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).
SB44-SSA1,872,2415
227.47
(2) Except as otherwise provided in this subsection, a proposed or final
16decision of the
personnel employment relations commission, hearing examiner or
17arbitrator concerning an appeal of the decision of the secretary of employment
18relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of
19fact or conclusions of law. If within 30 days after the commission issues a decision
20in such an appeal either party files a petition for judicial review of the decision under
21s. 227.53 and files a written notice with the commission that the party has filed such
22a petition, the commission shall issue written findings of fact and conclusions of law
23within 90 days after receipt of the notice. The court shall stay the proceedings
24pending receipt of the findings and conclusions.
SB44-SSA1, s. 2377
1Section
2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act ....
2(this act), is amended to read:
SB44-SSA1,873,133
227.47
(2) Except as otherwise provided in this subsection, a proposed or final
4decision of the employment relations commission, hearing examiner or arbitrator
5concerning an appeal of the decision of the
secretary of employment relations 6director of the office of state human resources management made under s. 230.09 (2)
7(a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within
830 days after the commission issues a decision in such an appeal either party files
9a petition for judicial review of the decision under s. 227.53 and files a written notice
10with the commission that the party has filed such a petition, the commission shall
11issue written findings of fact and conclusions of law within 90 days after receipt of
12the notice. The court shall stay the proceedings pending receipt of the findings and
13conclusions.
SB44-SSA1,873,1815
227.52
(3) Those decisions of the division of banking that are subject to review,
16prior to any judicial review, by the banking review board
, and decisions of the division
17of banking relating to savings banks or savings and loan associations, but no other
18institutions subject to the jurisdiction of the division of banking.
SB44-SSA1,874,421
227.53
(1) (a) 1. Proceedings for review shall be instituted by serving a petition
22therefor personally or by certified mail upon the agency or one of its officials, and
23filing the petition in the office of the clerk of
the circuit court for the county where
24the judicial review proceedings are to be held. If the agency whose decision is sought
25to be reviewed is the tax appeals commission, the banking review board, the credit
1union review board,
or the savings
and loan institutions review board
or the savings
2bank review board, the petition shall be served upon both the agency whose decision
3is sought to be reviewed and the corresponding named respondent, as specified under
4par. (b) 1. to
5. 4.
SB44-SSA1,874,96
227.53
(1) (b) 4. The savings
and loan
institutions review board, the division
7of
savings institutions banking, except if the petitioner is the division of
savings
8institutions banking, the prevailing parties before the savings
and loan institutions 9review board shall be the named respondents.
SB44-SSA1,874,1912
227.53
(1) (d) Except in the case of the tax appeals commission, the banking
13review board, the credit union review board,
and the savings
and loan institutions 14review board
and the savings bank review board, the agency and all parties to the
15proceeding before it
, shall have the right to participate in the proceedings for review.
16The court may permit other interested persons to intervene. Any person petitioning
17the court to intervene shall serve a copy of the petition on each party who appeared
18before the agency and any additional parties to the judicial review at least 5 days
19prior to the date set for hearing on the petition.
SB44-SSA1,875,1121
230.01
(2) It is the policy of the state and the responsibility of the
secretary 22director and the administrator to maintain a system of personnel management
23which fills positions in the classified service through methods which apply the merit
24principle, with adequate civil service safeguards. It is the policy of this state to
25provide for equal employment opportunity by ensuring that all personnel actions
1including hire, tenure or term, and condition or privilege of employment be based on
2the ability to perform the duties and responsibilities assigned to the particular
3position without regard to age, race, creed or religion, color, disability, sex, national
4origin, ancestry, sexual orientation or political affiliation. It is the policy of this state
5to take affirmative action which is not in conflict with other provisions of this chapter.
6It is the policy of the state to ensure its employees opportunities for satisfying careers
7and fair treatment based on the value of each employee's services. It is the policy of
8this state to encourage disclosure of information under subch. III and to ensure that
9any employee employed by a governmental unit is protected from retaliatory action
10for disclosing information under subch. III. It is the policy of this state to correct pay
11inequities based on gender or race in the state civil service system.
SB44-SSA1,875,15
13230.02 Liberal construction of statutes. Statutes applicable to the
14department office shall be construed liberally in aid of the purposes declared in s.
15230.01.
SB44-SSA1,875,1817
230.03
(8) "Commission" means the
personnel employment relations 18commission.
SB44-SSA1,875,2121
230.03
(9e) "Director" means the director of the office.
SB44-SSA1,875,2423
230.03
(10) "Division" means the division of merit recruitment and selection
24in the
department office.
SB44-SSA1,876,2
1230.03
(10e) "Division of equal rights" means the division of equal rights in the
2department of workforce development.
SB44-SSA1,876,64
230.03
(10r) "Job group" means a set of classifications combined by the
5department office on the basis of similarity in responsibility, pay range and nature
6of work.
SB44-SSA1,876,88
230.03
(10w) "Office" means the office of state human resources management.
SB44-SSA1,876,11
11230.04 (title)
Powers and duties of the
secretary director.
SB44-SSA1,876,1613
230.04
(1) The
secretary director is charged with the effective administration
14of this chapter. All powers and duties, necessary to that end, which are not
15exclusively vested by statute in the commission,
the division of equal rights, the
16administrator or appointing authorities, are reserved to the
secretary director.
SB44-SSA1,877,818
230.04
(1m) The
secretary director may delegate, in writing, any of his or her
19functions set forth in this chapter to an appointing authority, within prescribed
20standards if the
secretary director finds that the agency has personnel management
21capabilities to perform such functions effectively and has indicated its approval and
22willingness to accept such responsibility by written agreement. If the
secretary 23director determines that any agency is not performing such delegated function
24within prescribed standards, the
secretary director shall forthwith withdraw such
25delegated function. Subject to the approval of the joint committee on finance, the
1secretary director may order transferred to the
department office from the agency to
2which delegation was made such agency staff and other resources as necessary to
3perform such functions if increased staff was authorized to that agency as a
4consequence of such delegation or if the
department
office reduced staff or shifted
5staff to new responsibilities as a result of such delegation. Any delegatory action
6taken under s. 230.09 (2) (a) or (d) or 230.13 (1) by an appointing authority may be
7appealed to the
personnel commission under s. 230.44 (1) (b). The
secretary director 8shall be a party in such an appeal.
SB44-SSA1,877,1310
230.04
(2) The
secretary director may utilize the services of technical or
11specialized personnel to assist in implementing and maintaining a sound personnel
12management program. These services may be obtained from persons inside or
13outside of state service.
SB44-SSA1,877,1915
230.04
(3) The
secretary director may issue enforceable orders on all matters
16relating to the administration, enforcement and effect of this chapter and the rules
17prescribed thereunder except on matters relating to the provisions of subch. III or
18to those provisions of subch. II for which responsibility is specifically charged to the
19administrator.