AB40: Bill Text

AB40,1178,9 452.12 (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, s. 3266 Section 3266. 452.13 (2) (b) 1. of the statutes is amended to read:

AB40,1178,13 452.13 (2) (b) 1. Register with the department of regulation and licensing safety and professional services the name and address of the depository institution and the number of the interest-bearing common trust account.

AB40, s. 3267 Section 3267. 452.13 (2) (b) 2. of the statutes is amended to read:

AB40,1178,17 452.13 (2) (b) 2. Notify the department of regulation and licensing safety and professional services when any of the information required under subd. 1. is changed.

AB40, s. 3268 Section 3268. 452.13 (2) (b) 3. of the statutes is amended to read:

AB40,1178,25 452.13 (2) (b) 3. Furnish the department of regulation and licensing safety and professional services with a letter authorizing the department of regulation and licensing safety and professional services and the department of commerce Wisconsin Housing and Economic Development Authority to examine and audit the interest-bearing common trust account whenever the department of regulation and licensing safety and professional services or the department of commerce Wisconsin Housing and Economic Development Authority considers it necessary.

AB40, s. 3269 Section 3269. 452.13 (2) (bm) of the statutes is amended to read:

AB40,1179,5 452.13 (2) (bm) The department of regulation and licensing safety and professional services shall forward to the department of commerce Wisconsin Housing and Economic Development Authority the information and documents furnished under par. (b).

AB40, s. 3270 Section 3270. 452.13 (2) (d) of the statutes is amended to read:

AB40,1179,9 452.13 (2) (d) The department of commerce Wisconsin Housing and Economic Development Authority is the beneficial owner of the interest accruing to the interest-bearing common trust account, minus any service charges or fees.

AB40, s. 3271 Section 3271. 452.13 (2) (e) 1. of the statutes is amended to read:

AB40,1179,17 452.13 (2) (e) 1. Annually, before February 1, remit to the department of commerce Wisconsin Housing and Economic Development Authority the total interest or dividends, minus service charges or fees, earned on the average daily balance in the interest-bearing common trust account during the 12 months ending on the previous December 31. A depository institution is not required to remit any amount if the total interest or dividends for that period is less than $10 before any deduction for service charges or fees.

AB40, s. 3272 Section 3272. 452.13 (2) (e) 2. of the statutes is amended to read:

AB40,1179,24 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the department of commerce Wisconsin Housing and Economic Development Authority and to the broker maintaining the interest-bearing common trust account a statement that includes the name of the broker for whose account the remittance is made, the rate of interest applied, the amount of service charges or fees deducted, if any, and the account balance for the period that the statement covers.

AB40, s. 3273 Section 3273. 452.13 (2) (f) 2. of the statutes is amended to read:

AB40,1180,3 452.13 (2) (f) 2. May not assess a service charge or fee for an interest-bearing common trust account against the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 3274 Section 3274. 452.13 (2) (f) 3. of the statutes is amended to read:

AB40,1180,10 452.13 (2) (f) 3. May deduct a service charge or fee from the interest earned by an interest-bearing common trust account, and if a balance remains, may deduct the remaining charge or fee from the interest earned on any other interest-bearing common trust account maintained in that depository institution, before remitting interest to the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 3275 Section 3275. 452.13 (5) of the statutes is amended to read:

AB40,1180,15 452.13 (5) Rules. In consultation with the department of regulation and licensing, the department of commerce Wisconsin Housing and Economic Development Authority, the department of safety and professional services shall promulgate rules necessary to administer this section.

AB40, s. 3276 Section 3276. 452.14 (1) of the statutes is amended to read:

AB40,1180,21 452.14 (1) The department board shall, upon motion of the board secretary or his or her designee or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the board or the department receives credible information that a broker, salesperson, or time-share salesperson has violated this chapter or any rule promulgated under this chapter.

AB40, s. 3277 Section 3277. 452.14 (2) of the statutes is amended to read:

AB40,1181,3 452.14 (2) The department shall present the findings of any investigation of a licensee or registrant to the board for its consideration. The department shall upon motion of the board, and board may, upon its own determination, commence disciplinary proceedings on any matter under investigation concerning a licensee or registrant. No investigation of a licensee or registrant may be closed without motion of the board.

AB40, s. 3278 Section 3278. 452.14 (3) (L) of the statutes is amended to read:

AB40,1181,6 452.14 (3) (L) Violated any provision of this chapter or any rule promulgated under this chapter;

AB40, s. 3279 Section 3279. 452.17 (2) of the statutes is amended to read:

AB40,1181,13 452.17 (2) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as, a time-share salesperson in this state without being registered with the department board shall be prosecuted by the district attorney in the county where the violation occurs and may be fined not less than $25 nor more than $200 or imprisoned not less than 10 days nor more than 6 months or both.

AB40, s. 3280 Section 3280. 452.22 (2) of the statutes is amended to read:

AB40,1181,23 452.22 (2) The certificate of the secretary chairperson of the board or his or her designee to the effect that a specified individual or business entity is not or was not on a specified date the holder of a broker's, salesperson's, or time-share salesperson's license or registration, or that a specified license or registration was not in effect on a date specified, or as to the issuance, limitation, suspension, or revocation of any license or registration or the reprimand of any license or registration holder thereof, the filing or withdrawal of any application or its existence or nonexistence, is prima facie evidence of the facts therein stated in the certificate for all purposes in any action or proceedings.

AB40, s. 3281 Section 3281. 462.01 (3) of the statutes is amended to read:

AB40,1182,2 462.01 (3) "Department" means the department of regulation and licensing safety and professional services.

AB40, s. 3282 Section 3282. Chapter 490 of the statutes is created to read:

AB40,1182,5 CHAPTER 490 Business assistance programs

AB40,1182,6 490.01 Definitions. In this chapter:

AB40,1182,7 (1) "Department" means the department of safety and professional services.

AB40,1182,8 (2) "Secretary" means the secretary of safety and professional services.

AB40, s. 3283 Section 3283. 551.403 (2) (a) 2. of the statutes is amended to read:

AB40,1182,11 551.403 (2) (a) 2. Institutional investors, except any institutional investor described in s. 551.102 (11) (k), (m), or (o).

AB40, s. 3284 Section 3284. 551.403 (2) (a) 2m. of the statutes is amended to read:

AB40,1182,14 551.403 (2) (a) 2m. Accredited investors as defined in Rule 501 (a) (1), (2), or (3), (7) or (8) adopted under the Securities Act of 1933.

AB40, s. 3285 Section 3285. Chapter 560 (title) of the statutes is repealed.

AB40, s. 3286 Section 3286. Subchapter I (title) of chapter 560 [precedes 560.001] of the statutes is repealed.

AB40, s. 3287 Section 3287. 560.001 of the statutes is repealed.

AB40, s. 3288 Section 3288. 560.01 (title), (1) and (2) of the statutes are repealed.

AB40, s. 3289 Section 3289. 560.01 (3) of the statutes is renumbered 238.04 (14) and amended to read:

AB40,1182,25 238.04 (14) Foreign office agreements. The department may enter Enter into agreements regarding compensation, space, and other administrative matters as are necessary to operate departmental offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.

AB40, s. 3290 Section 3290. 560.02 of the statutes is repealed.

AB40, s. 3291 Section 3291. 560.03 (title) of the statutes is repealed.

AB40, s. 3292 Section 3292. 560.03 (intro.) of the statutes is repealed.

AB40, s. 3293 Section 3293. 560.03 (1) of the statutes is repealed.

AB40, s. 3294 Section 3294. 560.03 (2) of the statutes is repealed.

AB40, s. 3295 Section 3295. 560.03 (3) of the statutes is repealed.

AB40, s. 3296 Section 3296. 560.03 (4) of the statutes is repealed.

AB40, s. 3297 Section 3297. 560.03 (4m) of the statutes is repealed.

AB40, s. 3298 Section 3298. 560.03 (5) of the statutes is repealed.

AB40, s. 3299 Section 3299. 560.03 (6) of the statutes is repealed.

AB40, s. 3300 Section 3300. 560.03 (8) of the statutes is repealed.

AB40, s. 3301 Section 3301. 560.03 (9) of the statutes is repealed.

AB40, s. 3302 Section 3302. 560.03 (10) of the statutes is repealed.

AB40, s. 3303 Section 3303. 560.03 (11) of the statutes is repealed.

AB40, s. 3304 Section 3304. 560.03 (16) of the statutes is repealed.

AB40, s. 3305 Section 3305. 560.03 (17) of the statutes is renumbered 238.25 and amended to read:

AB40,1183,22 238.25 Assistance to loan recipients. Assist The corporation shall assist new businesses and small businesses receiving economic development loans under s. 234.65 (1) (a) or the assistance of the Wisconsin Housing and Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.

AB40, s. 3306 Section 3306. 560.03 (18) of the statutes is repealed.

AB40, s. 3307 Section 3307. 560.03 (19) of the statutes is repealed.

AB40, s. 3308 Section 3308. 560.03 (20) of the statutes is repealed.

AB40, s. 3309 Section 3309. 560.03 (21) of the statutes is repealed.

AB40, s. 3310 Section 3310. 560.03 (22) of the statutes is repealed.

AB40, s. 3311 Section 3311. 560.03 (23) of the statutes is repealed.

AB40, s. 3312 Section 3312. 560.03 (25) of the statutes is repealed.

AB40, s. 3313 Section 3313. 560.03 (26) of the statutes is repealed.

AB40, s. 3314 Section 3314. 560.031 of the statutes is repealed.

AB40, s. 3315 Section 3315. 560.032 of the statutes is renumbered 238.10 and amended to read:

AB40,1184,16 238.10 Allocation of volume cap on tax-exempt bonds. (1) Allocation. The department, by rule, corporation shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

AB40,1184,22 (2) Amendment to allocation. At any time prior to December 31 in any year, the department corporation may promulgate adopt rules to revise the allocation system established for that year under sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).

AB40,1185,2 (3) Conditions. The department corporation may establish, by rule, any procedure for, and place any condition upon, the granting of an allocation under this section which the department corporation deems to be in the best interest of the state including, but not limited to, a requirement that a cash deposit, at a rate established by the department in the rules corporation, be a condition for an allocation.

AB40,1185,5 (4) Certification. If the secretary corporation receives notice of the issuance of a bond under an allocation under subs. (1) to (3), the secretary corporation shall certify that that bond meets the requirements of 26 USC 146.

AB40, s. 3316 Section 3316. 560.033 of the statutes is repealed.

AB40, s. 3317 Section 3317. 560.0335 of the statutes is renumbered 490.02.

AB40, s. 3318 Section 3318. 560.034 of the statutes is renumbered 238.11, and 238.11 (1), (2), (3) and (5) (intro.), as renumbered, are amended to read:

AB40,1185,16 238.11 (1) The department corporation shall prescribe the notice forms to be used under ss. 66.1103 (4m) (a) 1. and 234.65 (3) (a). The department corporation shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created, or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The department corporation shall prescribe the forms to be used under ss. 66.1103 (4m) (b) and 234.65 (3r).

AB40,1185,22 (2) If the department corporation receives a notice under s. 66.1103 (4m) (a), the department corporation shall estimate, no later than 20 days after receipt of the notice, whether the project which that is the subject of the notice is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.

AB40,1186,3 (3) If the department corporation receives a notice under s. 234.65 (3) (a), the department corporation shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.