SB457: Bill Text

SB457,45 Section 45. 227.53 (1) (a) 1. of the statutes is amended to read:

SB457,24,13 227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking institutions review board, or the credit union review board, or the savings institutions review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 4.

SB457,46 Section 46. 227.53 (1) (b) 2. of the statutes is repealed.

SB457,47 Section 47. 227.53 (1) (b) 4. of the statutes is amended to read:

SB457,24,19 227.53 (1) (b) 4. The savings banking institutions review board, the division of banking, except if the petitioner is the division of banking, the prevailing parties before the savings banking institutions review board shall be the named respondents.

SB457,48 Section 48. 227.53 (1) (d) of the statutes is amended to read:

SB457,25,3 227.53 (1) (d) Except in the case of the tax appeals commission, the banking institutions review board, and the credit union review board, and the savings institutions review board, the agency and all parties to the proceeding before it shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

SB457,49 Section 49. 403.312 (2) (c) 1. of the statutes is amended to read:

SB457,25,8 403.312 (2) (c) 1. The claim becomes enforceable at the later of the time that the claim is asserted, or the 90th 14th day following the date of the check, in the case of a cashier's check or teller's check, or the 90th 14th day following the date of the acceptance, in the case of a certified check.

SB457,50 Section 50. 705.04 (2) (intro.) of the statutes is amended to read:

SB457,25,12 705.04 (2) (intro.) If Except as provided in s. 705.06 (2m), if the account is a P.O.D. account, on the death of the original payee or the survivor of 2 or more original payees, all of the following apply:

SB457,51 Section 51 . 705.04 (2g) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

SB457,25,22 705.04 (2g) Notwithstanding subs. (1) and (2) and s. 705.06 (2m), the department of health services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., and that was paid on behalf of the decedent or the decedent's spouse.

SB457,52 Section 52. 705.06 (2m) of the statutes is created to read:

SB457,26,8 705.06 (2m) If a financial institution has any lien right, right to setoff, or security interest in a P.O.D. account resulting from the financial institution's loan or other extension of credit to an original payee, on the death of the original payee or the survivor of 2 or more original payees, the financial institution may retain control of all sums on deposit in the P.O.D. account to the extent necessary to exercise its lien right or right to setoff or to protect its security interest or may tender such sums to a court and seek a court determination, but shall pay any remaining balance of the sums on deposit to the P.O.D. beneficiary or beneficiaries as provided in s. 705.04 (2). This subsection applies notwithstanding any limitation on the rights of creditors under s. 705.07 (1).

SB457,53 Section 53. 705.06 (3) of the statutes is amended to read:

SB457,26,12 705.06 (3) The protection provided by this section subs. (1) and (2) shall have no bearing on the rights of parties or their successors in disputes concerning the beneficial ownership of funds in or withdrawn from an account.

SB457,54 Section 54. 812.18 (1) of the statutes is amended to read:

SB457,26,20 812.18 (1) From Subject to s. 812.19 (4), from the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee's possession or under his or her control belonging to the debtor or in which the debtor is interested to the extent of his or her right or interest therein and for all the garnishee's debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under s. 973.20, but not in excess of the amount of the creditor's claim.

SB457,55 Section 55. 812.19 (4) of the statutes is created to read:

SB457,27,2 812.19 (4) If a garnishee is a financial institution, as defined in s. 214.01 (1) (jn), in possession of, or obligated with respect to, property subject to garnishment, the financial institution is liable for the surrender of that property only upon expiration of a reasonable time to comply with or respond to the garnishee summons and complaint.

SB457,56 Section 56. Nonstatutory provisions.

SB457,27,8 (1) Board membership; transition provision. On the effective date of this subsection, each member of the savings institutions review board under s. 15.185 (3), 2017 stats., serving an unexpired term on that board shall become a member of the banking institutions review board for a term that expires on the member's expiration date previously established for the savings institutions review board.

SB457,27,10 (2) Consolidation of banking review board and savings institutions review board; transfer provisions.

SB457,27,12 (a) Banking review board renamed. On the effective date of this paragraph, the banking review board is renamed the banking institutions review board.

SB457,27,15 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the savings institutions review board is transferred to the banking institutions review board.

SB457,27,20 (c) Pending matters. Any matter pending with the savings institutions review board on the effective date of this paragraph is transferred to the banking institutions review board. All materials submitted to or actions taken by the savings institutions review board are considered as having been submitted to or taken by the banking institutions review board.

SB457,27,23 (d) Orders. All orders issued by the savings institutions review board in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the banking institutions review board.

SB457,28,3 (e) Secretary to resolve transition disagreements. In the case of disagreement between the savings institutions review board and the banking institutions review board with respect to any provision of this subsection, the secretary of financial institutions shall determine the matter and shall develop a plan for an orderly transfer.

SB457,57 Section 57 . Initial applicability.

SB457,28,7 (1) Payment of lost, destroyed, or stolen instruments. The treatment of s. 403.312 (2) (c) 1. first applies to claims asserted on the effective date of this subsection.

SB457,28,11 (2) Federal Home Loan Bank loans; retroactive applicability. The treatment of s. 221.0324 (9) first applies retroactively to loans made or credit extended before, and applies to loans made or credit extended on or after, the effective date of this subsection.

SB457,28,14 (3) Independent data processing servicers. The treatment of s. 224.46 (3) first applies to contracts entered into, renewed, or amended on the effective date of this subsection.

SB457,58 Section 58. Effective dates. This act takes effect on the day after publication, except as follows:

SB457,28,19 (1) Banking institutions review board. The treatment of s. 15.185 (1) (by Section 6) takes effect on May 2, 2021, or on the day after publication, whichever is later.

SB457,28,21 (2) Mortgage loan originators. The treatment of s. 224.725 (1) and (1r) takes effect on November 28, 2019, or on the day after publication, whichever is later.

SB457,28,24 (3) Independent data processing servicers. The treatment of s. 224.46 and Section 57 (3) of this act take effect on the first day of the 4th month beginning after publication.

SB457,28,25 (End)