AB100: Bill Text Engrossed

AB100-engrossed,1635,18 215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) or 867.02 (2) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir who of the decedent, or was guardian, as defined in s. 880.01 (3), of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

AB100-engrossed, s. 3183g Section 3183g. 217.13 of the statutes is amended to read:

AB100-engrossed,1635,21 217.13 (title) Other statutes statute applicable. Sections 220.037 and Section 220.06 apply applies to this chapter.

AB100-engrossed, s. 3183r Section 3183r. 218.01 (3) (g) of the statutes is amended to read:

AB100-engrossed,1636,2 218.01 (3) (g) Any person in interest aggrieved by a decision of the division of hearings and appeals or an order of the division of banking may have a review thereof as provided in ch. 227 or aggrieved by an order of the division of banking may have a review thereof as provided in s. 220.037.

AB100-engrossed, s. 3189 Section 3189. 218.01 (7a) (a) of the statutes is amended to read:

AB100-engrossed,1636,12 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form or in an automated format other than the certificate of title.

AB100-engrossed, s. 3200b Section 3200b. 218.02 (9) (a) of the statutes is amended to read:

AB100-engrossed,1636,18 218.02 (9) (a) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037.

AB100-engrossed, s. 3209b Section 3209b. 218.04 (9) of the statutes is repealed.

AB100-engrossed, s. 3220b Section 3220b. 218.05 (13) of the statutes is repealed.

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

AB100-engrossed,1637,3 218.33 (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-engrossed, s. 3253 Section 3253. 218.52 (3) of the statutes is amended to read:

AB100-engrossed,1637,9 218.52 (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-engrossed, s. 3254eb Section 3254eb. 220.02 (5) of the statutes is amended to read:

AB100-engrossed,1637,17 220.02 (5) Except as otherwise provided in s. 220.037 for acts and decisions of the division under chs. 138, 217 and 218, any interested person or any bank or banking corporation aggrieved by an act, order or determination of the division may, within 10 days from the date thereof, apply to the banking review board to review the same. All such applications for review shall be considered and disposed of as speedily as possible. The banking review board may require the division to submit any of the division's actions subject to such review to said board for its approval.

AB100-engrossed, s. 3254ec Section 3254ec. 220.035 (1) (a) of the statutes is amended to read:

AB100-engrossed,1638,2 220.035 (1) (a) The banking review board shall advise the division and others in respect to improvement in the condition and service of banks and banking business in this state and shall review the acts and decisions of the division with respect to banks, except for such acts and decisions subject to review under s. 220.037 of the division under chs. 138, 217 and 218, and shall perform such other review functions in relation to banking as are provided by law. The banking review board may require the division to submit any of the division's actions to it for its approval. The board may make rules of procedure as provided in ch. 227.

AB100-engrossed, s. 3254ed Section 3254ed. 220.037 of the statutes is repealed.

AB100-engrossed, s. 3254m Section 3254m. 221.0102 (4) (bm) of the statutes is created to read:

AB100-engrossed,1638,5 221.0102 (4) (bm) The bank's surplus.

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

AB100-engrossed,1638,23 221.0303 (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 and by all customers designated by a bank using the terminal. 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. 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-engrossed, s. 3266b Section 3266b. 224.71 (1r) (b) 1. of the statutes is amended to read:

AB100-engrossed,1639,5 224.71 (1r) (b) 1. The Wisconsin housing and economic development authority, or a A bank, trust company, savings bank, savings and loan association, insurance company, or a land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

AB100-engrossed, s. 3266e Section 3266e. 224.71 (1r) (b) 1m. of the statutes is created to read:

AB100-engrossed,1639,8 224.71 (1r) (b) 1m. A community-based organization, as defined in s. 16.30 (1), or a housing authority, as defined in s. 16.30 (2).

AB100-engrossed, s. 3266g Section 3266g. 224.71 (1r) (b) 3. of the statutes is amended to read:

AB100-engrossed,1639,11 224.71 (1r) (b) 3. Employes of persons described in subds. 1. and to 2. if the employe is performing his or her duties as an employe.

AB100-engrossed, s. 3266j Section 3266j. 224.71 (2) (b) 1. of the statutes is amended to read:

AB100-engrossed,1639,17 224.71 (2) (b) 1. The Wisconsin housing and economic development authority, or a A bank, trust company, savings bank, savings and loan association, insurance company, or a land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

AB100-engrossed, s. 3266L Section 3266L. 224.71 (2) (b) 1m. of the statutes is created to read:

AB100-engrossed,1639,20 224.71 (2) (b) 1m. A community-based organization, as defined in s. 16.30 (1), or a housing authority, as defined in s. 16.30 (2).

AB100-engrossed, s. 3266p Section 3266p. 224.71 (2) (b) 3. of the statutes is amended to read:

AB100-engrossed,1639,23 224.71 (2) (b) 3. Employes of persons described in subds. 1. and to 2. if the employe is performing his or her duties as an employe.

AB100-engrossed, s. 3266r Section 3266r. 224.71 (3) (b) 1. of the statutes is amended to read:

AB100-engrossed,1640,5 224.71 (3) (b) 1. The Wisconsin housing and economic development authority, or a A bank, trust company, savings bank, savings and loan association, insurance company, or a land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

AB100-engrossed, s. 3266u Section 3266u. 224.71 (3) (b) 1m. of the statutes is created to read:

AB100-engrossed,1640,8 224.71 (3) (b) 1m. A community-based organization, as defined in s. 16.30 (1), or a housing authority, as defined in s. 16.30 (2).

AB100-engrossed, s. 3266y Section 3266y. 224.71 (3) (b) 3. of the statutes is amended to read:

AB100-engrossed,1640,11 224.71 (3) (b) 3. Employes of persons described in subds. 1. and to 2. if the employe is performing his or her duties as an employe.

AB100-engrossed, s. 3268m Section 3268m. 224.72 (5) (b) 1. of the statutes is amended to read:

AB100-engrossed,1640,18 224.72 (5) (b) 1. 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-engrossed, s. 3270m Section 3270m. 224.72 (7) of the statutes is amended to read:

AB100-engrossed,1641,2 224.72 (7) Renewal of registration. A loan originator, loan solicitor or mortgage banker shall renew a certificate of registration by submitting to the department a renewal application and the applicable renewal fee specified under sub. (8) (c) on or before the applicable renewal date specified under sub. (8) (c). Except as provided in s. 224.85 (2), an An applicant for renewal of a certificate of registration as a mortgage banker shall, as part of the application, refile a bond that satisfies sub. (4) (b) or resubmit evidence that satisfies sub. (4) (a) or (c).

AB100-engrossed, s. 3273m Section 3273m. 224.85 of the statutes is repealed.

AB100-engrossed, s. 3273r Section 3273r. 227.01 (13) (ys) of the statutes is created to read:

AB100-engrossed,1641,6 227.01 (13) (ys) Establishes a technical standard for abating nonpoint source water pollution under s. 281.16 (2) (c) or (3) (c).

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

AB100-engrossed,1641,13 227.116 (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-engrossed, s. 3278 Section 3278. 227.116 (5) of the statutes is amended to read:

AB100-engrossed,1641,19 227.116 (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-engrossed, s. 3279 Section 3279. 227.43 (1m) of the statutes is created to read:

AB100-engrossed,1642,2 227.43 (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-engrossed, s. 3279m Section 3279m. 227.43 (3) (b) of the statutes is amended to read:

AB100-engrossed,1642,8 227.43 (3) (b) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of transportation 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) (q) (f).

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

AB100-engrossed,1642,11 227.43 (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-engrossed, s. 3281 Section 3281. 227.43 (4) (e) of the statutes is created to read:

AB100-engrossed,1642,16 227.43 (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-engrossed, s. 3281m Section 3281m. 227.485 (2) (e) of the statutes is amended to read:

AB100-engrossed,1642,19 227.485 (2) (e) "State agency" does not include the public intervenor or citizens utility board.

AB100-engrossed, s. 3281zm Section 3281zm. 227.487 of the statutes is created to read:

AB100-engrossed,1643,2 227.487 Frivolous actions. (1) (a) If a petition for a declaratory ruling under s. 227.41, a request for a hearing under s. 227.42 or a petition for a rehearing under s. 227.49 (1) is found by an agency to be frivolous, the agency may assess a forfeiture of not more than $500 against the person or the person's attorney who made the petition or request. In assessing the forfeiture against the person or the person's attorney, the agency may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-engrossed,1643,9 (b) If any application, pleading, motion, request or other action that relates to a contested case is found by a hearing examiner to be frivolous, the hearing examiner may assess a forfeiture of not more than $500 against the person or the person's attorney who made the application, pleading, motion, request or other action. In assessing the forfeiture against the person or the person's attorney, the hearing examiner may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-engrossed,1643,13 (2) In order for an agency to find a petition or request to be frivolous under sub. (1) (a) or for a hearing examiner to find an application, pleading, motion, request or other action to be frivolous under sub. (1) (b), the agency or hearing examiner must find one or more of the following:

AB100-engrossed,1643,16 (a) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of delay.

AB100-engrossed,1643,20 (b) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of maliciously injuring the reputation of an agency or an agency employe.

AB100-engrossed,1643,24 (c) The person or the person's attorney knew, or should have known, that the petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) was undertaken without any reasonable basis in law or fact.

AB100-engrossed,1644,3 (3) This section does not apply to any petition or request under sub. (1) (a) or any application, pleading, motion, request or other action under sub. (1) (b) that relates to subch. II of ch. 111.

AB100-engrossed, s. 3282b Section 3282b. 227.52 of the statutes, as affected by 1997 Wisconsin Act 3, is renumbered 227.52 (intro.) and amended to read:

AB100-engrossed,1644,10 227.52 Judicial review; decisions reviewable. (intro.) 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 as otherwise provided by law and except for the following:

AB100-engrossed,1644,12 (1) Decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions .

AB100-engrossed,1644,13 (2) Decisions of the department of employe trust funds,.

AB100-engrossed,1644,15 (3) Those decisions of the division of banking, that are subject to review, prior to any judicial review, by the banking review board.

AB100-engrossed,1644,16 (4) Decisions of the office of credit unions,.

AB100-engrossed,1644,17 (5) Decisions of the division of savings and loan,.

AB100-engrossed,1644,19 (6) Decisions of the chairperson of the elections board of state canvassers and those.

AB100-engrossed,1644,22 (7) Those decisions of the department of workforce 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-engrossed, s. 3282d Section 3282d. 227.53 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,1645,7 227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5.

AB100-engrossed, s. 3282g Section 3282g. 227.53 (1) (b) 2. of the statutes is amended to read:

AB100-engrossed,1645,10 227.53 (1) (b) 2. The banking review board or the consumer credit review board, the division of banking.

AB100-engrossed, s. 3282r Section 3282r. 227.53 (1) (d) of the statutes is amended to read:

AB100-engrossed,1645,19 227.53 (1) (d) The agency (except in the case of the tax appeals commission and the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board and the savings bank review board) and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

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

AB100-engrossed,1645,24 227.54 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-engrossed, s. 3290e Section 3290e. 230.03 (9m) of the statutes is amended to read: