1 | 1 | | LRB-5908/1 |
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2 | 2 | | ARG:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 1058 |
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5 | 5 | | February 21, 2024 - Introduced by LAW REVISION COMMITTEE. Referred to |
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6 | 6 | | Committee on Senate Organization. |
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7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
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8 | 8 | | AN ACT to amend 221.0802 of the statutes; relating to: eliminating an obsolete |
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9 | 9 | | provision relating to the state treasurer (suggested as remedial legislation by |
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10 | 10 | | the Office of the State Treasurer). |
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11 | 11 | | Analysis by the Legislative Reference Bureau |
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12 | 12 | | This bill eliminates an obsolete provision relating to the duties of the state |
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13 | 13 | | treasurer. |
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14 | 14 | | Under current law, a bank may place its affairs and assets under the control of |
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15 | 15 | | the Division of Banking in the Department of Financial Institutions, which takes |
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16 | 16 | | possession of the bank. The bank must pay the Division the actual cost of the |
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17 | 17 | | liquidation proceedings and the Division must transfer to the state treasurer the |
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18 | 18 | | amount paid. |
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19 | 19 | | In 2003 Wisconsin Act 33, the state treasurer's duty to have custody of moneys |
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20 | 20 | | paid into the state treasury was eliminated. |
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21 | 21 | | This bill eliminates the requirement that the Division transfer the amounts |
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22 | 22 | | described above to the state treasurer. |
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23 | 23 | | For further information, see the NOTES provided by the Law Revision |
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24 | 24 | | Committee of the Joint Legislative Council. |
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25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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26 | 26 | | enact as follows: |
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29 | 29 | | 3 - 2 -2023 - 2024 Legislature LRB-5908/1 |
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30 | 30 | | ARG:cdc |
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31 | 31 | | SENATE BILL 1058 |
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32 | 32 | | LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation |
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33 | 33 | | proposal, requested by the Office of the State Treasurer and introduced by the Law |
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34 | 34 | | Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of |
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35 | 35 | | the various provisions of the bill, the Law Revision Committee has determined that this |
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36 | 36 | | bill makes minor substantive changes in the statutes, and that these changes are |
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37 | 37 | | desirable as a matter of public policy. |
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38 | 38 | | SECTION 1. 221.0802 of the statutes is amended to read: |
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39 | 39 | | 221.0802 Banks may be placed in hands of division. A bank doing |
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40 | 40 | | business under this chapter may place its affairs and assets under the control of the |
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41 | 41 | | division by posting a notice on its front door, as follows: “This bank is in the hands |
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42 | 42 | | of the Division of Banking of the Department of Financial Institutions". Immediately |
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43 | 43 | | upon posting such notice, the bank shall notify the division of this action. The posting |
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44 | 44 | | of the notice, or the taking possession of a bank by the division, places the bank's |
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45 | 45 | | assets and property in the possession of the division, and bars any attachment |
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46 | 46 | | proceedings. For each day the division is placed in possession of the bank, and until |
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47 | 47 | | such time as a special deputy is appointed under s. 220.08 (4), the bank shall pay to |
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48 | 48 | | the division the actual cost of such liquidation proceedings. The division shall pay |
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49 | 49 | | the amounts to the state treasurer and the percentage specified in s. 20.144 (1) (g) |
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50 | 50 | | shall be credited to the appropriation account under s. 20.144 (1) (g). |
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51 | 51 | | NOTE: This SECTION eliminates the requirement that the Division of Banking in the |
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52 | 52 | | Department of Financial Institutions transfers certain moneys it receives relating to a |
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53 | 53 | | bank liquidation to the state treasurer. |
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54 | 54 | | (END) |
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