AB163: Bill Text

AB163,90,7 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 15.175 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB163,358 Section 358. 165.825 of the statutes is amended to read:

AB163,90,12 165.825 Information link. The department of justice shall cooperate with the departments of safety and professional services, health services, and financial institutions and professional standards in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB163,359 Section 359. 167.35 (7) (b) of the statutes is amended to read:

AB163,90,18 167.35 (7) (b) The department of revenue, in the course of conducting any inspection or examination authorized under s. 139.39, may inspect cigarettes to determine if the cigarettes are marked as provided under sub. (4), and the department of revenue shall notify the department of safety and professional services of any unmarked cigarettes.

AB163,360 Section 360. 167.35 (7) (c) of the statutes is amended to read:

AB163,91,2 167.35 (7) (c) Authorized personnel from the department of justice, from the department of safety and professional services, and from the department of revenue, and any sheriff, police officer, or other law enforcement personnel, within their respective jurisdictions, may enter and inspect any premises where cigarettes are made, sold, offered for sale, or stored to determine if the cigarettes comply with this section. An inspection under this paragraph includes examining the books, papers, invoices, and other records of any person who is subject to this section and who is in control, possession, or occupancy of the premises.

AB163,361 Section 361. 169.01 (35) (a) of the statutes is amended to read:

AB163,91,6 169.01 (35) (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 89 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

AB163,362 Section 362. 173.05 (1) (b) of the statutes is amended to read:

AB163,91,11 173.05 (1) (b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 89 is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

AB163,363 Section 363. 173.41 (2) (e) of the statutes is amended to read:

AB163,91,15 173.41 (2) (e) A veterinarian licensed under ch. 453 89 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

AB163,364 Section 364. 173.41 (12) (a) 4. of the statutes is amended to read:

AB163,91,21 173.41 (12) (a) 4. If persons sell or offer to sell dogs at the temporary dog market for 2 or more consecutive days, employ or contract with a veterinarian licensed under ch. 453 89 to conduct an examination of the dogs offered for sale at the temporary dog market on each day on which dogs are offered for sale and to review the information provided under par. (b).

AB163,365 Section 365. 177.30 (2) of the statutes is amended to read:

AB163,92,5 177.30 (2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may designate the division of banking department of financial institutions and professional standards or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

AB163,366 Section 366. 182.028 of the statutes is amended to read:

AB163,92,19 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 (10) without complying with the requirements of s. 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB163,367 Section 367. 186.098 (12) of the statutes is amended to read:

AB163,93,4 186.098 (12) Loans to members. A credit union may make loans to members 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 office of credit unions shall promulgate joint rules with the division of banking department of financial institutions and professional standards that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

AB163,368 Section 368. 186.235 (15) (b) of the statutes is amended to read:

AB163,93,12 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (1) 20.142 (2) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

AB163,369 Section 369. 186.314 (2m) (e) of the statutes is amended to read:

AB163,93,21 186.314 (2m) (e) Upon approval by the credit union members of the proposition for conversion under par. (c), the credit union shall take all necessary action under ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days after receipt from the division of banking department of financial institutions and professional standards of a certificate of incorporation as a savings bank or state bank, the credit union shall file a copy of the certificate with the office of credit unions and the office of credit unions shall issue to a converting credit union a certificate of conversion to a savings bank or state bank.

AB163,370 Section 370. 200.49 (1) (b) of the statutes is amended to read:

AB163,93,24 200.49 (1) (b) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

AB163,371 Section 371. 200.57 (1) (a) of the statutes is amended to read:

AB163,94,4 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 203.03 (3).

AB163,372 Section 372. 200.57 (1) (b) of the statutes is amended to read:

AB163,94,8 200.57 (1) (b) "Minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 203.07 (2).

AB163,373 Section 373. Chapter 203 (title) of the statutes is created to read:

AB163,94,10 chapter 203

AB163,94,11 business development

AB163,374 Section 374. 203.01 of the statutes is created to read:

AB163,94,13 203.01 Definitions. In this chapter:

AB163,94,15 (1) "Department" means the department of financial institutions and professional standards.

AB163,94,17 (2) "Secretary" means the secretary of financial institutions and professional standards.

AB163,375 Section 375. 214.01 (1) (f) of the statutes is created to read:

AB163,94,20 214.01 (1) (f) "Department" means the department of financial institutions and professional standards.

AB163,376 Section 376. 214.01 (1) (im) of the statutes is repealed.

AB163,377 Section 377. 214.04 (21) (b) of the statutes is amended to read:

AB163,95,13 214.04 (21) (b) The rules of the division department shall provide that any remote service unit shall be available for use, on a nondiscriminatory basis, by any state or federal savings bank which has its principal place of business in this state, by any other state or federal savings bank obtaining the consent of a state or federal savings bank that has its principal place of business in this state and is using the terminal and by all customers designated by a savings bank using the unit. This paragraph does not authorize a savings bank which has its principal place of business outside this state to conduct business as a savings bank in this state. A remote service unit shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings and loan association, whose home office is located in this state, if the credit union, bank or savings and loan association requests to share its use, subject to joint rules established by the division of banking, the office of credit unions and the division department. The division department by order may authorize the installation and operation of a remote service unit in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB163,378 Section 378. 214.48 (4) (a) of the statutes is amended to read:

AB163,95,20 214.48 (4) (a) An independent qualified appraiser, designated by the board of directors, who is properly licensed and certified by the department of safety and professional services or by another entity authorized to govern appraisal licensure and certification and who meets the requirements of title XI of the financial institutions reform, recovery and enforcement act of 1989, 12 USC 3331 to 3351 and regulations adopted pursuant to those sections.

AB163,379 Section 379. 214.715 (2) of the statutes is amended to read:

AB163,95,25 214.715 (2) Employees of the division department may not be subject to any civil liability or penalty, or to any criminal prosecution, for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted under this chapter by the employee in an official capacity.

AB163,380 Section 380. 214.72 (1) (am) of the statutes is repealed.

AB163,381 Section 381. 214.72 (1) (b) of the statutes is amended to read:

AB163,96,7 214.72 (1) (b) "Financial regulator" means the department secretary and deputy secretary, and an administrator having duties related to financial institutions, a supervisor of data processing, legal counsel, and a financial institution examiner employed by the department and includes any member of a financial regulator's immediate family, as defined in s. 19.42 (7).

AB163,382 Section 382. 214.725 (5) of the statutes is amended to read:

AB163,96,11 214.725 (5) Employees of the division department or other designated agents may administer oaths and examine and take and preserve testimony under oath as to anything in the affairs or ownership of the savings bank or the entity examined.

AB163,383 Section 383. 214.78 (3) of the statutes is amended to read:

AB163,96,18 214.78 (3) A person who subpoenaes a witness shall advance the fees and mileage of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) 20.142 (2) (g).

AB163,384 Section 384. 215.01 (6) of the statutes is repealed.

AB163,385 Section 385. 215.01 (6f) of the statutes is created to read:

AB163,96,22 215.01 (6f) "Department" means the department of financial institutions and professional standards.

AB163,386 Section 386. 215.02 (4) of the statutes is amended to read:

AB163,97,3 215.02 (4) Immunity. Employees of the division department shall not be subject to any civil liability or penalty, nor to any criminal prosecution, for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted under this chapter by the employee in the employee's official capacity.

AB163,387 Section 387. 215.04 (1) (b) of the statutes is amended to read:

AB163,97,6 215.04 (1) (b) Review the acts, orders, and determinations of the division department under this chapter.

AB163,388 Section 388. 215.04 (3) of the statutes is amended to read:

AB163,97,13 215.04 (3) Witness fees. A person who causes a witness to be subpoenaed shall advance the fees and mileage expense of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) 20.142 (2) (g).

AB163,389 Section 389. 217.02 (2k) of the statutes is created to read:

AB163,97,16 217.02 (2k) "Department" means the department of financial institutions and professional standards.

AB163,390 Section 390. 217.02 (2m) of the statutes is repealed.

AB163,391 Section 391. 218.02 (1) (d) of the statutes is repealed.

AB163,392 Section 392. 218.02 (1) (dm) of the statutes is created to read:

AB163,97,21 218.02 (1) (dm) "Department" means the department of financial institutions and professional standards.

AB163,393 Section 393. 218.04 (1) (bm) of the statutes is created to read:

AB163,97,24 218.04 (1) (bm) "Department" means the department of financial institutions and professional standards.

AB163,394 Section 394. 218.04 (1) (c) of the statutes is repealed.

AB163,395 Section 395. 218.05 (1) (cm) of the statutes is created to read:

AB163,98,3 218.05 (1) (cm) "Department" means the department of financial institutions and professional standards.

AB163,396 Section 396. 218.05 (1) (d) of the statutes is repealed.

AB163,397 Section 397. 220.01 (1m) of the statutes is repealed.

AB163,398 Section 398. 221.0303 (2) of the statutes is amended to read:

AB163,98,23 221.0303 (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 department. The rules of the division department 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 department and the office of credit unions. The division department 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.

AB163,399 Section 399. 221.0802 of the statutes is amended to read:

AB163,99,14 221.0802 Banks may be placed in hands of division department. A bank doing business under this chapter may place its affairs and assets under the control of the division department by posting a notice on its front door, as follows: "This bank is in the hands of the Division of Banking of the Department of Financial Institutions and Professional Standards". Immediately upon posting such notice, the bank shall notify the division department of this action. The posting of the notice, or the taking possession of a bank by the division department, places the bank's assets and property in the possession of the division department, and bars any attachment proceedings. For each day the division department is placed in possession of the bank, and until such time as a special deputy is appointed under s. 220.08 (4), the bank shall pay to the division department the actual cost of such liquidation proceedings. The division department shall pay the amounts to the state treasurer and the percentage specified in s. 20.144 (1) 20.142 (2) (g) shall be credited to the appropriation account under s. 20.144 (1) 20.142 (2) (g).

AB163,400 Section 400. 222.0102 (3) of the statutes is repealed.

AB163,401 Section 401. 224.71 (1e) of the statutes is repealed.

AB163,402 Section 402. 224.90 (1) of the statutes is repealed.

AB163,403 Section 403. 227.01 (13) (zy) of the statutes is amended to read:

AB163,99,22 227.01 (13) (zy) Relates to any form prescribed by the division of banking in the department of financial institutions and professional standards in connection with the licensing of mortgage bankers or mortgage brokers under s. 224.72 or the licensing of mortgage loan originators under s. 224.725.

AB163,404 Section 404. 227.52 (3) of the statutes is amended to read:

AB163,99,25 227.52 (3) Those decisions of the division of banking department of financial institutions and professional standards that are subject to review, prior to any judicial review, by the banking review board, and decisions of the division of banking department of financial institutions and professional standards relating to savings banks or savings and loan associations, but no other institutions subject to the jurisdiction of the division of banking.

AB163,405 Section 405. 227.59 of the statutes is amended to read:

AB163,100,23 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department, or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County, except an action or appeal for the review of any order of the department of workforce development or the department of safety and professional services financial institutions and professional standards under chs. 101, 107, 145, 157, 167, or 440 to 480 or findings and orders of the labor and industry review commission, which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.