SB21: Bill Text

SB21,3562 Section 3562. 218.04 (1) (c) of the statutes is repealed.

SB21,3563 Section 3563. 218.05 (1) (cm) of the statutes is created to read:

SB21,1350,17 218.05 (1) (cm) "Department" means the department of financial institutions and professional standards.

SB21,3564 Section 3564. 218.05 (1) (d) of the statutes is repealed.

SB21,3565 Section 3565. 219.09 (1) (h) of the statutes is created to read:

SB21,1350,20 219.09 (1) (h) The University of Wisconsin System Authority.

SB21,3566 Section 3566. 220.01 (1m) of the statutes is repealed.

SB21,3567 Section 3567. 221.0303 (2) of the statutes is amended to read:

SB21,1351,14 221.0303 (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.

SB21,3568 Section 3568. 221.0802 of the statutes is amended to read:

SB21,1352,4 221.0802 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).

SB21,3569 Section 3569. 222.0102 (3) of the statutes is repealed.

SB21,3570 Section 3570. 224.30 (5) of the statutes is created to read:

SB21,1352,10 224.30 (5) Electronic filing. (a) In this subsection, "filing" means the submission to the department of any form, instrument, application, report, notice, or other information required or permitted to be submitted to the department for retention in the department's records.

SB21,1352,15 (b) Subject to par. (c), the department may require any filing to be made electronically in a manner prescribed by the department. Subject to par. (c), if the department requires that a filing be made electronically, the department may require that any fee associated with the filing be paid using a suitable method prescribed by the department.

SB21,1352,17 (c) The department may waive any requirement imposed under par. (b) if all of the following apply:

SB21,1352,21 1. The person affected by the requirement makes a written request to the department, in a manner prescribed by the department, that the requirement be waived and clearly states in the request why the requirement causes the person undue hardship.

SB21,1352,23 2. The department determines, in its discretion, that the requirement, if imposed on the person, would cause the person undue hardship.

SB21,3571 Section 3571. 224.71 (1br) (intro.) of the statutes is amended to read:

SB21,1353,6 224.71 (1br) (intro.) "Bona fide nonprofit organization" means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, that is certified by the federal department of housing and urban development or the Forward Wisconsin Housing and Economic Development Authority, and that does all of the following:

SB21,3572 Section 3572. 224.71 (1e) of the statutes is repealed.

SB21,3573 Section 3573. 224.90 (1) of the statutes is repealed.

SB21,3574 Section 3574. 227.01 (1) of the statutes is amended to read:

SB21,1353,13 227.01 (1) "Agency" means a board, commission, committee, department, or officer in the state government, except the governor, a district attorney or a military or judicial officer, and in this subchapter, subch. II, and s. 227.40, "agency" includes the Board of Regents of the University of Wisconsin System Authority.

SB21,3575 Section 3575. 227.01 (13) (kr) of the statutes is repealed.

SB21,3576 Section 3576. 227.01 (13) (Lg) of the statutes is created to read:

SB21,1353,17 227.01 (13) (Lg) Is a policy or procedure adopted by the Board of Regents of the University of Wisconsin System Authority under ch. 36.

SB21,3577 Section 3577. 227.01 (13) (Lm) of the statutes is repealed.

SB21,3578 Section 3578. 227.01 (13) (Ln) of the statutes is repealed.

SB21,3579 Section 3579. 227.01 (13) (Lr) of the statutes is amended to read:

SB21,1353,22 227.01 (13) (Lr) Determines what constitutes high-demand fields for purposes of s. 38.28 (2) (be) 1. b. and s. 106.34 (2) (b).

SB21,3580 Section 3580. 227.01 (13) (sm) of the statutes is created to read:

SB21,1353,25 227.01 (13) (sm) Is a standard or statement of policy adopted by the charter school oversight board.

SB21,3581 Section 3581. 227.01 (13) (zq) of the statutes is amended to read:

SB21,1354,3 227.01 (13) (zq) Designates the Kickapoo valley reserve under s. 41.41 23.0927 (2).

SB21,3582 Section 3582. 227.01 (13) (zy) of the statutes is amended to read:

SB21,1354,8 227.01 (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.

SB21,3583 Section 3583. 227.03 (2) of the statutes is amended to read:

SB21,1354,13 227.03 (2) Except as provided in s. ss. 108.105, 949.11, and 949.31, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108, or 949.

SB21,3584 Section 3584. 227.03 (4) of the statutes is amended to read:

SB21,1354,20 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of community supervision or aftercare supervision under s. 938.357 (5), the revocation of parole, extended 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.

SB21,3585 Section 3585. 227.10 (3) (e) of the statutes is amended to read:

SB21,1354,25 227.10 (3) (e) Nothing in this subsection prohibits the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration from promulgating rules relating to expanded certification under s. 230.25 (1n).

SB21,3586 Section 3586. 227.43 (1) (bk) of the statutes is created to read:

SB21,1355,3 227.43 (1) (bk) Assign a hearing examiner to preside over any hearing or review under s. 44.40 (3m) or 44.42 (3).

SB21,3587 Section 3587. 227.43 (1) (bm) of the statutes is created to read:

SB21,1355,6 227.43 (1) (bm) Assign a hearing examiner to preside over any hearing or review of a worker's compensation claim or other dispute under ch. 102.

SB21,3588 Section 3588. 227.43 (2) (am) of the statutes is created to read:

SB21,1355,12 227.43 (2) (am) The office of the commissioner of insurance shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bm) after the office of the commissioner of insurance is notified that a hearing on the matter is required.

SB21,3589 Section 3589. 227.43 (3) (a) of the statutes is amended to read:

SB21,1355,17 227.43 (3) (a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources 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) (f).

SB21,3590 Section 3590. 227.43 (3) (b) of the statutes is amended to read:

SB21,1355,22 227.43 (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) (f).

SB21,3591 Section 3591. 227.43 (3) (bm) of the statutes is created to read:

SB21,1356,2 227.43 (3) (bm) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the office of the commissioner of insurance by a hearing examiner under this section. The fee shall cover the total cost of the services.

SB21,3592 Section 3592. 227.43 (3) (br) of the statutes is amended to read:

SB21,1356,7 227.43 (3) (br) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of public instruction 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) (f).

SB21,3593 Section 3593. 227.43 (3) (f) of the statutes is created to read:

SB21,1356,12 227.43 (3) (f) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the historical society 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) (f).

SB21,3594 Section 3594. 227.43 (4) (bm) of the statutes is created to read:

SB21,1356,16 227.43 (4) (bm) The office of the commissioner of insurance shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bm), according to the fees set under sub. (3) (bm).

SB21,3595 Section 3595. 227.43 (4) (f) of the statutes is created to read:

SB21,1356,20 227.43 (4) (f) The historical society shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (bk), according to the fees set under sub. (3) (f).

SB21,3596 Section 3596. 227.47 (2) of the statutes is amended to read:

SB21,1357,7 227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the director of the office administrator of the division of state employment relations personnel management in the department of administration made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

SB21,3597 Section 3597. 227.52 (3) of the statutes is amended to read:

SB21,1357,14 227.52 (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.

SB21,3598 Section 3598. 227.55 of the statutes is renumbered 227.55 (1) and amended to read:

SB21,1358,5 227.55 (1) Within 30 days after service of the petition for review upon the agency, or within such further time as the court may allow allows, the agency in possession of the record for the decision under review shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings in which the decision under review was made, including all pleadings, notices, testimony, exhibits, findings, decisions, orders, and exceptions, therein; but except that by stipulation of all parties to the review proceedings the record may be shortened by eliminating any portion thereof of the record. Any party, other than the agency that is a party, refusing to stipulate to limit the record may be taxed by the court for the additional costs. The Except as provided in sub. (2), the record may be typewritten or printed. The exhibits may be typewritten, photostated photocopied, or otherwise reproduced, or, upon motion of any party, or by order of the court, the original exhibits shall accompany the record. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

SB21,3599 Section 3599. 227.55 (2) of the statutes is created to read:

SB21,1358,10 227.55 (2) In the case of a record under sub. (1) that is in the possession of the division of hearings and appeals, if any portion of the record is in the form of an audio or video recording, the division may transmit to the reviewing court a copy of that recording in lieu of preparing a transcript, unless the court requests a transcript.

SB21,3600 Section 3600. 227.59 of the statutes is amended to read:

SB21,1359,4 227.59 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.

SB21,3601 Section 3601. 229.46 (1) (ag) of the statutes is amended to read:

SB21,1359,7 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3602 Section 3602. 229.46 (1) (b) of the statutes is amended to read:

SB21,1359,10 229.46 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3603 Section 3603. 229.70 (1) (ag) of the statutes is amended to read:

SB21,1359,13 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3604 Section 3604. 229.70 (1) (am) of the statutes is amended to read:

SB21,1359,16 229.70 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3605 Section 3605. 229.70 (1) (b) of the statutes is amended to read:

SB21,1359,19 229.70 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3606 Section 3606. 229.8273 (1) (am) of the statutes is amended to read:

SB21,1359,22 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3607 Section 3607. 229.8273 (1) (b) of the statutes is amended to read:

SB21,1359,25 229.8273 (1) (b) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3608 Section 3608. 229.8273 (1) (c) of the statutes is amended to read: