224.35(4)(a)1.1. Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of federal or state government. 224.35(4)(a)2.2. Subpoena or discovery, or admission into evidence, in any private civil action or administrative proceeding, unless the person to whom the information or material pertains waives any right or protection of confidentiality or privilege in the information or material. 224.35(4)(b)(b) Confidential or privileged information or material under par. (a) may be shared with any state or federal regulatory agency having supervisory authority over activities to which licenses identified in sub. (1r) apply without losing any right or protection of confidentiality or privilege under federal or state law. 224.35(4)(c)(c) This subsection does not prohibit the nationwide multistate licensing system and registry from providing public access to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, persons holding licenses identified in sub. (1r). 224.35(5)(5) Cooperative arrangements. The division may enter into cooperative, coordinating, or information-sharing arrangements or agreements with other governmental agencies or with associations representing other governmental agencies, including the Conference of State Bank Supervisors. 224.35(6)(6) Changes to information. A licensee shall keep current and accurate all material information on file with the division and the nationwide multistate licensing system and registry. If the information changes in any material respect, the licensee must notify the division and the nationwide multistate licensing system of the change within 10 days after the change. 224.35(7)(7) License renewal and reinstatement. 224.35(7)(a)(a) During the renewal period, a licensee may renew a license by submitting all of the following through the nationwide multistate licensing system and registry or in such other manner as directed by the division: 224.35(7)(a)1.1. A renewal application, in a form and manner acceptable to the division. 224.35(7)(a)2.2. The annual fee required to maintain the license, if applicable. 224.35(7)(a)3.3. The bond or insurance information required to maintain the license, if applicable. 224.35(7)(a)4.4. Certification of the completion of continuing education courses required to maintain the license, if applicable. 224.35(7)(b)(b) During the reinstatement period, a licensee may reinstate a license by submitting all the items in par. (a) 1. to 4., plus an additional nonrefundable fee of $100, through the nationwide multistate licensing system and registry or in such other manner as directed by the division. 224.35(7)(c)(c) After the reinstatement period, an expired license may not be reinstated. 224.35(7)(d)(d) The division may deny an application to renew a license if any fact or condition exists that would warrant revocation or suspension of the license. 224.35(7)(e)(e) The renewal term is for a period of one year, beginning January 1 of each year after the initial term. 224.35(8)(8) Annual reports and financial statements. 224.35(8)(b)(b) Annual reports. Each licensee shall annually, on or before March 31, submit through the nationwide multistate licensing system and registry or in such other manner as directed by the division, a report giving such reasonable and relevant information as the division may require concerning the business transacted by the licensee. This report shall be made in the form and manner prescribed by the division. 224.35(8)(c)(c) Financial statements. Each licensee shall annually, no later than 90 days following the end of its most recently completed fiscal year, submit through the nationwide multistate licensing system and registry or in such other manner as directed by the division, a copy of the licensee’s financial statements for that fiscal year. The financial statements shall include a balance sheet and income statement and shall be prepared in accordance with generally accepted accounting principles. Effective date noteNOTE: This section is shown as affected eff. 1-1-25 by 2023 Wis. Act 267. 224.35 HistoryHistory: 2009 a. 2; 2023 a. 267 ss. 136 to 138, 158 to 163; Stats. 2023 s. 224.35; s. 35.17 correction in (1m) (bm). 224.40224.40 Disclosure of financial records for child support enforcement. 224.40(2)(2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of children and families in accordance with rules promulgated under s. 49.853 (2). 224.40(3)(3) Limited liability. A financial institution is not liable for any of the following: 224.40(3)(a)(a) Disclosing a financial record of an individual to the county child support agency attempting to establish, modify or enforce a child support obligation of the individual. 224.40(3)(b)(b) Disclosing information to the department of children and families or a county child support agency pursuant to the financial record matching program under s. 49.853. 224.40(3)(c)(c) Encumbering or surrendering any assets held by the financial institution in response to instructions provided by the department of children and families or a county child support agency for the purpose of enforcing a child support obligation. 224.40 HistoryHistory: 1997 a. 191; 2007 a. 20. 224.42224.42 Disclosure of financial records for Medical Assistance and food stamp program eligibility. 224.42(2)(2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of health services under ss. 49.45 (4m) and 49.79 (1t). 224.42(3)(3) Limited liability. A financial institution is not liable for any of the following: 224.42(3)(a)(a) Disclosing a financial record of an individual or other information to the department of health services in accordance with an agreement, and its participation in the program, under s. 49.45 (4m) or 49.79 (1t). 224.44224.44 Disclosure of financial records for collection of unemployment insurance debt. 224.44(2)(2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of workforce development under s. 108.223. 224.44(3)(3) Limited liability. A financial institution is not liable for any of the following: 224.44(3)(a)(a) Disclosing a financial record of an individual or other information to the department of workforce development in accordance with an agreement, and its participation in the program, under s. 108.223. 224.44 HistoryHistory: 2013 a. 36. 224.45224.45 Financial exploitation of vulnerable adults. 224.45(1)(a)(a) “Account” means funds or assets held by a financial service provider, including a deposit account, savings account, share account, certificate of deposit, trust account, guardianship or conservatorship account, or retirement account, and also including an account associated with a loan or other extension of credit. 224.45(1)(c)(c) “Financial institution” means a bank, savings bank, savings and loan association, trust company, or credit union chartered under the laws of this state. 224.45(1)(d)(d) “Financial service provider” means any of the following engaged in or transacting business in this state: Effective date noteNOTE: Subd. 3. is shown as amended eff. 1-1-25 by 2023 Wis. Act 132. Prior to 1-1-25 it reads: Effective date text3. A seller of checks, as defined in s. 217.02 (9).
224.45(1)(e)(e) “Vulnerable adult” means an adult at risk, as defined in s. 55.01 (1e), or an individual who is at least 65 years of age. 224.45(2)(a)(a) A financial service provider may offer to a vulnerable adult the opportunity to submit and periodically update a list of persons that the vulnerable adult authorizes the financial service provider to contact when the financial service provider has reasonable cause to suspect that the vulnerable adult is a victim or a target of financial exploitation. 224.45(2)(b)(b) A financial service provider, or an officer or employee of the financial service provider, that has reasonable cause to suspect that a vulnerable adult is the victim or target of financial exploitation may convey the suspicion to any of the following if the person is not the suspected perpetrator: 224.45(2)(b)1.1. Any person on the list described in par. (a) if a list has been provided by the vulnerable adult. 224.45(2)(b)2.2. Any co-owner, additional authorized signatory, or beneficiary on the account of the vulnerable adult. 224.45(2)(b)3.3. Any person known by the financial service provider to be a family member, including a parent, spouse, adult child, or sibling. 224.45(2)(c)(c) When providing information under this subsection, the financial service provider may limit the information and disclose only that the financial service provider has reasonable cause to suspect that the vulnerable adult may be a victim or target of financial exploitation without disclosing any other details or confidential personal information regarding the financial affairs of the vulnerable adult. 224.45(2)(d)(d) The financial service provider may choose not to contact any person on the list provided under par. (a) if the financial service provider suspects that the person is engaged in financial exploitation. 224.45(2)(e)(e) The financial service provider may rely on information provided by the customer in compiling a list of contact persons. 224.45(2)(f)(f) A financial service provider, or an employee of a financial service provider, acting in good faith is immune from all criminal, civil, and administrative liability for contacting a person or electing not to contact a person under this subsection and for actions taken in furtherance of that determination if the determination was made based on reasonable suspicion. 224.45 HistoryHistory: 2023 a. 132. 224.46224.46 Independent data processing servicers. 224.46(1)(b)(b) “Independent data processing servicer” means an entity that provides to a financial institution electronic data processing services, but not including the exchange of data and settlement of funds between 2 or more unaffiliated financial institutions resulting from transactions involving remote terminals under s. 186.113 (15), remote service units under s. 214.04 (21) or 215.13 (46), or customer bank communications terminals under s. 221.0303 (2). 224.46(1)(c)(c) “Interface agreement” means a written agreement specifying the terms and conditions under which an interface of communications, data, or systems between independent data processing servicers shall be accomplished. 224.46(2)(2) Ownership of financial institution data. 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 shall remain the property of the financial institution. The independent data processing servicer has no right, title, or interest in, or claim to legal ownership of, the data. The transfer of the data by the financial institution authorizes the independent data processing servicer only to exercise temporary control of the data for the limited purpose of performing the contracted services requested by the financial institution. This subsection also applies with respect to an independent data processing servicer that receives a financial institution’s data under an interface agreement or other agreement with another independent data processing servicer. 224.46(3)(3) Contract disclosures by independent data processing servicers. No independent data processing servicer may enter into a contract with a financial institution, or renew or amend such a contract, unless the contract discloses, in separate contract provisions, all of the following: 224.46(3)(a)(a) All fees or charges, including any fee schedule, that the independent data processing servicer may impose on the financial institution.
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Chs. 178-226, Partnerships and Corporations; Transportation; Utilities; Banks; Savings Associations
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