Amendment ASA1-AB40

AB40-ASA1, s. 3225 Section 3225. 452.04 of the statutes is repealed.

AB40-ASA1, s. 3226 Section 3226. 452.05 (title) and (1) (intro.) of the statutes are amended to read:

AB40-ASA1,1286,13 452.05 (title) Duties and powers of department board. (1) (intro.) In addition to the other duties and responsibilities of the department board under this chapter, the department board shall advise the secretary on matters relating to real estate practice and shall:

AB40-ASA1, s. 3227 Section 3227. 452.05 (1) (b) of the statutes is amended to read:

AB40-ASA1,1286,17 452.05 (1) (b) Approve forms for use in real estate practice. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice.

AB40-ASA1, s. 3228 Section 3228. 452.05 (1) (c) of the statutes is amended to read:

AB40-ASA1,1286,23 452.05 (1) (c) After consultation with the council on real estate curriculum and examinations and subject to the procedure under s. 452.07, promulgate rules establishing criteria for the approval of educational programs and training sessions under s. 452.09 (2) and approve such programs and sessions in accordance with the established criteria.

AB40-ASA1, s. 3229 Section 3229. 452.05 (1) (d) of the statutes is amended to read:

AB40-ASA1,1287,5 452.05 (1) (d) After consultation with the council on real estate curriculum and examinations, the board, brokers and salespersons licensed under this chapter, and interested members of the public, establish criteria for the approval of continuing educational programs and courses in real estate related subjects required for renewal under s. 452.12 (5) (c) 1.

AB40-ASA1, s. 3229e Section 3229e. 452.05 (1) (e) of the statutes is repealed.

AB40-ASA1, s. 3229h Section 3229h. 452.05 (1) (g) of the statutes is amended to read:

AB40-ASA1,1287,13 452.05 (1) (g) Approve continuing educational programs and courses in accordance with the criteria established under par. (d). In order to be approved, a continuing educational program or course must require brokers and salespersons to pass an examination on the information presented at the program or course in order to successfully complete and receive continuing education credit for the program or course under s. 452.12 (5) (c) 1.

AB40-ASA1, s. 3230 Section 3230. 452.05 (1m) (b) of the statutes is amended to read:

AB40-ASA1,1287,18 452.05 (1m) (b) In preparing the form for the offer to purchase commercial real property under sub. (1) (b), the department board shall include a statement that the seller represents to the buyer that the seller has no notice or knowledge that the commercial real property is a historic building.

AB40-ASA1, s. 3231 Section 3231. 452.05 (2) of the statutes is amended to read:

AB40-ASA1,1287,21 452.05 (2) The department board may prepare letters and bulletins and conduct clinics disseminating information to its licensees.

AB40-ASA1, s. 3232 Section 3232. 452.05 (3) of the statutes is amended to read:

AB40-ASA1,1288,2 452.05 (3) The department board may, after consultation with the board, enter into reciprocal agreements with officials of other states or territories of the United States for licensing brokers and salespersons and grant licenses to applicants who are licensed as brokers or salespersons in those states or territories according to the terms of the reciprocal agreements.

AB40-ASA1, s. 3233e Section 3233e. 452.06 (1) of the statutes is amended to read:

AB40-ASA1,1288,8 452.06 (1) The secretary board shall create a council one or more councils on forms under s. 15.04 (1) (c) which shall meet on a regular basis, be chaired by a member of the board, and report to the board and the secretary. Any proposed change in a form relating to real estate practice shall be referred to the appropriate council on forms for review before the form is approved.

AB40-ASA1, s. 3234m Section 3234m. 452.06 (2) (a) of the statutes is amended to read:

AB40-ASA1,1288,12 452.06 (2) (a) Advise the secretary on the promulgation of rules under s. 452.05 (1) (c) and board on establishing continuing education requirements under s. 452.05 (1) (d).

AB40-ASA1, s. 3234r Section 3234r. 452.06 (2) (b) of the statutes is amended to read:

AB40-ASA1,1288,17 452.06 (2) (b) Periodically, but not Not less than annually, review subjects covered on examinations for licensure under this chapter and the qualifications for instructors of and performance evaluations for educational and continuing educational programs, training sessions, and courses approved under this chapter.

AB40-ASA1, s. 3234t Section 3234t. 452.06 (3) of the statutes is amended to read:

AB40-ASA1,1288,23 452.06 (3) If the secretary creates any councils or committees under s. 15.04 (1) (c) to provide advice to the department or board on matters relating to real estate practice other than the council under sub. (1), such councils or committees shall be chaired by a member of the board, if available, and shall report to the board and the secretary.

AB40-ASA1, s. 3235 Section 3235. 452.07 (title) of the statutes is amended to read:

AB40-ASA1,1288,25 452.07 (title) Rules; review of rules.

AB40-ASA1, s. 3236 Section 3236. 452.07 (1) of the statutes is amended to read:

AB40-ASA1,1289,3 452.07 (1) The department board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.

AB40-ASA1, s. 3237 Section 3237. 452.07 (1m) of the statutes is amended to read:

AB40-ASA1,1289,6 452.07 (1m) The department board shall promulgate rules that specify the supervisory duties of brokers under s. 452.12 (3).

AB40-ASA1, s. 3238 Section 3238. 452.07 (2) to (7) of the statutes are repealed.

AB40-ASA1, s. 3239 Section 3239. 452.09 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1289,12 452.09 (1) Form of application. (intro.) Any person desiring to act as a broker or salesperson shall submit to the department board an application for a license. The application shall be in such form as the department board prescribes and shall include the following:

AB40-ASA1, s. 3240 Section 3240. 452.09 (1) (e) of the statutes is amended to read:

AB40-ASA1,1289,18 452.09 (1) (e) Any other information which that the department board may reasonably require to enable it to determine the competency of each applicant, including each business representative of the business entity, to transact the business of a broker or salesperson in a manner which that safeguards the interests of the public.

AB40-ASA1, s. 3241 Section 3241. 452.09 (2) (a) of the statutes is amended to read:

AB40-ASA1,1290,2 452.09 (2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3), each applicant for a salesperson's license shall submit to the department board evidence satisfactory to the department board of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c). The department board may waive the requirement under this paragraph upon proof that the applicant has received 10 academic credits in real estate or real estate related law courses from an accredited institution of higher education.

AB40-ASA1, s. 3242 Section 3242. 452.09 (2) (c) 2. of the statutes is amended to read:

AB40-ASA1,1290,8 452.09 (2) (c) 2. Submit to the department board evidence satisfactory to the department board of successful completion of educational programs in business management approved for this purpose under s. 452.05 (1) (c). No educational programs applied to satisfy the requirement under subd. 1. may be applied to satisfy the requirement under this subdivision.

AB40-ASA1, s. 3243 Section 3243. 452.09 (2) (d) of the statutes is amended to read:

AB40-ASA1,1290,13 452.09 (2) (d) The department board may waive the requirements under par. (c) upon proof that the applicant has received 20 academic credits in real estate or real estate related law courses from an accredited institution of higher education or that the applicant is licensed to practice law in this state.

AB40-ASA1, s. 3244 Section 3244. 452.09 (3) (a) of the statutes is amended to read:

AB40-ASA1,1290,24 452.09 (3) (a) In determining competency, the department board shall require proof that the applicant for a broker's or salesperson's license has a fair knowledge of the English language,; a fair understanding of the general purposes and general legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel mortgages, and conditional sales contracts,; and a general and fair understanding of the obligations between principal and agent, as well as of this chapter. An The board shall deny a license to an applicant receiving a failing grade, as established by rules of the department board, on any examination given under this section shall be denied a license, but any applicant may review his or her examination results in a manner established by rules of the department board.

AB40-ASA1, s. 3245 Section 3245. 452.09 (3) (b) of the statutes is amended to read:

AB40-ASA1,1291,3 452.09 (3) (b) The department board shall determine competency under par. (a) by means of only an oral examination for any applicant who is unable to write because of a physical handicap.

AB40-ASA1, s. 3246 Section 3246. 452.09 (3) (d) of the statutes is amended to read:

AB40-ASA1,1291,8 452.09 (3) (d) Except as provided in a reciprocal agreement under s. 452.05 (3), the department board may not grant a broker's license to an applicant who does not hold a salesperson's license unless the applicant passes the salesperson's examination and the broker's examination.

AB40-ASA1, s. 3247 Section 3247. 452.09 (5) of the statutes is amended to read:

AB40-ASA1,1291,19 452.09 (5) Apprenticeships. Any person who is a resident of this state and 18 years of age or over may, upon application filed in accordance with sub. (1), be indentured to a licensed resident broker in accordance with rules promulgated by the department board. These rules shall be promulgated so as to protect the public and may limit the real estate sales and brokerage activity of the apprentice. The department board may require an apprentice to take a preliminary examination covering general knowledge and may prescribe the character and extent of his or her work during apprenticeship. The department board may issue a temporary salesperson's permit to the individual for a period not to exceed one year upon payment of the fee under s. 440.05 (6). The temporary permit is not renewable.

AB40-ASA1, s. 3248 Section 3248. 452.10 (2) (b) of the statutes is amended to read:

AB40-ASA1,1291,22 452.10 (2) (b) Unless an application is withdrawn in writing before the department board has made any investigation, no part of the fee shall be returned.

AB40-ASA1, s. 3249 Section 3249. 452.10 (4) (a) of the statutes is amended to read:

AB40-ASA1,1292,3 452.10 (4) (a) Any licensed salesperson or broker may transfer to the employment of a licensed broker by first paying the transfer fee specified in s. 440.05 (7) and filing a transfer form with the department board.

AB40-ASA1, s. 3250 Section 3250. 452.10 (6) of the statutes is amended to read:

AB40-ASA1,1292,7 452.10 (6) In the case of applications for renewals of licenses the department board may dispense with such matters contained in s. 452.09 (1) as it deems unnecessary in view of prior applications.

AB40-ASA1, s. 3251 Section 3251. 452.11 (3) of the statutes is amended to read:

AB40-ASA1,1292,18 452.11 (3) Every nonresident applicant, and every resident licensee who becomes a nonresident, shall file with the department board an irrevocable consent that actions may be commenced against the applicant or licensee in the proper court of any county of the state in which a cause of action arises or in which the plaintiff resides, by the service of any process or pleading authorized by the laws of this state on the department board or any duly authorized employee. The consent shall stipulate and agree that such service is valid and binding as due service upon the applicant or licensee in all courts in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the corporate seal.

AB40-ASA1, s. 3252 Section 3252. 452.11 (4) of the statutes is amended to read:

AB40-ASA1,1293,5 452.11 (4) Any process or pleading under this section shall be served in duplicate upon the department board or its duly authorized employee. One copy shall be filed with the department board and the other immediately forwarded by certified mail to the nonresident licensee against whom the process or pleading is directed at the last address provided to the department board by the nonresident licensee. No default in any such proceeding or action may be taken unless it appears by affidavit of the secretary chairperson of the board or any duly authorized employee that a copy of the process or pleading was mailed to the nonresident licensee as required in this subsection. No judgment by default may be taken in any action or proceeding within 20 days after the date of mailing the process or pleading to the nonresident licensee.

AB40-ASA1, s. 3253 Section 3253. 452.12 (1) of the statutes is amended to read:

AB40-ASA1,1293,9 452.12 (1) Expiration. A license granted by the department board entitles the holder to act as a broker or salesperson, as the case may be, until the applicable renewal date specified under s. 440.08 (2) (a).

AB40-ASA1, s. 3254 Section 3254. 452.12 (2) (c) of the statutes is amended to read:

AB40-ASA1,1293,16 452.12 (2) (c) Application for a business entity license shall be made on forms prescribed by the department board, listing the names and addresses of all business representatives, and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). If there is a change in any of the business representatives, the change shall be reported to the department board, on the same form, within 30 days after the effective date of the change.

AB40-ASA1, s. 3255 Section 3255. 452.12 (4) of the statutes is amended to read:

AB40-ASA1,1293,23 452.12 (4) Register of brokers and salespersons. The department shall maintain the register required by s. 440.035 (4). The board shall include in the register the board maintains under s. 440.035 (4) the names of all brokers and salespersons whose licenses have been were revoked at any time within the past 2 years prior to the issuance thereof shall be included in the register. The register shall be available for purchase at cost.

AB40-ASA1, s. 3255m Section 3255m. 452.12 (5) (a) of the statutes is amended to read:

AB40-ASA1,1294,6 452.12 (5) (a) Renewal applications for all licenses shall be submitted with the applicable renewal fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). The department shall pay $10 of each renewal fee received under this paragraph to the Board of Regents of the University of Wisconsin System for research and educational, public outreach, and grant activities under s. 36.25 (34).

AB40-ASA1, s. 3256 Section 3256. 452.12 (5) (b) of the statutes is amended to read:

AB40-ASA1,1294,10 452.12 (5) (b) If an application for renewal is not filed with the department board on or before the renewal date, the applicant may not engage in any of the activities covered by the license until the license is renewed or a new license is issued.

AB40-ASA1, s. 3256m Section 3256m. 452.12 (5) (c) 1. of the statutes is renumbered 452.12 (5) (c) and amended to read:

AB40-ASA1,1294,15 452.12 (5) (c) At the time of renewal, each broker or salesperson shall submit proof of attendance at and successful completion of continuing education programs or courses approved under s. 452.05 (1) (g), except as provided in subd. 2.

AB40-ASA1, s. 3257j Section 3257j. 452.12 (5) (c) 2. of the statutes is repealed.

AB40-ASA1, s. 3259 Section 3259. 452.12 (6) (b) of the statutes is amended to read:

AB40-ASA1,1294,20 452.12 (6) (b) Unless an applicant's license has been revoked or suspended under s. 452.14 (3), the department board may register the applicant under par. (a) as an inactive licensee upon payment of a $15 fee.

AB40-ASA1, s. 3260 Section 3260. 452.12 (6) (d) of the statutes is amended to read:

AB40-ASA1,1294,25 452.12 (6) (d) If an inactive licensee files an application for reinstatement before January 1, 1996, the department board shall reinstate the inactive licensee's original license in accordance with the requirements for late renewal under s. 440.08 (3).

AB40-ASA1, s. 3261 Section 3261. 452.12 (6) (e) (intro.) of the statutes is amended to read:

AB40-ASA1,1295,4 452.12 (6) (e) (intro.) Except as provided in ss. 440.03 (11m) (b), 440.12 and 440.13 (2) (a) (c), the department board shall reinstate an inactive licensee's original license as follows:

AB40-ASA1, s. 3262 Section 3262. 452.12 (6) (e) 1. of the statutes is amended to read:

AB40-ASA1,1295,11 452.12 (6) (e) 1. If a person has registered as an inactive licensee before November 1, 1990, the department board shall reinstate the person's original license if that person applies to the department board for reinstatement of his or her original license, pays the fee specified under s. 440.05 (1), passes an examination under s. 452.09 (3), and completes the education requirements established by the department board under par. (f).

AB40-ASA1, s. 3263 Section 3263. 452.12 (6) (e) 2. of the statutes is amended to read:

AB40-ASA1,1295,22 452.12 (6) (e) 2. If a person has registered as an inactive licensee on or after November 1, 1990, the department board shall reinstate the person's original license if that person applies to the department board for reinstatement of his or her original license, pays the renewal fee determined by the department under s. 440.03 (9) (a) for the original license and completes 12 hours of the continuing education as requirements established by the department board under par. (f). A person who is eligible for reinstatement of his or her original license under this subdivision shall complete the requirements for reinstatement under this subdivision before January 1, 1996, or within 5 years after the date on which the person registered as an inactive licensee, whichever is later.

AB40-ASA1, s. 3264 Section 3264. 452.12 (6) (e) 3. of the statutes is amended to read:

AB40-ASA1,1296,3 452.12 (6) (e) 3. If a person who is eligible for reinstatement of his or her original license under subd. 2. does not complete the requirements for reinstatement within the time specified under subd. 2., the department board shall reinstate the original license of that person if he or she meets the requirements specified under subd. 1.

AB40-ASA1, s. 3265 Section 3265. 452.12 (6) (f) of the statutes is amended to read:

AB40-ASA1,1296,7 452.12 (6) (f) The department board shall promulgate rules establishing the education requirements that applicants for reinstatement of original licenses under par. (e) must satisfy.

AB40-ASA1, s. 3266 Section 3266. 452.13 (2) (b) 1. of the statutes is amended to read: