AB100, s. 3257
10Section
3257. 223.105 (3) (a) of the statutes is amended to read:
AB100,1342,1711
223.105
(3) (a) To assure compliance with such rules as may be established
12under s. 220.04 (7) the division of banking, the office of credit unions and the division
13of savings
and loan institutions shall, at least once every 18 months, examine the
14fiduciary operations of each organization which is under its respective jurisdiction
15and is subject to examination under sub. (2). If a particular organization subject to
16examination under sub. (2) is not otherwise under the jurisdiction of one of the
17foregoing agencies, such examination shall be conducted by the division of banking.
AB100, s. 3258
18Section
3258. 223.105 (4) of the statutes is amended to read:
AB100,1343,319
223.105
(4) Notice of fiduciary operation. Except for those organizations
20licensed under ch. 221 or this chapter, any organization engaged in fiduciary
21operations as defined in this section shall, as required by rule, notify the division of
22banking, the office of credit unions or the
division of savings
and loan institutions of
23that fact, directing the notice to the agency then exercising regulatory authority over
24the organization or, if there is none, to the division of banking. Any organization
25which intends to engage in fiduciary operations shall, prior to engaging in such
1operations, notify the appropriate agency of this intention. The notifications
2required under this subsection shall be on forms and contain information required
3by the rules promulgated by the division of banking.
AB100, s. 3259
4Section
3259. 223.105 (5) of the statutes is amended to read:
AB100,1343,115
223.105
(5) Enforcement remedy. The division of banking or the division of
6savings
and loan institutions or office of credit unions shall upon the failure of such
7organization to submit notifications or reports required under this section or
8otherwise to comply with the provisions of this section, or rules established by the
9division of banking under s. 220.04 (7), upon due notice, order such defaulting
10organization to cease and desist from engaging in fiduciary activities and may apply
11to the appropriate court for enforcement of such order.
AB100, s. 3260
12Section
3260. 223.105 (6) of the statutes is amended to read:
AB100,1343,1913
223.105
(6) Sunset. Except for an organization regulated by the office of credit
14unions or the division of savings
and loan institutions or an organization authorized
15by the division of banking to operate as a bank or trust company under ch. 221 or this
16chapter, an organization may not begin activity as a fiduciary operation under this
17section after May 12, 1992. An organization engaged in fiduciary operations under
18this section on May 12, 1992, may continue to engage in fiduciary operations after
19that date.
AB100, s. 3261
20Section
3261. Chapter 224 (title) of the statutes is amended to read:
AB100,1343,2421
CHAPTER 224
22
MISCELLANEOUS BANKING
AND
23
FINANCIAL INSTITUTIONS24
PROVISIONS
AB100, s. 3262
25Section
3262. 224.092 of the statutes is renumbered 224.25.
AB100, s. 3263
1Section
3263. 224.093 of the statutes is renumbered 224.26.
AB100, s. 3264
2Section
3264. Subchapter II (title) of chapter 224 [precedes 224.25] of the
3statutes is created to read:
AB100,1344,44
CHAPTER 224
AB100,1344,65
subchapter II
6
FINANCIAL INSTITUTIONS
AB100, s. 3265
7Section
3265. 224.40 of the statutes is created to read:
AB100,1344,9
8224.40 Disclosure of financial records for child support enforcement.
9(1) Definitions. In this section:
AB100,1344,1110
(a) "County child support agency" means a county child support agency under
11s. 59.53 (5).
AB100,1344,1212
(b) "Financial institution" has the meaning given in s. 49.853 (1) (c).
AB100,1344,1313
(c) "Financial record" has the meaning given in
12 USC 3401.
AB100,1344,16
14(2) Financial record matching agreements. A financial institution is required
15to enter into an agreement with the department of industry, labor and job
16development in accordance with rules promulgated under s. 49.853 (2).
AB100,1344,18
17(3) Limited liability. A financial institution is not liable to any person for any
18of the following:
AB100,1344,2119
(a) Disclosing a financial record of an individual to the county child support
20agency attempting to establish, modify or enforce a child support obligation of the
21individual.
AB100,1344,2422
(b) Disclosing information to the department of industry, labor and job
23development or a county child support agency pursuant to the financial record
24matching program under s. 49.853.
AB100,1345,4
1(c) Encumbering or surrendering any assets held by the financial institution
2in response to instructions provided by the department of industry, labor and job
3development or a county child support agency for the purpose of enforcing a child
4support obligation.
AB100,1345,55
(d) Any other action taken in good faith to comply with s. 49.853 or 49.854.
AB100, s. 3266
6Section
3266. Subchapter II of chapter 224 [precedes 224.70] of the statutes
7is renumbered subchapter III of chapter 224 [precedes 224.70].
AB100, s. 3267
8Section
3267. 224.72 (2) (c) of the statutes is created to read:
AB100,1345,109
224.72
(2) (c)
Social security and federal employer identification numbers. 1.
10An application shall include the following:
AB100,1345,1111
a. In the case of an individual, the individual's social security number.
AB100,1345,1312
b. In the case of a person that is not an individual, the person's federal employer
13identification number.
AB100,1345,1514
2. The department may not disclose any information received under subd. 1.
15to any person except as follows:
AB100,1345,1716
a. The department may disclose information under subd. 1. to the department
17of revenue for the sole purpose of requesting certifications under s. 73.0301.
AB100,1345,2018
b. The department may disclose information under subd. 1. a. to the
19department of industry, labor and job development in accordance with a
20memorandum of understanding under s. 49.857.
AB100, s. 3268
21Section
3268. 224.72 (5) (a) of the statutes is amended to read:
AB100,1345,2522
224.72
(5) (a)
Loan originator and loan solicitor. Upon Except as provided in
23sub. (7m), upon receiving a properly completed application for registration as a loan
24originator or loan solicitor and the fee specified in sub. (8) (a), the department shall
25issue to the applicant a certificate of registration as a loan originator or loan solicitor.
AB100, s. 3269
1Section
3269. 224.72 (5) (b) 1. of the statutes is amended to read:
AB100,1346,72
224.72
(5) (b) 1.
Upon Except as provided in sub. (7m), upon receiving a
3properly completed application for registration as a mortgage banker, the fee
4specified
in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence
5of compliance with sub. (4), the department shall issue to the applicant a temporary
6certificate of registration as a mortgage banker. A temporary certificate of
7registration is valid for 6 months after the date of issuance.
AB100, s. 3270
8Section
3270. 224.72 (5) (b) 2. of the statutes is amended to read:
AB100,1346,149
224.72
(5) (b) 2.
If Except as provided in sub. (7m), if within 6 months after the
10date of issuance of a temporary certificate of registration under subd. 1. the holder
11of the temporary certificate of registration notifies the department that he or she is
12acting as a mortgage banker and pays to the department the fee specified in sub. (8)
13(a), the department shall issue to the person a certificate of registration as a
14mortgage banker.
AB100, s. 3271
15Section
3271. 224.72 (7m) of the statutes is created to read:
AB100,1346,1816
224.72
(7m) Denial of application for issuance or renewal of registration. 17The department may not issue or renew a certificate of registration under this
18section if any of the following applies:
AB100,1346,2019
(a) The applicant for the issuance or renewal has failed to provide the
20information required under sub. (2) (c) 1.
AB100,1346,2521
(b) The department of revenue has certified under s. 73.0301 that the applicant
22is liable for delinquent taxes. An applicant whose application for issuance or renewal
23of a certificate of registration is denied under this paragraph for delinquent taxes is
24entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a)
25but is not entitled to any other notice or hearing under this section.
AB100,1347,7
1(c) The applicant for the issuance or renewal is an individual who is delinquent
2in making court-ordered payments of child or family support, maintenance, birth
3expenses, medical expenses or other expenses related to the support of a child or
4former spouse, as provided in a memorandum of understanding entered into under
5s. 49.857. An applicant whose registration is not issued or renewed under this
6paragraph for delinquent payments is entitled to a notice and hearing under s.
749.857 but is not entitled to any other notice or hearing under this section.
AB100, s. 3272
8Section
3272. 224.77 (6) of the statutes is created to read:
AB100,1347,179
224.77
(6) Restriction or suspension for delinquent support. The
10department shall restrict or suspend the registration of a mortgage banker, loan
11originator or loan solicitor if the registrant is an individual who is delinquent in
12making court-ordered payments of child or family support, maintenance, birth
13expenses, medical expenses or other expenses related to the support of a child or
14former spouse, as provided in a memorandum of understanding entered into under
15s. 49.857. A registrant whose registration is restricted or suspended under this
16subsection is entitled to a notice and hearing under s. 49.857 but is not entitled to
17any other notice or hearing under this section.
AB100, s. 3273
18Section
3273. 224.77 (7) of the statutes is created to read:
AB100,1347,2519
224.77
(7) Revocation for liability for delinquent taxes. The department
20shall revoke the certificate of registration of a mortgage banker, loan originator or
21loan solicitor if the department of revenue certifies under s. 73.0301 that the
22registrant is liable for delinquent taxes. A registrant whose certificate of registration
23is revoked under this subsection for delinquent taxes is entitled to a notice under s.
2473.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other
25notice, hearing or review under this section.
AB100, s. 3274
1Section
3274. 227.03 (4) of the statutes is amended to read:
AB100,1348,72
227.03
(4) The provisions of this chapter relating to contested cases do not
3apply to proceedings involving the revocation of aftercare supervision under s.
448.366 (5) or 938.357 (5), the revocation of parole
, community supervision or
5probation, the grant of probation, prison discipline, mandatory release under s.
6302.11 or any other proceeding involving the care and treatment of a resident or an
7inmate of a correctional institution.
AB100, s. 3275
8Section
3275. 227.03 (4m) of the statutes is created to read:
AB100,1348,129
227.03
(4m) Subchapter 111 does not apply to any decision of an agency to
10suspend or restrict or not issue or renew a license if the agency suspends or restricts
11or does not issue or renew the license pursuant to a memorandum of understanding
12entered into under s. 49.857.
AB100, s. 3276
13Section
3276. 227.03 (9) of the statutes is created to read:
AB100,1348,1614
227.03
(9) Except as provided in s. 73.0301 (2) (b) 2., subch. 111
does not apply
15to a revocation of a license or a denial of an application for a license or license renewal
16or continuation under s. 73.0301 (2) (b) 1. a.
AB100, s. 3277
17Section
3277. 227.116 (4) (intro.) of the statutes is amended to read:
AB100,1348,2318
227.116
(4) (intro.) If an agency fails to review and make a determination on
19a permit application within the time period specified in a rule or law, for each such
20failure the agency shall prepare a report and submit it to the
permit information and
21regulatory assistance bureau business development assistance center within 5
22business days of the last day of the time period specified, setting forth all of the
23following:
AB100, s. 3278
24Section
3278. 227.116 (5) of the statutes is amended to read:
AB100,1349,5
1227.116
(5) If an agency fails to review and make a determination on a permit
2application within the time period specified in a rule or law, upon completion of the
3review and determination for that application, the agency shall notify the
permit
4information and regulatory assistance bureau business development assistance
5center.
AB100, s. 3279
6Section
3279. 227.43 (1m) of the statutes is created to read:
AB100,1349,127
227.43
(1m) Upon the request of an agency that is not prohibited from
8contracting with a 3rd party for contested case hearing services, the administrator
9of the division of hearings and appeals in the department of administration may
10contract with the agency to provide the contested case hearing services and may
11assign a hearing examiner to preside over any hearing performed under such a
12contract.
AB100, s. 3280
13Section
3280. 227.43 (3) (e) of the statutes is created to read:
AB100,1349,1514
227.43
(3) (e) The administrator of the division of hearings and appeals may
15set the fees to be charged for any services contracted for under sub. (1m).
AB100, s. 3281
16Section
3281. 227.43 (4) (e) of the statutes is created to read:
AB100,1349,2017
227.43
(4) (e) The agency contracting out for contested case hearing services
18under sub. (1m) shall pay all costs of the services of a hearing examiner, including
19support services, assigned under sub. (1m), according to the fees set under sub. (3)
20(e).
AB100, s. 3282
21Section
3282. 227.52 of the statutes is amended to read:
AB100,1350,6
22227.52 Judicial review; decisions reviewable. Administrative decisions
23which adversely affect the substantial interests of any person, whether by action or
24inaction, whether affirmative or negative in form, are subject to review as provided
25in this chapter, except for the decisions of the department of revenue other than
1decisions relating to alcohol beverage permits issued under ch. 125, decisions of the
2department of employe trust funds, the division of banking, the office of credit
3unions, the division of savings
and loan institutions, the board of state canvassers
4and those decisions of the department of industry, labor and job development which
5are subject to review, prior to any judicial review, by the labor and industry review
6commission, and except as otherwise provided by law.
AB100, s. 3283
7Section
3283. 227.53 (1) (b) 4. of the statutes is amended to read:
AB100,1350,118
227.53
(1) (b) 4. The savings and loan review board, the division of savings
and
9loan institutions, except if the petitioner is the division of savings
and loan 10institutions, the prevailing parties before the savings and loan review board shall be
11the named respondents.
AB100, s. 3284
12Section
3284. 227.53 (1) (b) 5. of the statutes is amended to read:
AB100,1350,1613
227.53
(1) (b) 5. The savings bank review board, the division of savings
and loan 14institutions, except if the petitioner is the division of savings
and loan institutions,
15the prevailing parties before the savings bank review board shall be the named
16respondents.
AB100, s. 3285
17Section
3285. 227.54 of the statutes is amended to read:
AB100,1350,21
18227.54 Stay of proceedings. The institution of the proceeding for review
19shall not stay enforcement of the agency decision. The reviewing court may order a
20stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43
,
21253.06 (7) and 551.62.
AB100, s. 3286
22Section
3286. 229.42 (8) of the statutes is amended to read:
AB100,1351,223
229.42
(8) The board of directors shall elect from its membership a chairperson,
24a vice chairperson, a secretary and a treasurer. A majority of the current
25membership of the board of directors constitutes a quorum to do business. Except
1as provided in ss. 66.75 (1m) (b) and 77.981
(1), the district may take action based
2on the affirmative vote of a majority of a quorum.
AB100, s. 3287
3Section
3287. 229.50 (1) (b) (intro.) of the statutes is amended to read:
AB100,1351,154
229.50
(1) (b)
Feasibility. (intro.) The proceeds of bonds, other than refunding
5bonds, will be used for feasible projects and there is a reasonable likelihood that the
6bonds will be repaid without the necessity of drawing on funds in the special debt
7service reserve fund that secures the bonds. The secretary of administration may not
8make the determinations required under this paragraph unless a majority of the
9authorized members of the district's board has voted that, if the balance in a special
10debt service reserve fund of the district is less than the requirement under sub. (5),
11the room tax imposed by the district under s. 66.75 (1m) (b) is 3% of total room
12charges and the food and beverages tax imposed by the district under s. 77.981
(1) 13is 0.5% of gross receipts. In addition, the secretary of administration may make the
14determinations required under this paragraph only after considering all of the
15following:
AB100, s. 3288
16Section
3288. 229.85 of the statutes is created to read:
AB100,1351,20
17229.85 Validation of and liability for certain services. (1) Validation of
18actions. Any actions taken by the department of administration or the building
19commission before the effective date of this subsection .... [revisor inserts date], to
20provide services that directly benefit a district are hereby validated.
AB100,1352,2
21(2) Liability. A district that directly benefits from services provided by the
22department of administration or the building commission before the effective date
23of this subsection .... [revisor inserts date], is liable for the fair market value of those
24services, as determined by the secretary of administration, regardless of whether the
1district was in existence at the time that the services were provided or whether the
2district authorized the provision of those services.
AB100,1352,16
3(3) Certification and transfers. If the secretary of administration determines
4that a district is liable for an amount under sub. (2) and that the liability remains
5unpaid, the secretary of administration shall certify to the department of revenue the
6amount of the unpaid liability. The certification shall apportion the unpaid liability
7between the appropriation account under s. 20.505 (1) (kc) and the capital
8improvement fund, based on the extent to which the expenditures made to provide
9the services giving rise to the liability were made from the appropriation account
10under s. 20.505 (1) (kc) or 20.867 (3) (w), respectively. The certification may provide
11for the unpaid liability to be repaid in a lump sum or in instalments. An amount
12equal to the amount of the lump sum or instalment certified under this subsection
13shall be transferred, on the date specified in the certification, from the appropriation
14account under s. 20.835 (4) (gb) to the appropriation account under s. 20.505 (1) (kc)
15or to the capital improvement fund, or both, in accordance with the apportionment
16made in the certification.
AB100, s. 3289
17Section
3289. 230.047 (4) (b) of the statutes is amended to read: