AB100: Bill Text

AB100, s. 3235 Section 3235. 218.22 (4) (b) of the statutes is amended to read:

AB100,1336,4 218.22 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

AB100, s. 3236 Section 3236. 218.31 (1) (ag) of the statutes is created to read:

AB100,1336,7 218.31 (1) (ag) When the applicant is an individual, the individual's social security number.

AB100, s. 3237 Section 3237. 218.31 (1) (am) of the statutes is created to read:

AB100,1336,10 218.31 (1) (am) When the applicant is a person who is not an individual, the person's federal employer identification number.

AB100, s. 3238 Section 3238. 218.31 (1m) of the statutes is created to read:

AB100,1336,14 218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the information required under sub. (1) (ag) or (am) is not included in the application.

AB100,1336,19 (b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100, s. 3239 Section 3239. 218.32 (3m) of the statutes is created to read:

AB100,1336,25 218.32 (3m) (a) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100,1337,4 (b) The department of transportation shall deny an application for the issuance or renewal of a license, or revoke a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100, s. 3240 Section 3240. 218.32 (4) (a) of the statutes is amended to read:

AB100,1337,11 218.32 (4) (a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (3m).

AB100, s. 3241 Section 3241. 218.32 (4) (b) of the statutes is amended to read:

AB100,1337,23 218.32 (4) (b) No license shall be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (3m).

AB100, s. 3242 Section 3242. 218.33 (2) (b) of the statutes is amended to read:

AB100,1338,7 218.33 (2) (b) For each motor vehicle offered for sale by a motor vehicle dealer, the transferring dealer shall provide the motor vehicle auction dealer with clear title or shall furnish title insurance at the time of the sale. For each motor vehicle sold at an auction, the motor vehicle auction dealer shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred through an auction sale.

AB100, s. 3243 Section 3243. 218.41 (2) (a) of the statutes is amended to read:

AB100,1338,12 218.41 (2) (a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires. If the applicant is an individual, the application shall include the applicant's social security number.

AB100, s. 3244 Section 3244. 218.41 (2) (am) of the statutes is created to read:

AB100,1338,16 218.41 (2) (am) 1. The department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB100,1338,19 2. The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22.

AB100, s. 3245 Section 3245. 218.41 (3m) of the statutes is created to read:

AB100,1338,25 218.41 (3m) A license shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 3246 Section 3246. 218.41 (4) of the statutes is amended to read:

AB100,1339,7 218.41 (4) The department may without notice deny the application for a license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the division of hearings and appeals shall set the time and place of hearing a review of such denial, the same to be heard with reasonable promptness. This subsection does not apply to denials of applications for licenses under sub. (3m).

AB100, s. 3247 Section 3247. 218.41 (5) (d) of the statutes is created to read:

AB100,1339,10 218.41 (5) (d) This subsection does not apply to licenses that are suspended under sub. (3m).

AB100, s. 3248 Section 3248. 218.51 (3) (a) of the statutes is amended to read:

AB100,1339,15 218.51 (3) (a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application. If the applicant is an individual, the application shall include the applicant's social security number.

AB100, s. 3249 Section 3249. 218.51 (3) (am) of the statutes is created to read:

AB100,1339,19 218.51 (3) (am) 1. The department shall deny an application for the issuance or renewal of a buyer identification card if an individual has not included his or her social security number in the application.

AB100,1339,22 2. The department of transportation may not disclose a social security number obtained under par. (a) to any person except the department of industry, labor and job development for the sole purpose of administering s. 49.22.

AB100, s. 3250 Section 3250. 218.51 (4m) of the statutes is created to read:

AB100,1340,3 218.51 (4m) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 3251 Section 3251. 218.51 (5) (a) of the statutes is amended to read:

AB100,1340,10 218.51 (5) (a) The department may without notice deny the application for a buyer identification card within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (4m).

AB100, s. 3252 Section 3252. 218.51 (5) (b) of the statutes is amended to read:

AB100,1340,23 218.51 (5) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended under sub. (4m).

AB100, s. 3253 Section 3253. 218.52 (3) of the statutes is amended to read:

AB100,1341,5 218.52 (3) For each motor vehicle sold by a motor vehicle salvage pool, the motor vehicle salvage pool shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred by a motor vehicle salvage pool.

AB100, s. 3254 Section 3254. 220.01 (1e) of the statutes is created to read:

AB100,1341,7 220.01 (1e) "Department" means the department of financial institutions.

AB100, s. 3255 Section 3255. 221.0303 (2) of the statutes is amended to read:

AB100,1341,24 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB100, s. 3256 Section 3256. 221.0321 (5) of the statutes is amended to read:

AB100,1342,9 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the division office of credit unions and the division of savings and loan institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

AB100, s. 3257 Section 3257. 223.105 (3) (a) of the statutes is amended to read:

AB100,1342,17 223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7) the division of banking, the office of credit unions and the division of savings and loan institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

AB100, s. 3258 Section 3258. 223.105 (4) of the statutes is amended to read:

AB100,1343,3 223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, the office of credit unions or the division of savings and loan institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

AB100, s. 3259 Section 3259. 223.105 (5) of the statutes is amended to read:

AB100,1343,11 223.105 (5) Enforcement remedy. The division of banking or the division of savings and loan institutions or office of credit unions shall upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

AB100, s. 3260 Section 3260. 223.105 (6) of the statutes is amended to read:

AB100,1343,19 223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings and loan institutions or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.

AB100, s. 3261 Section 3261. Chapter 224 (title) of the statutes is amended to read:

AB100,1343,24 CHAPTER 224 MISCELLANEOUS BANKING AND FINANCIAL INSTITUTIONS PROVISIONS

AB100, s. 3262 Section 3262. 224.092 of the statutes is renumbered 224.25.

AB100, s. 3263 Section 3263. 224.093 of the statutes is renumbered 224.26.

AB100, s. 3264 Section 3264. Subchapter II (title) of chapter 224 [precedes 224.25] of the statutes is created to read:

AB100,1344,4 CHAPTER 224

AB100,1344,6 subchapter II FINANCIAL INSTITUTIONS

AB100, s. 3265 Section 3265. 224.40 of the statutes is created to read:

AB100,1344,9 224.40 Disclosure of financial records for child support enforcement. (1) Definitions. In this section:

AB100,1344,11 (a) "County child support agency" means a county child support agency under s. 59.53 (5).

AB100,1344,12 (b) "Financial institution" has the meaning given in s. 49.853 (1) (c).

AB100,1344,13 (c) "Financial record" has the meaning given in 12 USC 3401.

AB100,1344,16 (2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of industry, labor and job development in accordance with rules promulgated under s. 49.853 (2).

AB100,1344,18 (3) Limited liability. A financial institution is not liable to any person for any of the following:

AB100,1344,21 (a) Disclosing a financial record of an individual to the county child support agency attempting to establish, modify or enforce a child support obligation of the individual.

AB100,1344,24 (b) Disclosing information to the department of industry, labor and job development or a county child support agency pursuant to the financial record matching program under s. 49.853.

AB100,1345,4 (c) Encumbering or surrendering any assets held by the financial institution in response to instructions provided by the department of industry, labor and job development or a county child support agency for the purpose of enforcing a child support obligation.

AB100,1345,5 (d) Any other action taken in good faith to comply with s. 49.853 or 49.854.

AB100, s. 3266 Section 3266. Subchapter II of chapter 224 [precedes 224.70] of the statutes is renumbered subchapter III of chapter 224 [precedes 224.70].

AB100, s. 3267 Section 3267. 224.72 (2) (c) of the statutes is created to read:

AB100,1345,10 224.72 (2) (c) Social security and federal employer identification numbers. 1. An application shall include the following:

AB100,1345,11 a. In the case of an individual, the individual's social security number.

AB100,1345,13 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB100,1345,15 2. The department may not disclose any information received under subd. 1. to any person except as follows:

AB100,1345,17 a. The department may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.