SB44,924,1711
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, s. 2351
18Section
2351. 223.02 (1) (c) of the statutes is amended to read:
SB44,924,2519
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, s. 2352
1Section
2352. 223.02 (1) (d) of the statutes is amended to read:
SB44,925,62
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, s. 2353
7Section
2353. 223.02 (1) (e) of the statutes is amended to read:
SB44,925,138
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, s. 2354
14Section
2354. 223.105 (3) (a) of the statutes is amended to read:
SB44,925,2115
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, s. 2355
22Section
2355. 223.105 (4) of the statutes is amended to read:
SB44,926,723
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, s. 2356
8Section
2356. 223.105 (5) of the statutes is amended to read:
SB44,926,159
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, s. 2357
16Section
2357. 223.105 (6) of the statutes is amended to read:
SB44,926,2417
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, s. 2358
25Section
2358. 223.20 (3) of the statutes is amended to read:
SB44,927,8
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, s. 2359
9Section
2359. 224.71 (3) (b) 1m. of the statutes is amended to read:
SB44,927,1110
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, s. 2360
12Section
2360. 224.71 (4) (b) 1m. of the statutes is amended to read:
SB44,927,1413
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, s. 2361
15Section
2361. 224.77 (1m) (c) of the statutes is amended to read:
SB44,927,2016
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, s. 2362
21Section
2362. 226.025 (3) of the statutes is amended to read:
SB44,928,822
226.025
(3) The appointment of the department of financial institutions or the
23designation of a resident agent as attorney for the service of summons, notice,
24pleadings or process under s. 180.1507 shall be applicable only to actions or
25proceedings against the foreign corporations described in this section (unless such
1corporations have been admitted to this state for purposes other than those
2mentioned in this section) where the cause of action or proceeding arises out of
3transactions between such foreign corporations and public utilities operating in this
4state with which such foreign corporations are affiliated; and to actions or
5proceedings by or before the public service commission
or office of the commissioner
6of railroads involving the transactions described in sub. (1), or involving the relation
7between such foreign corporations and public utilities operating in this state with
8which they are affiliated.
SB44, s. 2363
9Section
2363. 227.01 (13) (s) of the statutes is amended to read:
SB44,928,1210
227.01
(13) (s) Prescribes or relates to a uniform system of accounts for any
11person, including a municipality, that is regulated by the
office of the commissioner
12of railroads or the public service commission.
SB44, s. 2364
13Section
2364. 227.01 (13) (zk) of the statutes is repealed.
SB44, s. 2365
14Section
2365. 227.01 (13) (zL) of the statutes is created to read:
SB44,928,1615
227.01
(13) (zL) Establishes guidelines under s. 49.147 (3m) (c), (d) 2., (f) 1. or
162. b., or (g) 2. for transitional subsidized private sector jobs under Wisconsin Works.
SB44, s. 2366
17Section
2366. 227.01 (13) (zv) of the statutes is created to read:
SB44,928,1818
227.01
(13) (zv) Establishes policies under subch. III of ch. 39.
SB44, s. 2367
19Section
2367. 227.03 (7) of the statutes is amended to read:
SB44,928,2220
227.03
(7) Except as provided in s. 230.44 (4) (bm), this chapter does not apply
21to proceedings before the
personnel employment relations commission in matters
22that are arbitrated in accordance with s. 230.44 (4) (bm).
SB44, s. 2368
23Section
2368. 227.10 (3) (e) of the statutes is amended to read:
SB44,929,224
227.10
(3) (e) Nothing in this subsection prohibits the administrator of the
25division of merit recruitment and selection in the department of
employment
1relations administration from promulgating rules relating to expanded certification
2under s. 230.25 (1n).
SB44, s. 2369
3Section
2369. 227.115 (1) (a) and (b) of the statutes are amended to read:
SB44,929,54
227.115
(1) (a) "Department" means the department of
administration 5commerce.
SB44,929,76
(b) "State housing strategy plan" means the plan developed under s.
16.31 7560.9802.
SB44, s. 2370
8Section
2370. 227.115 (3) (a) 5. of the statutes is amended to read:
SB44,929,99
227.115
(3) (a) 5. Housing costs, as defined in s.
16.30 560.9801 (3) (a) and (b).
SB44, s. 2371
10Section
2371. 227.43 (1) (bk) of the statutes is created to read:
SB44,929,1411
227.43
(1) (bk) Assign a hearing examiner to preside over any hearing or review
12under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16
13(4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10),
14195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325, and 195.60.
SB44, s. 2372
15Section
2372. 227.43 (4) (b) of the statutes is amended to read:
SB44,929,1816
227.43
(4) (b) The department of transportation shall pay all costs of the
17services of a hearing examiner assigned under sub. (1) (bg)
or (bk) or assigned to the
18department under sub. (1) (br), according to the fees set under sub. (3) (b).
SB44, s. 2373
19Section
2373. 227.44 (2s) of the statutes is repealed.
SB44, s. 2374
20Section
2374. 227.46 (2m) of the statutes is amended to read:
SB44,930,1221
227.46
(2m) In any hearing or review assigned to a hearing examiner under
22s. 227.43 (1) (bg)
or (bk), the hearing examiner presiding at the hearing shall prepare
23a proposed decision, including findings of fact, conclusions of law, order and opinion,
24in a form that may be adopted as the final decision in the case. The proposed decision
25shall be a part of the record and shall be served by the division of hearings and
1appeals in the department of administration on all parties. Each party adversely
2affected by the proposed decision shall be given an opportunity to file objections to
3the proposed decision within 15 days, briefly stating the reasons and authorities for
4each objection, and to argue with respect to them before the administrator of the
5division of hearings and appeals. The administrator of the division of hearings and
6appeals may direct whether such argument shall be written or oral. If the decision
7of the administrator of the division of hearings and appeals varies in any respect from
8the decision of the hearing examiner, the decision of the administrator of the division
9of hearings and appeals shall include an explanation of the basis for each variance.
10The decision of the administrator of the division of hearings and appeals is a final
11decision of the agency subject to judicial review under s. 227.52. The department of
12transportation may petition for judicial review.
SB44, s. 2375
13Section
2375. 227.46 (3) (intro.) of the statutes is amended to read:
SB44,930,1614
227.46
(3) (intro.) With respect to contested cases except a hearing or review
15assigned to a hearing examiner under s. 227.43 (1) (bg)
or (bk), an agency may by rule
16or in a particular case may by order:
SB44, s. 2376
17Section
2376
. 227.47 (2) of the statutes is amended to read:
SB44,931,218
227.47
(2) Except as otherwise provided in this subsection, a proposed or final
19decision of the
personnel employment relations commission, hearing examiner or
20arbitrator concerning an appeal of the decision of the secretary of employment
21relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of
22fact or conclusions of law. If within 30 days after the commission issues a decision
23in such an appeal either party files a petition for judicial review of the decision under
24s. 227.53 and files a written notice with the commission that the party has filed such
25a petition, the commission shall issue written findings of fact and conclusions of law
1within 90 days after receipt of the notice. The court shall stay the proceedings
2pending receipt of the findings and conclusions.
SB44, s. 2377
3Section
2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act ....
4(this act), is amended to read:
SB44,931,145
227.47
(2) Except as otherwise provided in this subsection, a proposed or final
6decision of the employment relations commission, hearing examiner or arbitrator
7concerning an appeal of the decision of the secretary of
employment relations 8administration made under s. 230.09 (2) (a) or (d) shall not be accompanied by
9findings of fact or conclusions of law. If within 30 days after the commission issues
10a decision in such an appeal either party files a petition for judicial review of the
11decision under s. 227.53 and files a written notice with the commission that the party
12has filed such a petition, the commission shall issue written findings of fact and
13conclusions of law within 90 days after receipt of the notice. The court shall stay the
14proceedings pending receipt of the findings and conclusions.
SB44, s. 2378
15Section
2378. 227.52 (3) of the statutes is amended to read:
SB44,931,1916
227.52
(3) Those decisions of the division of banking that are subject to review,
17prior to any judicial review, by the banking review board
, and decisions of the division
18of banking relating to savings banks or savings and loan associations, but no other
19institutions subject to the jurisdiction of the division of banking.
SB44, s. 2379
20Section
2379. 227.52 (5) of the statutes is repealed.
SB44, s. 2380
21Section
2380. 227.53 (1) (a) 1. of the statutes is amended to read:
SB44,932,522
227.53
(1) (a) 1. Proceedings for review shall be instituted by serving a petition
23therefor personally or by certified mail upon the agency or one of its officials, and
24filing the petition in the office of the clerk of
the circuit court for the county where
25the judicial review proceedings are to be held. If the agency whose decision is sought
1to be reviewed is the
office of the commissioner of tax appeals
commission, the
2banking review board, the credit union review board,
or the savings
and loan 3institutions review board
or the savings bank review board, the petition shall be
4served upon both the agency whose decision is sought to be reviewed and the
5corresponding named respondent, as specified under par. (b) 1. to
5. 4.
SB44, s. 2381
6Section
2381. 227.53 (1) (b) 1. of the statutes is amended to read:
SB44,932,87
227.53
(1) (b) 1. The
office of the commissioner of tax appeals
commission, the
8department of revenue.
SB44, s. 2382
9Section
2382. 227.53 (1) (b) 4. of the statutes is amended to read:
SB44,932,1310
227.53
(1) (b) 4. The savings
and loan
institutions review board, the division
11of
savings institutions banking, except if the petitioner is the division of
savings
12institutions banking, the prevailing parties before the savings
and loan institutions 13review board shall be the named respondents.
SB44, s. 2383
14Section
2383. 227.53 (1) (b) 5. of the statutes is repealed.
SB44, s. 2384
15Section
2384. 227.53 (1) (d) of the statutes is amended to read:
SB44,932,2316
227.53
(1) (d) Except in the case of the
office of the commissioner of tax appeals
17commission, the banking review board, the credit union review board,
and the
18savings
and loan institutions review board
and the savings bank review board, the
19agency and all parties to the proceeding before it
, shall have the right to participate
20in the proceedings for review. The court may permit other interested persons to
21intervene. Any person petitioning the court to intervene shall serve a copy of the
22petition on each party who appeared before the agency and any additional parties
23to the judicial review at least 5 days prior to the date set for hearing on the petition.
SB44, s. 2385
24Section
2385. 230.03 (8) of the statutes is amended to read:
SB44,933,2
1230.03
(8) "Commission" means the
personnel employment relations 2commission.
SB44, s. 2386
3Section
2386. 230.03 (9) of the statutes is amended to read:
SB44,933,54
230.03
(9) "Department" means the department of
employment relations 5administration.
SB44, s. 2387
6Section
2387. 230.03 (10e) of the statutes is created to read:
SB44,933,87
230.03
(10e) "Division of equal rights" means the division of equal rights in the
8department of workforce development.
SB44, s. 2388
9Section
2388. 230.04 (1) of the statutes is amended to read:
SB44,933,1310
230.04
(1) The secretary is charged with the effective administration of this
11chapter. All powers and duties, necessary to that end, which are not exclusively
12vested by statute in the commission,
the division of equal rights, the administrator
13or appointing authorities, are reserved to the secretary.
SB44, s. 2389
14Section
2389. 230.04 (1m) of the statutes is amended to read:
SB44,934,415
230.04
(1m) The secretary may delegate, in writing, any of his or her functions
16set forth in this chapter to an appointing authority, within prescribed standards if
17the secretary finds that the agency has personnel management capabilities to
18perform such functions effectively and has indicated its approval and willingness to
19accept such responsibility by written agreement. If the secretary determines that
20any agency is not performing such delegated function within prescribed standards,
21the secretary shall forthwith withdraw such delegated function. Subject to the
22approval of the joint committee on finance, the secretary may order transferred to
23the department from the agency to which delegation was made such agency staff and
24other resources as necessary to perform such functions if increased staff was
25authorized to that agency as a consequence of such delegation or if the department
1reduced staff or shifted staff to new responsibilities as a result of such delegation.
2Any delegatory action taken under s. 230.09 (2) (a) or (d) or 230.13 (1) by an
3appointing authority may be appealed to the
personnel commission under s. 230.44
4(1) (b). The secretary shall be a party in such an appeal.
SB44, s. 2390
5Section
2390. 230.04 (7) of the statutes is repealed.
SB44, s. 2391
6Section
2391. 230.05 (2) (a) of the statutes is amended to read:
SB44,934,227
230.05
(2) (a) Except as provided under par. (b), the administrator may
8delegate, in writing, any of his or her functions set forth in this subchapter to an
9appointing authority, within prescribed standards if the administrator finds that the
10agency has personnel management capabilities to perform such functions effectively
11and has indicated its approval and willingness to accept such responsibility by
12written agreement. If the administrator determines that any agency is not
13performing such delegated function within prescribed standards, the administrator
14shall withdraw such delegated function. The administrator may order transfer to
15the division from the agency to which delegation was made such agency staff and
16other resources as necessary to perform such functions if increased staff was
17authorized to that agency as a consequence of such delegation or if the division
18reduced staff or shifted staff to new responsibilities as a result of such delegation
19subject to the approval of the joint committee on finance. Any delegatory action
20taken under this subsection by any appointing authority may be appealed to the
21personnel commission under s. 230.44 (1) (a). The administrator shall be a party in
22such appeal.
SB44, s. 2392
23Section
2392. 230.08 (2) (e) 1. of the statutes is amended to read:
SB44,934,2424
230.08
(2) (e) 1. Administration —
10 13.
SB44, s. 2393
25Section
2393. 230.08 (2) (e) 2. of the statutes is amended to read:
SB44,935,1
1230.08
(2) (e) 2. Agriculture, trade and consumer protection —
6 5.
SB44, s. 2394
2Section
2394. 230.08 (2) (e) 3. of the statutes is amended to read:
SB44,935,33
230.08
(2) (e) 3. Commerce —
7
6.