Feed for /2011/related/proposals/ab567 PDF
AB567,8,87 (c) The individual satisfies the education, training, and examination
8requirements established by the department by rule.
AB567,8,109 (d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have
10an arrest or conviction record.
AB567,8,1211 (e) The individual satisfies any other requirements established by the
12department by rule.
AB567,8,17 13(4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and
14(2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e.,
1515m., and 15s. A renewal application shall be submitted to the department on a
16form prescribed by the department and shall include any information required by
17the department by rule.
AB567,8,1918 (b) The renewal application for a licensed agent or a licensed agency shall
19include a renewal fee of $1,000.
AB567, s. 12 20Section 12. 440.283 of the statutes is created to read:
AB567,9,2 21440.283 Information concerning licensed agents, licensed agencies,
22and certified bail recovery agents. (1)
Register. The department shall
23compile and keep current a register of the names and addresses of all licensed
24agents, licensed agencies, and certified bail recovery agents. The department
25shall make that register available for public inspection during the times specified

1in s. 230.35 (4) (a). The department may also make the register available to the
2public on a Web site maintained by the department.
AB567,9,5 3(2) Register provided to court clerks. Annually, the department shall
4provide a complete copy of the register kept under sub. (1) to the clerk of circuit
5court in each county.
AB567,9,9 6(3) Notice of disciplinary action. The department shall promptly notify
7the clerk of circuit court in each county concerning any action taken by the
8department under. s. 440.288 (2) against a licensed agent, licensed agency, or
9certified bail recovery agent.
AB567, s. 13 10Section 13. 440.284 of the statutes is created to read:
AB567,9,14 11440.284 Bond or liability policy required. (1) Licensed agencies. Each
12licensed agency shall file with the department a bond or liability policy, approved
13by the department, in an amount determined by the department by rule that
14covers all licensed agents of the agency.
AB567,9,18 15(2) Licensed agents. Each licensed agent who is not included under a bond
16or liability policy under sub. (1) shall file with the department a bond or liability
17policy, approved by the department, in an amount determined by the department
18by rule.
AB567, s. 14 19Section 14. 440.286 of the statutes is created to read:
AB567,9,25 20440.286 Restriction on business referrals. (1) No bail bond agent, bail
21bond agency, or bail recovery agent, and no agent or employee of a bail bond
22agent, bail bond agency, or bail recovery agent, may, in the course of the business
23of the bail bond agent, bail bond agency, or bail recovery agent, suggest in any
24manner that a principal or prospective principal contact or engage the services of
25any attorney or law firm.
AB567,10,3
1(2) No law enforcement officer or other employee of the state or of a city,
2village, town, or county may suggest in any manner that a defendant contact or
3engage the services of any bail bond agent or any bail bond agency.
AB567, s. 15 4Section 15. 440.287 of the statutes is created to read:
AB567,10,8 5440.287 Advisory committee. (1) The department shall establish and,
6except as provided under sub. (2) (a) 5., appoint an advisory committee under s.
7440.042 to advise the department on matters relating to the regulation of bail
8bond agents, bail bond agencies, and bail recovery agents.
AB567,10,9 9(2) (a) The committee shall consist of the following 7 members:
AB567,10,1010 1. One private criminal defense attorney licensed to practice law in this state.
AB567,10,1111 2. One current or former law enforcement officer.
AB567,10,1212 3. One current or former judge for the circuit court of any county in this state.
AB567,10,1413 4. One member of the public who is a citizen of this state and who is not a
14current or former law enforcement officer.
AB567,10,1715 5. One member of the state legislature, who, notwithstanding s. 440.042 (1),
16shall be nominated by the governor and appointed with the advice and consent of the
17senate.
AB567,10,1818 6. Two representatives of the bail bond industry in this state.
AB567,10,2019 (b) The members of the committee shall be appointed for 3-year terms. No
20member may serve more than 2 consecutive terms.
AB567, s. 16 21Section 16. 440.288 of the statutes is created to read:
AB567,11,3 22440.288 Disciplinarily proceedings and actions. (1) Investigations
23and hearings.
Subject to the rules promulgated under s. 440.03 (1), the
24department may conduct investigations and hearings to determine whether a
25violation of ss. 440.281 to 440.286 or any rule promulgated under s. 440.289 or a

1violation of any other law of this state, any law of another state, or any federal
2law that substantially relates to the activity of a bail bond agent, bail bond
3agency, or bail recovery agent has occurred.
AB567,11,9 4(2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the
5department may reprimand a bail bond agent, bail bond agency, or bail recovery
6agent or deny, limit, suspend, or revoke a license or certification granted under s.
7440.282 if the department finds that an applicant for licensure or certification, a
8licensed agent, licensed agency, or certified bail recovery agent, has done any of
9the following:
AB567,11,1110 1. Intentionally made a material misstatement in an application for a
11license or license renewal or a certification or certification renewal.
AB567,11,1212 2. Advertised in a manner that is false or misleading.
AB567,11,1313 3. Obtained or attempted to obtain compensation through fraud or deceit.
AB567,11,1714 4. Violated ss. 440.281 to 440.286 or any rule promulgated under s. 440.289
15or violated any other law of this state, any law of another state, or any federal law
16that substantially relates to the activity of a bail bond agent, bail bond agency, or
17bail recovery agent.
AB567,11,1818 5. Engaged in unprofessional conduct.
AB567,11,2119 (b) In addition to or in lieu of a reprimand or other action under par. (a), the
20department may establish by rule other penalties, including a forfeiture not to
21exceed $5,000 for each violation, for a violation under par. (a).
AB567, s. 17 22Section 17. 440.289 of the statutes is created to read:
AB567,11,24 23440.289 Rules. (1) The department shall promulgate rules necessary to
24administer ss. 440.28 to 440.288, including rules that do all of the following:
AB567,12,2
1(a) Establish photograph identification requirements for bail bond agents
2and bail recovery agents.
AB567,12,43 (b) Establish rules of conduct for bail bond agents, bail bond agencies, and
4bail recovery agents, including rules that do all of the following:
AB567,12,65 1. Prohibit the use or display of badges, shields, or any other similar images
6or items normally associated with law enforcement officers.
AB567,12,87 2. Require contact with appropriate local law enforcement officers or other
8officials before an attempt is made to apprehend a principal.
AB567,12,109 3. Establish other requirements concerning the location, apprehension,
10transportation, and surrender of principals.
AB567,12,1411 (c) Establish procedures for the temporary certification in this state of bail
12recovery agents from other states. The department may enter into reciprocal
13agreements with other states concerning the activities of bail bond agents, bail
14bond agencies, and bail recovery agents in the respective states.
AB567,12,1915 (d) Establish appropriate education, training, examination, and other
16requirements for the initial licensure of bail bond agents and the initial
17certification of bail recovery agents and establish appropriate continuing
18education, training, and other requirements for the renewal of those licenses and
19certifications.
AB567,12,24 20(2) In promulgating rules under this section, the department shall consult
21federal law and the laws of other states concerning the licensure requirements that
22exist under those laws for bail bond agents, bail bond agencies, and bail recovery
23agents. The department shall attempt to make the requirements it establishes in
24rules promulgated under this section consistent with those laws.
AB567, s. 18 25Section 18. 628.02 (1) (b) 9. of the statutes is created to read:
AB567,13,2
1628.02 (1) (b) 9. A person who is licensed under s. 440.282 (1) or (2) and is acting
2within the scope of that license.
AB567, s. 5 3Section 5. 969.12 (1) of the statutes is repealed.
AB567, s. 6 4Section 6. 969.12 (2) of the statutes is amended to read:
AB567,13,105 969.12 (2) A surety under this chapter shall be a natural person, except who
6is a resident of this state or
a surety under s. 345.61 or a bail bond agent or bail bond
7agency that is licensed under s. 440.282
. No surety under this chapter may be
8compensated for acting as such a surety, except that a bail bond agent or bail bond
9agency that is licensed under s. 440.282 shall be compensated at a rate of 10 percent
10of the amount of the bond set
.
AB567, s. 19 11Section 19. Nonstatutory provisions.
AB567,13,2112 (1) Emergency rules. Using the procedure under section 227.24 of the statutes,
13the department of safety and professional services may promulgate the rules
14required or otherwise authorized under sections 440.28 to 440.289 of the statutes,
15as created by this act, for the period before the permanent rules become effective, but
16not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
17Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
18is not required to provide evidence that promulgating a rule under this subsection
19as an emergency rule is necessary for the preservation of the public peace, health,
20safety, or welfare and is not required to provide a finding of emergency for the rules
21promulgated under this subsection.
AB567, s. 20 22Section 20. Effective date.
AB567,13,2423 (1) This act takes effect on first day of the 7th month beginning after
24publication.
AB567,13,2525 (End)
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