SB45: Bill Text

SB45,1075,25 (c) The filing is not intended to harass any other party to the proceeding.

SB45,1076,2 (d) The filing is not intended to create a needless increase in the cost of litigation.

SB45,1076,8 (2) No later than 60 days after a complaint is filed under s. 196.26 or 196.30, the commission shall determine whether the complaint has been filed in violation of sub. (1). If, after notice and opportunity for hearing, the commission determines under this subsection that a person has filed a complaint in violation of sub. (1), the commission shall terminate the proceeding on the complaint and proceed under sub. (4).

SB45,1076,12 (3) If, at any time during a proceeding under s. 196.26, 196.28 or 196.30, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of sub. (1), including the filing of a complaint, the commission shall proceed under sub. (4).

SB45,1077,2 (4) If the commission determines that a person has violated sub. (1), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this subsection shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this subsection to the state treasurer for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this subsection that has not been paid as provided in this subsection. The only contestable issue in such an action is whether or not the forfeiture has been paid.

SB45, s. 2336 Section 2336. 196.77 of the statutes is amended to read:

SB45,1077,13 196.77 Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.

SB45, s. 2337 Section 2337. 214.01 (1) (im) of the statutes is amended to read:

SB45,1077,15 214.01 (1) (im) "Division" means the division of savings and loan institutions.

SB45, s. 2338 Section 2338. 214.592 of the statutes is amended to read:

SB45,1077,20 214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

SB45,1077,21 NOTICE OF RELATIONSHIP

SB45,1078,2 This company, .... (insert name and address of savings bank, savings bank holding company or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

SB45,1078,7 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings and loan institutions at .... (insert address).

SB45, s. 2339 Section 2339. 215.01 (6) of the statutes is amended to read:

SB45,1078,9 215.01 (6) "Division" means the division of savings and loan institutions.

SB45, s. 2340 Section 2340. 215.02 (title) of the statutes is amended to read:

SB45,1078,11 215.02 (title) Division of savings and loan institutions.

SB45, s. 2341 Section 2341. 215.141 of the statutes is amended to read:

SB45,1078,17 215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan holding company or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

SB45,1078,18 NOTICE OF RELATIONSHIP

SB45,1078,24 This company, ..... (insert name and address of association, savings and loan holding company or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

SB45,1079,5 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings and loan institutions at .... (insert address).

SB45, s. 2342 Section 2342. 218.015 (7) of the statutes is amended to read:

SB45,1079,12 218.015 (7) In Except as provided in s. 893.83, in addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate.

SB45, s. 2343 Section 2343. 220.04 (9) (a) 2. of the statutes is amended to read:

SB45,1079,16 220.04 (9) (a) 2. "Regulated entity" means a bank, universal bank, trust company bank and any other entity which is described in s. 220.02 (2) or 221.0526 as under the supervision and control of the division.

SB45, s. 2344 Section 2344. 221.0303 (2) of the statutes is amended to read:

SB45,1080,9 221.0303 (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 and by all customers designated by a bank using the terminal. 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.

SB45, s. 2345 Section 2345. 221.0321 (5) of the statutes is amended to read:

SB45,1080,19 221.0321 (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 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.

SB45, s. 2346 Section 2346. Chapter 222 of the statutes is created to read:

SB45,1080,22 CHAPTER 222 UNIVERSAL BANKS

SB45,1080,24 Subchapter I General Provisions

SB45,1081,2 222.0101 Title. This chapter may be cited as the "Wisconsin universal bank law".

SB45,1081,3 222.0102 Definitions. In this chapter:

SB45,1081,4 (1) "Adequately capitalized" has the meaning given in 12 USC 1831o (b) (1) (B).

SB45,1081,7 (2) "Capital" of a universal bank means the sum of the following, less the amount of intangible assets that is not considered to be qualifying capital by a deposit insurance corporation or the division:

SB45,1081,12 (a) For a universal bank organized as a stock organization, the universal bank's capital stock, preferred stock, undivided profits, surplus, outstanding notes and debentures approved by the division, other forms of capital designated as capital by the division and other forms of capital considered to be qualifying capital of the universal bank by a deposit insurance corporation.

SB45,1081,17 (b) For a universal bank organized as a mutual organization, the universal bank's net worth, undivided profits, surplus, outstanding notes and debentures approved by the division, other forms of capital designated as capital by the division and other forms of capital considered to be qualifying capital by a deposit insurance corporation.

SB45,1081,21 (3) "Deposit insurance corporation" means the Federal Deposit Insurance Corporation or other instrumentality of, or corporation chartered by, the United States that insures deposits of financial institutions and that is supported by the full faith and credit of the U.S. government as stated in a congressional resolution.

SB45,1081,22 (4) "Division" means the division of banking.

SB45,1081,25 (5) "Financial institution" means a state savings bank organized under ch. 214, state savings and loan association organized under ch. 215 or a state bank chartered under ch. 221.

SB45,1082,2 (6) "Universal bank" means a financial institution that has been issued a certificate of authority under s. 222.0205.

SB45,1082,3 (7) "Well-capitalized" has the meaning given in 12 USC 1831o (b) (1) (A).

SB45,1082,8 222.0103 Applicability. (1) Savings banks. A universal bank that is a savings bank organized under ch. 214 remains subject to all of the requirements, duties and liabilities, and may exercise all of the powers, of a savings bank, except that in the event of a conflict between this chapter and those requirements, duties, liabilities or powers, this chapter shall control.

SB45,1082,13 (2) Savings and loan associations. A universal bank that is a savings and loan association organized under ch. 215 remains subject to all of the requirements, duties and liabilities, and may exercise all of the powers, of a savings and loan association, except that, in the event of a conflict between this chapter and those requirements, duties, liabilities or powers, this chapter shall control.

SB45,1082,17 (3) Banks. A universal bank that is a bank chartered under ch. 221 remains subject to all of the requirements, duties and liabilities, and may exercise all of the powers, of a bank, except that, in the event of a conflict between this chapter and these requirements, duties, liabilities or powers, this chapter shall control.

SB45,1082,20 222.0105 Fees. The division may establish such fees as it determines are appropriate for documents filed with the division under this chapter and for services provided by the division under this chapter.

SB45,1082,22 222.0107 Administration. (1) Powers of division. The division shall administer this chapter for all universal banks.

SB45,1083,2 (2) Rule-making authority. The division may promulgate rules to administer and carry out this chapter. The division may establish additional limits or requirements on universal banks, if the division determines that the limits or requirements are necessary for the protection of depositors, members, investors or the public.

SB45,1083,4 SUBCHAPTER II Certification

SB45,1083,9 222.0201 Procedure. (1) Application. A financial institution may apply to become certified as a universal bank by filing a written application with the division. The application shall include such information as the division may require. The application shall be on such forms and in accordance with such procedures as the division may prescribe.

SB45,1083,13 (2) Review by division. An application submitted to the division shall either be approved or disapproved by the division in writing within 60 days after its submission to the division. The division and the financial institution may mutually agree to extend the application period for an additional period of 60 days.

SB45,1083,16 222.0203 Eligibility. (1) Requirements. The division shall approve an application for certification as a universal bank, if the applying financial institution meets all of the following requirements:

SB45,1083,19 (a) The financial institution is chartered or organized, and regulated, under ch. 214, 215 or 221 and has been in existence and continuous operation for a minimum of 3 years prior to the date of the application.

SB45,1083,20 (b) The financial institution is well-capitalized or adequately capitalized.

SB45,1083,25 (c) The financial institution does not exhibit a combination of financial, managerial, operational and compliance weaknesses that is moderately severe or unsatisfactory, as determined by the division based upon the division's assessment of the financial institution's capital adequacy, asset quality, management capability, earnings quantity and quality, adequacy of liquidity, and sensitivity to market risk.

SB45,1084,4 (d) During the 12-month period prior to the application, the financial institution has not been the subject of an enforcement action and there is no enforcement action pending against the financial institution by any state or federal financial institution regulatory agency, including the division.

SB45,1084,7 (2) Failure to maintain compliance. For any period during which a universal bank fails to meet the requirements under sub. (1), the division may by order limit or restrict the exercise of the powers of the universal bank under this chapter.

SB45,1084,11 222.0205 Certificate of authority. Upon approval of the application under s. 222.0201 for certification as a universal bank, the division shall issue to the applicant a certificate of authority stating that the financial institution is certified as a universal bank under this chapter.

SB45,1084,18 222.0207 Decertification. A financial institution that is certified as a universal bank under this chapter may elect to terminate its certification upon 60 days' prior written notice to the division and written approval of the division. The financial institution shall, as a condition to the termination, terminate its exercise of all powers granted under this chapter prior to the termination of the certification. Written approval of the termination by the division is void if the financial institution fails to satisfy the precondition to termination under this section.

SB45,1084,20 SUBCHAPTER III ORGANIZATION

SB45,1084,25 222.0301 Articles of incorporation and bylaws. A universal bank shall continue to operate under its articles of incorporation and bylaws as in effect prior to certification as a universal bank or as such articles or bylaws may be subsequently amended in accordance with the provisions of the chapter under which the universal bank was organized or chartered.

SB45,1085,7 222.0303 Name. (1) Use of "bank". Notwithstanding ss. 214.035, 215.40 (1) and 215.60 (1) and subject to subs. (2) and (4), a universal bank may use the word "bank" in its name, without having to include the word "savings". Notwithstanding ss. 215.40 (1) and 215.60 (1) and subject to subs. (2) and (4), a universal bank that is organized under ch. 215 and that uses the word "bank" in its name in accordance with this section need not include the words "savings and loan association" or "savings association" in its name.

SB45,1085,10 (2) Distinguishability. Except as provided in subs. (3) and (4), the name of the universal bank shall be distinguishable upon the records of the division from all of the following names:

SB45,1085,12 (a) The name of any other financial institution organized under the laws of this state.

SB45,1085,14 (b) The name of a national bank or foreign bank authorized to transact business in this state.

SB45,1085,18 (3) Exceptions. A universal bank may apply to the division for authority to use a name that does not meet the requirement under sub. (2). The division may authorize the use of the name if any of the conditions under s. 221.0403 (2) (a) or (b) is met.

SB45,1085,21 (4) Use of same name. A universal bank may use a name that is used in this state by another financial institution or by an institution authorized to transact business in this state, if the universal bank has done any of the following:

SB45,1085,22 (a) Merged with the other institution.

SB45,1085,23 (b) Been formed by reorganization of the other institution.

SB45,1085,25 (c) Acquired all or substantially all of the assets, including the name, of the other institution.

SB45,1086,3 222.0305 Capital and assets. (1) Capital requirements. Notwithstanding subch. VI of ch. 214 and ss. 215.24 and 221.0205, the division shall determine the minimum capital requirements of universal banks.

SB45,1086,5 (2) Certain asset requirements. Section 214.045 does not apply to universal banks.

SB45,1086,12 222.0307 Acquisitions, mergers and asset purchases. (1) In general. A universal bank may, with the approval of the division, purchase the assets of, merge with, acquire or be acquired by any other financial institution, universal bank, national bank, federally chartered savings bank or savings and loan association, or by a holding company of any of these entities. Notwithstanding subch. III of ch. 214 and ss. 214.09 and 215.36, the approval of the division of savings institutions is not required.

SB45,1086,16 (2) Applications for approval. An application for approval under sub. (1) shall be submitted on a form prescribed by the division and accompanied by a fee determined by the division. In processing and acting on applications under this section the division shall apply the following standards:

SB45,1086,18 (a) For universal banks organized under ch. 214, ss. 214.09, 214.62 to 214.64 and 214.665 and subch. III of ch. 214.

SB45,1086,20 (b) For universal banks organized under ch. 215, ss. 215.35, 215.36, 215.53 and 215.73.

SB45,1086,21 (c) For universal banks chartered under ch. 221, subchs. VII and IX of ch. 221.

SB45,1086,23 SUBCHAPTER IV POWERS

SB45,1087,3 222.0401 Federal financial institution powers. (1) In general. Subject to the limitations in this section, universal banks may exercise all powers that may be exercised, directly or indirectly through a subsidiary, by a federally chartered savings bank, a federally chartered savings and loan association, a federally chartered national bank or by an affiliate of such an institution.

SB45,1087,6 (2) Required notification for exercise of a federal power. A universal bank shall give 60 days' prior written notice to the division of the universal bank's intention to exercise a power under this section.

SB45,1087,10 (3) Exercise of federal powers through a subsidiary. The division may require that certain powers exercisable by universal banks under this section be exercised through a subsidiary of the universal bank with appropriate safeguards to limit the risk exposure of the universal bank.

SB45,1087,13 222.0403 Loan powers. (1) Permitted purposes. A universal bank may make, sell, purchase, arrange, participate in, invest in or otherwise deal in loans or extensions of credit for any purpose.

SB45,1087,19 (2) In general. Except as provided in subs. (3) to (8), the total liabilities of any person, other than a municipal corporation, to a universal bank for a loan or extension of credit may not exceed 20% of the capital of the universal bank at any time. In determining compliance with this section, liabilities of a partnership includes the liabilities of the general partners, computed individually as to each general partner on the basis of his or her direct liability.

SB45,1087,22 (3) Certain secured liabilities. The percentage limitation under sub. (2) is 50% of the universal bank's capital, if the liabilities under sub. (2) are limited to the following types of liabilities:

SB45,1088,2 (a) Warehouse receipts. A liability secured by warehouse receipts issued by warehouse keepers who are licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal Bonded Warehouse Act or who hold a registration certificate under ch. 127, if all of the following requirements are met:

SB45,1088,3 1. The receipts cover readily marketable nonperishable staples.