Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1090,23 (6) Certain liabilities. This section does not limit investment in the liabilities described in s. 222.0403 (8).

SB55-ASA1-AA1,1090,25 (7) Certain investments. A universal bank may invest without limitation in any of the following:

SB55-ASA1-AA1,1091,3 (a) Business development corporations. Stocks or obligations of a corporation organized for business development by this state or by the United States or by an agency of this state or the United States.

SB55-ASA1-AA1,1091,5 (b) Urban renewal investment corporations. Obligations of an urban renewal investment corporation organized under the laws of this state or of the United States.

SB55-ASA1-AA1,1091,10 (c) Certain bank insurance companies. An equity interest in an insurance company or an insurance holding company organized to provide insurance for universal banks and for persons affiliated with universal banks, solely to the extent that this ownership is a prerequisite to obtaining directors' and officers' insurance or blanket bond insurance for the universal bank through the company.

SB55-ASA1-AA1,1091,14 (d) Certain remote service unit corporations. Shares of stock, whether purchased or otherwise acquired, in a corporation acquiring, placing, and operating remote service units under s. 214.04 (21) or 215.13 (46) or bank communications terminals under s. 221.0303 (2).

SB55-ASA1-AA1,1091,16 (e) Service corporations. Equity or debt securities or instruments of a service corporation subsidiary of the universal bank.

SB55-ASA1-AA1,1091,17 (f) Federal funds. Advances of federal funds.

SB55-ASA1-AA1,1091,21 (g) Certain risk management financial products. With the prior written approval of the division, financial futures transactions, financial options transactions, forward commitments, or other financial products for the purpose of reducing, hedging, or otherwise managing its interest rate risk exposure.

SB55-ASA1-AA1,1091,23 (h) Certain fiduciaries. A subsidiary organized to exercise corporate fiduciary powers under ch. 112.

SB55-ASA1-AA1,1092,2 (i) Agricultural credit corporations. An agricultural credit corporation. Unless a universal bank owns at least 80% of the stock of the agricultural credit corporation, a universal bank may not invest more than 20% of the universal bank's capital in the agricultural credit corporation.

SB55-ASA1-AA1,1092,5 (j) Deposit accounts and insured obligations. Deposit accounts or insured obligations of any financial institution, the accounts of which are insured by a deposit insurance corporation.

SB55-ASA1-AA1,1092,11 (k) Certain federal obligations. Obligations of, or obligations that are fully guaranteed by, the United States and stocks or obligations of any federal reserve bank, federal home loan bank, the Student Loan Marketing Association, the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Federal Deposit Insurance Corporation.

SB55-ASA1-AA1,1092,12 (L) Other investments. Any other investment authorized by the division.

SB55-ASA1-AA1,1092,15 (8) Investments in other financial institutions. In addition to the authority granted under ss. 222.0307 and 222.0409, and subject to the limitations of sub. (2), a universal bank may invest in other financial institutions.

SB55-ASA1-AA1,1092,19 (9) Investments through subsidiaries. A universal bank may make investments under this section, directly or indirectly through a subsidiary, unless the division determines that an investment shall be made through a subsidiary with appropriate safeguards to limit the risk exposure of the universal bank.

SB55-ASA1-AA1,1092,22 222.0407 Universal bank purchase of its own stock. (1) In general. A universal bank may hold or purchase not more than 10% of its capital stock, notes, or debentures, except as provided in sub. (2) or (3).

SB55-ASA1-AA1,1092,24 (2) Division approval. A universal bank may hold or purchase more than 10% of its capital stock, notes, or debentures, if approved by the division.

SB55-ASA1-AA1,1093,12 (3) Additional authority. A universal bank may hold or purchase more than 10% of its capital stock, notes, or debentures if the purchase is necessary to prevent loss upon a debt previously contracted in good faith. Stock, notes, or debentures held or purchased under this subsection may not be held by the universal bank for more than 6 months if the stock, notes, or debentures can be sold for the amount of the claim of the universal bank against the holder of the debt previously contracted. The universal bank shall either sell the stock, notes, or debentures within 12 months of acquisition under this subsection or shall cancel the stock, notes, or debentures. Cancellation of the stock, notes, or debentures reduces the amount of the universal bank's capital stock, notes, or debentures. If the reduction reduces the universal bank's capital below the minimum level required by the division, the universal bank shall increase its capital to the amount required by the division.

SB55-ASA1-AA1,1093,18 (4) Loans secured by capital, surplus, or deposits. A universal bank may not loan any part of its capital, surplus, or deposits on its own capital stock, notes, or debentures as collateral security, except that a universal bank may make a loan secured by its own capital stock, notes, or debentures to the same extent that the universal bank may make a loan secured by the capital stock, notes, and debentures of a holding company for the universal bank.

SB55-ASA1-AA1,1093,23 222.0409 Stock in bank-owned banks. With the approval of the division, a universal bank may acquire and hold stock in one or more banks chartered under s. 221.1202 or national banks chartered under 12 USC 27 (b) or in one or more holding companies wholly owning such a bank. Aggregate investments under this section may not exceed 10% of the universal bank's capital.

SB55-ASA1-AA1,1094,3 222.0411 General deposit powers. (1) In general. A universal bank may set eligibility requirements for, and establish the types and terms of, deposits that the universal bank solicits and accepts. The terms set under this subsection may include minimum and maximum amounts that the universal bank may accept and the frequency and computation method of paying interest.

SB55-ASA1-AA1,1094,6 (2) Pledge of security for deposits. Subject to the limitations of s. 221.0324 that are applicable to banks, a universal bank may pledge its assets as security for deposits.

SB55-ASA1-AA1,1094,9 (3) Securitization of assets. With the approval of the division, a universal bank may securitize its assets for sale to the public. The division may establish procedures governing the exercise of authority granted under this subsection.

SB55-ASA1-AA1,1094,23 (4) Safe deposit powers. A universal bank may take and receive, from any individual or corporation for safekeeping and storage, gold and silver plate, jewelry, money, stocks, securities, and other valuables or personal property, and may rent out the use of safes or other receptacles upon its premises for such compensation as may be agreed upon. A universal bank has a lien for its charges on any property taken or received by it for safekeeping. If the lien is not paid within 2 years from the date the lien accrues, or if property is not called for by the person depositing the property, or by his or her representative or assignee, within 2 years from the date the lien accrues, the universal bank may sell the property at public auction. A universal bank shall provide the same notice for a sale under this subsection that is required by law for sales of personal property on execution. After retaining from the proceeds of the sale all of the liens and charges due the bank and the reasonable expenses of the sale, the universal bank shall pay the balance to the person depositing the property, or to his or her representative or assignee.

SB55-ASA1-AA1,1095,4 222.0413 Necessary or convenient powers, reasonably related or incidental activities, and other approved activities. (1) Necessary or convenient powers. Unless otherwise prohibited or limited by this chapter, a universal bank may exercise all powers necessary or convenient to effect the purposes for which the universal bank is organized or to further the businesses in which the universal bank is lawfully engaged.

SB55-ASA1-AA1,1095,14 (2) Reasonably related and incidental activities. (a) Subject to any applicable state or federal regulatory or licensing requirements, a universal bank may engage, directly or indirectly through a subsidiary, in activities reasonably related or incident to the purposes of the universal bank. Activities reasonably related or incident to the purposes of the universal bank are those activities that are part of the business of financial institutions, or closely related to the business of financial institutions, or convenient and useful to the business of financial institutions, or reasonably related or incident to the operation of financial institutions, or financial in nature. Activities that are reasonably related or incident to the purposes of a universal bank include the following:

SB55-ASA1-AA1,1095,15 1. Business and professional services.

SB55-ASA1-AA1,1095,16 2. Data processing.

SB55-ASA1-AA1,1095,17 3. Courier and messenger services.

SB55-ASA1-AA1,1095,18 4. Credit-related activities.

SB55-ASA1-AA1,1095,19 5. Consumer services.

SB55-ASA1-AA1,1095,20 6. Real estate-related services, including real estate brokerage services.

SB55-ASA1-AA1,1095,21 7. Insurance and related services, other than insurance underwriting.

SB55-ASA1-AA1,1095,22 8. Securities brokerage.

SB55-ASA1-AA1,1095,23 9. Investment advice.

SB55-ASA1-AA1,1095,24 10. Securities and bond underwriting.

SB55-ASA1-AA1,1095,25 11. Mutual fund activities.

SB55-ASA1-AA1,1096,1 12. Financial consulting.

SB55-ASA1-AA1,1096,2 13. Tax planning and preparation.

SB55-ASA1-AA1,1096,3 14. Community development and charitable activities.

SB55-ASA1-AA1,1096,4 15. Debt cancellation contracts.

SB55-ASA1-AA1,1096,6 16. Any activities that are reasonably related or incident to activities under subds. 1. to 15., as determined by rule of the division under par. (b).

SB55-ASA1-AA1,1096,16 (b) An activity that is authorized by statute or regulation for financial institutions to engage in as of the effective date of this paragraph .... [revisor inserts date], is an activity that is reasonably related to or incident to the purposes of a universal bank. An activity permitted under the Bank Holding Company Act is an activity that is reasonably related to or incident to the purposes of a universal bank. The division may, by rule, expand the list of activities under par. (a) 1. to 15. that are reasonably related or incident to the purposes of a universal bank and, by rule, may establish which activities under par. (a) 16. are reasonably related or incident to the activities under par. (a) 1. to 15. Any activity approved by rule of the division under this paragraph shall be authorized for all universal banks.

SB55-ASA1-AA1,1096,19 (3) Notice requirement. A universal bank shall give 60 days' prior written notice to the division of the universal bank's intention to engage in an activity under this section.

SB55-ASA1-AA1,1097,2 (4) Standards for denial. The division may deny the authority of a universal bank to engage in an activity under this section, other than those activities described in sub. (2) (a) 1. to 15., if the division determines that the activity is not an activity reasonably related or incident to the purposes of a universal bank. The division may deny the authority of a universal bank to engage in an activity under this section if the division determines that the universal bank is not well-capitalized, that the universal bank is the subject of an enforcement action, or that the universal bank does not have satisfactory management expertise for the proposed activity.

SB55-ASA1-AA1,1097,6 (5) Insurance intermediation. A universal bank, or an officer or salaried employee of a universal bank, may obtain a license as an insurance intermediary, if otherwise qualified. A universal bank may not, directly or indirectly through a subsidiary, engage in the business of underwriting insurance.

SB55-ASA1-AA1,1097,8 (6) Other activities approved by the division. A universal bank may engage in any other activity that is approved by rule of the division.

SB55-ASA1-AA1,1097,12 (7) Activities provided through a subsidiary. A universal bank may engage in an activity under this section, directly or indirectly through a subsidiary, unless the division determines that the activity must be conducted through a subsidiary with appropriate safeguards to limit the risk exposure of the universal bank.

SB55-ASA1-AA1,1097,18 (8) Limitations on investments through subsidiaries. The amount of the investment in any one subsidiary that engages in an activity under this section may not exceed 20% of capital or, if approved by the division, a higher percentage authorized by the division. The aggregate investment in all subsidiaries that engage in an activity under this subsection may not exceed 50% of capital or, if approved by the division, a higher percentage authorized by the division.

SB55-ASA1-AA1,1097,21 (9) Ownership of subsidiaries. A subsidiary that engages in an activity under this section may be owned jointly, with one or more other financial institutions, individuals, or entities.

SB55-ASA1-AA1,1097,23 222.0415 Trust powers. Subject to rules of the division, a universal bank may exercise trust powers in accordance with s. 221.0316.".

SB55-ASA1-AA1,1097,24 1551. Page 1003, line 9: after that line insert:

SB55-ASA1-AA1,1098,1 " Section 3028. 224.30 (2) of the statutes is repealed.".

SB55-ASA1-AA1,1098,2 1552. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1098,3 " Section 3035c. 227.42 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1098,9 227.42 (5) Except as provided under s. 289.27 (1), this section does not apply to any part of the process for approving a feasibility report, plan of operation or license under subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31, any decision by the department of natural resources environmental management relating to the environmental impact of a proposed action under ch. 289 or 291 or ss. 292.31 and 292.35, or any part of the process of negotiation and arbitration under s. 289.33.

SB55-ASA1-AA1, s. 3035d Section 3035d. 227.43 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1098,14 227.43 (1) (b) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of natural resources fish, wildlife, parks, and forestry and which is not conducted by the secretary of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 3035e Section 3035e. 227.43 (1) (bd) of the statutes is created to read:

SB55-ASA1-AA1,1098,19 227.43 (1) (bd) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of environmental management and which is not conducted by the secretary of environmental management.

SB55-ASA1-AA1, s. 3035f Section 3035f. 227.43 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,2 227.43 (2) (a) The department of natural resources fish, wildlife, parks, and forestry shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (b) after the department of natural resources fish, wildlife, parks, and forestry is notified that a hearing on the matter is required.

SB55-ASA1-AA1, s. 3035g Section 3035g. 227.43 (2) (am) of the statutes is created to read:

SB55-ASA1-AA1,1099,8 227.43 (2) (am) The department of environmental management shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bd) after the department of environmental management is notified that a hearing on the matter is required.

SB55-ASA1-AA1, s. 3035h Section 3035h. 227.43 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,14 227.43 (3) (a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources fish, wildlife, parks, and forestry by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB55-ASA1-AA1, s. 3035i Section 3035i. 227.43 (3) (am) of the statutes is created to read:

SB55-ASA1-AA1,1099,20 227.43 (3) (am) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of environmental management by a hearing examiner under this section. The fees shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB55-ASA1-AA1, s. 3035j Section 3035j. 227.43 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,24 227.43 (4) (a) The department of natural resources fish, wildlife, parks, and forestry shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (b), according to the fees set under sub. (3) (a).

SB55-ASA1-AA1, s. 3035k Section 3035k. 227.43 (4) (am) of the statutes is created to read:

SB55-ASA1-AA1,1100,3 227.43 (4) (am) The department of environmental management shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (bd), according to the fees set under sub. (3) (am).

SB55-ASA1-AA1, s. 3035L Section 3035L. 227.46 (8) of the statutes is amended to read:

SB55-ASA1-AA1,1100,13 227.46 (8) If the hearing examiner assigned under s. 227.43 (1) (b) renders the final decision in a contested case, and the decision is subject to judicial review under s. 227.52, the department of natural resources fish, wildlife, parks, and forestry may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (bd) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of environmental management may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (br) renders the final decision in a contested case, and the decision is subject to judicial review under s. 227.52, the department of transportation may petition for judicial review.".

SB55-ASA1-AA1,1100,14 1553. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1100,15 " Section 3035. 227.245 of the statutes is created to read:

SB55-ASA1-AA1,1100,19 227.245 Permanent rules; exemptions. (1) Promulgation of universal banking rules. Except as provided in subs. (2) and (3), the division of banking may promulgate a rule under s. 222.0413 (2) (b) without complying with the notice, hearing, and publication procedures under this chapter.

SB55-ASA1-AA1,1101,2 (2) Filing and publication. The division of banking shall file a rule described under sub. (1) as provided in s. 227.20. At the time that the rule is filed, the division of banking shall mail a copy of the rule to the chief clerk of each house and to each member of the legislature, shall publish in the official state newspaper a class 1 notice under ch. 985 containing a copy of the rule, and shall take any other step it considers feasible to make the rule known to persons who will be affected by the rule.

SB55-ASA1-AA1,1101,4 (3) Effective date. A rule described under sub. (1) takes effect as provided under s. 227.22.".

SB55-ASA1-AA1,1101,5 1554. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1101,6 " Section 3036. 228.01 of the statutes is amended to read:

SB55-ASA1-AA1,1101,21 228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 500,000 or more is required or authorized by law to file, record, copy, recopy or replace any document, court order, plat, paper, written instrument, writings, record or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record or book of record in accordance with the applicable standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disk or electronic storage any document, court order, plat, paper, written instrument, writings, record or book of record which has previously been filed, recorded, copied or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.52 (14) (a).

SB55-ASA1-AA1, s. 3037 Section 3037. 228.03 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1102,18 228.03 (2) Any photographic reproduction of an original record meeting the applicable standards prescribed in s. 16.61 (7) or copy of a record generated from an original record stored in optical disk or electronic format in compliance with the applicable standards under ss. 16.61 and 16.612 shall be taken as and stand in lieu of and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification or certified copy of such a reproduction of an original record, or certified copy of a record generated from an original record stored in optical disk or electronic format, for the purposes specified in this subsection, is deemed to be a transcript, exemplification or certified copy of the original. The custodian of a photographic reproduction shall place the reproduction or optical disk in conveniently accessible storage and shall make provision for preserving, examining and using the reproduction of the record or generating a copy of the record from optical disk or electronic storage. An enlarged copy of a photographic reproduction of a record made in accordance with the applicable standards specified in s. 16.61 (7) or an enlarged copy of a record generated from an original record stored in optical disk or electronic format in compliance with the applicable standards under ss. 16.61 and 16.612 that is certified by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size copy.".

SB55-ASA1-AA1,1102,19 1555. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1102,20 " Section 3034d. 227.20 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1103,3 227.20 (1) An Within 30 days after legislative review of a rule is completed under s. 227.19, the agency shall file a certified copy of each the proposed rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB55-ASA1-AA1, s. 3034j Section 3034j. 227.24 (1) (c) of the statutes is amended to read: