AB163: Bill Text

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AB163,376 Section 376. 214.01 (1) (im) of the statutes is repealed.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

AB163,406 Section 406. 229.46 (1) (ag) of the statutes is amended to read:

AB163,101,2 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,407 Section 407. 229.46 (1) (b) of the statutes is amended to read:

AB163,101,5 229.46 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,408 Section 408. 229.70 (1) (ag) of the statutes is amended to read:

AB163,101,8 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,409 Section 409. 229.70 (1) (am) of the statutes is amended to read:

AB163,101,11 229.70 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

AB163,410 Section 410. 229.70 (1) (b) of the statutes is amended to read:

AB163,101,14 229.70 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,411 Section 411. 229.8273 (1) (am) of the statutes is amended to read:

AB163,101,17 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,412 Section 412. 229.8273 (1) (b) of the statutes is amended to read:

AB163,101,20 229.8273 (1) (b) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

AB163,413 Section 413. 229.8273 (1) (c) of the statutes is amended to read:

AB163,101,23 229.8273 (1) (c) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

AB163,414 Section 414. 229.845 (1) (ag) of the statutes is amended to read:

AB163,102,2 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB163,415 Section 415. 229.845 (1) (am) of the statutes is amended to read:

AB163,102,5 229.845 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

AB163,416 Section 416. 230.08 (2) (e) 4f. of the statutes is repealed.

AB163,417 Section 417. 230.08 (2) (e) 4g. of the statutes is created to read:

AB163,102,8 230.08 (2) (e) 4g. Financial institutions and professional standards - 21.

AB163,418 Section 418. 230.08 (2) (e) 11m. of the statutes is repealed.

AB163,419 Section 419. 230.08 (2) (v) of the statutes is repealed.

AB163,420 Section 420. 230.08 (2) (yb) of the statutes is amended to read:

AB163,102,14 230.08 (2) (yb) The director and the deputy director of, and legal counsel to, the office of business development in the department of administration financial institutions and professional standards.

AB163,421 Section 421. 230.339 of the statutes is repealed.

AB163,422 Section 422. 231.27 (1) of the statutes is amended to read:

AB163,102,20 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 203.07 (2).

AB163,423 Section 423. 231.29 (1) of the statutes is amended to read:

AB163,102,24 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of administration under s. 16.283 203.03 (3).