AB163,133,2
1565.01
(4d) "Minority business" means a business certified
by the department
2of administration under s.
16.287 203.07 (2).
AB163,522
3Section
522. 565.01 (4e) of the statutes is amended to read:
AB163,133,54
565.01
(4e) "Minority group member" has the meaning given in s.
16.287 5203.07 (1) (f).
AB163,523
6Section
523. 601.415 (9) of the statutes is amended to read:
AB163,133,127
601.415
(9) Consumer credit law. The commissioner shall cooperate with the
8division of banking department of financial institutions and professional standards 9in the administration of ch. 424, shall determine the method for computation of
10refunds under s. 424.205, shall approve forms, schedules of premium rates
, and
11charges under s. 424.209
, and shall issue rules or orders of compliance to insurers
12under s. 424.602.
AB163,524
13Section
524. 601.72 (1) (intro.) of the statutes is amended to read:
AB163,133,2014
601.72
(1) General. (intro.) Under procedures specified in s. 601.73, the
15commissioner is by law constituted attorney, except in cases in which the proceeding
16is to be brought by the state against an insurer or intermediary other than a risk
17retention group or risk purchasing group, in which event the department of financial
18institutions
and professional standards is by law constituted attorney, to receive
19service of summons, notices, orders, pleadings and all other legal process relating to
20any court or administrative agency in this state for all of the following:
AB163,525
21Section
525. 601.72 (2) of the statutes is amended to read:
AB163,134,222
601.72
(2) Appointment of attorney. Except as provided in sub. (2m), every
23licensed insurer by applying for and receiving a certificate of authority, every surplus
24lines insurer by entering into a contract subject to the surplus lines law, and every
25unauthorized insurer by doing an insurance business in this state, is deemed to have
1irrevocably appointed the commissioner and department of financial institutions
2and professional standards as the insurer's attorneys in accordance with sub. (1).
AB163,526
3Section
526. 601.72 (3) of the statutes is amended to read:
AB163,134,74
601.72
(3) Others affected. The commissioner and department of financial
5institutions
and professional standards shall also be attorneys for the personal
6representatives, receivers, trustees, or other successors in interest of the persons
7specified in sub. (1).
AB163,527
8Section
527. 601.73 (1) (intro.) of the statutes is amended to read:
AB163,134,119
601.73
(1) Requirements for effective service. (intro.) Service upon the
10commissioner or department of financial institutions
and professional standards 11under s. 601.72 is service on the principal, if:
AB163,528
12Section
528. 601.73 (1) (a) of the statutes is amended to read:
AB163,134,1513
601.73
(1) (a) Two copies of the process are left in the hands or office of the
14commissioner or department of financial institutions
and professional standards 15respectively; and
AB163,529
16Section
529. 601.73 (1) (b) of the statutes is amended to read:
AB163,134,1917
601.73
(1) (b) The commissioner or department of financial institutions
and
18professional standards mails a copy of the process to the person served according to
19sub. (2) (b).
AB163,530
20Section
530. 601.73 (2) (a) of the statutes is amended to read:
AB163,134,2321
601.73
(2) (a)
Records. The commissioner and department of financial
22institutions
and professional standards shall give receipts for and keep records of all
23process served through them.
AB163,531
24Section
531. 601.73 (2) (b) of the statutes is amended to read:
AB163,135,5
1601.73
(2) (b)
Process mailed. The commissioner or department of financial
2institutions
and professional standards shall send immediately by certified mail to
3the person served, at the person's last-known principal place of business, residence
4or post-office address or at an address designated in writing by the person, one copy
5of any process received and shall retain the other copy.
AB163,532
6Section
532. 601.73 (3) of the statutes is amended to read:
AB163,135,117
601.73
(3) Proof of service. A certificate by the commissioner or the
8department of financial institutions
and professional standards, showing service
9made upon the commissioner or department of financial institutions
and
10professional standards, and attached to a copy of the process presented for that
11purpose is sufficient evidence of the service.
AB163,533
12Section
533. 601.93 (2) of the statutes is amended to read:
AB163,135,2413
601.93
(2) Every insurer doing a fire insurance business in this state shall,
14before March 1 in each year, file with the commissioner a statement, showing the
15amount of premiums upon fire insurance due for the preceding calendar year.
16Return premiums may be deducted in determining the premium on which the fire
17department dues are computed. Payments of quarterly installments of the total
18estimated payment for the then current calendar year under this subsection are due
19on or before April 15, June 15, September 15 and December 15. On March 1 the
20insurer shall pay any additional amounts due for the preceding calendar year.
21Overpayments will be credited on the amount due April 15. The commissioner shall,
22prior to May 1 each year, report to the department of
safety and professional services 23financial institutions and professional standards the amount of dues paid under this
24subsection and to be paid under s. 101.573 (1).
AB163,534
25Section
534. 610.70 (1) (a) of the statutes is amended to read:
AB163,136,4
1610.70
(1) (a) "Health care provider" means any person licensed, registered,
2permitted or certified by the department of health services or the department of
3safety and professional services financial institutions and professional standards to
4provide health care services, items or supplies in this state.
AB163,535
5Section
535. 611.29 (1) of the statutes is amended to read:
AB163,136,136
611.29
(1) Right to amend articles. A stock corporation may amend its articles
7under ss. 180.0726, 180.1001 to 180.1007, 180.1706, 180.1707 and 180.1708 (4) and
8a mutual may amend its articles under ss. 181.1001, 181.1002 (1), 181.1003,
9181.1005 and 181.1006, except that papers required by those sections to be filed with
10the department of financial institutions
and professional standards shall instead be
11filed with the commissioner. Subject to sub. (3), the stock corporation or mutual may
12amend its articles in any desired respect including substantial changes of its original
13purposes. No amendment may be made contrary to s. 611.12 (1) to (3).
AB163,536
14Section
536. 611.72 (1) of the statutes is amended to read:
AB163,136,1915
611.72
(1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1106,
16180.1706, 180.1707, and 180.1708 (5) apply to the merger of a domestic stock
17insurance corporation or its parent insurance holding corporation, except that
18papers required by those sections to be filed with the department of financial
19institutions
and professional standards shall instead be filed with the commissioner.
AB163,537
20Section
537. 611.73 (1) (a) of the statutes is amended to read:
AB163,136,2421
611.73
(1) (a)
In general. Any 2 or more domestic mutuals may merge under
22the procedures of this section and ss. 181.1105 and 181.1106, except that papers
23required by those sections to be filed with the department of financial institutions
24and professional standards shall instead be filed with the commissioner.
AB163,538
25Section
538. 611.74 (1) of the statutes is amended to read:
AB163,137,15
1611.74
(1) Plan of dissolution. At least 60 days prior to the submission to
2shareholders or policyholders of any proposed voluntary dissolution of an insurance
3corporation under s. 180.1402 or 181.1401 the plan shall be filed with the
4commissioner. The commissioner may require the submission of additional
5information to establish the financial condition of the corporation or other facts
6relevant to the proposed dissolution. If the shareholders or policyholders adopt the
7resolution to dissolve, the commissioner shall, within 30 days after the adoption of
8the resolution, begin to examine the corporation. The commissioner shall approve
9the dissolution unless, after a hearing, the commissioner finds that it is insolvent or
10may become insolvent in the process of dissolution. Subject to chs. 600 to 645, upon
11approval, the corporation may dissolve under ss. 180.1402 to 180.1408 and 180.1706,
12or ss. 181.1401 to 181.1407, except that papers required by those sections to be filed
13with the department of financial institutions
and professional standards shall
14instead be filed with the commissioner. Upon disapproval, the commissioner shall
15petition the court for liquidation or for rehabilitation under ch. 645.
AB163,539
16Section
539. 611.76 (11) of the statutes is amended to read:
AB163,137,2017
611.76
(11) Security regulation. The filing with the
division of securities 18department of financial institutions and professional standards of a certified copy of
19the plan of conversion as approved by the commissioner constitutes registration
20under s. 551.305 of the securities authorized to be issued thereunder.
AB163,540
21Section
540. 613.01 (8) (title) of the statutes is amended to read:
AB163,137,2322
613.01
(8) (title)
Department of financial institutions and professional
23standards.
AB163,541
24Section
541. 616.09 (1) (c) 2. of the statutes is amended to read:
AB163,138,5
1616.09
(1) (c) 2. In all actions commenced after May 11, 1980,
but before the
2effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185
3which apply under subd. 1. to plans authorized under s. 616.06, "department" shall
4be deemed to read "department of financial institutions and commissioner", except
5in s. 185.48, where "department" shall be deemed to read "commissioner".
AB163,542
6Section
542. 616.09 (1) (c) 3. of the statutes is created to read:
AB163,138,117
616.09
(1) (c) 3. In all actions commenced on or after the effective date of this
8subdivision .... [LRB inserts date], in those provisions of ch. 185 that apply under
9subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read
10"department of financial institutions and professional standards and commissioner,"
11except in s. 185.48, where "department" shall be deemed to read "commissioner."
AB163,543
12Section
543. 616.74 (1) (c) of the statutes is amended to read:
AB163,138,1813
616.74
(1) (c) A certificate from the department of financial institutions
and
14professional standards, if it is a nonprofit corporation, that it has complied with the
15corporation laws of this state; if it is a corporation the stock of which has been or is
16being sold to the general public, a certificate from the
division of securities 17department of financial institutions and professional standards that it has complied
18with the requirements of the securities law of this state.
AB163,544
19Section
544. 632.10 (1) of the statutes is amended to read:
AB163,138,2420
632.10
(1) "Building and safety standards" means the requirements of chs. 101
21and 145 and of any rule promulgated by the department
of safety and professional
22services of financial institutions and professional standards under ch. 101 or 145,
23and standards of a 1st class city relating to the health and safety of occupants of
24buildings.
AB163,545
25Section
545. 644.09 (2) of the statutes is amended to read:
AB163,139,17
1644.09
(2) Amendment of articles. A mutual holding company may amend its
2articles in the manner provided in ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and
3181.1006, except that papers required by those sections to be filed with the
4department of financial institutions
and professional standards shall instead be filed
5with the commissioner. The articles may be amended in any desired respect,
6including substantial changes of its original purposes, except that no amendment
7may be made that is contrary to sub. (1). In addition to the requirements of s.
8181.1005, the articles of amendment of a mutual holding company shall, if mail
9voting is used, state the number of members voting by mail and the number of such
10members voting for and against the amendment. No amendment may become
11effective until the articles of amendment have been filed with the commissioner. No
12amendment shall affect any existing cause of action in favor of or against such
13mutual holding company, any civil, criminal, administrative or investigatory
14proceeding to which the mutual holding company is a party or the existing rights of
15persons other than members. In the event that the corporate name is changed by
16amendment, no suit brought by or against such mutual holding company under its
17former name shall abate for that reason.
AB163,546
18Section
546. 766.565 (7) of the statutes is amended to read:
AB163,139,2219
766.565
(7) With respect to consumer credit transactions, the
division of
20banking department of financial institutions and professional standards may
21promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the
22purposes and policies of this chapter and chs. 421 to 427.
AB163,547
23Section
547. 813.16 (7) of the statutes is amended to read:
AB163,140,624
813.16
(7) If the person seeking the appointment of a receiver under sub. (1)
25is a savings and loan association or savings bank supervised by the
division of
1banking department of financial institutions and professional standards or a
2corporation supervised by the home loan bank board, federal office of thrift
3supervision, federal deposit insurance corporation, or resolution trust corporation,
4the court, unless the opposing party objects, shall appoint an officer of such
5corporation as receiver to act without compensation and to give such bond as the
6court requires.
AB163,548
7Section
548. 940.207 (title) of the statutes is amended to read:
AB163,140,10
8940.207 (title)
Battery or threat to department of safety and
9professional services financial institutions and professional standards or
10department of workforce development employee.
AB163,549
11Section
549. 940.207 (2) (intro.) of the statutes is amended to read:
AB163,140,1812
940.207
(2) (intro.) Whoever intentionally causes bodily harm or threatens to
13cause bodily harm to the person or family member of any department of
safety and
14professional services financial institutions and professional standards official,
15employee, or agent whose responsibilities are primarily related to the buildings and
16safety or professional regulation functions of that department, or
any department of
17workforce development official, employee
, or agent
, under all of the following
18circumstances is guilty of a Class H felony:
AB163,550
19Section
550. 940.207 (2) (a) of the statutes is amended to read:
AB163,140,2320
940.207
(2) (a) At the time of the act or threat, the actor knows or should have
21known that the victim is a department of
safety and professional services financial
22institutions and professional standards or department of workforce development
23official, employee
, or agent or a member of his or her family.
AB163,551
24Section
551. 944.21 (8) (b) 3. a. of the statutes is amended to read:
AB163,141,4
1944.21
(8) (b) 3. a. Is a technical college, is a school
approved authorized by the
2educational approval board under s. 38.50 department of financial institutions and
3professional standards under s. 440.52, or is a school described in s.
38.50 440.52 (1)
4(e) 6., 7. or 8.; and
AB163,552
5Section
552. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB163,141,96
948.11
(4) (b) 3. a. Is a technical college, is a school
approved authorized by the
7educational approval board under s. 38.50 department of financial institutions and
8professional standards under s. 440.52, or is a school described in s.
38.50 440.52 (1)
9(e) 6., 7. or 8.; and
AB163,553
10Section
553. 978.05 (6) (a) of the statutes is amended to read:
AB163,141,2311
978.05
(6) (a) Institute, commence or appear in all civil actions or special
12proceedings under and perform the duties set forth for the district attorney under ch.
13980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36,
89.08, 103.50 (8),
14103.92 (4), 109.09, 343.305 (9) (a),
453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and
15(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
16in connection with court proceedings in a court assigned to exercise jurisdiction
17under chs. 48 and 938 as the judge may request and perform all appropriate duties
18and appear if the district attorney is designated in specific statutes, including
19matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
20paragraph limits the authority of the county board to designate, under s. 48.09 (5),
21that the corporation counsel provide representation as specified in s. 48.09 (5) or to
22designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
23person to represent the interests of the public under s. 48.14 or 938.14.
AB163,554
24Section
554. 995.55 (1) (b) of the statutes is amended to read:
AB163,142,5
1995.55
(1) (b) "Educational institution" means an institution of higher
2education, as defined in s. 108.02 (18); a technical college established under s. 38.02;
3a school, as defined in s.
38.50 440.52 (11) (a) 2.; a public school, as described in s.
4115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined
5in s. 115.001 (3r); or a private educational testing service or administrator.
AB163,9101
6Section 9101.
Nonstatutory provisions; Administration.
AB163,142,7
7(1)
Transfer of business certification programs.
AB163,142,13
8(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
9liabilities of the department of administration primarily related to disabled
10veteran-owned business certifications, woman-owned business certifications, and
11minority business certifications, as determined by the secretary of administration,
12become the assets and liabilities of the department of financial institutions and
13professional standards.
AB163,142,20
14(b)
Positions and employees. On the effective date of this paragraph, all
15positions and all incumbent employees in the classified service of the state civil
16service holding those positions in the department of administration performing
17duties primarily related to disabled veteran-owned business certifications,
18woman-owned business certifications, and minority business certifications, as
19determined by the secretary of administration, are transferred to the department of
20financial institutions and professional standards.
AB163,143,2
21(c)
Employee status. Employees transferred under paragraph (b
) have all the
22rights and the same status under chapter 230 of the statutes in the department of
23financial institutions and professional standards that they enjoyed in the
24department of administration immediately before the transfer. Notwithstanding
1section 230.28 (4) of the statutes, no employee so transferred who has attained
2permanent status in class is required to serve a probationary period.
AB163,143,8
3(d)
Tangible personal property. On the effective date of this paragraph, all
4tangible personal property, including records, of the department of administration
5primarily related to disabled veteran-owned business certifications, woman-owned
6business certifications, and minority business certifications, as determined by the
7secretary of administration, is transferred to the department of financial institutions
8and professional standards.
AB163,143,17
9(e)
Pending matters. Any matter pending with the department of
10administration on the effective date of this paragraph that is primarily related to
11disabled veteran-owned business certifications, woman-owned business
12certifications, and minority business certifications, as determined by the secretary
13of administration, is transferred to the department of financial institutions and
14professional standards. All materials submitted to or actions taken by the
15department of administration with respect to the pending matter are considered as
16having been submitted to or taken by the department of financial institutions and
17professional standards.
AB163,143,25
18(f)
Contracts. All contracts entered into by the department of administration
19in effect on the effective date of this paragraph that are primarily related to disabled
20veteran-owned business certifications, woman-owned business certifications, and
21minority business certifications, as determined by the secretary of administration,
22remain in effect and are transferred to the department of financial institutions and
23professional standards. The department of financial institutions and professional
24standards shall carry out any obligations under those contracts unless modified or
25rescinded by that department to the extent allowed under the contract.
AB163,144,12
1(g)
Rules and orders. All rules promulgated by the department of
2administration primarily related to disabled veteran-owned business certifications,
3woman-owned business certifications, and minority business certifications, as
4determined by the secretary of administration, that are in effect on the effective date
5of this paragraph remain in effect until their specified expiration dates or until
6amended or repealed by the department of financial institutions and professional
7standards. All orders issued by the department of administration primarily related
8to disabled veteran-owned business certifications, woman-owned business
9certifications, and minority business certifications, as determined by the secretary
10of administration, that are in effect on the effective date of this paragraph remain
11in effect until their specified expiration dates or until modified or rescinded by the
12department of financial institutions and professional standards.
AB163,144,1413
(2)
Transfer of small business regulatory review board and office of
14business development.
AB163,144,1915
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
16liabilities of the department of administration primarily related to the small
17business regulatory review board and the office of business development, as
18determined by the secretary of administration, become the assets and liabilities of
19the department of financial institutions and professional standards.
AB163,144,2420
(b)
Tangible personal property. On the effective date of this paragraph, all
21tangible personal property, including records, of the department of administration
22primarily related to the small business regulatory review board and the office of
23business development, as determined by the secretary of administration, is
24transferred to the department of financial institutions and professional standards.
AB163,145,8
1(c)
Pending matters. Any matter pending with the department of
2administration on the effective date of this paragraph that is primarily related to the
3small business regulatory review board and the office of business development, as
4determined by the secretary of administration, is transferred to the department of
5financial institutions and professional standards. All materials submitted to or
6actions taken by the department of administration with respect to the pending
7matter are considered as having been submitted to or taken by the department of
8financial institutions and professional standards.
AB163,145,169
(d)
Contracts. All contracts entered into by the department of administration
10in effect on the effective date of this paragraph that are primarily related to the small
11business regulatory review board and the office of business development, as
12determined by the secretary of administration, remain in effect and are transferred
13to the department of financial institutions and professional standards. The
14department of financial institutions and professional standards shall carry out any
15obligations under those contracts unless modified or rescinded by that department
16to the extent allowed under the contract.
AB163,9114
17Section 9114.
Nonstatutory provisions; Financial Institutions.
AB163,145,18
18(1)
Merger with other agencies; name changes.
AB163,145,19
19(a)
Agency name change.
AB163,145,22
201. Wherever the term "department of financial institutions" appears in the
21statutes, as affected by the acts of 2015, the term "department of financial
22institutions and professional standards" is substituted.
AB163,145,25
232. Wherever the term "secretary of financial institutions" appears in the
24statutes, as affected by the acts of 2015, the term "secretary of financial institutions
25and professional standards" is substituted.
AB163,146,1
1(b)
Elimination of division of securities.
AB163,146,5
21. Wherever the term "division of securities" or "division" appears in chapters
3551, 552, and 553 of the statutes, as affected by the acts of 2015, the term
4"department" is substituted, except in sections 551.202 (26) (h) and (i) and 552.03 (1)
5(e) of the statutes.
AB163,146,7
62. Wherever the term "division's" appears in ch. 553 of the statutes, as affected
7by the acts of 2015, the term "department's" is substituted.