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14(2) Ownership of financial institution data. If a financial institution
15transfers or otherwise makes available to an independent data processing servicer
16any data from the financial institution's records, this data shall remain the property
17of the financial institution. The independent data processing servicer has no right,
18title, or interest in, or claim to legal ownership of, the data. The transfer of the data
19by the financial institution authorizes the independent data processing servicer only
20to exercise temporary control of the data for the limited purpose of performing the
21contracted services requested by the financial institution. This subsection also
22applies with respect to an independent data processing servicer that receives a
23financial institution's data under an interface agreement or other agreement with
24another independent data processing servicer.
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1(3) Contract disclosures by independent data processing servicers. No
2independent data processing servicer may enter into a contract with a financial
3institution, or renew or amend such a contract, unless the contract discloses, in
4separate contract provisions, all of the following:
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(a) All fees or charges, including any fee schedule, that the independent data
6processing servicer may impose on the financial institution.
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(b) Any formula or other grounds that the independent data processing servicer
8may apply or rely upon to terminate the contract.
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9Section 42
. 224.725 (1) of the statutes is amended to read:
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224.725
(1) License required. Except as provided in
sub. subs. (1m)
and (1r),
11an individual may not regularly engage in the business of a mortgage loan originator
12with respect to a residential mortgage loan, or use the title “mortgage loan
13originator," advertise, or otherwise portray himself or herself as a mortgage loan
14originator in this state, unless the individual has been issued by the division, and
15thereafter maintains, a license under this section. Each licensed mortgage loan
16originator shall register with, and maintain a valid unique identifier issued by, the
17nationwide mortgage licensing system and registry.
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18Section
43. 224.725 (1r) of the statutes is created to read:
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224.725
(1r) Employment transition; temporary authority. (a) An individual
20who was a registered mortgage loan originator immediately prior to becoming
21employed by, and who remains employed by, a mortgage banker or mortgage broker
22licensed under this subchapter and who has applied to the division for a mortgage
23loan originator license is considered to have temporary authority to act as a mortgage
24loan originator under this subchapter, for the period specified in par. (c), if all of the
25following apply:
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11. The individual has not previously had an application for a mortgage loan
2originator license denied.
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2. The individual has not previously had a mortgage loan originator license
4suspended or revoked in any governmental jurisdiction.
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3. The individual has not been subject to, or served with, a cease and desist
6order in any governmental jurisdiction or by the director of the federal bureau of
7consumer financial protection under
12 USC 5113 (c).
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4. The individual has not been convicted of any crime that disqualifies the
9individual under sub. (3) (b) from issuance of a license.
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5. The individual was registered with the nationwide mortgage licensing
11system and registry as a loan originator during the one-year period immediately
12preceding the date on which the individual furnished the information required under
13sub. (2) (c).
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(b) An individual who is licensed as a mortgage loan originator in another state,
15who is employed by a mortgage banker or mortgage broker licensed under this
16subchapter, and who has applied to the division for a mortgage loan originator license
17is considered to have temporary authority to act as a mortgage loan originator under
18this subchapter, for the period specified in par. (c), if all of the following apply:
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1. The individual meets the requirements of par. (a) 1. to 4.
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2. The individual was licensed in another state during the 30-day period
21immediately preceding the date on which the individual furnished the information
22required under sub. (2) (c).
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(c) 1. The period during which an individual described in par. (a) or (b) is
24considered to have temporary authority to act as a mortgage loan originator under
25this subchapter shall begin on the date on which the individual furnishes to the
1nationwide mortgage licensing system and registry the information required under
2sub. (2) (c) in connection with the application for a mortgage loan originator license
3under this subchapter.
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2. The period that begins under subd. 1. shall end on the earliest of the
5following:
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a. The date on which the individual withdraws the application for a mortgage
7loan originator license.
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b. The date on which the division denies, or issues a notice of intent to deny, the
9application for a mortgage loan originator license.
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c. The date on which the division grants to the individual a mortgage loan
11originator license.
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d. If the individual's application is listed on the nationwide mortgage licensing
13system and registry as incomplete, the date that is 120 days after the date on which
14the individual applied for a mortgage loan originator license.
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(d) 1. Any person employing an individual who is considered to have temporary
16authority to act as a mortgage loan originator under this subsection shall be subject
17to the requirements of this subchapter to the same extent as if that individual were
18a licensed mortgage loan originator.
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2. Any individual who is considered to have temporary authority to act as a
20mortgage loan originator under this subsection and who engages in any activity
21described in s. 224.71 (6) (c) and (d) shall be subject to the requirements of this
22subchapter to the same extent as if the individual were a licensed mortgage loan
23originator.
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24Section
44. 227.52 (3) of the statutes is amended to read:
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1227.52
(3) Those decisions of the division of banking that are subject to review,
2prior to any judicial review, by the banking
institutions review board, and decisions
3of the division of banking relating to savings banks or savings and loan associations,
4but no other institutions subject to the jurisdiction of the division of banking.
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5Section
45. 227.53 (1) (a) 1. of the statutes is amended to read:
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227.53
(1) (a) 1. Proceedings for review shall be instituted by serving a petition
7therefor personally or by certified mail upon the agency or one of its officials, and
8filing the petition in the office of the clerk of circuit court for the county where the
9judicial review proceedings are to be held. If the agency whose decision is sought to
10be reviewed is the tax appeals commission, the banking
institutions review board,
11or the credit union review board,
or the savings institutions review board, the
12petition shall be served upon both the agency whose decision is sought to be reviewed
13and the corresponding named respondent, as specified under par. (b) 1. to 4.
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14Section
46. 227.53 (1) (b) 2. of the statutes is repealed.