Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB773 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	LRB-5012/1
2	2	ARG:amn&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 773
5	5	December 8, 2023 - Introduced by Senators S TAFSHOLT, CABRAL-GUEVARA,
6	6	FELZKOWSKI, MARKLEIN and TAYLOR, cosponsored by Representatives KATSMA,
7	7	MURPHY, O'CONNOR, ALLEN, BEHNKE, DITTRICH, GOEBEN, GUNDRUM, NOVAK,
8	8	PENTERMAN and RETTINGER. Referred to Committee on Financial Institutions
9	9	and Sporting Heritage.
10	10	AN ACT to repeal 138.052 (7e) and (7m), 138.056 (6) and 215.21 (2); to renumber
11	11	and amend 186.11 (2); to amend 34.08 (2), 38.20 (2) (e), 67.12 (12) (a), 138.052
12	12	(12) (a), 186.07 (7), 186.113 (15) (a), 186.118 (3) (a) (intro.), 186.235 (14) (c),
13	13	214.04 (21) (b), 215.13 (39), 215.13 (46) (a) 1., 215.21 (15), 221.0303 (2), 941.38
14	14	(1) (b) 21., 946.82 (4) and 969.08 (10) (b); and to create 186.11 (2) (b) and (c),
15	15	186.113 (26), 227.01 (13) (yu) and 943.825 of the statutes; relating to:
16	16	authorized activities and operations of credit unions; the lending area of
17	17	savings and loan associations; automated teller machines; residential
18	18	mortgage loans and variable rate loans; payments for public deposit losses in
19	19	failed financial institutions; promissory notes of certain public bodies;
20	20	repealing rules promulgated by the Department of Financial Institutions;
21	21	providing an exemption from rule-making procedures; and providing a penalty.
22	22	Analysis by the Legislative Reference Bureau
23	23	Under current law, the Office of Credit Unions (OCU) in the Department of
24	24	Financial Institutions (DFI) regulates state-chartered credit unions, and DFI's
25	25	1
26	26	2
27	27	3
28	28	4
29	29	5
30	30	6
31	31	7
32	32	8
33	33	9
34	34	10
35	35	11
36	36	12 - 2 -2023 - 2024 Legislature LRB-5012/1
37	37	ARG:amn&wlj
38	38	SENATE BILL 773
39	39	Division of Banking (division) regulates state-chartered banks, savings banks, and
40	40	savings and loan (S&L) associations. Current law specifies various authorized
41	41	activities and powers of these financial institutions.
42	42	This bill does the following with respect to the authorized operations of
43	43	financial institutions:
44	44	1. Expands the ability of a credit union to purchase, lease, and sell real
45	45	property, subject to limitations.
46	46	2. Specifies that credit unions may issue or offer supplemental forms of capital
47	47	approved by OCU.
48	48	3. Repeals certain DFI rules related to the placement or operation of automated
49	49	teller machines (ATMs) by financial institutions.
50	50	4. Creates the crime of interfering with an ATM.
51	51	5. Eliminates a geographical lending restriction for an S&L association.
52	52	6. Eliminates certain lender disclosure requirements applicable to residential
53	53	mortgage loans and variable rate loans.
54	54	7. Extends the maximum maturity date, from 10 to 20 years, of a promissory
55	55	note issued by a municipality, county, or school district.
56	56	8. Extends the period in which a credit union's board of directors must appoint
57	57	a director to fill a board vacancy.
58	58	9. Increases the amount of compensation available from DFI for losses
59	59	resulting from the deposit of public moneys in a failed financial institution.
60	60	10. Extends the period during which OCU must determine whether an activity
61	61	or power that becomes authorized for a federally chartered credit union should also
62	62	be authorized for a Wisconsin-chartered credit union.
63	63	11. Extends the deadline for a credit union to pay OCU for the cost of an OCU
64	64	examination.
65	65	Credit union property
66	66	Under current law, a credit union may purchase, hold, and dispose of property
67	67	as necessary for or incidental to its operations.
68	68	The bill specifies that a credit union may purchase, lease, hold, and convey
69	69	certain real estate, including real estate conveyed to the credit union in satisfaction
70	70	of a debt or foreclosed real estate, subject to guidance by OCU and a five-year limit
71	71	on holding the real estate.
72	72	Supplemental capital
73	73	The bill specifies that credit unions may issue or offer supplemental forms of
74	74	capital in the form and with the conditions, including those related to the safety and
75	75	soundness of the proposed use of the capital and the overall condition of the credit
76	76	union, approved by OCU.
77	77	Off-site ATMs
78	78	Under current law, a bank, savings bank, S&L association, or credit union
79	79	(collectively, financial institution) may acquire, place, and operate, or participate in
80	80	the acquisition, placement, and operation of, at locations away from the financial
81	81	institution, what is variously referred to as customer bank communications
82	82	terminals, remote terminals, or remote service units, in accordance with rules
83	83	established by OCU and DFI's Division of Banking (division). These devices are - 3 -2023 - 2024 Legislature
84	84	LRB-5012/1
85	85	ARG:amn&wlj
86	86	SENATE BILL 773
87	87	terminals or other facilities that are not located at a financial institution and through
88	88	which customers and financial institutions may engage in electronic transactions
89	89	that are incidental to the conduct of the business of financial institutions
90	90	(collectively, off-site ATMs).
91	91	Under current rules of the division, a financial institution other than a credit
92	92	union must provide advance written notice to the division before acquiring, placing,
93	93	or operating an off-site ATM. The bill repeals these rules.
94	94	Current statutes provide that OCU or the division may, by order, authorize the
95	95	installation and operation of an off-site ATM in a mobile facility, after notice and
96	96	hearing upon the proposed service stops of the mobile facility. The bill repeals these
97	97	provisions.
98	98	Interference with automated teller machines
99	99	The bill also creates a Class H felony for intentionally causing impairment or
100	100	interruption of use of a financial institution's ATM or customer bank
101	101	communications terminal. A Class H felony is punishable by a fine not exceeding
102	102	$10,000 or imprisonment not exceeding six years, or both.
103	103	Savings and loan association lending areas
104	104	Current law specifies the authority of an S&L association to make mortgage
105	105	loans but also limits the lending area of an S&L association to a radius of 100 miles
106	106	of the S&L association's home office. In general, an S&L association may establish
107	107	branch offices within the lending area of its home office.
108	108	The bill eliminates the lending-area restriction on an S&L association and,
109	109	consequently, the limitation that a branch office must be located within the lending
110	110	area.
111	111	Residential mortgage loans and variable rate loans
112	112	Under current law, a residential mortgage loan generally is a loan secured by
113	113	a first lien real estate mortgage on a one-family to four-family dwelling that the
114	114	borrower uses as his or her principal residence. Current law imposes various
115	115	requirements related to residential mortgage loans, including the following:
116	116	1. Before a lender accepts an application or fee in connection with a residential
117	117	mortgage loan, the lender must deliver to the potential loan applicant a written
118	118	disclosure that contains certain information, including whether an application fee
119	119	is refundable and whether the interest rate and other terms of the agreement may
120	120	change before the closing date.
121	121	2. The lender must provide a written statement to an applicant of the reasons
122	122	for adverse action on an application. Delivery of a notice of adverse action in
123	123	compliance with federal law satisfies this requirement.
124	124	3. The lender must provide written notice to the borrower if the loan servicing
125	125	for the residential mortgage loan is sold. The notice must include the name, address,
126	126	and telephone number of the new loan servicer.
127	127	The bill repeals the requirements identified as 1. to 3. immediately above.
128	128	Under current law, a variable rate loan generally is a residential mortgage loan
129	129	the terms of which permit the interest rate to be increased or decreased. Current law
130	130	imposes various requirements related to variable rate loans, including a disclosure
131	131	requirement. Before making a variable rate loan, the lender must disclose specified - 4 -2023 - 2024 Legislature LRB-5012/1
132	132	ARG:amn&wlj
133	133	SENATE BILL 773
134	134	information to at least one of the borrowers, including that the loan contract contains
135	135	a variable interest rate provision; identification of the index used and its current
136	136	base; and rights of the borrower with respect to a change in the interest rate.
137	137	The bill repeals these disclosure requirements.
138	138	Promissory notes of certain public bodies
139	139	Under current law, a public body that has the authority to borrow money and
140	140	issue obligations to repay the money out of public funds or revenues and that has the
141	141	authority to levy a tax may issue promissory notes for any public purpose. Public
142	142	bodies covered by this provision include cities, villages, towns, counties, and school
143	143	districts. Each promissory note, with several exceptions, must be repaid within 10
144	144	years after the original date of the note. Under the bill, each promissory note must
145	145	be repaid within 20 years after the original date of the note.
146	146	Vacancy on board of directors
147	147	Current law allows the board of directors of a credit union to remove a director.
148	148	Within 60 days after the date of removal of a director, the board of directors must
149	149	appoint a director to fill the vacancy. The bill requires a credit union's board of
150	150	directors to fill any vacancy, including a vacancy resulting from removal of a director,
151	151	within 90 days.
152	152	Public deposit losses
153	153	Under current law, the Investment Board (SWIB) and the governing bodies of
154	154	counties, municipalities, and certain other local governmental units (collectively,
155	155	public depositors) must designate one or more financial institutions in this state for
156	156	deposit of all public moneys received by the public depositor. DFI administers a
157	157	claims process that repays public depositors for losses that exceed applicable deposit
158	158	insurance resulting from a failed or failing financial institution's failure to repay the
159	159	deposit of public moneys. The maximum payment that DFI can make to a public
160	160	depositor for losses from a single financial institution is $400,000. These loss
161	161	payment provisions also apply to local government deposits in the local government
162	162	pooled-investment fund managed by SWIB.
163	163	The bill increases, from $400,000 to $1,000,000, the maximum payment that
164	164	DFI can make to a public depositor for losses from a single financial institution that
165	165	exceed deposit insurance.
166	166	Parity with federally chartered credit unions
167	167	Current law includes certain provisions relating to parity between federally
168	168	chartered and state-chartered credit unions. Under one of these provisions, OCU
169	169	must establish, by rule, a list of activities and powers incidental to the business of
170	170	a credit union that are authorized for federally chartered credit unions as of April 18,
171	171	2014. A credit union chartered under Wisconsin law (Wisconsin-chartered credit
172	172	union) may engage in any activity or exercise any power listed by OCU in addition
173	173	to exercising any other power authorized for the credit union. After April 18, 2014,
174	174	if any additional activity or power incidental to the business of a credit union
175	175	becomes authorized for federally chartered credit unions, OCU must make a
176	176	determination, within 30 days after the activity or power becomes authorized, as to
177	177	whether the activity or power should also be authorized for Wisconsin-chartered - 5 -2023 - 2024 Legislature
178	178	LRB-5012/1
179	179	ARG:amn&wlj
180	180	SENATE BILL 773
181	181	credit unions. If OCU determines that the activity or power authorized for federally
182	182	chartered credit unions should also be authorized for Wisconsin-chartered credit
183	183	unions, OCU must, by rule, add the activity or power to the list.
184	184	The bill extends, from 30 days to 60 days, the period during which OCU must
185	185	determine whether an additional activity or power authorized for federally chartered
186	186	credit unions should also be authorized for Wisconsin-chartered credit unions.
187	187	Charges for credit union examinations
188	188	Current law generally requires OCU to conduct, at least once every 18 months,
189	189	examinations of credit unions in which OCU examines the credit union's records and
190	190	accounts. OCU must charge the credit union for the cost of the examination, and the
191	191	credit union must pay the charge on the day on which the examination is completed.
192	192	The bill requires the credit union to pay the charge within 30 days of the
193	193	completion of OCU's examination.
194	194	Because this bill creates a new crime or revises a penalty for an existing crime,
195	195	the Joint Review Committee on Criminal Penalties may be requested to prepare a
196	196	report.
197	197	For further information see the state and local fiscal estimate, which will be
198	198	printed as an appendix to this bill.
199	199	The people of the state of Wisconsin, represented in senate and assembly, do
200	200	enact as follows:
201	201	SECTION 1. 34.08 (2) of the statutes is amended to read:
202	202	34.08 (2) Payments under sub. (1) shall be made in the order in which
203	203	satisfactory proofs of loss are received by the division of banking. The payment made
204	204	to any public depositor for all losses of the public depositor in any individual public
205	205	depository may not exceed $400,000 $1,000,000 above the amount of deposit
206	206	insurance provided by an agency of the United States at the public depository that
207	207	experienced the loss. Upon a satisfactory proof of loss, the division of banking shall
208	208	direct the department of administration to draw its warrant payable from the
209	209	appropriation under s. 20.144 (1) (a) and the secretary of administration shall pay
210	210	the warrant under s. 16.401 (4) in favor of the public depositor that has submitted
211	211	the proof of loss.
212	212	SECTION 2. 38.20 (2) (e) of the statutes is amended to read:
213	213	1
214	214	2
215	215	3
216	216	4
217	217	5
218	218	6
219	219	7
220	220	8
221	221	9
222	222	10
223	223	11
224	224	12 - 6 -2023 - 2024 Legislature LRB-5012/1
225	225	ARG:amn&wlj
226	226	SECTION 2 SENATE BILL 773
227	227	38.20 (2) (e) The district purchasing property under this subsection may, with
228	228	approval of the city council or village board involved, pay the purchase price by
229	229	issuing and delivering directly to the city or village the general obligation promissory
230	230	notes or the notes of the district under s. 67.12 (12), except that no referendum may
231	231	be held and the 10-year 20-year limitation on such notes shall be inapplicable to
232	232	such notes issued under this paragraph. Such notes shall mature and be payable at
233	233	such times, in such amounts and at such rate of interest as will amortize and pay
234	234	when due the principal and interest on the outstanding obligations of the city or
235	235	village for technical college purposes. All such notes, upon execution and delivery
236	236	to the city or village, shall in all respects be held and considered as an authorized
237	237	investment under s. 66.0603 (1m) or 67.11 (2) and (3) of the debt service fund created
238	238	for payment of the city or village obligations issued for technical college purposes and
239	239	shall be offset against city or village indebtedness in computing legal debt limit to
240	240	the same extent as other authorized investments of the debt service fund and such
241	241	notes may be sold and hypothecated. If the offset against city or village indebtedness
242	242	under this paragraph is determined to be invalid in any respect, such city or village
243	243	immediately may require the district issuing the promissory notes to such city or
244	244	village to comply with pars. (c) and (d) to the extent necessary to cure such invalidity.
245	245	SECTION 3. 67.12 (12) (a) of the statutes, as affected by 2023 Wisconsin Act 6,
246	246	is amended to read:
247	247	67.12 (12) (a) Any municipality may issue promissory notes as evidence of
248	248	indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not
249	249	limited to paying any general and current municipal expense, and refunding any
250	250	municipal obligations, including interest on them. Each note, plus interest if any,
251	251	shall be repaid within 10 years after the original date of the note, except that notes
252	252	1
253	253	2
254	254	3
255	255	4
256	256	5
257	257	6
258	258	7
259	259	8
260	260	9
261	261	10
262	262	11
263	263	12
264	264	13
265	265	14
266	266	15
267	267	16
268	268	17
269	269	18
270	270	19
271	271	20
272	272	21
273	273	22
274	274	23
275	275	24
276	276	25 - 7 -2023 - 2024 Legislature
277	277	LRB-5012/1
278	278	ARG:amn&wlj
279	279	SECTION 3
280	280	SENATE BILL 773
281	281	issued under this section for purposes of ss. 119.498, 281.58, 281.59, 281.61, and
282	282	292.72 and s. 281.60, 2021 stats., issued to raise funds to pay a portion of the capital
283	283	costs of a metropolitan sewerage district, or issued by a 1st class city or a county
284	284	having a population of 750,000 or more, to pay unfunded prior service liability with
285	285	respect to an employee retirement system, shall be repaid within 20 years after the
286	286	original date of the note.
287	287	SECTION 4. 138.052 (7e) and (7m) of the statutes are repealed.
288	288	SECTION 5. 138.052 (12) (a) of the statutes is amended to read:
289	289	138.052 (12) (a) Any lender violating sub. (2) (b), (5), (5m) (b) 1., (6), (7), (7e),
290	290	(7m) or (7s), or an escrow agent, as defined in sub. (5m) (a), violating sub. (5m) (b)
291	291	2., is liable to the borrower for $500 plus actual damages, costs and reasonable
292	292	attorney fees.
293	293	SECTION 6. 138.056 (6) of the statutes is repealed.
294	294	SECTION 7. 186.07 (7) of the statutes is amended to read:
295	295	186.07 (7) VACANCIES. Within 60 90 days after the date of a removal vacancy
296	296	on the board of directors, the board of directors shall appoint a director to fill the
297	297	vacancy. The appointee shall serve until a successor is elected at the next annual
298	298	membership meeting.
299	299	SECTION 8. 186.11 (2) of the statutes is renumbered 186.11 (2) (a) and amended
300	300	to read:
301	301	186.11 (2) (a) A Subject to pars. (b) and (c), a credit union may purchase, hold,
302	302	and dispose of property as necessary for or incidental to its operations.
303	303	SECTION 9. 186.11 (2) (b) and (c) of the statutes are created to read:
304	304	186.11 (2) (b) Subject to guidance issued by the office of credit unions, a credit
305	305	union may purchase, lease, hold, and convey the following types of real estate:
306	306	1
307	307	2
308	308	3
309	309	4
310	310	5
311	311	6
312	312	7
313	313	8
314	314	9
315	315	10
316	316	11
317	317	12
318	318	13
319	319	14
320	320	15
321	321	16
322	322	17
323	323	18
324	324	19
325	325	20
326	326	21
327	327	22
328	328	23
329	329	24
330	330	25 - 8 -2023 - 2024 Legislature LRB-5012/1
331	331	ARG:amn&wlj
332	332	SECTION 9 SENATE BILL 773
333	333	1. Real estate conveyed to the credit union in satisfaction of debts previously
334	334	contracted in the course of the credit union's business.
335	335	2. Real estate purchased at sale on judgments, decrees, or mortgage
336	336	foreclosures under securities held by the credit union, but a credit union may not bid
337	337	at a sale a larger amount than is necessary to satisfy its debts and costs.
338	338	3. Subject to the approval of the office of credit unions, real estate acquired or
339	339	held by the credit union for any other purpose.
340	340	(c) Real estate acquired under par. (b) may not be held for more than 5 years,
341	341	unless an extension is granted by the office of credit unions.
342	342	SECTION 10. 186.113 (15) (a) of the statutes is amended to read:
343	343	186.113 (15) (a) Directly or indirectly, acquire, place, and operate, or
344	344	participate in the acquisition, placement, and operation of, at locations other than
345	345	its offices, remote terminals, in accordance with rules established by the office of
346	346	credit unions. The rules shall provide that any remote terminal shall be available
347	347	for use, on a nondiscriminatory basis, by any state or federal credit union which has
348	348	its principal place of business in this state, by any other credit union obtaining the
349	349	consent of a state or federal credit union which has its principal place of business in
350	350	this state and is using the terminal and by all members designated by a credit union
351	351	using the terminal. This subsection does not authorize a credit union which has its
352	352	principal place of business outside the state to conduct business as a credit union in
353	353	this state. The remote terminals also shall be available for use, on a
354	354	nondiscriminatory basis, by any state or national bank, state or federal savings bank
355	355	or state or federal savings and loan association, whose home office is located in this
356	356	state, if the bank, savings bank or savings and loan association requests to share its
357	357	use, subject to the joint rules established under s. 221.0303 (2). The office of credit
358	358	1
359	359	2
360	360	3
361	361	4
362	362	5
363	363	6
364	364	7
365	365	8
366	366	9
367	367	10
368	368	11
369	369	12
370	370	13
371	371	14
372	372	15
373	373	16
374	374	17
375	375	18
376	376	19
377	377	20
378	378	21
379	379	22
380	380	23
381	381	24
382	382	25 - 9 -2023 - 2024 Legislature
383	383	LRB-5012/1
384	384	ARG:amn&wlj
385	385	SECTION 10
386	386	SENATE BILL 773
387	387	unions by order may authorize the installation and operation of a remote terminal
388	388	in a mobile facility, after notice and hearing upon the proposed service stops of the
389	389	mobile facility.
390	390	SECTION 11. 186.113 (26) of the statutes is created to read:
391	391	186.113 (26) SUPPLEMENTAL CAPITAL. In addition to the rights of credit unions
392	392	under other law, issue or otherwise offer supplemental forms of capital in the form
393	393	and with the conditions, including those related to the safety and soundness of the
394	394	proposed use of the capital and the overall condition of the credit union, approved by
395	395	the office of credit unions. This approval shall be in writing and obtained prior to the
396	396	issuance of the supplemental capital.
397	397	SECTION 12. 186.118 (3) (a) (intro.) of the statutes is amended to read:
398	398	186.118 (3) (a) (intro.) After April 18, 2014, if any activity or power incidental
399	399	to the business of a credit union that is not listed under sub. (2) (a) becomes
400	400	authorized for federally chartered credit unions, within 30 60 days after the activity
401	401	or power becomes authorized the office of credit unions shall make a determination
402	402	as to whether the activity or power should also be authorized for credit unions
403	403	organized under s. 186.02. In making this determination, the office of credit unions
404	404	shall consider the degree to which the following apply with respect to the activity or
405	405	power:
406	406	SECTION 13. 186.235 (14) (c) of the statutes is amended to read:
407	407	186.235 (14) (c) In addition to the annual assessment, each credit union shall
408	408	be charged for the cost of every examination made. The examination charge shall
409	409	include the prorated amount of salaries and expenses of all examiners and other
410	410	employees actively engaged in the examination, the salaries and expenses of any
411	411	other person whose services are required in connection with the examination and
412	412	1
413	413	2
414	414	3
415	415	4
416	416	5
417	417	6
418	418	7
419	419	8
420	420	9
421	421	10
422	422	11
423	423	12
424	424	13
425	425	14
426	426	15
427	427	16
428	428	17
429	429	18
430	430	19
431	431	20
432	432	21
433	433	22
434	434	23
435	435	24
436	436	25 - 10 -2023 - 2024 Legislature LRB-5012/1
437	437	ARG:amn&wlj
438	438	SECTION 13 SENATE BILL 773
439	439	any examination report and any other expenses which may be directly attributable
440	440	to the examination. The examination charge shall be paid on within 30 days of the
441	441	day on which the examination is completed.
442	442	SECTION 14. 214.04 (21) (b) of the statutes is amended to read:
443	443	214.04 (21) (b) The rules of the division shall provide that any remote service
444	444	unit shall be available for use, on a nondiscriminatory basis, by any state or federal
445	445	savings bank which has its principal place of business in this state, by any other state
446	446	or federal savings bank obtaining the consent of a state or federal savings bank that
447	447	has its principal place of business in this state and is using the terminal and by all
448	448	customers designated by a savings bank using the unit. This paragraph does not
449	449	authorize a savings bank which has its principal place of business outside this state
450	450	to conduct business as a savings bank in this state. A remote service unit shall be
451	451	available for use, on a nondiscriminatory basis, by any credit union, state or national
452	452	bank or state or federal savings and loan association, whose home office is located
453	453	in this state, if the credit union, bank or savings and loan association requests to
454	454	share its use, subject to joint rules established by the division and the office of credit
455	455	unions. The division by order may authorize the installation and operation of a
456	456	remote service unit in a mobile facility, after notice and hearing upon the proposed
457	457	service stops of the mobile facility.
458	458	SECTION 15. 215.13 (39) of the statutes is amended to read:
459	459	215.13 (39) BRANCHES. Subject to the approval of the division, any savings and
460	460	loan association may establish and maintain one or more branch offices within the
461	461	normal lending area of the home office, as defined in s. 215.21 (2), in this state or in
462	462	any one of the regional states, as defined in s. 215.36 (1) (f). In the division's approval,
463	463	the division may limit the powers of the branch. Savings and loan associations may
464	464	1
465	465	2
466	466	3
467	467	4
468	468	5
469	469	6
470	470	7
471	471	8
472	472	9
473	473	10
474	474	11
475	475	12
476	476	13
477	477	14
478	478	15
479	479	16
480	480	17
481	481	18
482	482	19
483	483	20
484	484	21
485	485	22
486	486	23
487	487	24
488	488	25 - 11 -2023 - 2024 Legislature
489	489	LRB-5012/1
490	490	ARG:amn&wlj
491	491	SECTION 15
492	492	SENATE BILL 773
493	493	promote thrift in their local schools by accepting payments in the school upon savings
494	494	accounts of the teachers and pupils.
495	495	SECTION 16. 215.13 (46) (a) 1. of the statutes is amended to read:
496	496	215.13 (46) (a) 1. Directly or indirectly, acquire, place, and operate, or
497	497	participate in the acquisition, placement, and operation of, at locations other than
498	498	its home or branch offices, remote service units, in accordance with rules established
499	499	by the division. Remote service units established in accordance with such rules are
500	500	not subject to sub. (36), (39), (40) or (47) or s. 215.03 (8). The rules of the division shall
501	501	provide that any such remote service unit shall be available for use, on a
502	502	nondiscriminatory basis, by any state or federal savings and loan association which
503	503	has its principal place of business in this state, by any other savings and loan
504	504	association obtaining the consent of a state or federal savings and loan association
505	505	which has its principal place of business in this state and is using the terminal and
506	506	by all customers designated by a savings and loan association using the unit. This
507	507	paragraph does not authorize a savings and loan association which has its principal
508	508	place of business outside this state to conduct business as a savings and loan
509	509	association in this state. The remote service units also shall be available for use, on
510	510	a nondiscriminatory basis, by any credit union, state or national bank or state or
511	511	federal savings bank, whose home office is located in this state, if the credit union,
512	512	bank or savings bank requests to share its use, subject to the joint rules established
513	513	under s. 221.0303 (2). The division by order may authorize the installation and
514	514	operation of a remote service unit in a mobile facility, after notice and hearing upon
515	515	the proposed service stops of the mobile facility.
516	516	SECTION 17. 215.21 (2) of the statutes is repealed.
517	517	SECTION 18. 215.21 (15) of the statutes is amended to read:
518	518	1
519	519	2
520	520	3
521	521	4
522	522	5
523	523	6
524	524	7
525	525	8
526	526	9
527	527	10
528	528	11
529	529	12
530	530	13
531	531	14
532	532	15
533	533	16
534	534	17
535	535	18
536	536	19
537	537	20
538	538	21
539	539	22
540	540	23
541	541	24
542	542	25 - 12 -2023 - 2024 Legislature LRB-5012/1
543	543	ARG:amn&wlj
544	544	SECTION 18 SENATE BILL 773
545	545	215.21 (15) PARTICIPATION LOANS. Any association may participate with other
546	546	lenders in mortgage loans of any type that such association may otherwise make if
547	547	the real estate securing such loan is located within the United States, subject to such
548	548	rules as the division issues, including the interest in participation loans to be
549	549	retained by the originator. The normal lending area, prescribed in sub. (2), shall not
550	550	apply to any association purchasing a participating interest in such loan, provided
551	551	the real estate securing such loan is located within the United States.
552	552	SECTION 19. 221.0303 (2) of the statutes is amended to read:
553	553	221.0303 (2) OPERATION AND ACQUISITION OF CUSTOMER BANK COMMUNICATIONS
554	554	TERMINALS. A bank may, directly or indirectly, acquire, place, and operate, or
555	555	participate in the acquisition, placement, and operation of, at locations other than
556	556	its main or branch offices, customer bank communications terminals, in accordance
557	557	with rules established by the division. The rules of the division shall provide that
558	558	any such customer bank communications terminal shall be available for use, on a
559	559	nondiscriminatory basis, by any state or national bank and by all customers
560	560	designated by a bank using the terminal. This subsection does not authorize a bank
561	561	which has its principal place of business outside this state to conduct banking
562	562	business in this state. The customer bank communications terminals also shall be
563	563	available for use, on a nondiscriminatory basis, by any credit union, savings and loan
564	564	association, or savings bank, if the credit union, savings and loan association, or
565	565	savings bank requests to share its use, subject to rules jointly established by the
566	566	division of banking and the office of credit unions. The division by order may
567	567	authorize the installation and operation of a customer bank communications
568	568	terminal in a mobile facility, after notice and hearing upon the proposed service stops
569	569	of the mobile facility.
570	570	1
571	571	2
572	572	3
573	573	4
574	574	5
575	575	6
576	576	7
577	577	8
578	578	9
579	579	10
580	580	11
581	581	12
582	582	13
583	583	14
584	584	15
585	585	16
586	586	17
587	587	18
588	588	19
589	589	20
590	590	21
591	591	22
592	592	23
593	593	24
594	594	25 - 13 -2023 - 2024 Legislature
595	595	LRB-5012/1
596	596	ARG:amn&wlj
597	597	SECTION 20
598	598	SENATE BILL 773
599	599	SECTION 20. 227.01 (13) (yu) of the statutes is created to read:
600	600	227.01 (13) (yu) Relates to guidance issued by the office of credit unions under
601	601	s. 186.11 (2) (b).
602	602	SECTION 21. 941.38 (1) (b) 21. of the statutes is amended to read:
603	603	941.38 (1) (b) 21. A crime under s. 943.81, 943.82, 943.825, 943.83, 943.85,
604	604	943.86, 943.87, 943.88, 943.89, or 943.90 or, if the victim is a financial institution, as
605	605	defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
606	606	SECTION 22. 943.825 of the statutes is created to read:
607	607	943.825 Interference with automated teller machine. Whoever
608	608	intentionally causes impairment or interruption of use, in whole or in part, of a
609	609	financial institution's automated teller machine or customer bank communications
610	610	terminal is guilty of a Class H felony.
611	611	SECTION 23. 946.82 (4) of the statutes, as affected by 2023 Wisconsin Act 10,
612	612	is amended to read:
613	613	946.82 (4) “Racketeering activity" means any activity specified in 18 USC 1961
614	614	(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
615	615	of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
616	616	134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
617	617	221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
618	618	940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
619	619	(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
620	620	943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
621	621	943.201, 943.203, 943.23 (2) and (3), 943.231 (1), 943.24 (2), 943.27, 943.28, 943.30,
622	622	943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
623	623	943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82,
624	624	1
625	625	2
626	626	3
627	627	4
628	628	5
629	629	6
630	630	7
631	631	8
632	632	9
633	633	10
634	634	11
635	635	12
636	636	13
637	637	14
638	638	15
639	639	16
640	640	17
641	641	18
642	642	19
643	643	20
644	644	21
645	645	22
646	646	23
647	647	24
648	648	25 - 14 -2023 - 2024 Legislature LRB-5012/1
649	649	ARG:amn&wlj
650	650	SECTION 23 SENATE BILL 773
651	651	943.825, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c)
652	652	and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
653	653	946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
654	654	946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
655	655	SECTION 24. 969.08 (10) (b) of the statutes, as affected by 2023 Wisconsin Act
656	656	10, is amended to read:
657	657	969.08 (10) (b) “Serious crime" means any crime specified in s. 943.23 (1m),
658	658	1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 346.62 (4),
659	659	940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
660	660	(5), 940.198 (2) (a) or (c), 940.20, 940.201, 940.203, 940.204, 940.21, 940.225 (1) to (3),
661	661	940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.302 (2),
662	662	940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013,
663	663	943.02, 943.03, 943.04, 943.06, 943.10, 943.231 (1), 943.30, 943.32, 943.81, 943.82,
664	664	943.825, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01, 946.02,
665	665	946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06,
666	666	948.07, 948.085, or 948.30 or, if the victim is a financial institution, as defined in s.
667	667	943.80 (2), a crime under s. 943.84 (1) or (2).
668	668	SECTION 25. DFI-Bkg 14.03 of the administrative code is repealed.
669	669	SECTION 26. DFI-SB 12.03 of the administrative code is repealed.
670	670	SECTION 27. DFI-SL 12.03 of the administrative code is repealed.
671	671	SECTION 28.0Initial applicability.
672	672	(1) PUBLIC DEPOSIT LOSSES. The treatment of s. 34.08 (2) first applies to losses,
673	673	as defined in s. 34.01 (2), occurring on the effective date of this subsection.
674	674	1
675	675	2
676	676	3
677	677	4
678	678	5
679	679	6
680	680	7
681	681	8
682	682	9
683	683	10
684	684	11
685	685	12
686	686	13
687	687	14
688	688	15
689	689	16
690	690	17
691	691	18
692	692	19
693	693	20
694	694	21
695	695	22
696	696	23 - 15 -2023 - 2024 Legislature
697	697	LRB-5012/1
698	698	ARG:amn&wlj
699	699	SECTION 28
700	700	SENATE BILL 773
701	701	(2) RESIDENTIAL MORTGAGE LOANS AND VARIABLE RATE LOANS. The treatment of ss.
702	702	138.052 (7e) and (7m) and 138.056 (6) first applies to loans for which applications are
703	703	received on the effective date of this subsection.
704	704	SECTION 29.0Effective dates. This act takes effect on the day after publication,
705	705	except as follows:
706	706	(1) ADMINISTRATIVE RULES. The repeal of sections DFI-Bkg 14.03, DFI-SB
707	707	12.03, and DFI-SL 12.03 of the administrative code takes effect as provided in s.
708	708	227.265.
709	709	(END)
710	710	1
711	711	2
712	712	3
713	713	4
714	714	5
715	715	6
716	716	7
717	717	8
718	718	9