AB504: Bill Text

Under current law, with certain exceptions, a person may not engage in business as a mortgage banker, mortgage broker, or mortgage loan originator unless the person is licensed as such by DFI. A mortgage banker is a person that originates residential mortgage loans (loans) for itself or for another person; sells loans or interests in loans to another person; or services loans or provides escrow services. A mortgage broker is a person that, among other activities, assists others, for compensation, in obtaining or applying for loans, but does not make underwriting decisions or close loans. A mortgage loan originator is an individual who, for compensation, takes loan applications or offers or negotiates terms of a loan. Certain of DFI's licensing and registration functions are administered through the Nationwide Mortgage Licensing System and Registry (NMLSR), as required under the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

Under current law, state and federally chartered financial institutions (depository institutions) are not required to be licensed as mortgage bankers or mortgage brokers. A depository institution may register with DFI (registered entity) for the purpose of sponsoring licensed mortgage loan originators that are under the depository institution's direct control. An individual who is registered with the NMLSR and employed by the depository institution as a mortgage loan originator (registered mortgage loan originator) is not required to hold a mortgage loan originator license issued by DFI.

Also under current law, a mortgage loan originator may act on behalf of only the mortgage banker, mortgage broker, or registered entity with which that mortgage loan originator's license is associated in DFI's records. A mortgage loan originator's license may only be associated with one mortgage banker, mortgage broker, or registered entity at a time. The mortgage banker, mortgage broker, or registered entity is responsible for, and must supervise the acts of, the mortgage loan originator with whom it is associated.

Under this bill, an individual who applies to DFI for a mortgage loan originator license is considered to have temporary authority to act as a mortgage loan originator if the individual is employed by a licensed mortgage banker or mortgage broker, was a registered mortgage loan originator or licensed as a mortgage loan originator in another state, and meets certain other requirements, including that the individual was not previously denied a license and has not been convicted of a disqualifying crime. The period for which the individual has temporary authority begins when the individual furnishes certain required application information to the NMLSR and ends upon the earliest of certain events, including DFI's granting or denial of the license. During this period, the individual is associated with the mortgage banker or mortgage broker employing the individual and is considered to have mortgage loan originator authority subject to all applicable requirements, including duties imposed on the associated mortgage banker or mortgage broker.

Financial institution's possession of property subject to garnishment

This bill specifies that a financial institution in possession of a debtor's property subject to garnishment or tax levy is liable for the surrender of this property only upon expiration of a reasonable time to comply with the garnishment directive or demand by the Department of Revenue.

Under current law, a creditor who has obtained judgment against a debtor may proceed against any third party in possession of the debtor's property by commencing a garnishment action. From the time of service on the third party (referred to in a garnishment action as a garnishee) of the summons and complaint, the garnishee is liable to the creditor for the debtor's property then in the garnishee's possession or under the garnishee's control, up to the amount of the creditor's claim.

Also under current law, DOR has certain procedures available to collect unpaid taxes. Among these, DOR may levy upon property belonging to the person responsible for the unpaid taxes. Upon demand by DOR, a third party in possession of property subject to the levy must surrender the property, and the third party is liable to DOR for the value of the property if it is not surrendered.

Under this bill, if the third-party garnishee in a garnishment action, or the third party to whom a demand is made by DOR to surrender property subject to a tax levy, is a financial institution, the financial institution is liable for the surrender of the subject property only upon expiration of a reasonable time to comply with the garnishment summons or demand by DOR.

Data processing services provided to financial institutions

This bill creates certain provisions applicable to entities that provide to financial institutions electronic data processing services (independent data processing servicers). Under the bill, if a financial institution transfers or otherwise makes available to an independent data processing servicer any data from the financial institution's records, this data remains the property of the financial institution, and the independent data processing servicer has no right, title, or interest in, or claim to legal ownership of, the data. Also under the bill, an independent data processing servicer may not enter into a contract with a financial institution unless the contract discloses in separate contract provisions 1) all fees or charges that the independent data processing servicer may impose on the financial institution; and 2) any formula or other grounds that the independent data processing servicer may apply or rely upon to terminate the contract.

Federal Home Loan Bank loans

This bill eliminates certain limitations on loans to state banks made by a Federal Home Loan Bank.

Under current law, a state bank may become a member of a Federal Home Loan Bank and borrow money from the Federal Home Loan Bank for a term not to exceed 20 years. The state bank may pledge bank assets having a value that does not exceed two times the amount of the loan as collateral to secure the loan, but the total assets pledged may not exceed four times the amount of the bank's capital.

This bill eliminates, with respect to a loan to a bank from a Federal Home Loan Bank, the 20-year term limitation and the limitation on the value of bank assets that may be pledged as collateral to secure the loan.

Banking Review Board and Savings Institutions Review Board

This bill renames the Banking Review Board as the Banking Institutions Review Board and consolidates it with the Savings Institutions Review Board.

Current law creates in DFI a five-member Banking Review Board and a five-member Savings Institutions Review Board. The Banking Review Board advises the Division of Banking (division) in DFI on matters related to banks and banking and reviews the division's administrative actions related to banks and banking. The Savings Institutions Review Board advises the division on matters related to savings banks and savings and loan associations and reviews the division's administrative actions related to savings banks and savings and loans.

Under the bill, the renamed and consolidated Banking Institutions Review Board has ten members until May 1, 2020, six members after May 1, 2020, and until May 1, 2021, and five members after May 1, 2021. The functions of the Banking Institutions Review Board are the same as the current functions, merged, of the Banking Review Board and Savings Institutions Review Board

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB504,1 Section 1. 15.07 (1) (b) 1. of the statutes is amended to read:

AB504,5,2 15.07 (1) (b) 1. Banking institutions review board.

AB504,2 Section 2. 15.07 (1) (b) 5. of the statutes is repealed.

AB504,3 Section 3. 15.07 (5) (b) of the statutes is amended to read:

AB504,5,6 15.07 (5) (b) Members of the banking institutions review board, $25 per day but not to exceed $1,500 per year.

AB504,4 Section 4. 15.07 (5) (g) of the statutes is repealed.

AB504,5 Section 5. 15.185 (1) of the statutes is amended to read:

AB504,6,8 15.185 (1) Banking institutions review board. There is created in the department of financial institutions a banking institutions review board consisting of 5 10 persons, until May 1, 2020, and consisting of 6 persons after May 1, 2020. The members of the board shall be appointed for staggered 5-year terms. At least 3 members shall be experienced bankers or savings institution employees having at least 5 years' experience in the banking or savings institution business. No member is qualified to act in any matter involving a bank or savings institution in which the member is an officer, director, or stockholder, or to which the member is indebted.

AB504,6 Section 6 . 15.185 (1) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB504,6,18 15.185 (1) Banking institutions review board. There is created in the department of financial institutions a banking institutions review board consisting of 10 5 persons until May 1, 2020, and consisting of 6 persons after May 1, 2020. The members of the board shall be, appointed for staggered 5-year terms. At least 3 members shall be experienced bankers or savings institution employees having at least 5 years' experience in the banking or savings institution business. No member is qualified to act in any matter involving a bank or savings institution in which the member is an officer, director, or stockholder, or to which the member is indebted.

AB504,7 Section 7. 15.185 (3) of the statutes is repealed.

AB504,8 Section 8. 71.91 (6) (a) 1r. of the statutes is created to read:

AB504,6,22 71.91 (6) (a) 1r. “Financial institution" has the meaning given in s. 214.01 (1) (jn).

AB504,9 Section 9. 71.91 (6) (c) 1. of the statutes is amended to read:

AB504,7,3 71.91 (6) (c) 1. Except as provided in subd. 2. and par. (d) 4., any person in possession of, or obligated with respect to, property subject to levy upon which a levy has been made shall, upon demand of the department, surrender that property unless it is subject to attachment or execution under judicial process, or discharge that obligation, to the department.

AB504,10 Section 10. 71.91 (6) (d) 1. of the statutes is amended to read:

AB504,7,14 71.91 (6) (d) 1. Any Except as provided in subd. 4., any person, including an officer or employee, who fails to surrender property that is subject to levy upon demand of the department is liable to the department for a sum equal to the value of the property not surrendered, but not exceeding the amount of taxes for the collection of which that levy was made, together with costs and interest at the rate of 18 percent per year from the date of that levy. Any amount, other than costs, recovered under this paragraph shall be credited against the tax liability for the collection of which that levy was made. The liability under this paragraph may be assessed, levied and collected as are additional income or franchise taxes or may be recovered by the department in a civil action.

AB504,11 Section 11. 71.91 (6) (d) 4. of the statutes is created to read:

AB504,7,20 71.91 (6) (d) 4. If a financial institution is in possession of, or obligated with respect to, property subject to levy upon which a levy has been made, the financial institution is liable under this paragraph for failure to surrender that property or discharge that obligation only upon expiration of a reasonable time to comply with the department's demand for the property.

AB504,12 Section 12. 214.01 (1) (sr) of the statutes is amended to read:

AB504,7,23 214.01 (1) (sr) “Review board" means the savings banking institutions review board.

AB504,13 Section 13. 215.01 (22) of the statutes is amended to read:

AB504,8,2 215.01 (22) “Review board" means the savings banking institutions review board.

AB504,14 Section 14. 220.02 (5) of the statutes is amended to read:

AB504,8,10 220.02 (5) Except 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 institutions review board to review the same. All such applications for review shall be considered and disposed of as speedily as possible. The banking institutions review board may require the division to submit any of the division's actions subject to such review to said board for its approval.

AB504,15 Section 15. 220.035 (title) of the statutes is amended to read:

AB504,8,12 220.035 (title) Banking institutions review board.

AB504,16 Section 16. 220.035 (1) (a) of the statutes is amended to read:

AB504,8,21 220.035 (1) (a) The banking institutions 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 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 institutions 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.

AB504,17 Section 17. 220.035 (2) of the statutes is amended to read:

AB504,8,25 220.035 (2) The banking institutions review board may make rules and regulations to safeguard the interest of depositors and stockholders generally in emergencies.

AB504,18 Section 18. 220.035 (3) of the statutes is amended to read:

AB504,9,3 220.035 (3) Any final order or determination of the banking institutions review board shall be subject to review in the manner provided in ch. 227.

AB504,19 Section 19. 220.035 (6) of the statutes is amended to read:

AB504,9,9 220.035 (6) Any bank whose assets, upon the basis of a fair valuation, are equal to or in excess of its liabilities exclusive of capital stock, preferred stock, capital notes, and debentures, shall be deemed to be safe and solvent. The banking institutions review board may prescribe schedules, rules, and regulations for arriving at a fair valuation of various classes of assets of banks.

AB504,20 Section 20. 220.04 (1) (a) of the statutes is amended to read:

AB504,9,22 220.04 (1) (a) The division shall examine at least once every 18 months the cash, bills, collaterals, securities, assets, books of account, condition, and affairs of each bank and trust company bank doing business in this state, except national banks. For that purpose the division may examine on oath any of the officers, agents, directors, clerks, stockholders, customers, or depositors thereof, touching the affairs and business of such institution. In conducting examinations under this paragraph, the division may accept and rely on information collected by other agencies or independent 3rd parties in determining whether a bank or trust company bank has satisfied any requirement that is part of the examination. In making such examinations of banks, the division shall determine the fair valuation of all assets in accordance with the schedules, rules, and regulations prescribed by the banking institutions review board.

AB504,21 Section 21. 220.04 (4) of the statutes is amended to read:

AB504,9,25 220.04 (4) Whenever the division is of the opinion that the loaning, investing, or other banking policies or practices of any officer or director of any bank have been prejudicial to the best interests of such bank or its depositors, or that such policies or practices, if put into operation or continued, will endanger the safety or solvency of said bank or impair the interests of its depositors, the division may, with the approval of the banking institutions review board, request the removal of such officer or director. Such request shall be served on the bank and on such officer or director in the manner provided by law for serving a summons in a court of record or shall be transmitted to said bank and officer or director by registered mail with return receipt requested. If such request for removal is not complied with within a reasonable time fixed by the division, the division may by order, with like approval of the banking institutions review board, remove such officer or director, but no order of removal shall be entered until after an opportunity for hearing before the banking institutions review board is given to such officer or director upon not less than 10 days' notice. An order of removal shall take effect as of the date issued. A copy of such order shall be served upon the bank and upon such officer or director in the manner provided by law for service of a summons in a court of record or by mailing such copy to the bank or officer or director at the bank's or officer's or director's last-known post-office address. Any removal under this subsection shall be effective in all respects the same as if made by the board of directors or stockholders of said bank. Any officer or director removed from office under the provisions of this subsection shall not be reelected as an officer or director of any bank without the approval of the division and the banking institutions review board. An order of removal under this subsection shall be deemed a final order or determination of the banking institutions review board within the meaning and contemplation of s. 220.035 (3).

AB504,22 Section 22. 220.04 (6) of the statutes is amended to read:

AB504,11,4 220.04 (6) (a) The division, with the approval of the banking institutions review board, may establish uniform savings rules which shall be adopted by every bank and trust company bank. Such rules may provide the conditions under which banks or trust company banks may accept deposits.

AB504,11,8 (b) In times of financial distress, the commissioner with the approval of the banking institutions review board may by order restrict the withdrawal of any class of deposits in any bank or trust company bank. The pendency of any proceeding for review of such order shall not stay or suspend the operation of such order.

AB504,11,16 (d) The division, with the approval of the banking institutions review board, may establish rules regulating the kind and amount of foreign bonds or bonds and securities offered for sale by the international bank for reconstruction and development, the inter-American development bank, the international finance corporation, the African development bank and the Asian development bank which state banks and trust company banks may purchase, except that such rules shall not apply to bonds and securities of the Canadian government and Canadian provinces, which are payable in American funds.

AB504,23 Section 23. 220.04 (7) (b) (intro.) of the statutes is amended to read:

AB504,11,20 220.04 (7) (b) (intro.) The division may, with the approval of the banking institutions review board, establish uniform rules regulating organizations engaging in fiduciary operations. Such rules may:

AB504,24 Section 24. 220.04 (8) of the statutes is amended to read:

AB504,12,7 220.04 (8) Unless the division is expressly restricted by statute from acting under this subsection with respect to a specific power, right, or privilege, the division by rule may, with the approval of the banking institutions review board, authorize state banks to exercise any power under the notice, disclosure, or procedural requirements governing national banks or to make any loan or investment or exercise any right, power, or privilege permitted national banks under federal law, regulation, or interpretation. Notice, disclosure , and procedures prescribed by statute which may be modified by a rule adopted under this subsection include, but are not limited to, those provided under s. 138.056. A rule adopted under this subsection may not affect s. 138.041 or chs. 421 to 428 or restrict powers specifically granted state banks under this chapter or ch. 221 or 224.

AB504,25 Section 25. 220.04 (9) (f) 2. of the statutes is amended to read:

AB504,12,14 220.04 (9) (f) 2. An official or regulated entity who violates an order issued under par. (d) shall, for each violation, forfeit not more than $1,000 per day for each day the violation continues. Assessment of a forfeiture under this subdivision shall commence on the latest of 10 days after the date of delivery of the order or, if an appeal is taken under s. 220.035, 10 days after the date of the decision of the banking institutions review board.

AB504,26 Section 26. 220.04 (12) of the statutes is amended to read:

AB504,13,8 220.04 (12) If the division has information that causes the division to believe that any bank, trust company bank, or any other person subject in whole or in part to supervision or control by the division, or any officer, employee, member, or manager thereof, has violated any law, rule, or order that subjects the person to prosecution for a criminal offense or to a penalty, the division shall bring such information to the attention of the banking institutions review board, with the division's recommendation in writing as to action to be taken. The banking institutions review board shall, if in its judgment probable cause exists for believing that a criminal offense has been committed, or a penalty incurred, call the facts and information to the attention of the attorney general whose duty it shall be to cause prosecution or other action to be instituted if, in the attorney general's judgment, the facts warrant. This subsection does not prevent the institution of any prosecution by any district attorney of this state with or without any advice or act on the part of the attorney general. This subsection does not preclude the division, in any case where the division deems it important to act immediately, from causing any arrest and prosecution where the division is satisfied that there is reason to believe the offense has been committed and that prosecution should be immediately commenced.

AB504,27 Section 27. 220.05 (2) of the statutes is amended to read:

AB504,13,15 220.05 (2) On or before July 15 of each year, each state bank and trust company bank shall pay to the division an annual assessment for the maintenance of the functions of the division in an amount to be determined by the banking institutions review board, but which shall not exceed 8 cents per $1,000 of resources, or part thereof, for the first $5,000,000 and shall not exceed 6 cents per $1,000, or part thereof, for all resources over $5,000,000.

AB504,28 Section 28. 220.06 (1m) of the statutes is amended to read:

AB504,14,11 220.06 (1m) No division employee may examine a bank or licensee in which that person is interested as a stockholder, officer, or employee. No division employee may examine a bank or licensee located in the same village, city , or county with any bank or licensee in which that person is so interested. Employees in the division, and each member and employee of the banking institutions review board, shall keep secret all facts and information obtained in the course of examinations or from reports not under s. 221.1002 (1) filed by a bank or licensee with the division, except so far as the public duty of the person requires reporting upon or taking special action regarding the affairs of any bank or licensee, and except when called as a witness in any criminal proceeding or trial in a court of justice. The division may furnish to the federal deposit insurance corporation, to a federal home loan bank, or to any regulatory authority for state or federal financial institutions, insurance, or securities a copy of any examination made of any such bank or licensee or of any report made by such bank or licensee and may give access to and disclose to the corporation or to any regulatory authority for state or federal financial institutions, insurance, or securities any information possessed by the division, or to a federal home loan bank any information created by the division, with reference to the conditions or affairs of any such insured bank or licensee if the regulatory authority agrees to treat all information received with the same degree of confidentiality as applies to reports of examination that are in the custody of the division.

AB504,29 Section 29. 220.06 (2) of the statutes is amended to read:

AB504,14,18 220.06 (2) If any employee in the division or any member of the banking institutions review board or any employee thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position.

AB504,30 Section 30. 220.07 (2) of the statutes is amended to read:

AB504,15,3 220.07 (2) Review of order. In any case where the division has made an order requiring capital to be made good, the bank may within 10 days after the making of said order secure a review of same by the banking institutions review board by filing with the division a statement requesting such review and stating the grounds of objection to the order of the division. Said board shall promptly conduct a hearing thereon after affording reasonable notice to the bank and shall affirm, modify, or set aside the order of the division. No such review or hearing shall extend the time for compliance with the order of the division unless the banking institutions review board shall so direct.

AB504,31 Section 31. 220.08 (1) of the statutes is amended to read:

AB504,16,14 220.08 (1) Whenever it shall appear to the division that any bank or banking corporation to which this chapter is applicable has violated its charter or any law of the state, or is conducting its business in an unsafe or unauthorized manner, or if the capital of any such bank or banking corporation is impaired, or if any such bank or banking corporation shall refuse to submit its books, papers, and concerns to the inspection of any examiner, or if any officer thereof shall refuse to be examined upon oath touching the concerns of any such bank or banking corporation, or if any such bank or banking corporation shall suspend payment of its obligations, or if from any examination or report provided for by this chapter the division shall have reason to conclude that such bank or banking corporation is in an unsound or unsafe condition to transact the business for which it is organized, or that it is unsafe and inexpedient for it to continue business, or if any such bank or banking corporation shall neglect or refuse to observe an order of the division, specified in s. 220.07, or if the division shall find that the management of the bank or the manner in which the work of any of its officers or employees is done, if continued, is such as to endanger the safety or solvency of the bank and the division shall have made written recommendations for change in management or officers and employees and such recommendation shall not have been complied with after the expiration of a reasonable time therefor fixed by the division, the division may take possession of the property and business of such bank or banking corporation, and retain such possession until such bank or banking corporation shall resume business, or its affairs be finally liquidated as herein provided. Whenever facts have come to the attention of the division which cause the division to believe that it may be necessary or advisable to take possession of a bank, or if the division has reasonable cause to believe that any of the grounds for taking possession of a bank, specified in this section, exist, the division shall bring the matter to the attention of the banking institutions review board, reporting to them in writing the situation and the division's recommendation as to action to be taken. The banking institutions review board shall promptly consider the matter and promptly decide whether or not the division should take possession of the bank. If the review board decides that the division should take possession, the division shall forthwith take possession as hereinbefore provided. If at any time the division is confronted with an emergency situation where in the division's opinion it is imperative in order to protect the public or for other reasons that possession of the bank be at once taken, the division may do so forthwith without referring the matter to the banking institutions review board.

AB504,32 Section 32. 220.08 (3a) of the statutes is amended to read:

AB504,16,22 220.08 (3a) That in addition to the authority conferred by sub. (3), the division with the approval of the banking institutions review board may, for purposes of collection or liquidation, sell, assign, convey, and transfer or approve the sale, assignment, conveyance, and transfer of the assets of a closed bank or bank operating under a stabilization and readjustment agreement to any other bank or trust company under such terms and conditions as the division may deem for the best interests of the depositors and unsecured creditors of such bank.

AB504,33 Section 33. 220.08 (9) of the statutes is amended to read:

AB504,17,16 220.08 (9) Whenever any such bank or banking corporation, of whose property and business the division has taken possession, as aforesaid, deems itself aggrieved thereby, it may, at any time within 10 days after such taking possession, apply to the circuit court for the county in which such bank or banking corporation is located to enjoin further proceedings; and said court, after citing the division to show cause why further proceedings should not be enjoined and hearing the allegations and proofs of the parties and determining the facts may, upon the merits dismiss such application or enjoin the division from further proceedings, and direct the division to surrender such business and property to such bank or banking corporation. Said bank or banking corporation may, if it desires so to do, within 10 days after taking possession apply to the banking institutions review board to review the action of the division in taking possession. The banking institutions review board shall act speedily on such application. Within 10 days after notice of the decision of the banking institutions review board, said bank or banking corporation may apply to said circuit court of the county in which such bank or banking corporation is located to enjoin further proceedings. The proceedings on such application shall be on notice to the division and shall be the same as where the application to the court is made as above provided without application to the review board.

AB504,34 Section 34. 220.085 of the statutes is amended to read: