AB100: Bill Text

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.

AB100,1345,20 b. The department may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3268 Section 3268. 224.72 (5) (a) of the statutes is amended to read:

AB100,1345,25 224.72 (5) (a) Loan originator and loan solicitor. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a loan originator or loan solicitor and the fee specified in sub. (8) (a), the department shall issue to the applicant a certificate of registration as a loan originator or loan solicitor.

AB100, s. 3269 Section 3269. 224.72 (5) (b) 1. of the statutes is amended to read:

AB100,1346,7 224.72 (5) (b) 1. Upon Except as provided in sub. (7m), upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB100, s. 3270 Section 3270. 224.72 (5) (b) 2. of the statutes is amended to read:

AB100,1346,14 224.72 (5) (b) 2. If Except as provided in sub. (7m), if within 6 months after the date of issuance of a temporary certificate of registration under subd. 1. the holder of the temporary certificate of registration notifies the department that he or she is acting as a mortgage banker and pays to the department the fee specified in sub. (8) (a), the department shall issue to the person a certificate of registration as a mortgage banker.

AB100, s. 3271 Section 3271. 224.72 (7m) of the statutes is created to read:

AB100,1346,18 224.72 (7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if any of the following applies:

AB100,1346,20 (a) The applicant for the issuance or renewal has failed to provide the information required under sub. (2) (c) 1.

AB100,1346,25 (b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB100,1347,7 (c) The applicant for the issuance or renewal 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. An applicant whose registration is not issued or renewed under this paragraph for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3272 Section 3272. 224.77 (6) of the statutes is created to read:

AB100,1347,17 224.77 (6) Restriction or suspension for delinquent support. The department shall restrict or suspend the registration of a mortgage banker, loan originator or loan solicitor if the registrant 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. A registrant whose registration is restricted or suspended under this subsection is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3273 Section 3273. 224.77 (7) of the statutes is created to read:

AB100,1347,25 224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

AB100, s. 3274 Section 3274. 227.03 (4) of the statutes is amended to read:

AB100,1348,7 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, community supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB100, s. 3275 Section 3275. 227.03 (4m) of the statutes is created to read:

AB100,1348,12 227.03 (4m) Subchapter 111 does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s. 49.857.

AB100, s. 3276 Section 3276. 227.03 (9) of the statutes is created to read:

AB100,1348,16 227.03 (9) Except as provided in s. 73.0301 (2) (b) 2., subch. 111 does not apply to a revocation of a license or a denial of an application for a license or license renewal or continuation under s. 73.0301 (2) (b) 1. a.

AB100, s. 3277 Section 3277. 227.116 (4) (intro.) of the statutes is amended to read:

AB100,1348,23 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the permit information and regulatory assistance bureau business development assistance center within 5 business days of the last day of the time period specified, setting forth all of the following:

AB100, s. 3278 Section 3278. 227.116 (5) of the statutes is amended to read:

AB100,1349,5 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the permit information and regulatory assistance bureau business development assistance center.

AB100, s. 3279 Section 3279. 227.43 (1m) of the statutes is created to read:

AB100,1349,12 227.43 (1m) Upon the request of an agency that is not prohibited from contracting with a 3rd party for contested case hearing services, the administrator of the division of hearings and appeals in the department of administration may contract with the agency to provide the contested case hearing services and may assign a hearing examiner to preside over any hearing performed under such a contract.

AB100, s. 3280 Section 3280. 227.43 (3) (e) of the statutes is created to read:

AB100,1349,15 227.43 (3) (e) The administrator of the division of hearings and appeals may set the fees to be charged for any services contracted for under sub. (1m).

AB100, s. 3281 Section 3281. 227.43 (4) (e) of the statutes is created to read:

AB100,1349,20 227.43 (4) (e) The agency contracting out for contested case hearing services under sub. (1m) shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1m), according to the fees set under sub. (3) (e).

AB100, s. 3282 Section 3282. 227.52 of the statutes is amended to read:

AB100,1350,6 227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the division of banking, the office of credit unions, the division of savings and loan institutions, the board of state canvassers and those decisions of the department of industry, labor and job development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB100, s. 3283 Section 3283. 227.53 (1) (b) 4. of the statutes is amended to read:

AB100,1350,11 227.53 (1) (b) 4. The savings and loan review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

AB100, s. 3284 Section 3284. 227.53 (1) (b) 5. of the statutes is amended to read:

AB100,1350,16 227.53 (1) (b) 5. The savings bank review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings bank review board shall be the named respondents.

AB100, s. 3285 Section 3285. 227.54 of the statutes is amended to read:

AB100,1350,21 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43, 253.06 (7) and 551.62.

AB100, s. 3286 Section 3286. 229.42 (8) of the statutes is amended to read:

AB100,1351,2 229.42 (8) The board of directors shall elect from its membership a chairperson, a vice chairperson, a secretary and a treasurer. A majority of the current membership of the board of directors constitutes a quorum to do business. Except as provided in ss. 66.75 (1m) (b) and 77.981 (1), the district may take action based on the affirmative vote of a majority of a quorum.

AB100, s. 3287 Section 3287. 229.50 (1) (b) (intro.) of the statutes is amended to read:

AB100,1351,15 229.50 (1) (b) Feasibility. (intro.) The proceeds of bonds, other than refunding bonds, will be used for feasible projects and there is a reasonable likelihood that the bonds will be repaid without the necessity of drawing on funds in the special debt service reserve fund that secures the bonds. The secretary of administration may not make the determinations required under this paragraph unless a majority of the authorized members of the district's board has voted that, if the balance in a special debt service reserve fund of the district is less than the requirement under sub. (5), the room tax imposed by the district under s. 66.75 (1m) (b) is 3% of total room charges and the food and beverages tax imposed by the district under s. 77.981 (1) is 0.5% of gross receipts. In addition, the secretary of administration may make the determinations required under this paragraph only after considering all of the following:

AB100, s. 3288 Section 3288. 229.85 of the statutes is created to read:

AB100,1351,20 229.85 Validation of and liability for certain services. (1) Validation of actions. Any actions taken by the department of administration or the building commission before the effective date of this subsection .... [revisor inserts date], to provide services that directly benefit a district are hereby validated.

AB100,1352,2 (2) Liability. A district that directly benefits from services provided by the department of administration or the building commission before the effective date of this subsection .... [revisor inserts date], is liable for the fair market value of those services, as determined by the secretary of administration, regardless of whether the district was in existence at the time that the services were provided or whether the district authorized the provision of those services.

AB100,1352,16 (3) Certification and transfers. If the secretary of administration determines that a district is liable for an amount under sub. (2) and that the liability remains unpaid, the secretary of administration shall certify to the department of revenue the amount of the unpaid liability. The certification shall apportion the unpaid liability between the appropriation account under s. 20.505 (1) (kc) and the capital improvement fund, based on the extent to which the expenditures made to provide the services giving rise to the liability were made from the appropriation account under s. 20.505 (1) (kc) or 20.867 (3) (w), respectively. The certification may provide for the unpaid liability to be repaid in a lump sum or in instalments. An amount equal to the amount of the lump sum or instalment certified under this subsection shall be transferred, on the date specified in the certification, from the appropriation account under s. 20.835 (4) (gb) to the appropriation account under s. 20.505 (1) (kc) or to the capital improvement fund, or both, in accordance with the apportionment made in the certification.

AB100, s. 3289 Section 3289. 230.047 (4) (b) of the statutes is amended to read:

AB100,1352,25 230.047 (4) (b) Employes who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employes of the sending agency for all purposes, including the payment of their salaries, and their continuous service benefits except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency, and except that a receiving agency other than a receiving agency of this state may provide supplemental salary and benefits to the employe for the duration of the interchange.

AB100, s. 3290 Section 3290. 230.047 (6) (b) of the statutes is amended to read:

AB100,1353,7 230.047 (6) (b) Employes who are detailed to the receiving agency shall not by virtue of such detail be considered to be employes thereof, nor shall they. Except as provided in sub. (4) (b), employes who are detailed to the receiving agency shall not be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employes during the period of detail may be governed by agreement between the sending agency and the receiving agency.

AB100, s. 3291 Section 3291. 230.05 (2) (a) of the statutes is amended to read:

AB100,1353,24 230.05 (2) (a) Except as provided under par. Subject to pars. (b) and (c), the administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the administrator determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the personnel commission under s. 230.44 (1) (b). The administrator shall be a party in such appeal.

AB100, s. 3292 Section 3292. 230.05 (2) (c) of the statutes is created to read:

AB100,1354,5 230.05 (2) (c) Subject to par. (b), at the request of the board of regents of the University of Wisconsin System, the administrator shall delegate to the board of regents any of his or her functions set forth in this subchapter relating to the recruitment, appointment, examination and certification of applicants for classified, nonprofessional positions in the University of Wisconsin System.

AB100, s. 3293 Section 3293. 230.08 (2) (e) 1. of the statutes is amended to read:

AB100,1354,7 230.08 (2) (e) 1. Administration — 11 12.

AB100, s. 3294 Section 3294. 230.08 (2) (e) 3g. of the statutes is renumbered 230.08 (2) (e) 9. and amended to read:

AB100,1354,10 230.08 (2) (e) 9. Education Public instruction — 5.

AB100, s. 3295 Section 3295. 230.08 (2) (e) 4m. of the statutes is repealed.

AB100, s. 3296 Section 3296. 230.08 (2) (e) 5. of the statutes is amended to read:

AB100,1354,13 230.08 (2) (e) 5. Health and family services — 5 6.