.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052,
2066.24 (8), 87.30, 91.73, 196.58, 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
Note: 1995 Wis. Act 201 renumbered the provisions of ch. 59. The cross-references
in this provision were amended according to the original draft of Act 201, but not all
subsequent changes were accounted for.
Note: There is no conflict of substance. This provision was renumbered to s. 289.41
(1m) (b) 1 by Act 227.
Note: There is no conflict of substance. This provision was renumbered to s. 289.43
(7) (c) by Act 227.
AB378,145,129
292.11
(9) (d) 1. d. "Registered" means registered under the federal insecticide,
10fungicide, and rodenticide act, as amended (
7 USC 136 et
. seq.), and regulations
11issued under that act or registered under the rules of the department of agriculture,
12trade and consumer protection.
Note: Deletes unnecessary period.
Note: There is no conflict of substance. This provision was renumbered to s. 295.13
(1) by
1995 Wis. Act 227.
Note: There is no conflict of substance. This provision was renumbered to s. 295.13
(2) by
1995 Wis. Act 227.
AB378,146,17
3299.95 Enforcement; duty of department of justice; expenses. The
4attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
5ss.
, and 144.783 281.48, 285.57
and, 285.59
and 299.64, and all rules, special orders,
6licenses, plan approvals and permits of the department, except those promulgated
7or issued under ss.
, and 144.783 281.48, 285.57
and, 285.59
and 299.64. The circuit
8court for Dane county or for any other county where a violation occurred in whole or
9in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
10the rule, special order, license, plan approval or permit by injunctional and other
11relief appropriate for enforcement. For purposes of this proceeding where chs. 281
12to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
13or permit prohibits in whole or in part any pollution, a violation is
deemed considered 14a public nuisance. The department of natural resources may enter into agreements
15with the department of justice to assist with the administration of
chs. 281 to 285 and
16289 to 295 and this chapter. Any funds paid to the department of justice under these
17agreements shall be credited to the appropriation account under s. 20.455 (1) (k).