Amendment ASA1-AB40

AB40-ASA1,1146,14 425.103 (2) (a) With respect to a transaction other than one pursuant to an open-end plan and except as provided in par. (am); if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment, within 40 days of its scheduled or deferred due date; if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or deferred due date; or, if the transaction is scheduled to be repaid in a single payment, to have all or any part of the payment unpaid for more than 40 days after its scheduled or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due;

AB40-ASA1,2178f Section 2178f. 425.103 (2) (am) of the statutes is created to read:

AB40-ASA1,1146,22 425.103 (2) (am) With respect to an installment loan not secured by a motor vehicle made by a licensee under s. 138.09 or 138.14; to have outstanding an amount of one full payment or more which has remained unpaid for more than 10 days after the scheduled or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due;

AB40-ASA1,2179 Section 2179. 440.03 (7m) of the statutes is amended to read:

AB40-ASA1,1147,8 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and 480.08 (2m).

AB40-ASA1,2179g Section 2179g. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1147,13 440.03 (9) (a) (intro.) Subject to pars. (b) and (c), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and, except as provided in par. (e), for a credential renewal by doing all of the following:

AB40-ASA1,2179r Section 2179r. 440.03 (9) (e) of the statutes is created to read:

AB40-ASA1,1147,16 440.03 (9) (e) The renewal fee for licenses granted under subch. II of ch. 459 is specified in s. 459.24 (5) (a).

AB40-ASA1,2179t Section 2179t. 440.03 (13) (b) 12g. of the statutes is created to read:

AB40-ASA1,1147,18 440.03 (13) (b) 12g. Bail bond agent.

AB40-ASA1,2179w Section 2179w. 440.03 (13) (b) 12r. of the statutes is created to read:

AB40-ASA1,1147,20 440.03 (13) (b) 12r. Bail recovery agent.

AB40-ASA1,2180 Section 2180. 440.03 (13) (b) 29. of the statutes is repealed.

AB40-ASA1,2181 Section 2181. 440.03 (13) (b) 57m. of the statutes is repealed.

AB40-ASA1,2182 Section 2182. 440.03 (13) (b) 58. of the statutes is repealed.

AB40-ASA1,2182m Section 2182m. 440.04 (6) of the statutes is amended to read:

AB40-ASA1,1148,5 440.04 (6) Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in s. 230.08 (2). The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator (e) 11m.

AB40-ASA1,2183 Section 2183. 440.05 (intro.) of the statutes is amended to read:

AB40-ASA1,1148,9 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):

AB40-ASA1,2183d Section 2183d. 440.05 (2) (a) of the statutes is amended to read:

AB40-ASA1,1148,17 440.05 (2) (a) Reciprocal credential, including any credential described in s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: Except as provided in par. (b), the applicable credential renewal fee determined by the department under s. 440.03 (9) (a) or, for licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5) (a), and, if an examination is required, an examination fee under sub. (1).

AB40-ASA1,2183e Section 2183e. 440.08 (2) (a) 15e. of the statutes is created to read:

AB40-ASA1,1148,19 440.08 (2) (a) 15e. Bail bond agency: December 1 of each odd-numbered year.

AB40-ASA1,2183m Section 2183m. 440.08 (2) (a) 15g. of the statutes is created to read:

AB40-ASA1,1148,21 440.08 (2) (a) 15g. Bail bond agent: December 1 of each even-numbered year.

AB40-ASA1,2183s Section 2183s. 440.08 (2) (a) 15j. of the statutes is created to read:

AB40-ASA1,1148,24 440.08 (2) (a) 15j. Bail recovery agent: September 1 of each even-numbered year.

AB40-ASA1,2184 Section 2184. 440.08 (2) (a) 23m. of the statutes is repealed.

AB40-ASA1,2185 Section 2185. 440.08 (2) (a) 35m. of the statutes is repealed.

AB40-ASA1,2186 Section 2186. 440.08 (2) (a) 63p. of the statutes is repealed.

AB40-ASA1,2187 Section 2187. 440.08 (2) (a) 63t. of the statutes is repealed.

AB40-ASA1,2187am Section 2187am. 440.08 (2) (c) of the statutes is amended to read:

AB40-ASA1,1149,8 440.08 (2) (c) Except as provided in sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b) or, for licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5) (a).

AB40-ASA1,2187b Section 2187b. 440.08 (3) (a) of the statutes is amended to read:

AB40-ASA1,1149,15 440.08 (3) (a) Except as provided in rules promulgated under par. (b), if the department does not receive an application to renew a credential before its renewal date, the holder of the credential may restore the credential by payment of the applicable renewal fee determined by the department under s. 440.03 (9) (a) or, for licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5) (a), and by payment of a late renewal fee of $25.

AB40-ASA1,2187c Section 2187c. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

AB40-ASA1,1149,18 CHAPTER 440

AB40-ASA1,1149,19 SUBCHAPTER II

AB40-ASA1,1149,22 PRIVATE DETECTIVES, PRIVATE SECURITY PERSONS, BAIL BOND AGENTS, AND BAIL RECOVERY AGENTS

AB40-ASA1,2187g Section 2187g. 440.28 of the statutes is created to read:

AB40-ASA1,1149,24 440.28 Definitions. In this section and ss. 440.281 to 440.288:

AB40-ASA1,1149,25 (1) "Bail bond" means a bond executed under ch. 969.

AB40-ASA1,1150,2 (2) "Bail bond agency" means a business that is compensated to act as a surety for a bail bond under ch. 969.

AB40-ASA1,1150,4 (3) "Bail bond agent" means an individual who is compensated to act as a surety for a bail bond under ch. 969.

AB40-ASA1,1150,6 (4) "Bail recovery agent" means an individual who is compensated to locate, apprehend, transport, or surrender a principal.

AB40-ASA1,1150,8 (5) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB40-ASA1,1150,10 (6) "Business representative" means an owner, officer, director, manager, member, partner, or other agent of a business.

AB40-ASA1,1150,12 (7) "Certified bail recovery agent" means an individual who is certified under s. 440.282 (3).

AB40-ASA1,1150,13 (8) "Law enforcement officer" has the meaning given in s.165.85 (2) (c).

AB40-ASA1,1150,14 (9) "Licensed agency" means a business that is licensed under s. 440.282 (2).

AB40-ASA1,1150,15 (10) "Licensed agent" means an individual who is licensed under s. 440.282 (1).

AB40-ASA1,1150,17 (11) "Principal" means a defendant who is released on a bail bond under ch. 969.

AB40-ASA1,2187h Section 2187h. 440.281 of the statutes is created to read:

AB40-ASA1,1150,22 440.281 License or certification required. (1) Bail bond agents and agencies. (a) No individual may act as a bail bond agent in this state unless the individual is a licensed agent and the bail bond is underwritten by a surety company authorized to do business in this state.

AB40-ASA1,1150,25 (b) No business may act as a bail bond agency in this state unless the business is a licensed agency and the bail bond is underwritten by a surety company authorized to do business in this state.

AB40-ASA1,1151,5 (c) A licensed agent or licensed agency may be compensated to act as a surety for a bail bond under ch. 969 only in an action brought in Dane, Kenosha, Milwaukee, Racine, or Waukesha county. This paragraph does not apply after the last day of the 60th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,1151,8 (2) Bail recovery agents. Except as provided in s. 440.288 (1) (c), no individual may act as a bail recovery agent in this state unless the individual is a certified bail recovery agent.

AB40-ASA1,2187i Section 2187i. 440.282 of the statutes is created to read:

AB40-ASA1,1151,13 440.282 Licensure of bail bond agents and agencies; bail recovery agent certification. (1) Bail bond agents. The department shall grant a license to act as a bail bond agent to an individual if the department determines that all of the following requirements are met:

AB40-ASA1,1151,17 (a) The individual submits an application for the license to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB40-ASA1,1151,19 (b) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB40-ASA1,1151,21 (c) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB40-ASA1,1151,22 (d) The individual pays an initial licensure fee of $1,000.

AB40-ASA1,1151,24 (e) The individual satisfies any other requirements established by the department by rule.

AB40-ASA1,1152,3 (2) Bail bond agencies. The department shall grant a license to act as a bail bond agency to a business if the department determines that all of the following requirements are met:

AB40-ASA1,1152,8 (a) The business submits an application to the department on a form prescribed by the department. The application shall include the business's name and address, the name and addresses of the business representatives of the business and any bail bond agents who are employed by the business, and any other information required by the department by rule.

AB40-ASA1,1152,10 (b) The business has at least one business representative who is a licensed agent.

AB40-ASA1,1152,11 (c) The business pays the initial credential fee of $1,000.

AB40-ASA1,1152,13 (d) The business satisfies any other requirements established by the department by rule.

AB40-ASA1,1152,16 (3) Bail recovery agents. The department shall grant a certification to act as a bail recovery agent to an individual if the department determines that all of the following requirements are met:

AB40-ASA1,1152,20 (a) The individual submits an application for certification to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB40-ASA1,1152,22 (b) The individual is a private detective who is licensed under s. 440.26 (2) (a) 2.

AB40-ASA1,1152,24 (c) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB40-ASA1,1153,2 (d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB40-ASA1,1153,4 (e) The individual satisfies any other requirements established by the department by rule.

AB40-ASA1,1153,9 (4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and (2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e., 15g., and 15j. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

AB40-ASA1,1153,11 (b) The renewal application for a licensed agent or a licensed agency shall include a renewal fee of $1,000.

AB40-ASA1,2187j Section 2187j. 440.283 of the statutes is created to read:

AB40-ASA1,1153,19 440.283 Information concerning licensed agents, licensed agencies, and certified bail recovery agents. (1) Register. The department shall compile and keep current a register of the names and addresses of all licensed agents, licensed agencies, and certified bail recovery agents. The department shall make that register available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public on an Internet site maintained by the department.

AB40-ASA1,1153,22 (2) Register provided to court clerks. Annually, the department shall provide a complete copy of the register kept under sub. (1) to the clerk of circuit court in each county.

AB40-ASA1,1154,2 (3) Notice of disciplinary action. The department shall promptly notify the clerk of circuit court in each county concerning any action taken by the department under. s. 440.287 (2) against a licensed agent, licensed agency, or certified bail recovery agent.

AB40-ASA1,2187k Section 2187k. 440.284 of the statutes is created to read:

AB40-ASA1,1154,7 440.284 Bond or liability policy required. (1) Licensed agencies. Each licensed agency shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule that covers all licensed agents of the agency.

AB40-ASA1,1154,11 (2) Licensed agents. Each licensed agent who is not included under a bond or liability policy under sub. (1) shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule.

AB40-ASA1,2187L Section 2187L. 440.285 of the statutes is created to read:

AB40-ASA1,1154,17 440.285 Restriction on business referrals. (1) No licensed agent, licensed agency, or certified bail recovery agent, and no agent or employee of a licensed agent, licensed agency, or certified bail recovery agent, may, in the course of its business, suggest in any manner that a principal or prospective principal contact or engage the services of any attorney or law firm.

AB40-ASA1,1154,20 (2) No law enforcement officer or other employee of the state or of a city, village, town, or county may suggest in any manner that a defendant contact or engage the services of any bail bond agent or bail bond agency.

AB40-ASA1,2187m Section 2187m. 440.286 of the statutes is created to read: