AB163: Bill Text

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.

AB163,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

AB163,145,18 (1) Merger with other agencies; name changes.

AB163,145,19 (a) Agency name change.

AB163,145,22 1. Wherever the term "department of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

AB163,145,25 2. Wherever the term "secretary of financial institutions" appears in the statutes, as affected by the acts of 2015, the term "secretary of financial institutions and professional standards" is substituted.

AB163,146,1 (b) Elimination of division of securities.

AB163,146,5 1. Wherever the term "division of securities" or "division" appears in chapters 551, 552, and 553 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in sections 551.202 (26) (h) and (i) and 552.03 (1) (e) of the statutes.

AB163,146,7 2. Wherever the term "division's" appears in ch. 553 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

AB163,146,8 (c) Elimination of division of banking.

AB163,146,12 1. Wherever the term "division of banking" appears in chapters 34, 138, and 227, subchapter I of chapter 218, and sections 214.592 and 215.141 of the statutes, as affected by the acts of 2015, the term "department of financial institutions and professional standards" is substituted.

AB163,146,16 2. Wherever the term "division" appears in chapters 214, 215, and 217, subchapters II, III, and IV of chapter 218, and sections 138.09, 138.12, 138.14, and 138.16 of the statutes, as affected by the acts of 2015, the term "department" is substituted.

AB163,146,19 3. Wherever the term "division" or "division of banking" appears in chapters 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department" is substituted, except in section 224.77 (1m) (b) of the statutes.

AB163,146,22 4. Wherever the term "division's" appears in chs. 138, 214, 215, 217, 218, 220, 221, 222, 223, and 224 of the statutes, as affected by the acts of 2015, the term "department's" is substituted.

AB163,146,23 (2) Elimination of the department of financial institutions.

AB163,147,3 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of financial institutions become the assets and liabilities of the department of financial institutions and professional standards.

AB163,147,8 (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 financial institutions, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

AB163,147,15 (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 or department of administration, whichever is appropriate, that they enjoyed in the department of financial institutions 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.

AB163,147,19 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of financial institutions is transferred to the department of financial institutions and professional standards.

AB163,147,25 (e) Pending matters. Any matter pending with the department of financial institutions on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of financial institutions are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,148,6 (f) Contracts. All contracts entered into by the department of financial institutions in effect on the effective date of this paragraph 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.

AB163,148,13 (g) Rules and orders. All rules promulgated by the department of financial institutions 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 financial institutions 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.

AB163,9118 Section 9118. Nonstatutory provisions; Health Services.

AB163,148,16 (1) Transfer of body art and tanning facility regulation functions to the department of financial institutions and professional standards.

AB163,148,21 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., become the assets and liabilities of the department of financial institutions and professional standards.

AB163,149,2 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

AB163,149,11 (c) Pending matters. Any matter pending with the department of health services that is primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,149,19 (d) Contracts. All contracts entered into by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., in effect on the effective date of this paragraph 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.

AB163,150,6 (e) Rules and orders. All rules in chapters DHS 161 and DHS 173, Wisconsin Administrative Code, and any other rules promulgated by the department of health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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 health services that are primarily related to the regulation of tattooing, body piercing, and tanning under section 255.08, 2013 stats., and sections 252.23 to 252.25, 2013 stats., 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.

AB163,150,10 (f) Credential fees. Notwithstanding ss. 463.10 (3), 463.12 (3), and 463.25 (2) (b), fees for the issuance and renewal of licenses and permits issued under ss. 463.10, 463.12, and 463.25 shall, for years 2015 and 2016, be according to the rules described under paragraph (e).

AB163,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB163,150,14 (1) Agency name change. Wherever the term "safety and professional services" appears in the statutes, as affected by the acts of 2015, the term "financial institutions and professional standards" is substituted.

AB163,150,15 (2) Elimination of the department of safety and professional services.

AB163,150,19 (a) Assets and liabilities. Except as provided in subsections (3) and (4), on the effective date of this paragraph, the assets and liabilities of the department of safety and professional services become the assets and liabilities of the department of financial institutions and professional standards.

AB163,151,2 (b) Positions and employees. Except as provided in subsections (3 ) and (4), 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 safety and professional services, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

AB163,151,8 (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 safety and professional services 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.

AB163,151,12 (d) Tangible personal property. Except as provided in subsections (3) and (4), on the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services is transferred to the department of financial institutions and professional standards.

AB163,151,19 (e) Pending matters. Except as provided in subsections (3 ) and (4), any matter pending with the department of safety and professional services on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. Except as provided in subsections (3) and (4), all materials submitted to or actions taken by the department of safety and professional services are considered as having been submitted to or taken by the department of financial institutions and professional standards.

AB163,152,2 (f) Contracts. Except as provided in subsections (3 ) and (4), all contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph 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.

AB163,152,11 (g) Rules and orders. Except as provided in subsections (3 ) and (4), all rules promulgated by the department of safety and professional services 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. Except as provided in subsections (3) and (4), all orders issued by the department of safety and professional services 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.

AB163,152,12 (3) Transfer of private on-site wastewater treatment systems.

AB163,152,17 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, become the assets and liabilities of the department of natural resources.

AB163,152,23 (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 safety and professional services with duties that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are transferred to the department of natural resources.

AB163,153,4 (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 natural resources that they enjoyed in the department of safety and professional services 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.

AB163,153,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources.

AB163,153,18 (e) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources. All materials submitted to or actions taken by the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are considered as having been submitted to or taken by the department of natural resources.

AB163,153,25 (f) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

AB163,154,10 (g) Rules and orders. All rules promulgated by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of natural resources. All orders issued by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of natural resources.

AB163,154,11 (4) Transfer of veterinary examining board.

AB163,154,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

AB163,154,21 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade, and consumer protection.

AB163,155,4 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB163,155,12 (d) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

AB163,155,18 (e) Fees. All fees for initial licenses, certifications, and other credentials, and for renewals of those licenses, certifications, and other credentials, under chapter 453 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of agriculture, trade and consumer protection under section 89.063 of the statutes, as created by this act.