AB163: Bill Text

AB163,517 Section 517. 553.03 (2m) of the statutes is created to read:

AB163,131,17 553.03 (2m) "Department" means the department of financial institutions and professional standards.

AB163,518 Section 518. 553.03 (3) of the statutes is repealed.

AB163,519 Section 519. 553.605 (2) of the statutes is amended to read:

AB163,132,3 553.605 (2) Investor education. All moneys collected from the administrative assessment under sub. (1) shall be credited to the appropriation under s. 20.144 (1) 20.142 (2) (i). Subject to s. 20.144 (1) 20.142 (2) (i), the division department shall use moneys credited to that appropriation to provide information to residents of this state about franchise investments to help investors and potential investors evaluate their investment decisions, protect themselves from false, fraudulent or deceptive practices in connection with the offer, sale or purchase of a franchise, be alert for false or misleading advertising or other harmful practices, and know their rights as investors.

AB163,520 Section 520. 553.73 of the statutes is amended to read:

AB163,132,23 553.73 Service of process. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, whether or not the person has filed a consent to service of process under s. 553.27 (10), and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the division department to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor or personal representative that grows out of that conduct and that is brought under this law or any rule or order under this chapter, with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process at the office of the division secretary of the department, but it is not effective unless the plaintiff, who may be the division department in a suit, action, or proceeding instituted by the division department, immediately sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last-known address or takes other steps that are reasonably calculated to give actual notice, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within any further time that the court allows.

AB163,521 Section 521. 565.01 (4d) of the statutes is amended to read:

AB163,133,2 565.01 (4d) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

AB163,522 Section 522. 565.01 (4e) of the statutes is amended to read:

AB163,133,5 565.01 (4e) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,523 Section 523. 601.415 (9) of the statutes is amended to read:

AB163,133,12 601.415 (9) Consumer credit law. The commissioner shall cooperate with the division of banking department of financial institutions and professional standards in the administration of ch. 424, shall determine the method for computation of refunds under s. 424.205, shall approve forms, schedules of premium rates, and charges under s. 424.209, and shall issue rules or orders of compliance to insurers under s. 424.602.

AB163,524 Section 524. 601.72 (1) (intro.) of the statutes is amended to read:

AB163,133,20 601.72 (1) General. (intro.) Under procedures specified in s. 601.73, the commissioner is by law constituted attorney, except in cases in which the proceeding is to be brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, in which event the department of financial institutions and professional standards is by law constituted attorney, to receive service of summons, notices, orders, pleadings and all other legal process relating to any court or administrative agency in this state for all of the following:

AB163,525 Section 525. 601.72 (2) of the statutes is amended to read:

AB163,134,2 601.72 (2) Appointment of attorney. Except as provided in sub. (2m), every licensed insurer by applying for and receiving a certificate of authority, every surplus lines insurer by entering into a contract subject to the surplus lines law, and every unauthorized insurer by doing an insurance business in this state, is deemed to have irrevocably appointed the commissioner and department of financial institutions and professional standards as the insurer's attorneys in accordance with sub. (1).

AB163,526 Section 526. 601.72 (3) of the statutes is amended to read:

AB163,134,7 601.72 (3) Others affected. The commissioner and department of financial institutions and professional standards shall also be attorneys for the personal representatives, receivers, trustees, or other successors in interest of the persons specified in sub. (1).

AB163,527 Section 527. 601.73 (1) (intro.) of the statutes is amended to read:

AB163,134,11 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or department of financial institutions and professional standards under s. 601.72 is service on the principal, if:

AB163,528 Section 528. 601.73 (1) (a) of the statutes is amended to read:

AB163,134,15 601.73 (1) (a) Two copies of the process are left in the hands or office of the commissioner or department of financial institutions and professional standards respectively; and

AB163,529 Section 529. 601.73 (1) (b) of the statutes is amended to read:

AB163,134,19 601.73 (1) (b) The commissioner or department of financial institutions and professional standards mails a copy of the process to the person served according to sub. (2) (b).

AB163,530 Section 530. 601.73 (2) (a) of the statutes is amended to read:

AB163,134,23 601.73 (2) (a) Records. The commissioner and department of financial institutions and professional standards shall give receipts for and keep records of all process served through them.

AB163,531 Section 531. 601.73 (2) (b) of the statutes is amended to read:

AB163,135,5 601.73 (2) (b) Process mailed. The commissioner or department of financial institutions and professional standards shall send immediately by certified mail to the person served, at the person's last-known principal place of business, residence or post-office address or at an address designated in writing by the person, one copy of any process received and shall retain the other copy.

AB163,532 Section 532. 601.73 (3) of the statutes is amended to read:

AB163,135,11 601.73 (3) Proof of service. A certificate by the commissioner or the department of financial institutions and professional standards, showing service made upon the commissioner or department of financial institutions and professional standards, and attached to a copy of the process presented for that purpose is sufficient evidence of the service.

AB163,533 Section 533. 601.93 (2) of the statutes is amended to read:

AB163,135,24 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly installments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of safety and professional services financial institutions and professional standards the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

AB163,534 Section 534. 610.70 (1) (a) of the statutes is amended to read:

AB163,136,4 610.70 (1) (a) "Health care provider" means any person licensed, registered, permitted or certified by the department of health services or the department of safety and professional services financial institutions and professional standards to provide health care services, items or supplies in this state.

AB163,535 Section 535. 611.29 (1) of the statutes is amended to read:

AB163,136,13 611.29 (1) Right to amend articles. A stock corporation may amend its articles under ss. 180.0726, 180.1001 to 180.1007, 180.1706, 180.1707 and 180.1708 (4) and a mutual may amend its articles under ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and 181.1006, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. Subject to sub. (3), the stock corporation or mutual may amend its articles in any desired respect including substantial changes of its original purposes. No amendment may be made contrary to s. 611.12 (1) to (3).

AB163,536 Section 536. 611.72 (1) of the statutes is amended to read:

AB163,136,19 611.72 (1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1106, 180.1706, 180.1707, and 180.1708 (5) apply to the merger of a domestic stock insurance corporation or its parent insurance holding corporation, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner.

AB163,537 Section 537. 611.73 (1) (a) of the statutes is amended to read:

AB163,136,24 611.73 (1) (a) In general. Any 2 or more domestic mutuals may merge under the procedures of this section and ss. 181.1105 and 181.1106, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner.

AB163,538 Section 538. 611.74 (1) of the statutes is amended to read:

AB163,137,15 611.74 (1) Plan of dissolution. At least 60 days prior to the submission to shareholders or policyholders of any proposed voluntary dissolution of an insurance corporation under s. 180.1402 or 181.1401 the plan shall be filed with the commissioner. The commissioner may require the submission of additional information to establish the financial condition of the corporation or other facts relevant to the proposed dissolution. If the shareholders or policyholders adopt the resolution to dissolve, the commissioner shall, within 30 days after the adoption of the resolution, begin to examine the corporation. The commissioner shall approve the dissolution unless, after a hearing, the commissioner finds that it is insolvent or may become insolvent in the process of dissolution. Subject to chs. 600 to 645, upon approval, the corporation may dissolve under ss. 180.1402 to 180.1408 and 180.1706, or ss. 181.1401 to 181.1407, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. Upon disapproval, the commissioner shall petition the court for liquidation or for rehabilitation under ch. 645.

AB163,539 Section 539. 611.76 (11) of the statutes is amended to read:

AB163,137,20 611.76 (11) Security regulation. The filing with the division of securities department of financial institutions and professional standards of a certified copy of the plan of conversion as approved by the commissioner constitutes registration under s. 551.305 of the securities authorized to be issued thereunder.

AB163,540 Section 540. 613.01 (8) (title) of the statutes is amended to read:

AB163,137,23 613.01 (8) (title) Department of financial institutions and professional standards.

AB163,541 Section 541. 616.09 (1) (c) 2. of the statutes is amended to read:

AB163,138,5 616.09 (1) (c) 2. In all actions commenced after May 11, 1980, but before the effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185 which apply under subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read "department of financial institutions and commissioner", except in s. 185.48, where "department" shall be deemed to read "commissioner".

AB163,542 Section 542. 616.09 (1) (c) 3. of the statutes is created to read:

AB163,138,11 616.09 (1) (c) 3. In all actions commenced on or after the effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185 that apply under subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read "department of financial institutions and professional standards and commissioner," except in s. 185.48, where "department" shall be deemed to read "commissioner."

AB163,543 Section 543. 616.74 (1) (c) of the statutes is amended to read:

AB163,138,18 616.74 (1) (c) A certificate from the department of financial institutions and professional standards, if it is a nonprofit corporation, that it has complied with the corporation laws of this state; if it is a corporation the stock of which has been or is being sold to the general public, a certificate from the division of securities department of financial institutions and professional standards that it has complied with the requirements of the securities law of this state.

AB163,544 Section 544. 632.10 (1) of the statutes is amended to read:

AB163,138,24 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of safety and professional services of financial institutions and professional standards under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

AB163,545 Section 545. 644.09 (2) of the statutes is amended to read:

AB163,139,17 644.09 (2) Amendment of articles. A mutual holding company may amend its articles in the manner provided in ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and 181.1006, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. The articles may be amended in any desired respect, including substantial changes of its original purposes, except that no amendment may be made that is contrary to sub. (1). In addition to the requirements of s. 181.1005, the articles of amendment of a mutual holding company shall, if mail voting is used, state the number of members voting by mail and the number of such members voting for and against the amendment. No amendment may become effective until the articles of amendment have been filed with the commissioner. No amendment shall affect any existing cause of action in favor of or against such mutual holding company, any civil, criminal, administrative or investigatory proceeding to which the mutual holding company is a party or the existing rights of persons other than members. In the event that the corporate name is changed by amendment, no suit brought by or against such mutual holding company under its former name shall abate for that reason.

AB163,546 Section 546. 766.565 (7) of the statutes is amended to read:

AB163,139,22 766.565 (7) With respect to consumer credit transactions, the division of banking department of financial institutions and professional standards may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.

AB163,547 Section 547. 813.16 (7) of the statutes is amended to read:

AB163,140,6 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking department of financial institutions and professional standards or a corporation supervised by the home loan bank board, federal office of thrift supervision, federal deposit insurance corporation, or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

AB163,548 Section 548. 940.207 (title) of the statutes is amended to read:

AB163,140,10 940.207 (title) Battery or threat to department of safety and professional services financial institutions and professional standards or department of workforce development employee.

AB163,549 Section 549. 940.207 (2) (intro.) of the statutes is amended to read:

AB163,140,18 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of safety and professional services financial institutions and professional standards official, employee, or agent whose responsibilities are primarily related to the buildings and safety or professional regulation functions of that department, or any department of workforce development official, employee, or agent , under all of the following circumstances is guilty of a Class H felony:

AB163,550 Section 550. 940.207 (2) (a) of the statutes is amended to read:

AB163,140,23 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of safety and professional services financial institutions and professional standards or department of workforce development official, employee, or agent or a member of his or her family.

AB163,551 Section 551. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB163,141,4 944.21 (8) (b) 3. a. Is a technical college, is a school approved authorized by the educational approval board under s. 38.50 department of financial institutions and professional standards under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB163,552 Section 552. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB163,141,9 948.11 (4) (b) 3. a. Is a technical college, is a school approved authorized by the educational approval board under s. 38.50 department of financial institutions and professional standards under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB163,553 Section 553. 978.05 (6) (a) of the statutes is amended to read:

AB163,141,23 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB163,554 Section 554. 995.55 (1) (b) of the statutes is amended to read:

AB163,142,5 995.55 (1) (b) "Educational institution" means an institution of higher education, as defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as defined in s. 38.50 440.52 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or a private educational testing service or administrator.

AB163,9101 Section 9101. Nonstatutory provisions; Administration.

AB163,142,7 (1) Transfer of business certification programs.

AB163,142,13 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards.

AB163,142,20 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of administration performing duties primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

AB163,143,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions and professional standards that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB163,143,8 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

AB163,143,17 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,143,25 (f) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,144,12 (g) Rules and orders. All rules promulgated by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. All orders issued by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

AB163,144,14 (2) Transfer of small business regulatory review board and office of business development.

AB163,144,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards.

AB163,144,24 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

AB163,145,8 (c) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,145,16 (d) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.