SB44-SSA1,861,11
1196.85
(5) No suit or proceeding may be maintained in any court to restrain or
2delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every
3public utility, sewerage system, joint local water authority, or power district that is
4billed shall pay the amount of the bill, and after payment may in the manner
5provided under this section, at any time within 2 years from the date the payment
6was made, sue the state to recover the amount paid plus interest from the date of
7payment, upon the ground that the assessment was excessive, erroneous, unlawful,
8or invalid in whole or in part. If the court finds that any part of the bill for which
9payment was made was excessive, erroneous, unlawful, or invalid, the
state
10treasurer secretary of administration shall make a refund to the claimant as directed
11by the court. The refund shall be charged to the appropriations to the commission.
SB44-SSA1, s. 2324
12Section
2324. 196.858 (1) and (2) of the statutes are amended to read:
SB44-SSA1,861,1513
196.858
(1) The commission shall annually assess against local exchange and
14interexchange telecommunications utilities the total, not to exceed $5,000,000, of the
15amounts appropriated under s.
20.530 20.505 (1) (ir).
SB44-SSA1,861,25
16(2) The commission shall assess a sum equal to the annual total amount under
17sub. (1) to local exchange and interexchange telecommunications utilities in
18proportion to their gross operating revenues during the last calendar year. If total
19expenditures for telephone relay service exceeded the payment made under this
20section in the prior year, the commission shall charge the remainder to assessed
21telecommunications utilities in proportion to their gross operating revenues during
22the last calendar year. A telecommunications utility shall pay the assessment within
2330 days after the bill has been mailed to the assessed telecommunication utility. The
24bill constitutes notice of the assessment and demand of payment. Payments shall
25be credited to the appropriation account under s.
20.530 20.505 (1) (ir).
SB44-SSA1,862,22
214.01
(1) (im) "Division" means the division of
savings institutions banking.
SB44-SSA1,862,54
214.01
(1) (sr) "Review board" means the savings
bank institutions review
5board.
SB44-SSA1,862,11
7214.592 Financially related services tie-ins. In any transaction conducted
8by a savings bank, a savings bank holding company
, or a subsidiary of either with
9a customer who is also a customer of any other subsidiary of any of them, the
10customer shall be given a notice in 12-point boldface type in substantially the
11following form:
SB44-SSA1,862,1212
NOTICE OF RELATIONSHIP
SB44-SSA1,862,1713
This company, .... (insert name and address of savings bank, savings bank
14holding company
, or subsidiary), is related to .... (insert name and address of savings
15bank, savings bank holding company
, or subsidiary) of which you are also a customer.
16You may not be compelled to buy any product or service from either of the above
17companies or any other related company in order to participate in this transaction.
SB44-SSA1,862,2218
If you feel that you have been compelled to buy any product or service from
19either of the above companies or any other related company in order to participate
20in this transaction, you should contact the management of either of the above
21companies at either of the above addresses or the division of
savings institutions 22banking at .... (insert address).
SB44-SSA1,862,2424
215.01
(6) "Division" means the division of
savings institutions banking.
SB44-SSA1,863,2
1215.01
(22) "Review board" means the savings
and loan institutions review
2board.
SB44-SSA1, s. 2336
3Section
2336. 215.02 (title) of the statutes is repealed and recreated to read:
SB44-SSA1,863,4
4215.02 (title)
Powers of the division.
SB44-SSA1,863,166
215.02
(10) (a) 3. An order of removal takes effect on the date issued. A copy
7of the order shall be served upon the association and upon the officer, director
, or
8employee in the manner provided by law for service of a summons in a court of record
9or by mailing a copy to the association and officer, director
, or employee at their
10last-known
, post-office addresses. Any removal under this subsection has the same
11effect as if made by the board of directors or the members or stockholders of the
12association. An officer, director
, or employee removed from office or employment
13under this subsection may not be elected as an officer or director of, or be employed
14by, an association without the approval of the division and the review board. An
15order of removal under this subsection is a final
order or determination of the review
16board under s. 215.04
(6) (5).
SB44-SSA1, s. 2338
17Section
2338. 215.04 of the statutes is repealed and recreated to read:
SB44-SSA1,863,19
18215.04 Review board. (1) Duties. The review board shall do all of the
19following:
SB44-SSA1,863,2020
(a) Advise the division on matters related to this chapter.
SB44-SSA1,863,2121
(b) Review the acts, orders, and determinations of the division.
SB44-SSA1,863,2322
(c) Act on any matters pertaining to this chapter that are submitted to it by the
23division.
SB44-SSA1,863,2424
(d) Perform other review functions relating to this chapter.
SB44-SSA1,864,3
1(e) Conduct hearings and take testimony, and subpoena and swear witnesses
2at such hearings. The review board shall have the subpoena powers under s. 885.01
3(4).
SB44-SSA1,864,5
4(2) Appearances. An interested party may appear at a proceeding of the review
5board and may participate in the examination of witnesses and present evidence.
SB44-SSA1,864,11
6(3) Witness fees. A person who causes a witness to be subpoenaed shall
7advance the fees and mileage expense of the witness. Witness fees shall be the same
8as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the
9review board in the interests of the state shall be paid by the state upon presentation
10of proper vouchers approved by the chairperson of the review board and charged to
11the appropriation under s. 20.144 (1) (g).
SB44-SSA1,864,24
12(4) Review of acts, orders, or determinations. Any interested person or a
13savings association aggrieved by any act, order, or determination of the division,
14which relates to savings and loan associations, may, within 20 days after receipt or
15service of a copy of the act, order, or determination, file a written notice requesting
16the review board's review of the division's act, order, or determination. The review
17of the division's decision shall be solely to determine if the division acted within the
18scope of the division's authority and did not act in an arbitrary or capricious manner
19and to determine if the act, order, or determination of the division is supported by
20substantial evidence in view of the entire record as submitted. The review of
21applications for new charters, branch offices, or relocation of offices shall be based
22exclusively on the record and new evidence may not be taken by the review board.
23Requests for review under this subsection shall be considered and disposed of as
24speedily as possible.
SB44-SSA1,865,4
1(5) Review. A determination of the review board is subject to review under ch.
2227. If an act, order, or determination of the division is reversed or modified by the
3review board, the division shall be considered to be a person aggrieved and directly
4affected by the decision under s. 227.53 (1).
SB44-SSA1,865,7
5(6) Board member not to act. A member of the review board may not act on
6any matter involving a savings and loan association or savings and loan holding
7company of which the member is an officer, director, employee, or agent.
SB44-SSA1,865,13
9215.141 Financially related services tie-ins. In any transaction conducted
10by an association, a savings and loan holding company
, or a subsidiary of either with
11a customer who is also a customer of any other subsidiary of any of them, the
12customer shall be given a notice in 12-point boldface type in substantially the
13following form:
SB44-SSA1,865,1414
NOTICE OF RELATIONSHIP
SB44-SSA1,865,2015
This company, ..... (insert name and address of association, savings and loan
16holding company
, or subsidiary), is related to ..... (insert name and address of
17association, savings and loan holding company
, or subsidiary) of which you are also
18a customer. You may not be compelled to buy any product or service from either of
19the above companies or any other related company in order to participate in this
20transaction.
SB44-SSA1,865,2521
If you feel that you have been compelled to buy any product or service from
22either of the above companies or any other related company in order to participate
23in this transaction, you should contact the management of either of the above
24companies at either of the above addresses or the division of
savings institutions 25banking at .... (insert address).
SB44-SSA1,866,62
215.33
(3) (b) 2. The accounts of the association are insured by the deposit
3insurance corporation or any other insurer acceptable to the division, or that
4adequate and sufficient securities have been deposited with the
state treasurer 5secretary of administration to assure that the association will meet its obligations
6to the residents of this state.
SB44-SSA1,866,118
215.40
(18) Appeal by applicants after being denied certificate of authority. 9If the division refuses to grant a certificate of authority to organize an association,
10and the applicants feel aggrieved thereby, they may appeal to the review board to
11review the division's determination under s. 215.04 (1)
(d) (b) and (4).
SB44-SSA1, s. 2343
12Section
2343. 220.02 (2) (e) and (f) of the statutes are created to read:
SB44-SSA1,866,1313
220.02
(2) (e) Savings banks under ch. 214.
SB44-SSA1,866,1414
(f) Savings and loan associations under ch. 215.
SB44-SSA1,866,2316
220.02
(3) It is the intent of sub. (2) to give the division jurisdiction to enforce
17and carry out all laws relating to banks or banking in this state, including those
18relating to state banks,
savings banks, savings and loan associations, and trust
19company banks, and also all laws relating to small loan companies or other loan
20companies or agencies, finance companies, motor vehicle dealers, adjustment service
21companies, community currency exchanges
, and collection agencies and those
22relating to sellers of checks under ch. 217, whether doing business as corporations,
23individuals
, or otherwise, but to exclude laws relating to credit unions.
SB44-SSA1,867,17
1221.0303
(2) Operation and acquisition of customer bank communications
2terminals. A bank may, directly or indirectly, acquire, place
, and operate, or
3participate in the acquisition, placement
, and operation of, at locations other than
4its main or branch offices, customer bank communications terminals, in accordance
5with rules established by the division. The rules of the division shall provide that
6any such customer bank communications terminal shall be available for use, on a
7nondiscriminatory basis, by any state or national bank and by all customers
8designated by a bank using the terminal. This subsection does not authorize a bank
9which has its principal place of business outside this state to conduct banking
10business in this state. The customer bank communications terminals also shall be
11available for use, on a nondiscriminatory basis, by any credit union, savings and loan
12association
, or savings bank, if the credit union, savings and loan association
, or
13savings bank requests to share its use, subject to rules jointly established by the
14division of banking
, and the office of credit unions
and the division of savings
15institutions. The division by order may authorize the installation and operation of
16a customer bank communications terminal in a mobile facility, after notice and
17hearing upon the proposed service stops of the mobile facility.
SB44-SSA1,867,2019
221.0320
(3) (a) In this subsection, "local governmental unit" has the meaning
20given in s.
22.01 16.97 (7).
SB44-SSA1,868,522
221.0321
(5) Certain secured loans. A bank may make loans secured by
23assignment or transfer of stock certificates or other evidence of the borrower's
24ownership interest in a corporation formed for the cooperative ownership of real
25estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage
1involving a one-family residence, apply to a proceeding to enforce the lender's rights
2in security given for a loan under this subsection. The division shall promulgate joint
3rules with the office of credit unions
and the division of savings institutions that
4establish procedures for enforcing a lender's rights in security given for a loan under
5this subsection.
SB44-SSA1,868,97
223.02
(1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the
8state treasurer secretary of administration or the
state treasurer's secretary's agent
9in accordance with the following provisions:
SB44-SSA1,868,1711
223.02
(1) (b) The
state treasurer
secretary of administration or the
state
12treasurer's secretary's agent shall pay over to the bank trust company the interest,
13dividends
, or other income on deposit or may authorize the bank trust company to
14collect the interest, dividends
, or other income. The
state treasurer secretary of
15administration shall issue a certificate stating that a deposit has been made with the
16state treasurer secretary of administration or the
state treasurer's secretary's agent
17in the manner provided in this section.
SB44-SSA1,868,2519
223.02
(1) (c) The
state treasurer
secretary of administration or the
state
20treasurer's secretary's agent shall hold the deposit as security for the faithful
21execution of any trust which may be lawfully imposed upon and accepted by the trust
22company bank. The cash or securities shall remain in the possession of the
state
23treasurer secretary of administration or the
state treasurer's secretary's agent until
24otherwise ordered by a court of competent jurisdiction, unless released pursuant to
25par. (d).
SB44-SSA1,869,62
223.02
(1) (d) The securities and cash deposited by a trust company bank may
3be released by the
state treasurer secretary of administration or the
state treasurer's 4secretary's agent and returned to the bank, if the division certifies to the
state
5treasurer secretary of administration that the bank no longer exercises trust powers
6and that the division is satisfied that there are no outstanding trust liabilities.
SB44-SSA1,869,138
223.02
(1) (e) The
state treasurer
secretary of administration may designate
9a banking corporation, having an authorized capital of $1,000,000 or more, to act as
10an agent to hold the cash or securities in safekeeping. The agent shall furnish to the
11state treasurer secretary of administration a safekeeping receipt for all cash and
12securities received by it. The agent shall pay the cash and securities to the
state
13treasurer secretary of administration on demand without conditions.
SB44-SSA1,869,2115
223.105
(3) (a) To assure compliance with such rules as may be established
16under s. 220.04 (7)
, the division of banking
, and the office of credit unions
and the
17division of savings institutions shall, at least once every 18 months, examine the
18fiduciary operations of each organization which is under its respective jurisdiction
19and is subject to examination under sub. (2). If a particular organization subject to
20examination under sub. (2) is not otherwise under the jurisdiction of one of the
21foregoing agencies, such examination shall be conducted by the division of banking.
SB44-SSA1,870,723
223.105
(4) Notice of fiduciary operation. Except for those organizations
24licensed under ch. 221 or this chapter, any organization engaged in fiduciary
25operations as defined in this section shall, as required by rule, notify the division of
1banking
, or the office of credit unions
or the division of savings institutions of that
2fact, directing the notice to the agency then exercising regulatory authority over the
3organization or, if there is none, to the division of banking. Any organization which
4intends to engage in fiduciary operations shall, prior to engaging in such operations,
5notify the appropriate agency of this intention. The notifications required under this
6subsection shall be on forms and contain information required by the rules
7promulgated by the division of banking.
SB44-SSA1,870,159
223.105
(5) Enforcement remedy. The division of banking
or the division of
10savings institutions or office of credit unions shall
, upon the failure of such
11organization to submit notifications or reports required under this section or
12otherwise to comply with the provisions of this section, or rules established by the
13division of banking under s. 220.04 (7), upon due notice, order such defaulting
14organization to cease and desist from engaging in fiduciary activities and may apply
15to the appropriate court for enforcement of such order.
SB44-SSA1,870,2417
223.105
(6) Sunset. Except for an organization regulated by the office of credit
18unions
or the division of savings institutions, a savings bank or savings and loan
19association regulated by the division of banking, or an organization authorized by
20the division of banking to operate as a bank or trust company under ch. 221 or this
21chapter, an organization may not begin activity as a fiduciary operation under this
22section after May 12, 1992. An organization engaged in fiduciary operations under
23this section on May 12, 1992, may continue to engage in fiduciary operations after
24that date.
SB44-SSA1,871,8
1223.20
(3) Surrender of trust powers. If a converted trust company bank has
2been fully discharged of all trusts committed to it, it may, by amendment to its
3articles of incorporation, duly adopted by its stockholders and approved by the
4division, surrender its powers to act in a fiduciary capacity. A trust company bank
5that surrenders its trust powers under this subsection shall eliminate from its
6corporate name the word
"trust;" "trust" and may thereupon withdraw from the
state
7treasurer secretary of administration all securities and cash that it has deposited
8with the
state treasurer secretary of administration pursuant to s. 223.02.
SB44-SSA1,871,1110
224.71
(3) (b) 1m. A community-based organization, as defined in s.
16.30 11560.9801 (1), or a housing authority, as defined in s.
16.30 560.9801 (2).
SB44-SSA1,871,1413
224.71
(4) (b) 1m. A community-based organization, as defined in s.
16.30 14560.9801 (1), or a housing authority, as defined in s.
16.30 560.9801 (2).
SB44-SSA1,871,2016
224.77
(1m) (c) All forfeitures shall be paid to the division of banking within
1710 days after receipt of notice of assessment or, if the forfeiture is contested under
18par. (b), within 10 days after receipt of the final decision after exhaustion of
19administrative review. The division of banking shall remit all forfeitures paid to the
20state treasurer secretary of administration for deposit in the school fund.
SB44-SSA1,871,2523
227.03
(7) Except as provided in s. 230.44 (4) (bm), this chapter does not apply
24to proceedings before the
personnel employment relations commission in matters
25that are arbitrated in accordance with s. 230.44 (4) (bm).
SB44-SSA1,872,52
227.10
(3) (e) Nothing in this subsection prohibits the administrator of the
3division of merit recruitment and selection in the
department of employment
4relations office of state human resources management from promulgating rules
5relating to expanded certification under s. 230.25 (1n).
SB44-SSA1, s. 2369
6Section
2369. 227.115 (1) (a) and (b) of the statutes are amended to read:
SB44-SSA1,872,87
227.115
(1) (a) "Department" means the department of
administration 8commerce.
SB44-SSA1,872,109
(b) "State housing strategy plan" means the plan developed under s.
16.31 10560.9802.
SB44-SSA1,872,1212
227.115
(3) (a) 5. Housing costs, as defined in s.
16.30 560.9801 (3) (a) and (b).