SB55-ASA1-AA1,1090,25
24(7) Certain investments. A universal bank may invest without limitation in
25any of the following:
SB55-ASA1-AA1,1091,3
1(a)
Business development corporations. Stocks or obligations of a corporation
2organized for business development by this state or by the United States or by an
3agency of this state or the United States.
SB55-ASA1-AA1,1091,54
(b)
Urban renewal investment corporations. Obligations of an urban renewal
5investment corporation organized under the laws of this state or of the United States.
SB55-ASA1-AA1,1091,106
(c)
Certain bank insurance companies. An equity interest in an insurance
7company or an insurance holding company organized to provide insurance for
8universal banks and for persons affiliated with universal banks, solely to the extent
9that this ownership is a prerequisite to obtaining directors' and officers' insurance
10or blanket bond insurance for the universal bank through the company.
SB55-ASA1-AA1,1091,1411
(d)
Certain remote service unit corporations. Shares of stock, whether
12purchased or otherwise acquired, in a corporation acquiring, placing, and operating
13remote service units under s. 214.04 (21) or 215.13 (46) or bank communications
14terminals under s. 221.0303 (2).
SB55-ASA1-AA1,1091,1615
(e)
Service corporations. Equity or debt securities or instruments of a service
16corporation subsidiary of the universal bank.
SB55-ASA1-AA1,1091,1717
(f)
Federal funds. Advances of federal funds.
SB55-ASA1-AA1,1091,2118
(g)
Certain risk management financial products. With the prior written
19approval of the division, financial futures transactions, financial options
20transactions, forward commitments, or other financial products for the purpose of
21reducing, hedging, or otherwise managing its interest rate risk exposure.
SB55-ASA1-AA1,1091,2322
(h)
Certain fiduciaries. A subsidiary organized to exercise corporate fiduciary
23powers under ch. 112.
SB55-ASA1-AA1,1092,224
(i)
Agricultural credit corporations. An agricultural credit corporation. Unless
25a universal bank owns at least 80% of the stock of the agricultural credit corporation,
1a universal bank may not invest more than 20% of the universal bank's capital in the
2agricultural credit corporation.
SB55-ASA1-AA1,1092,53
(j)
Deposit accounts and insured obligations. Deposit accounts or insured
4obligations of any financial institution, the accounts of which are insured by a deposit
5insurance corporation.
SB55-ASA1-AA1,1092,116
(k)
Certain federal obligations. Obligations of, or obligations that are fully
7guaranteed by, the United States and stocks or obligations of any federal reserve
8bank, federal home loan bank, the Student Loan Marketing Association, the
9Government National Mortgage Association, the Federal National Mortgage
10Association, the Federal Home Loan Mortgage Corporation, or the Federal Deposit
11Insurance Corporation.
SB55-ASA1-AA1,1092,1212
(L)
Other investments. Any other investment authorized by the division.
SB55-ASA1-AA1,1092,15
13(8) Investments in other financial institutions. In addition to the authority
14granted under ss. 222.0307 and 222.0409, and subject to the limitations of sub. (2),
15a universal bank may invest in other financial institutions.
SB55-ASA1-AA1,1092,19
16(9) Investments through subsidiaries. A universal bank may make
17investments under this section, directly or indirectly through a subsidiary, unless
18the division determines that an investment shall be made through a subsidiary with
19appropriate safeguards to limit the risk exposure of the universal bank.
SB55-ASA1-AA1,1092,22
20222.0407 Universal bank purchase of its own stock. (1) In general. A
21universal bank may hold or purchase not more than 10% of its capital stock, notes,
22or debentures, except as provided in sub. (2) or (3).
SB55-ASA1-AA1,1092,24
23(2) Division approval. A universal bank may hold or purchase more than 10%
24of its capital stock, notes, or debentures, if approved by the division.
SB55-ASA1-AA1,1093,12
1(3) Additional authority. A universal bank may hold or purchase more than
210% of its capital stock, notes, or debentures if the purchase is necessary to prevent
3loss upon a debt previously contracted in good faith. Stock, notes, or debentures held
4or purchased under this subsection may not be held by the universal bank for more
5than 6 months if the stock, notes, or debentures can be sold for the amount of the
6claim of the universal bank against the holder of the debt previously contracted. The
7universal bank shall either sell the stock, notes, or debentures within 12 months of
8acquisition under this subsection or shall cancel the stock, notes, or debentures.
9Cancellation of the stock, notes, or debentures reduces the amount of the universal
10bank's capital stock, notes, or debentures. If the reduction reduces the universal
11bank's capital below the minimum level required by the division, the universal bank
12shall increase its capital to the amount required by the division.
SB55-ASA1-AA1,1093,18
13(4) Loans secured by capital, surplus, or deposits. A universal bank may not
14loan any part of its capital, surplus, or deposits on its own capital stock, notes, or
15debentures as collateral security, except that a universal bank may make a loan
16secured by its own capital stock, notes, or debentures to the same extent that the
17universal bank may make a loan secured by the capital stock, notes, and debentures
18of a holding company for the universal bank.
SB55-ASA1-AA1,1093,23
19222.0409 Stock in bank-owned banks. With the approval of the division,
20a universal bank may acquire and hold stock in one or more banks chartered under
21s. 221.1202 or national banks chartered under
12 USC 27 (b) or in one or more
22holding companies wholly owning such a bank. Aggregate investments under this
23section may not exceed 10% of the universal bank's capital.
SB55-ASA1-AA1,1094,3
24222.0411 General deposit powers. (1) In general. A universal bank may
25set eligibility requirements for, and establish the types and terms of, deposits that
1the universal bank solicits and accepts. The terms set under this subsection may
2include minimum and maximum amounts that the universal bank may accept and
3the frequency and computation method of paying interest.
SB55-ASA1-AA1,1094,6
4(2) Pledge of security for deposits. Subject to the limitations of s. 221.0324
5that are applicable to banks, a universal bank may pledge its assets as security for
6deposits.
SB55-ASA1-AA1,1094,9
7(3) Securitization of assets. With the approval of the division, a universal
8bank may securitize its assets for sale to the public. The division may establish
9procedures governing the exercise of authority granted under this subsection.
SB55-ASA1-AA1,1094,23
10(4) Safe deposit powers. A universal bank may take and receive, from any
11individual or corporation for safekeeping and storage, gold and silver plate, jewelry,
12money, stocks, securities, and other valuables or personal property, and may rent out
13the use of safes or other receptacles upon its premises for such compensation as may
14be agreed upon. A universal bank has a lien for its charges on any property taken
15or received by it for safekeeping. If the lien is not paid within 2 years from the date
16the lien accrues, or if property is not called for by the person depositing the property,
17or by his or her representative or assignee, within 2 years from the date the lien
18accrues, the universal bank may sell the property at public auction. A universal bank
19shall provide the same notice for a sale under this subsection that is required by law
20for sales of personal property on execution. After retaining from the proceeds of the
21sale all of the liens and charges due the bank and the reasonable expenses of the sale,
22the universal bank shall pay the balance to the person depositing the property, or to
23his or her representative or assignee.
SB55-ASA1-AA1,1095,4
24222.0413 Necessary or convenient powers, reasonably related or
25incidental activities, and other approved activities. (1) Necessary or
1convenient powers. Unless otherwise prohibited or limited by this chapter, a
2universal bank may exercise all powers necessary or convenient to effect the
3purposes for which the universal bank is organized or to further the businesses in
4which the universal bank is lawfully engaged.
SB55-ASA1-AA1,1095,14
5(2) Reasonably related and incidental activities. (a)
Subject to any
6applicable state or federal regulatory or licensing requirements, a universal bank
7may engage, directly or indirectly through a subsidiary, in activities reasonably
8related or incident to the purposes of the universal bank. Activities reasonably
9related or incident to the purposes of the universal bank are those activities that are
10part of the business of financial institutions, or closely related to the business of
11financial institutions, or convenient and useful to the business of financial
12institutions, or reasonably related or incident to the operation of financial
13institutions, or financial in nature. Activities that are reasonably related or incident
14to the purposes of a universal bank include the following:
SB55-ASA1-AA1,1095,1515
1. Business and professional services.
SB55-ASA1-AA1,1095,1616
2. Data processing.
SB55-ASA1-AA1,1095,1717
3. Courier and messenger services.
SB55-ASA1-AA1,1095,1818
4. Credit-related activities.
SB55-ASA1-AA1,1095,1919
5. Consumer services.
SB55-ASA1-AA1,1095,2020
6. Real estate-related services, including real estate brokerage services.
SB55-ASA1-AA1,1095,2121
7. Insurance and related services, other than insurance underwriting.
SB55-ASA1-AA1,1095,2222
8. Securities brokerage.
SB55-ASA1-AA1,1095,2323
9. Investment advice.
SB55-ASA1-AA1,1095,2424
10. Securities and bond underwriting.
SB55-ASA1-AA1,1095,2525
11. Mutual fund activities.
SB55-ASA1-AA1,1096,1
112. Financial consulting.
SB55-ASA1-AA1,1096,22
13. Tax planning and preparation.
SB55-ASA1-AA1,1096,33
14. Community development and charitable activities.
SB55-ASA1-AA1,1096,44
15. Debt cancellation contracts.
SB55-ASA1-AA1,1096,65
16. Any activities that are reasonably related or incident to activities under
6subds. 1. to 15., as determined by rule of the division under par. (b).
SB55-ASA1-AA1,1096,167
(b) An activity that is authorized by statute or regulation for financial
8institutions to engage in as of the effective date of this paragraph .... [revisor inserts
9date], is an activity that is reasonably related to or incident to the purposes of a
10universal bank. An activity permitted under the Bank Holding Company Act is an
11activity that is reasonably related to or incident to the purposes of a universal bank.
12The division may, by rule, expand the list of activities under par. (a) 1. to 15. that are
13reasonably related or incident to the purposes of a universal bank and, by rule, may
14establish which activities under par. (a) 16. are reasonably related or incident to the
15activities under par. (a) 1. to 15. Any activity approved by rule of the division under
16this paragraph shall be authorized for all universal banks.
SB55-ASA1-AA1,1096,19
17(3) Notice requirement. A universal bank shall give 60 days' prior written
18notice to the division of the universal bank's intention to engage in an activity under
19this section.
SB55-ASA1-AA1,1097,2
20(4) Standards for denial. The division may deny the authority of a universal
21bank to engage in an activity under this section, other than those activities described
22in sub. (2) (a) 1. to 15., if the division determines that the activity is not an activity
23reasonably related or incident to the purposes of a universal bank. The division may
24deny the authority of a universal bank to engage in an activity under this section if
25the division determines that the universal bank is not well-capitalized, that the
1universal bank is the subject of an enforcement action, or that the universal bank
2does not have satisfactory management expertise for the proposed activity.
SB55-ASA1-AA1,1097,6
3(5) Insurance intermediation. A universal bank, or an officer or salaried
4employee of a universal bank, may obtain a license as an insurance intermediary, if
5otherwise qualified. A universal bank may not, directly or indirectly through a
6subsidiary, engage in the business of underwriting insurance.
SB55-ASA1-AA1,1097,8
7(6) Other activities approved by the division. A universal bank may engage
8in any other activity that is approved by rule of the division.
SB55-ASA1-AA1,1097,12
9(7) Activities provided through a subsidiary. A universal bank may engage
10in an activity under this section, directly or indirectly through a subsidiary, unless
11the division determines that the activity must be conducted through a subsidiary
12with appropriate safeguards to limit the risk exposure of the universal bank.
SB55-ASA1-AA1,1097,18
13(8) Limitations on investments through subsidiaries. The amount of the
14investment in any one subsidiary that engages in an activity under this section may
15not exceed 20% of capital or, if approved by the division, a higher percentage
16authorized by the division. The aggregate investment in all subsidiaries that engage
17in an activity under this subsection may not exceed 50% of capital or, if approved by
18the division, a higher percentage authorized by the division.
SB55-ASA1-AA1,1097,21
19(9) Ownership of subsidiaries. A subsidiary that engages in an activity under
20this section may be owned jointly, with one or more other financial institutions,
21individuals, or entities.
SB55-ASA1-AA1,1097,23
22222.0415 Trust powers. Subject to rules of the division, a universal bank may
23exercise trust powers in accordance with s. 221.0316.".
SB55-ASA1-AA1,1098,94
227.42
(5) Except as provided under s. 289.27 (1), this section does not apply
5to any part of the process for approving a feasibility report, plan of operation or
6license under subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31, any decision
7by the department of
natural resources environmental management relating to the
8environmental impact of a proposed action under ch. 289 or 291 or ss. 292.31 and
9292.35, or any part of the process of negotiation and arbitration under s. 289.33.
SB55-ASA1-AA1,1098,1411
227.43
(1) (b) Assign a hearing examiner to preside over any hearing of a
12contested case which is required to be conducted by the department of
natural
13resources fish, wildlife, parks, and forestry and which is not conducted by the
14secretary of
natural resources fish, wildlife, parks, and forestry.
SB55-ASA1-AA1,1098,1916
227.43
(1) (bd) Assign a hearing examiner to preside over any hearing of a
17contested case which is required to be conducted by the department of environmental
18management and which is not conducted by the secretary of environmental
19management.
SB55-ASA1-AA1,1099,221
227.43
(2) (a) The department of
natural resources fish, wildlife, parks, and
22forestry shall notify the division of hearings and appeals of every pending hearing
23to which the administrator of the division is required to assign a hearing examiner
1under sub. (1) (b) after the department of
natural resources fish, wildlife, parks, and
2forestry is notified that a hearing on the matter is required.
SB55-ASA1-AA1,1099,84
227.43
(2) (am) The department of environmental management shall notify the
5division of hearings and appeals of every pending hearing to which the administrator
6of the division is required to assign a hearing examiner under sub. (1) (bd) after the
7department of environmental management is notified that a hearing on the matter
8is required.
SB55-ASA1-AA1,1099,1410
227.43
(3) (a) The administrator of the division of hearings and appeals may
11set the fees to be charged for any services rendered to the department of
natural
12resources fish, wildlife, parks, and forestry by a hearing examiner under this section.
13The fee shall cover the total cost of the services less any costs covered by the
14appropriation under s. 20.505 (4) (f).
SB55-ASA1-AA1,1099,2016
227.43
(3) (am) The administrator of the division of hearings and appeals may
17set the fees to be charged for any services rendered to the department of
18environmental management by a hearing examiner under this section. The fees
19shall cover the total cost of the services less any costs covered by the appropriation
20under s. 20.505 (4) (f).
SB55-ASA1-AA1,1099,2422
227.43
(4) (a) The department of
natural resources fish, wildlife, parks, and
23forestry shall pay all costs of the services of a hearing examiner assigned to the
24department under sub. (1) (b), according to the fees set under sub. (3) (a).
SB55-ASA1-AA1,1100,3
1227.43
(4) (am) The department of environmental management shall pay all
2costs of the services of a hearing examiner assigned to the department under sub. (1)
3(bd), according to the fees set under sub. (3) (am).
SB55-ASA1-AA1,1100,135
227.46
(8) If the hearing examiner assigned under s. 227.43 (1) (b) renders the
6final decision in a contested case
, and the decision is subject to judicial review under
7s. 227.52, the department of
natural resources fish, wildlife, parks, and forestry may
8petition for judicial review.
If the hearing examiner assigned under s. 227.43 (1) (bd)
9renders the final decision in a contested case and the decision is subject to judicial
10review under s. 227.52, the department of environmental management may petition
11for judicial review. If the hearing examiner assigned under s. 227.43 (1) (br) renders
12the final decision in a contested case
, and the decision is subject to judicial review
13under s. 227.52, the department of transportation may petition for judicial review.".
SB55-ASA1-AA1,1100,19
16227.245 Permanent rules; exemptions.
(1) Promulgation of universal
17banking rules. Except as provided in subs. (2) and (3), the division of banking may
18promulgate a rule under s. 222.0413 (2) (b) without complying with the notice,
19hearing, and publication procedures under this chapter.
SB55-ASA1-AA1,1101,2
20(2) Filing and publication. The division of banking shall file a rule described
21under sub. (1) as provided in s. 227.20. At the time that the rule is filed, the division
22of banking shall mail a copy of the rule to the chief clerk of each house and to each
23member of the legislature, shall publish in the official state newspaper a class 1
1notice under ch. 985 containing a copy of the rule, and shall take any other step it
2considers feasible to make the rule known to persons who will be affected by the rule.
SB55-ASA1-AA1,1101,4
3(3) Effective date. A rule described under sub. (1) takes effect as provided
4under s. 227.22.".
SB55-ASA1-AA1,1101,21
7228.01 Recording of documents and public records by mechanical
8process authorized. Whenever any officer of any county having a population of
9500,000 or more is required or authorized by law to file, record, copy, recopy or replace
10any document, court order, plat, paper, written instrument, writings, record or book
11of record, on file or of record in his or her office, notwithstanding any other provisions
12in the statutes, the officer may do so by photostatic, photographic,
13microphotographic, microfilm, optical imaging, electronic formatting or other
14mechanical process which produces a clear, accurate and permanent copy or
15reproduction of the original document, court order, plat, paper, written instrument,
16writings, record or book of record in accordance with the
applicable standards
17specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such
18processes or transfer from optical disk or electronic storage any document, court
19order, plat, paper, written instrument, writings, record or book of record which has
20previously been filed, recorded, copied or recopied. Optical imaging or electronic
21formatting of any document is subject to authorization under s. 59.52 (14) (a).
SB55-ASA1-AA1,1102,1823
228.03
(2) Any photographic reproduction of an original record meeting the
24applicable standards prescribed in s. 16.61 (7) or copy of a record generated from an
1original record stored in optical disk or electronic format in compliance with
the
2applicable standards under ss. 16.61 and 16.612 shall be taken as and stand in lieu
3of and have all of the effect of the original record and shall be admissible in evidence
4in all courts and all other tribunals or agencies, administrative or otherwise, in all
5cases where the original document is admissible. A transcript, exemplification or
6certified copy of such a reproduction of an original record, or certified copy of a record
7generated from an original record stored in optical disk or electronic format, for the
8purposes specified in this subsection, is deemed to be a transcript, exemplification
9or certified copy of the original. The custodian of a photographic reproduction shall
10place the reproduction or optical disk in conveniently accessible storage and shall
11make provision for preserving, examining and using the reproduction of the record
12or generating a copy of the record from optical disk or electronic storage. An enlarged
13copy of a photographic reproduction of a record made in accordance with the
14applicable standards specified in s. 16.61 (7) or an enlarged copy of a record
15generated from an original record stored in optical disk or electronic format in
16compliance with
the applicable standards under ss. 16.61 and 16.612 that is certified
17by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size
18copy.".
SB55-ASA1-AA1,1103,321
227.20
(1) An Within 30 days after legislative review of a rule is completed
22under s. 227.19, the agency shall file a certified copy of
each the proposed rule
it
23promulgates in the office of the secretary of state and in the office of the revisor. No
24rule is valid until the certified copies have been filed. A certified copy shall be typed
1or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of
2state's stamp at the top of the first page. Forms that are filed need not comply with
3the specifications of this subsection.
SB55-ASA1-AA1,1103,75
227.24
(1) (c) A rule promulgated under par. (a) takes effect upon publication
6in the official state newspaper or on any later date specified in the rule and, except
7as provided under sub. (2), remains in effect only for
150 90 days.