2003 WISCONSIN ACT 63
An Act to repeal 186.235 (16) (b), 186.41 (1) (d), 186.41 (6) (b) and 186.41 (8); to renumber 186.41 (6) (a); to renumber and amend 109.09 (2) (c), 186.02 (2) (d), 186.11 (4) (a), 186.113 (11), 186.235 (16) (a), 186.41 (1) (a) and 186.41 (1) (c); to amend 93.01 (1m), 109.01 (1r), 186.01 (2), 186.02 (2) (a) 1., 186.02 (2) (b) 2., 186.02 (2) (c), 186.06 (4), 186.11 (4) (title), 186.11 (4) (c), 186.113 (1), 186.113 (1m) (a) (intro.), 186.113 (6) (b) and (c), 186.22 (12m), 186.235 (7) (a) (intro.), 186.36, 186.41 (title), 186.41 (2) and (3), 186.41 (4) (intro.), (a) to (d) and (f), 186.41 (5) (a), (b), (c) and (cr), 220.04 (9) (a) 2. and 409.617 (1) (c); to repeal and recreate 186.11 (4) (b) and 186.17 (1); and to create 109.09 (2) (c) 1., 109.09 (2) (c) 2., 109.09 (2) (c) 3., 186.02 (2) (b) 2m., 186.02 (2) (d) 2., 186.07 (3m), 186.11 (4) (a) 1., 186.11 (4) (bd) and (bh), 186.113 (11) (b), 186.113 (24), 186.113 (25), 186.20, 186.235 (7) (c), 186.235 (7m), 186.235 (16m), 186.45, 186.80, 220.14 (5) and chapter 222 of the statutes; relating to: credit union membership, powers, operation, and regulation; the application of agriculture, trade, and consumer protection statutes to credit unions; the creation of a new type of financial institution; the powers of and requirements applicable to the new type of financial institution; the discharge of governmental liens under the Uniform Commercial Code; the priority of certain wage claim liens over a prior lien of a commercial lending institution; providing an exemption from emergency rule procedures; granting rule-making authority; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 93.01 (1m) of the statutes is amended to read:
93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations, and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.
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2. 109.01 (1r) of the statutes is amended to read:
109.01 (1r) "Employee" means any person employed by an employer, except that "employee" does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture or, the owner of a sole proprietorship, an independent contractor, or a person employed in a managerial, executive, or commissioned sales capacity or in a capacity in which the person is privy to confidential matters involving the employer-employee relationship.
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3. 109.09 (2) (c) of the statutes is renumbered 109.09 (2) (c) 1m. and amended to read:
109.09 (2) (c) 1m. A lien under par. (a) takes precedence over all other debts, judgments, decrees, liens, or mortgages against the employer, except a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect commercial lending institution as provided in subd. 2. and 3. or a lien under s. 292.31 (8) (i) or 292.81, regardless of whether those other debts, judgments, decrees, liens, or mortgages originate before or after the lien under par. (a) takes effect. A lien under par. (a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20, and 779.21, insofar as those provisions are applicable. The lien ceases to exist if the department of workforce development or the employee does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.
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Section 3m. 109.09 (2) (c) 1. of the statutes is created to read:
109.09 (2) (c) 1. In this paragraph:
a. "Commercial lending institution" has the meaning given for "financial institution" in s. 234.01 (5k).
b. "Financial institution" has the meaning given in s. 69.30 (1) (b).
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Section 4d. 109.09 (2) (c) 2. of the statutes is created to read:
109.09 (2) (c) 2. Except as provided in this subdivision, a lien under par. (a) does not take precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect. Subject to subd. 3., a lien under par. (a) takes precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect only as to the first $3,000 of unpaid wages covered under the lien that are earned by an employee within the 6 months preceding the date on which the employee files the wage claim under sub. (1) or brings the action under s. 109.03 (5) or the date on which the department receives the wage claim under s. 109.10 (4) (a), whichever is applicable.
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5. 109.09 (2) (c) 3. of the statutes is created to read:
109.09 (2) (c) 3. Notwithstanding subd. 2., a lien of a financial institution that exists on the day before the effective date of this subdivision .... [revisor inserts date], and that originates before a lien under par. (a) takes effect takes precedence over the lien under par. (a), and a lien of a financial institution for any amount advanced by the financial institution after a lien under par. (a) takes effect under a contract entered into before the effective date of this subdivision .... [revisor inserts date], including any extension or renewal of such a contract, takes precedence over the lien under par. (a). Notwithstanding subd. 2., a lien under par. (a) that exists on the day before the effective date of this subdivision .... [revisor inserts date], takes precedence over a lien of a commercial lending institution that is not a financial institution, regardless of whether the lien of the commercial lending institution originates before or after the lien under par. (a) takes effect.
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6. 186.01 (2) of the statutes is amended to read:
186.01 (2) "Credit union" means, except as specifically provided under ss. 186.41 (1) and 186.45 (1), a cooperative, nonprofit corporation, incorporated under this chapter to encourage thrift among its members, create a source of credit at a fair and reasonable cost, and provide an opportunity for its members to improve their economic and social conditions.
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7. 186.02 (2) (a) 1. of the statutes is amended to read:
186.02 (2) (a) 1. The conditions of residence or occupation which qualify persons that determine eligibility for membership.
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8. 186.02 (2) (b) 2. of the statutes is amended to read:
186.02 (2) (b) 2. Residents Except as otherwise provided in this subdivision, individuals who reside or are employed within a well-defined neighborhood, community or rural district and contiguous neighborhoods and communities. If the office of credit unions, subsequent to a credit union merger, determines that it would be inappropriate under the circumstances to require members of the credit union that results from the merger to reside or be employed in contiguous neighborhoods and communities, the requirement that these neighborhoods and communities be contiguous does not apply.
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9. 186.02 (2) (b) 2m. of the statutes is created to read:
186.02 (2) (b) 2m. Individuals who reside or are employed within well-defined and contiguous rural districts or multicounty regions.
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10. 186.02 (2) (c) of the statutes is amended to read:
186.02 (2) (c) Members of the immediate family of all qualified persons are eligible for membership. In this paragraph, "members of the immediate family" include the wife, husband, parents, stepchildren and children of a member whether living together in the same household or not and any other relatives of the member or spouse of a member living together in the same household as the member.
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11. 186.02 (2) (d) of the statutes is renumbered 186.02 (2) (d) 1. and amended to read:
186.02 (2) (d) 1. Organizations and associations An organization or association of individuals, the majority of whom the directors, owners, or members of which are eligible for membership, may be admitted to membership in the same manner and under the same conditions as individuals.
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12. 186.02 (2) (d) 2. of the statutes is created to read:
186.02 (2) (d) 2. An organization or association that has a business location within any geographic limits of the credit union's field of membership may be admitted to membership.
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13. 186.06 (4) of the statutes is amended to read:
186.06 (4) Fiscal year. The fiscal year of every credit union shall end at the close of business on December 31 and the credit union shall, at least semiannually, transfer funds as provided in s. 186.17.
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14. 186.07 (3m) of the statutes is created to read:
186.07 (3m) Written consent in lieu of meeting. (a) Unless the articles of incorporation or bylaws provide otherwise, any action required or permitted by this chapter to be authorized at a board of directors' meeting may be authorized without a meeting if that action is authorized by all directors and is evidenced by one or more written statements, signed by each director, describing and consenting to the action. Such an action has the same effect as an action authorized by unanimous vote at a meeting at which all directors are present and may be described as such in any document.
(b) Any action authorized under par. (a) is effective when the last director signs the statement evidencing his or her consent, unless the statement specifies a different effective date.
(c) A credit union shall retain all statements signed by its directors under par. (a).
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15. 186.11 (4) (title) of the statutes is amended to read:
186.11 (4) (title) Investment in credit union service corporations organizations.
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16. 186.11 (4) (a) of the statutes is renumbered 186.11 (4) (a) (intro.) and amended to read:
186.11 (4) (a) (intro.) A Unless the office of credit unions approves a higher percentage, a credit union may invest not more than 1.5% of its total assets in the capital shares or obligations of a credit union service corporation organizations that, in the opinion of the office of credit unions, are sufficiently bonded and insured and that satisfy all of the following:
2. Are organized primarily to provide goods and services to credit unions, credit union organizations and credit union members.
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17. 186.11 (4) (a) 1. of the statutes is created to read:
186.11 (4) (a) 1. Are corporations, limited partnerships, limited liability companies, or other entities that are permitted under the laws of this state and that are approved by the office of credit unions.
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18. 186.11 (4) (b) of the statutes is repealed and recreated to read:
186.11 (4) (b) A credit union service organization under par. (a) may provide any of the following services related to the routine daily operations of credit unions:
1. Checking and currency services, check cashing services, money order services, savings bond services, traveler's check services, and services regarding the purchase and sale of U.S. mint commemorative coins.
2. Clerical, professional, and management services, including, but not limited to, accounting, courier, credit analysis, facsimile transmission and copying, internal credit union audit, locator, management and personnel training and support, marketing, research, and supervisory committee audit services.
3. Consumer mortgage loan origination services.
4. Electronic transaction services, including, but not limited to, remote terminal, credit and debit card, data processing, electronic fund transfer, electronic income tax filing, payment item processing, wire transfer, and Internet financial services.
5. Tax preparation services, services regarding the development and administration of individual retirement accounts, Keogh plans, deferred compensation plans, and other personnel benefit plans, and financial counseling services, including, but not limited to, estate planning.
6. Fixed asset services, including, but not limited to, the management, development, sale, or lease of fixed assets and the sale, lease, or servicing of computer hardware or software.
7. Insurance brokerage or agency services, including, but not limited to, providing vehicle warranty programs, providing group insurance purchasing programs, and acting as an agent for the sale of insurance.
8. Services with regard to the leasing of real property owned by the credit union service organization or personal property.
9. Loan support services, including, but not limited to, debt collection and loan processing, servicing, and sales services and services regarding the sale of repossessed collateral.
10. Record retention, security, and disaster recovery services, including, but not limited to, alarm monitoring, data storage and retrieval, and record storage services and providing forms and supplies.
11. Securities brokerage services.
12. Shared credit union branch operations.
13. Student loan origination services.
14. Travel agency services.
15. Trust and other fiduciary services, including, but not limited to, acting as an administrator for prepaid legal services plans or acting as a trustee, guardian, conservator, estate administrator, or in any other fiduciary capacity.
16. Real estate brokerage services.
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19. 186.11 (4) (bd) and (bh) of the statutes are created to read:
186.11 (4) (bd) The office of credit unions may expand the list of services under par. (b) that are related to the routine daily operations of credit unions. Any service approved under this paragraph shall be authorized for all credit union service organizations under par. (a). A credit union may file a written request with the office of credit unions to exercise its authority under this paragraph and may include, along with the request, a description of any proposed service and an explanation of how that service is related to the routine daily operations of credit unions. Within 60 days after receiving a request under this paragraph, the office of credit unions shall approve or disapprove the request.
(bh) A credit union service organization under par. (a) may provide any service described under par. (b) or approved under par. (bd) through an investment by the credit union service organization in a third-party service provider. The amount that a credit union service organization may invest in a third-party service provider under this paragraph may not exceed the amount necessary to obtain the applicable services, or a greater amount if necessary for the credit union service organization to obtain the services at a reduced cost.
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20. 186.11 (4) (c) of the statutes is amended to read:
186.11 (4) (c) A credit union service
corporation organization may be subject to audit by the office of credit unions.
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21. 186.113 (1) of the statutes is amended to read:
186.113 (1) Branch offices. If the need and necessity exist and with With the approval of the office of credit unions, establish branch offices inside this state or no more than 25 miles or outside of this state. Permanent records may be maintained at branch offices established under this subsection. In this subsection, the term "branch office" does not include a remote terminal, a limited services office, or a service center.
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22. 186.113 (1m) (a) (intro.) of the statutes is amended to read:
186.113 (1m) (a) (intro.) Establish
Before the effective date of this paragraph .... [revisor inserts date], establish limited services offices outside this state to serve any member of the credit union if all of the following requirements are met:
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23. 186.113 (6) (b) and (c) of the statutes are amended to read:
186.113 (6) (b) Act as trustees or custodians of member tax deferred retirement funds, individual retirement accounts, medical savings accounts, or other employee benefit accounts or funds permitted by federal law to be deposited in a credit union.
(c) Act as a depository for member-deferred member qualified and nonqualified deferred compensation funds as permitted by federal law.
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24. 186.113 (11) of the statutes is renumbered 186.113 (11) (a) and amended to read:
186.113 (11) (a) Have
Offer deposit accounts to members.
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25. 186.113 (11) (b) of the statutes is created to read:
186.113
(11) (b) Offer deposit accounts to any person if the credit union satisfies the requirements specified in
12 CFR 701.34 (a) for designation as a low-income credit union and files a statement with the office of credit unions agreeing to be bound by requirements and conditions that are substantially identical to those imposed by the national board and the national credit union administration on federal credit unions designated under
12 CFR 701.34 (a).
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26. 186.113 (24) of the statutes is created to read:
186.113 (24) Funeral trusts. Accept deposits made by members for the purpose of funding burial agreements by trusts created pursuant to s. 445.125.
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27. 186.113 (25) of the statutes is created to read:
186.113 (25) Sale of insurance products. Sell insurance, annuities, and related products.
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28. 186.17 (1) of the statutes is repealed and recreated to read:
186.17 (1) Regular reserves. A credit union shall establish and maintain a regular reserve account and shall transfer amounts to the regular reserve account as required by the national board.
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29. 186.20 of the statutes is created to read:
186.20 Financial privacy. A credit union shall comply with any applicable requirements under
15 USC 6801 to
6803 and any applicable regulations prescribed by the national credit union administration under
15 USC 6804.
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30. 186.22 (12m) of the statutes is amended to read:
