1 | | - | Date of enactment: |
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2 | | - | 2023 Assembly Bill 1105 Date of publication*: |
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3 | | - | 2023 WISCONSIN ACT |
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4 | | - | AN ACT to amend 221.0802 of the statutes; relating to: eliminating an obsolete provision relating to the state trea- |
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5 | | - | surer (suggested as remedial legislation by the Office of the State Treasurer). |
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6 | | - | The people of the state of Wisconsin, represented in |
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7 | | - | senate and assembly, do enact as follows: |
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8 | | - | LAW REVISION COMMITTEE PREFATORY NOTE: This bill is |
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9 | | - | a remedial legislation proposal, requested by the Office of the |
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10 | | - | State Treasurer and introduced by the Law Revision Commit- |
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11 | | - | tee under s. 13.83 (1) (c) 4. and 5., stats. After careful consid- |
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12 | | - | eration of the various provisions of the bill, the Law Revision |
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13 | | - | Committee has determined that this bill makes minor substan- |
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14 | | - | tive changes in the statutes, and that these changes are desir- |
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15 | | - | able as a matter of public policy. |
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16 | | - | SECTION 1. 221.0802 of the statutes is amended to |
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17 | | - | read: |
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18 | | - | 221.0802 Banks may be placed in hands of divi- |
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19 | | - | sion. A bank doing business under this chapter may place |
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20 | | - | its affairs and assets under the control of the division by |
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21 | | - | posting a notice on its front door, as follows: “This bank |
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22 | | - | is in the hands of the Division of Banking of the Depart- |
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23 | | - | ment of Financial Institutions”. Immediately upon post- |
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24 | | - | ing such notice, the bank shall notify the division of this |
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25 | | - | action. The posting of the notice, or the taking possession |
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26 | | - | of a bank by the division, places the bank’s assets and |
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27 | | - | property in the possession of the division, and bars any |
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28 | | - | attachment proceedings. For each day the division is |
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29 | | - | placed in possession of the bank, and until such time as |
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30 | | - | a special deputy is appointed under s. 220.08 (4), the bank |
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31 | | - | shall pay to the division the actual cost of such liquidation |
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32 | | - | proceedings. The division shall pay the amounts to the |
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33 | | - | state treasurer and the percentage specified in s. 20.144 |
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34 | | - | (1) (g) shall be credited to the appropriation account |
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35 | | - | under s. 20.144 (1) (g). |
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36 | | - | NOTE: This SECTION eliminates the requirement that the |
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37 | | - | Division of Banking in the Department of Financial Institu- |
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38 | | - | tions transfers certain moneys it receives relating to a bank liq- |
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39 | | - | uidation to the state treasurer. |
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40 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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41 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” |
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| 1 | + | LRB-4783/1 |
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| 2 | + | ARG:cdc |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 1105 |
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| 5 | + | February 20, 2024 - Introduced by LAW REVISION COMMITTEE. Referred to |
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| 6 | + | Committee on Rules. |
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| 7 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 8 | + | AN ACT to amend 221.0802 of the statutes; relating to: eliminating an obsolete |
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| 9 | + | provision relating to the state treasurer (suggested as remedial legislation by |
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| 10 | + | the Office of the State Treasurer). |
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| 11 | + | Analysis by the Legislative Reference Bureau |
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| 12 | + | This bill eliminates an obsolete provision relating to the duties of the state |
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| 13 | + | treasurer. |
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| 14 | + | Under current law, a bank may place its affairs and assets under the control of |
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| 15 | + | the Division of Banking in the Department of Financial Institutions, which takes |
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| 16 | + | possession of the bank. The bank must pay the Division the actual cost of the |
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| 17 | + | liquidation proceedings and the Division must transfer to the state treasurer the |
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| 18 | + | amount paid. |
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| 19 | + | In 2003 Wisconsin Act 33, the state treasurer's duty to have custody of moneys |
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| 20 | + | paid into the state treasury was eliminated. |
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| 21 | + | This bill eliminates the requirement that the Division transfer the amounts |
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| 22 | + | described above to the state treasurer. |
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| 23 | + | For further information, see the NOTES provided by the Law Revision |
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| 24 | + | Committee of the Joint Legislative Council. |
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| 25 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 26 | + | enact as follows: |
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| 27 | + | 1 |
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| 28 | + | 2 |
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| 29 | + | 3 - 2 -2023 - 2024 Legislature LRB-4783/1 |
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| 30 | + | ARG:cdc |
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| 31 | + | ASSEMBLY BILL 1105 |
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| 32 | + | LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation |
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| 33 | + | proposal, requested by the Office of the State Treasurer and introduced by the Law |
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| 34 | + | Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of |
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| 35 | + | the various provisions of the bill, the Law Revision Committee has determined that this |
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| 36 | + | bill makes minor substantive changes in the statutes, and that these changes are |
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| 37 | + | desirable as a matter of public policy. |
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| 38 | + | SECTION 1. 221.0802 of the statutes is amended to read: |
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| 39 | + | 221.0802 Banks may be placed in hands of division. A bank doing |
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| 40 | + | business under this chapter may place its affairs and assets under the control of the |
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| 41 | + | division by posting a notice on its front door, as follows: “This bank is in the hands |
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| 42 | + | of the Division of Banking of the Department of Financial Institutions". Immediately |
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| 43 | + | upon posting such notice, the bank shall notify the division of this action. The posting |
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| 44 | + | of the notice, or the taking possession of a bank by the division, places the bank's |
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| 45 | + | assets and property in the possession of the division, and bars any attachment |
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| 46 | + | proceedings. For each day the division is placed in possession of the bank, and until |
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| 47 | + | such time as a special deputy is appointed under s. 220.08 (4), the bank shall pay to |
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| 48 | + | the division the actual cost of such liquidation proceedings. The division shall pay |
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| 49 | + | the amounts to the state treasurer and the percentage specified in s. 20.144 (1) (g) |
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| 50 | + | shall be credited to the appropriation account under s. 20.144 (1) (g). |
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| 51 | + | NOTE: This SECTION eliminates the requirement that the Division of Banking in the |
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| 52 | + | Department of Financial Institutions transfers certain moneys it receives relating to a |
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| 53 | + | bank liquidation to the state treasurer. |
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| 54 | + | (END) |
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