AB163,85,1210
145.24
(2) The department
of natural resources shall establish procedures for
11the review and evaluation of existing private on-site wastewater treatment systems
12which do not comply with siting or design standards.
AB163,342
13Section
342. 145.24 (3) of the statutes is amended to read:
AB163,85,2514
145.24
(3) Upon receipt of a petition for a variance, the department
of natural
15resources shall require the owner of the private on-site wastewater treatment
16system to submit information necessary to evaluate the request for a variance. If the
17department
of natural resources determines that the existing private on-site
18wastewater treatment system is not a failing private on-site wastewater treatment
19system, and continued use of the existing private on-site wastewater treatment
20system will not pose a threat of contamination of waters of the state, then the
21department
of natural resources may issue a variance to allow continued use of the
22existing private on-site wastewater treatment system. The department
of natural
23resources shall rescind the variance if the existing private on-site wastewater
24treatment system becomes a failing private on-site wastewater treatment system or
25contaminates waters of the state.
AB163,343
1Section
343. 145.245 of the statutes is repealed.
AB163,344
2Section
344. 157.061 (2g) of the statutes is amended to read:
AB163,86,43
157.061
(2g) "Cemetery board" means the board created in s.
15.405 15.175 4(3m).
AB163,345
5Section
345. 157.062 (1) of the statutes is amended to read:
AB163,86,156
157.062
(1) Organization. Seven or more residents of the same county may
7form a cemetery association. They shall meet, select a chairperson and secretary,
8choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
9more than 9 trustees whom the chairperson and secretary shall immediately divide
10by lot into 3 classes, who shall hold their offices for 1, 2
, and 3 years, respectively.
11Within 3 days, the chairperson and secretary shall certify the corporate name, the
12names, home addresses and business addresses of the organizers and of the trustees,
13and their classification, and the annual meeting date acknowledged by them, and,
14except as provided in sub. (9), deliver the certification to the department
of financial
15institutions. The association then has the powers of a corporation.
AB163,346
16Section
346. 157.062 (2) of the statutes is amended to read:
AB163,86,2217
157.062
(2) Amendments. The association may change its name, the number
18of trustees or the annual meeting date by resolution at an annual meeting, or special
19meeting called for such purpose, by a majority vote of the members present, and,
20except as provided in sub. (9), by delivering to the department
of financial
21institutions a copy of the resolution, with the date of adoption, certified by the
22president and secretary or corresponding officers.
AB163,347
23Section
347. 157.062 (6) (b) of the statutes is amended to read:
AB163,87,1324
157.062
(6) (b) If an association that has been dissolved under par. (a), or any
25group that was never properly organized as a cemetery association, has cemetery
1grounds and human remains are buried in the cemetery grounds, 5 or more
2members, or persons interested as determined by order of the circuit judge under par.
3(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
4cemetery is located, of the time, place
, and object of the meeting, assemble and
5reorganize by the election of trustees and divide them into classes as provided in sub.
6(1), the commencement of the terms to be computed from the next annual meeting
7date. The secretary shall enter the proceedings of the meeting on the records. The
8association is reorganized upon delivery of a copy of the proceedings to the
9department
of financial institutions, except as provided in sub. (9). Upon
10reorganization, the title to the cemetery grounds, trust funds
, and all other property
11of the association or group vests in the reorganized association, under the control of
12the trustees. The reorganized association may continue the name of the dissolved
13association or may adopt a new name.
AB163,348
14Section
348. 157.062 (6m) of the statutes is amended to read:
AB163,87,1615
157.062
(6m) Forms. The department
of financial institutions may prescribe
16and furnish forms for providing the information required under subs. (1) to (6).
AB163,349
17Section
349. 157.062 (9) of the statutes is amended to read:
AB163,87,2318
157.062
(9) Exemptions for certain cemeteries. In lieu of delivering a
19certification, resolution, or copy of proceedings to the department
of financial
20institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required
21to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the
22certification, resolution, or copy of proceedings to the office of the register of deeds
23of the county in which the cemetery is located.
AB163,350
24Section
350. 157.064 (7) of the statutes is amended to read:
AB163,88,5
1157.064
(7) Not more than 30 days after a transfer under sub. (6), the
2transferring association shall notify the department
of financial institutions in
3writing of the transfer, including the name and address of the accepting association
4or its treasurer. The department
of financial institutions may prescribe and furnish
5forms for providing the information required under this subsection.
AB163,351
6Section
351. 157.11 (9m) of the statutes is amended to read:
AB163,88,107
157.11
(9m) Action by district attorney. If any money or property is not
8turned over when required by this section, or default occurs under a bond, the district
9attorney, upon the request of the department
of safety and professional services,
10shall bring action to recover.
AB163,352
11Section
352. 157.12 (3) (b) of the statutes is amended to read:
AB163,88,2112
157.12
(3) (b) The cemetery's treasurer is the custodian of the fund. The
13treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
14approved by the department
of safety and professional services to indemnify the
15cemetery against loss if the treasurer fails to maintain the fund. No indemnity is
16required if the terms of sale of a mausoleum space require the purchaser to pay
17directly to a trust company in the state, designated by the cemetery as custodian of
18the fund. The fund shall be invested as provided in s. 157.19. Income from
19investment may be used only to maintain the mausoleum, except that if the amount
20of income exceeds the amount necessary to properly maintain the mausoleum the
21excess amount may be used to maintain any portion of the cemetery.
AB163,353
22Section
353. 157.62 (1) (a) (intro.) of the statutes is amended to read:
AB163,89,323
157.62
(1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
24cemetery association shall file an annual report with the department
of financial
25institutions. The report shall be made on a calendar-year basis unless the
1department
of financial institutions, by rule, provides for other reporting periods.
2The report is due on the 60th day after the last day of the reporting period. The
3annual report shall include all of the following:
AB163,354
4Section
354. 157.62 (1) (c) of the statutes is amended to read:
AB163,89,95
157.62
(1) (c) The department
of financial institutions may prescribe and
6furnish forms for reports required under this subsection. If the department
of
7financial institutions prescribes forms under this paragraph, the department
of
8financial institutions shall mail the forms to cemetery associations required to file
9under par. (a) no later than 60 days before the reports are due.
AB163,355
10Section
355. 157.65 (1) (a) of the statutes is amended to read:
AB163,89,1511
157.65
(1) (a) If the department
of safety and professional services has reason
12to believe that any person is violating or has violated this subchapter or any rule
13promulgated under this subchapter and that the continuation of that activity might
14cause injury to the public interest, the department
of safety and professional services 15may investigate.
AB163,356
16Section
356. 157.65 (1) (b) of the statutes is amended to read:
AB163,89,2017
157.65
(1) (b) If the department
of safety and professional services has reason
18to believe that any person is violating s. 157.12 or any rule promulgated under s.
19157.12 and that the continuation of that activity might cause injury to the public
20interest, the department
of safety and professional services may investigate.
AB163,357
21Section
357. 157.65 (2) of the statutes is amended to read:
AB163,90,722
157.65
(2) The department of justice or any district attorney, upon informing
23the department of justice, may commence an action in circuit court in the name of
24the state to restrain by temporary or permanent injunction any violation of this
25subchapter. The court may, prior to entry of final judgment, make such orders or
1judgments as may be necessary to restore to any person any pecuniary loss suffered
2because of the acts or practices involved in the action, if proof of such loss is submitted
3to the satisfaction of the court. The department of justice may subpoena persons and
4require the production of books and other documents, and may request the board
5described in s.
15.405 15.175 (3m) or the department
of safety and professional
6services to exercise its authority under sub. (1) to aid in the investigation of alleged
7violations of this subchapter.
AB163,358
8Section
358. 165.825 of the statutes is amended to read:
AB163,90,12
9165.825 Information link. The department of justice shall cooperate with the
10departments of
safety and professional services, health services
, and financial
11institutions
and professional standards in developing and maintaining a computer
12linkup to provide access to the information obtained from a criminal history search.
AB163,359
13Section
359. 167.35 (7) (b) of the statutes is amended to read:
AB163,90,1814
167.35
(7) (b) The department of revenue, in the course of conducting any
15inspection or examination authorized under s. 139.39, may inspect cigarettes to
16determine if the cigarettes are marked as provided under sub. (4), and the
17department of revenue shall notify the department
of safety and professional
18services of any unmarked cigarettes.
AB163,360
19Section
360. 167.35 (7) (c) of the statutes is amended to read:
AB163,91,220
167.35
(7) (c) Authorized personnel from the department of justice, from the
21department
of safety and professional services, and from the department of revenue,
22and any sheriff, police officer, or other law enforcement personnel, within their
23respective jurisdictions, may enter and inspect any premises where cigarettes are
24made, sold, offered for sale, or stored to determine if the cigarettes comply with this
25section. An inspection under this paragraph includes examining the books, papers,
1invoices, and other records of any person who is subject to this section and who is in
2control, possession, or occupancy of the premises.
AB163,361
3Section
361. 169.01 (35) (a) of the statutes is amended to read:
AB163,91,64
169.01
(35) (a) A veterinarian who is licensed in this state to practice
5veterinary medicine under ch.
453 89 and who is certified under rules promulgated
6by the department of agriculture, trade and consumer protection.
AB163,362
7Section
362. 173.05 (1) (b) of the statutes is amended to read:
AB163,91,118
173.05
(1) (b) A person to whom par. (a) applies who is a veterinarian licensed
9under ch.
453 89 is not required to complete a course of training approved by the
10department if he or she takes an examination given by the department and passes
11the examination on the first attempt.
AB163,363
12Section
363. 173.41 (2) (e) of the statutes is amended to read:
AB163,91,1513
173.41
(2) (e) A veterinarian licensed under ch.
453 89 practicing in the normal
14course of veterinary business within the scope of the license is not required to obtain
15a license under this subsection.
AB163,364
16Section
364. 173.41 (12) (a) 4. of the statutes is amended to read:
AB163,91,2117
173.41
(12) (a) 4. If persons sell or offer to sell dogs at the temporary dog market
18for 2 or more consecutive days, employ or contract with a veterinarian licensed under
19ch.
453 89 to conduct an examination of the dogs offered for sale at the temporary dog
20market on each day on which dogs are offered for sale and to review the information
21provided under par. (b).
AB163,365
22Section
365. 177.30 (2) of the statutes is amended to read:
AB163,92,523
177.30
(2) The administrator, at reasonable times and upon reasonable notice,
24may examine the records of any person to determine whether the person has
25complied with this chapter. The administrator may designate the
division of banking
1department of financial institutions and professional standards or other appropriate
2regulatory authority to examine the records of regulated institutions to determine
3if the institutions have complied with this chapter. The administrator may conduct
4the examination even if the person believes it is not in possession of any property
5reportable or deliverable under this chapter.
AB163,366
6Section
366. 182.028 of the statutes is amended to read:
AB163,92,19
7182.028 School corporations. Any corporation formed for the establishment
8and maintenance of schools, academies, seminaries, colleges or universities or for the
9cultivation and practice of music shall have power to enact bylaws for the protection
10of its property, and provide fines as liquidated damages upon its members and
11patrons for violating the bylaws, and may collect the same in tort actions, and to
12prescribe and regulate the courses of instruction therein, and to confer such degrees
13and grant such diplomas as are usually conferred by similar institutions or as shall
14be appropriate to the courses of instruction prescribed
, except that no corporation
15shall operate or advertise a school that is subject to s. 38.50 (10) without complying
16with the requirements of s. 38.50. Any stockholder may transfer his or her stock to
17the corporation for its use; and if the written transfer so provides the stock shall be
18perpetually held by the board of directors with all the rights of a stockholder,
19including the right to vote.
AB163,367
20Section
367. 186.098 (12) of the statutes is amended to read:
AB163,93,421
186.098
(12) Loans to members. A credit union may make loans to members
22secured by assignment or transfer of stock certificates or other evidence of the
23borrower's ownership interest in a corporation formed for the cooperative ownership
24of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a
25mortgage involving a one-family residence, apply to a proceeding to enforce the
1lender's rights in security given for a loan under this subsection. The office of credit
2unions shall promulgate joint rules with the
division of banking department of
3financial institutions and professional standards that establish procedures for
4enforcing a lender's rights in security given for a loan under this subsection.
AB163,368
5Section
368. 186.235 (15) (b) of the statutes is amended to read:
AB163,93,126
186.235
(15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b)
7and (c). The fees of witnesses who are called by the office in the interests of the state
8shall be paid by the state upon presentation of proper vouchers approved by the office
9of credit unions and charged to the appropriation under s.
20.144 (1) 20.142 (2) (g).
10A witness subpoenaed by the office at the instance of a party other than the office
11shall not be entitled to payment of fees by the state unless the office certifies that the
12testimony was material to the purpose for which the subpoena was issued.
AB163,369
13Section
369. 186.314 (2m) (e) of the statutes is amended to read:
AB163,93,2114
186.314
(2m) (e) Upon approval by the credit union members of the proposition
15for conversion under par. (c), the credit union shall take all necessary action under
16ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within
1790 days after receipt from the
division of banking
department of financial
18institutions and professional standards of a certificate of incorporation as a savings
19bank or state bank, the credit union shall file a copy of the certificate with the office
20of credit unions and the office of credit unions shall issue to a converting credit union
21a certificate of conversion to a savings bank or state bank.
AB163,370
22Section
370. 200.49 (1) (b) of the statutes is amended to read:
AB163,93,2423
200.49
(1) (b) "Minority group member" has the meaning given under s.
16.287 24203.07 (1) (f).
AB163,371
25Section
371. 200.57 (1) (a) of the statutes is amended to read:
AB163,94,4
1200.57
(1) (a) "Disabled veteran-owned financial adviser" and "disabled
2veteran-owned investment firm" mean a financial adviser and investment firm,
3respectively, certified
by the department of administration under s.
16.283 203.03 4(3).
AB163,372
5Section
372. 200.57 (1) (b) of the statutes is amended to read:
AB163,94,86
200.57
(1) (b) "Minority financial adviser" and "minority investment firm"
7mean a financial adviser and investment firm, respectively, certified
by the
8department of administration under s.
16.287
203.07 (2).
AB163,373
9Section
373. Chapter 203 (title) of the statutes is created to read:
AB163,94,1010
chapter 203
AB163,94,1111
business development
AB163,374
12Section
374. 203.01 of the statutes is created to read:
AB163,94,13
13203.01 Definitions. In this chapter:
AB163,94,15
14(1) "Department" means the department of financial institutions and
15professional standards.
AB163,94,17
16(2) "Secretary" means the secretary of financial institutions and professional
17standards.
AB163,375
18Section
375. 214.01 (1) (f) of the statutes is created to read:
AB163,94,2019
214.01
(1) (f) "Department" means the department of financial institutions and
20professional standards.
AB163,376
21Section
376. 214.01 (1) (im) of the statutes is repealed.
AB163,377
22Section
377. 214.04 (21) (b) of the statutes is amended to read:
AB163,95,1323
214.04
(21) (b) The rules of the
division department shall provide that any
24remote service unit shall be available for use, on a nondiscriminatory basis, by any
25state or federal savings bank which has its principal place of business in this state,
1by any other state or federal savings bank obtaining the consent of a state or federal
2savings bank that has its principal place of business in this state and is using the
3terminal and by all customers designated by a savings bank using the unit. This
4paragraph does not authorize a savings bank which has its principal place of
5business outside this state to conduct business as a savings bank in this state. A
6remote service unit shall be available for use, on a nondiscriminatory basis, by any
7credit union, state or national bank or state or federal savings and loan association,
8whose home office is located in this state, if the credit union, bank or savings and loan
9association requests to share its use, subject to joint rules established by
the division
10of banking, the office of credit unions and the
division department. The
division 11department by order may authorize the installation and operation of a remote service
12unit in a mobile facility, after notice and hearing upon the proposed service stops of
13the mobile facility.
AB163,378
14Section
378. 214.48 (4) (a) of the statutes is amended to read:
AB163,95,2015
214.48
(4) (a) An independent qualified appraiser, designated by the board of
16directors, who is properly licensed and certified by the department
of safety and
17professional services or by another entity authorized to govern appraisal licensure
18and certification and who meets the requirements of title XI of the financial
19institutions reform, recovery and enforcement act of 1989,
12 USC 3331 to
3351 and
20regulations adopted pursuant to those sections.
AB163,379
21Section
379. 214.715 (2) of the statutes is amended to read:
AB163,95,2522
214.715
(2) Employees of the
division
department may not be subject to any
23civil liability or penalty, or to any criminal prosecution, for any error in judgment or
24discretion made in good faith and upon reasonable grounds in any action taken or
25omitted
under this chapter by the employee in an official capacity.
AB163,380
1Section
380. 214.72 (1) (am) of the statutes is repealed.
AB163,381
2Section
381. 214.72 (1) (b) of the statutes is amended to read:
AB163,96,73
214.72
(1) (b) "Financial regulator" means the department secretary and
4deputy secretary, and an administrator
having duties related to financial
5institutions, a supervisor of data processing, legal counsel
, and a financial
6institution examiner employed by the department and includes any member of a
7financial regulator's immediate family, as defined in s. 19.42 (7).
AB163,382
8Section
382. 214.725 (5) of the statutes is amended to read:
AB163,96,119
214.725
(5) Employees of the
division
department or other designated agents
10may administer oaths and examine and take and preserve testimony under oath as
11to anything in the affairs or ownership of the savings bank or the entity examined.
AB163,383
12Section
383. 214.78 (3) of the statutes is amended to read:
AB163,96,1813
214.78
(3) A person who subpoenaes a witness shall advance the fees and
14mileage of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b)
15and (c). The fees of witnesses who are called by the review board in the interests of
16the state shall be paid by the state upon presentation of proper vouchers approved
17by the chairperson of the review board and charged to the appropriation under s.
1820.144 (1) 20.142 (2) (g).
AB163,384
19Section
384. 215.01 (6) of the statutes is repealed.
AB163,385
20Section
385. 215.01 (6f) of the statutes is created to read:
AB163,96,2221
215.01
(6f) "Department" means the department of financial institutions and
22professional standards.
AB163,386
23Section
386. 215.02 (4) of the statutes is amended to read: