2011 Wisconsin Act 32

32,3180 Section 3180. 343.50 (4g) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (4g) Photograph requirement; exception. If the application for an identification card is processed under the exception specified in s. 343.165 (7), the application may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

32,3181 Section 3181. 343.50 (6) of the statutes is amended to read:

343.50 (6) Renewal. At least 30 days prior to the expiration of the an identification card, the department shall mail a renewal application to the provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address of each identification card holder or, if desired by the card holder, by any electronic means offered by the department. The department shall include with the application notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $18, which card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.

32,3182 Section 3182. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act 20, section 3383, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the card holder of the requirement under s. 343.165 (4) (c). The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.

32,3182g Section 3182g. 345.05 (1) (ag) of the statutes is repealed.

32,3182r Section 3182r. 345.05 (2) of the statutes is amended to read:

345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body of the municipality, or the board of directors of the authority, may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.

32,3186 Section 3186. 346.503 (1m) (g) of the statutes is amended to read:

346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of commerce safety and professional services to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

32,3187 Section 3187. 346.503 (4) of the statutes is amended to read:

346.503 (4) The department, after consulting with the department of commerce safety and professional services, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

32,3188 Section 3188. 348.27 (11m) (d) of the statutes is amended to read:

348.27 (11m) (d) The secretary of transportation may limit the application of permits issued under this subsection to specific areas of the state or to specific highways. A permit authorized under this subsection takes effect upon the mailing or delivery of a complete application and the required fee to the department. A permit authorized under this subsection is valid for up to 90 days, as determined by the secretary of transportation.

32,3193 Section 3193. 350.12 (4) (bg) 2. of the statutes is amended to read:

350.12 (4) (bg) 2. For fiscal year 2001-02 2011-12, and for each fiscal year thereafter, the department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year multiplied by $15 $32 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation account under s. 20.370 (5) (cw), the department shall make payments to the department or a county for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

32,3194 Section 3194. 425.2065 (1) of the statutes is amended to read:

425.2065 (1) In this section, "law enforcement agency" means the police department, combined protective services department under s. 60.553, 61.66, or 62.13 (2e), or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur.

32,3194m Section 3194m. 428.211 of the statutes is amended to read:

428.211 Parity Exemption for federally insured depository institutions. This subchapter does not apply to any state chartered or federally chartered bank, trust company, savings and loan association, savings bank, or credit union, or to any subsidiary of such a state chartered bank, trust company, savings and loan association, savings bank, or credit union, to the extent that federal law preempts or prohibits the application of the provisions of this subchapter to a federally chartered bank, trust company, savings and loan association, savings bank, or credit union of the same type.

32,3195 Section 3195. Chapter 440 (title) of the statutes is amended to read:

CHAPTER 440

DEPARTMENT OF REGULATION AND
LICENSING safety and
professional services

32,3196 Section 3196. 440.01 (1) (aj) of the statutes is amended to read:

440.01 (1) (aj) "Department" means the department of regulation and licensing safety and professional services.

32,3197 Section 3197. 440.01 (1) (g) of the statutes is amended to read:

440.01 (1) (g) "Secretary" means the secretary of regulation and licensing safety and professional services.

32,3198 Section 3198. 440.01 (2) (cs) of the statutes is amended to read:

440.01 (2) (cs) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,3199 Section 3199. 440.03 (1) of the statutes is amended to read:

440.03 (1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

32,3200 Section 3200. 440.03 (1m) of the statutes is amended to read:

440.03 (1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2) 227.116 (1g), that is issued under chs. 440 to 480.

32,3201 Section 3201. 440.03 (3q) of the statutes is amended to read:

440.03 (3q) Notwithstanding sub. (3m), the department of regulation and licensing safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).

32,3202 Section 3202. 440.03 (11m) (b) of the statutes is amended to read:

440.03 (11m) (b) The department real estate examining board shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.

32,3203 Section 3203. 440.03 (11m) (c) of the statutes is amended to read:

440.03 (11m) (c) The department of regulation and licensing safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

32,3204 Section 3204. 440.03 (12m) of the statutes is amended to read:

440.03 (12m) The department of regulation and licensing safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing safety and professional services, including whether that credential has been restricted in any way.

32,3205m Section 3205m. 440.04 (3) of the statutes is amended to read:

440.04 (3) Control the allocation, disbursement, and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.

32,3205p Section 3205p. 440.08 (2) (a) 15g. of the statutes is created to read:

440.08 (2) (a) 15g. Bail bond surety corporation: December 1 of each year.

32,3205r Section 3205r. 440.08 (2) (a) 15r. of the statutes is created to read:

440.08 (2) (a) 15r. Bail bond surety agent: June 1 of each year.

32,3206 Section 3206. 440.13 (1) (b) of the statutes is amended to read:

440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing safety and professional services and the department of children and families under s. 49.857.

32,3207 Section 3207. 440.13 (2) (a) of the statutes is amended to read:

440.13 (2) (a) With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

32,3208 Section 3208. 440.13 (2) (c) of the statutes is amended to read:

440.13 (2) (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) when directed to do so by the department.

32,3209 Section 3209. 440.22 (2) of the statutes is amended to read:

440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of regulation and licensing safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

32,3210 Section 3210. 440.905 (1) of the statutes is amended to read:

440.905 (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing safety and professional services on matters relating to cemeteries, to this chapter, or to the board.

32,3211 Section 3211. 440.92 (2) (d) of the statutes is amended to read:

440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of commerce safety and professional services for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES."

32,3212 Section 3212. 440.945 (5) (b) of the statutes is amended to read:

440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing safety and professional services to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

32,3212m Section 3212m. Subchapter XV of Chapter 440 [precedes 440.9991] of the statutes is created to read:

chapter 440

subchapter XV
bail bond sureties

440.9991 Definitions. In this subchapter:

(1) "Licensed bail bond surety agent" or "bail bond surety agent" means a person licensed under s. 440.9993 (2).

(2) "Licensed bail bond surety corporation" or "bail bond surety corporation" means a person licensed under s. 440.9993 (1).

440.9992 License required. No person may be compensated to act as a surety for a bond under ch. 969 unless the person is a licensed bail bond surety corporation or agent. A licensed bail bond surety corporation or agent shall be compensated at the rate established under s. 969.12 (2).

440.9993 Licensure. (1) Bail bond surety corporations. The department shall grant a license as a bail bond surety corporation to a business entity, as defined in s. 13.62 (5), if all of the following apply:

(a) The business submits an application to the department on a form provided by the department.

(b) The business pays the initial credential fee of $1,000.

(c) The business submits, in addition to any other information required by the department, evidence satisfactory to the department, including financial information, that the business is qualified to act as a surety for others in this state, except that the business is not required to be organized under the laws of this state.

(2) Bail bond surety agents. The department shall grant a license as a bail bond surety agent to a person if all of the following apply:

(a) The person submits an application to the department on a form provided by the department.

(b) The person pays the initial credential fee of $1,000.

(c) The person submits, in addition to any other information required by the department, evidence satisfactory to the department that the person is an agent of a licensed bail bond surety corporation.

(3) List of bail bond surety corporations and agents. Annually, the department shall provide a list of all licensed bail bond surety corporations and agents to the clerk of circuit court in each county.

440.9994 Renewal. (1) Renewal dates. The renewal dates for licenses granted under this subchapter are specified in s. 440.08 (2) (a) 15g. and 15r. Renewal applications shall be submitted to the department on a form provided by the department and shall include an annual renewal fee of $1,000.

(2) Licensure renewal for bail bond surety corporations. In addition to any other information required by the department, a licensed bail bond surety corporation shall submit with its renewal application evidence satisfactory to the department, including financial information, that the bail bond surety corporation continues to be, at the time the surety corporation applies for renewal, a business that is qualified to act as a surety for others in this state.

(3) Licensure renewal for bail bond surety agents. In addition to any other information required by the department, a licensed bail bond surety agent shall submit with its renewal application evidence satisfactory to the department that the bail bond surety agent, at the time the surety agent applies for renewal, is an agent of a licensed bail bond surety corporation in good standing with the department.

440.9995 Rules. The department shall promulgate rules necessary to administer this subchapter, including rules of conduct by bail bond surety corporations and agents.

440.9996 Disciplinarily proceedings and actions. (1) Investigations and hearings. Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this subchapter, any rule promulgated under this subchapter, or any other law applicable to bail bond surety corporations or agents, including ch. 969, has occurred.

(2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a bail bond surety corporation or agent or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that an applicant for licensure under this subchapter, a licensed bail bond surety corporation, or a licensed bail bond surety agent, has done any of the following:

1. Intentionally made a material misstatement in an application for a license or for renewal of a license.

2. Advertised in a manner that is false or misleading.

3. In the course of acting as a bail bond surety corporation or agent, made a substantial misrepresentation that was relied upon by another person.

4. Obtained or attempted to obtain compensation through fraud or deceit.

5. Violated any law of this state or federal law that substantially relates to acting as a surety for others or acting as a bail bond surety corporation or agent, violated this subchapter, or violated any rule promulgated under this subchapter.