Amendment ASA1-AB40

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:

AB40-ASA1,1154,25 440.286 Advisory committee. (1) The department shall establish and, except as provided under sub. (2) (a) 5., appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of bail bond agents, bail bond agencies, and bail recovery agents.

AB40-ASA1,1155,1 (2) (a) The committee shall consist of the following 7 members:

AB40-ASA1,1155,2 1. One private criminal defense attorney licensed to practice law in this state.

AB40-ASA1,1155,3 2. One current or former law enforcement officer.

AB40-ASA1,1155,4 3. One current or former judge for the circuit court of any county in this state.

AB40-ASA1,1155,6 4. One member of the public who is a resident of this state and who is not a current or former law enforcement officer.

AB40-ASA1,1155,9 5. One member of the state legislature, who, notwithstanding s. 440.042 (1), shall be nominated by the governor and appointed with the advice and consent of the senate.

AB40-ASA1,1155,10 6. Two representatives of the bail bond industry in this state.

AB40-ASA1,1155,12 (b) The members of the committee shall be appointed for 3-year terms. No member may serve more than 2 consecutive terms.

AB40-ASA1,2187n Section 2187n. 440.287 of the statutes is created to read:

AB40-ASA1,1155,20 440.287 Disciplinary 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 ss. 440.281 to 440.285 or any rule promulgated under s. 440.288 or a violation of any other law of this state, law of another state, or federal law that substantially relates to the activity of a bail bond agent, bail bond agency, or bail recovery agent has occurred.

AB40-ASA1,1156,2 (2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed agent, licensed agency, or certified bail recovery agent or deny, limit, suspend, or revoke a license or certification granted under s. 440.282 if the department finds that an applicant for licensure or certification, a licensed agent, licensed agency, or certified bail recovery agent has done any of the following:

AB40-ASA1,1156,4 1. Intentionally made a material misstatement in an application for a license or license renewal or a certification or certification renewal.

AB40-ASA1,1156,5 2. Advertised in a manner that is false or misleading.

AB40-ASA1,1156,6 3. Obtained or attempted to obtain compensation through fraud or deceit.

AB40-ASA1,1156,10 4. Violated ss. 440.281 to 440.285 or any rule promulgated under s. 440.288 or violated any other law of this state, law of another state, or federal law that substantially relates to the activity of a bail bond agent, bail bond agency, or bail recovery agent.

AB40-ASA1,1156,11 5. Engaged in unprofessional conduct.

AB40-ASA1,1156,14 (b) In addition to or in lieu of a reprimand or other action under par. (a), the department may establish by rule other penalties, including a forfeiture not to exceed $5,000 for each violation, for a violation under par. (a).

AB40-ASA1,2187o Section 2187o. 440.288 of the statutes is created to read:

AB40-ASA1,1156,17 440.288 Rules. (1) The department shall promulgate rules necessary to administer ss. 440.28 to 440.287, including rules that do all of the following:

AB40-ASA1,1156,19 (a) Establish photograph identification requirements for licensed agents and certified bail recovery agents.

AB40-ASA1,1156,21 (b) Establish rules of conduct for licensed agents, licensed agencies, and certified bail recovery agents, including rules that do all of the following:

AB40-ASA1,1156,23 1. Prohibit the use or display of badges, shields, or any other similar images or items normally associated with law enforcement officers.

AB40-ASA1,1156,25 2. Require contact with appropriate local law enforcement officers or other officials before an attempt is made to apprehend a principal.

AB40-ASA1,1157,2 3. Establish other requirements concerning the location, apprehension, transportation, and surrender of principals.

AB40-ASA1,1157,6 (c) Establish procedures for the temporary certification in this state of bail recovery agents from other states. The department may enter into reciprocal agreements with other states concerning the activities of bail bond agents, bail bond agencies, and bail recovery agents in the respective states.

AB40-ASA1,1157,10 (d) Establish education, training, examination, and other requirements for the initial licensure of bail bond agents and the initial certification of bail recovery agents and establish continuing education, training, and other requirements for the renewal of those licenses and certifications.

AB40-ASA1,1157,15 (2) In promulgating rules under this section, the department shall consult federal law and the laws of other states concerning the licensure requirements that exist under those laws for bail bond agents, bail bond agencies, and bail recovery agents. The department shall attempt to make the requirements it establishes in rules promulgated under this section consistent with those laws.

AB40-ASA1,2188 Section 2188. Subchapter IV (title) of chapter 440 [precedes 440.41] of the statutes is renumbered subchapter II (title) of chapter 202 [precedes 202.11].

AB40-ASA1,2189 Section 2189. 440.41 (intro.) of the statutes is renumbered 202.11 (intro.).

AB40-ASA1,2190 Section 2190. 440.41 (1) of the statutes is renumbered 202.11 (1).

AB40-ASA1,2191 Section 2191. 440.41 (2) (intro.) of the statutes is renumbered 202.11 (2) (intro.).

AB40-ASA1,2192 Section 2192. 440.41 (2) (a) of the statutes is renumbered 202.11 (2) (a).

AB40-ASA1,2193 Section 2193. 440.41 (2) (b) of the statutes is renumbered 202.11 (2) (b) and amended to read:

AB40-ASA1,1158,3 202.11 (2) (b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective.

AB40-ASA1,2194 Section 2194. 440.41 (3) of the statutes is renumbered 202.11 (3) and amended to read:

AB40-ASA1,1158,10 202.11 (3) "Charitable sales promotion" means an advertising or sales campaign, that is conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting , which and that represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.

AB40-ASA1,2195 Section 2195. 440.41 (4) of the statutes is renumbered 202.11 (4).

AB40-ASA1,2196 Section 2196. 440.41 (5) of the statutes is renumbered 202.11 (5) (intro.) and amended to read:

AB40-ASA1,1158,17 202.11 (5) (intro.) "Contribution" means a grant or pledge of money, credit, property, or other thing of any kind or value, except used clothing or household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from bingo any of the following:

AB40-ASA1,1158,18 (a) Bingo or raffles conducted under ch. 563, a.

AB40-ASA1,1158,19 (b) A government grant, or a.

AB40-ASA1,1158,24 (c) A bona fide fee, due, or assessment paid by a member of a charitable organization, except that, if initial membership in a charitable organization is conferred solely as consideration for making a grant or pledge of money to the charitable organization in response to a solicitation, the that grant or pledge of money is a contribution.

AB40-ASA1,2197 Section 2197. 440.41 (6) of the statutes is renumbered 202.11 (6) (intro.) and amended to read:

AB40-ASA1,1159,8 202.11 (6) (intro.) "Fund-raising counsel" means a person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, solicitation in this state for a charitable organization, but who does not solicit and who does not in this state or employ, engage, or provide any person who is paid to solicit contributions in this state. "Fund-raising counsel" does not include an any of the following:

AB40-ASA1,1159,11 (a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a contribution or a.

AB40-ASA1,1159,13 (b) A bona fide employee, volunteer, or salaried officer of a charitable organization.

AB40-ASA1,2198 Section 2198. 440.41 (7) of the statutes is renumbered 202.11 (7) (intro.) and amended to read:

AB40-ASA1,1159,19 202.11 (7) (intro.) "Professional fund-raiser" means a person who, for compensation, solicits in this state or employs, engages, or provides, directly or indirectly, another person who is paid to solicit in this state. "Professional fund-raiser" does not include an any of the following:

AB40-ASA1,1159,23 (a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a charitable contribution, a .

AB40-ASA1,1159,25 (b) A bona fide employee, volunteer, wholly owned subsidiary, or salaried officer of a charitable organization, an.

AB40-ASA1,1160,2 (c) An employee of a temporary help agency who is placed with a charitable organization or a .

AB40-ASA1,1160,4 (d) A bona fide employee of a person who employs another person to solicit in this state.

AB40-ASA1,2199 Section 2199. 440.41 (8) of the statutes is renumbered 202.11 (8).

AB40-ASA1,2200 Section 2200. 440.41 (9) (intro.) of the statutes is renumbered 202.11 (9) (intro.).

AB40-ASA1,2201 Section 2201. 440.41 (9) (a) of the statutes is renumbered 202.11 (9) (a).

AB40-ASA1,2202 Section 2202. 440.41 (9) (b) of the statutes is renumbered 202.11 (9) (b) and amended to read:

AB40-ASA1,1160,14 202.11 (9) (b) An announcement to the news media or by radio, television, telephone, telegraph, or other transmission of images or information concerning the a request for contributions a contribution by or for a charitable organization or for a charitable purpose.

AB40-ASA1,2203 Section 2203. 440.41 (9) (c) of the statutes is renumbered 202.11 (9) (c) and amended to read:

AB40-ASA1,1160,19 202.11 (9) (c) The distribution or posting of a handbill, written advertisement, or other publication which that directly or by implication seeks contributions a contribution.

AB40-ASA1,2204 Section 2204. 440.41 (9) (d) (intro.) of the statutes is renumbered 202.11 (9) (d) (intro.) and amended to read:

AB40-ASA1,1160,25 202.11 (9) (d) (intro.) The sale of, or offer or attempt to sell, a membership or an advertisement, advertising space, book, card, tag, coupon, device, magazine, merchandise, subscription, flower, ticket, candy, cookie, or other tangible item in connection with any of the following:

AB40-ASA1,2205 Section 2205. 440.41 (9) (d) 1. of the statutes is renumbered 202.11 (9) (d) 1.

AB40-ASA1,2206 Section 2206. 440.41 (9) (d) 2. of the statutes is renumbered 202.11 (9) (d) 2.

AB40-ASA1,2207 Section 2207. 440.41 (9) (d) 3. of the statutes is renumbered 202.11 (9) (d) 3.

AB40-ASA1,2208 Section 2208. 440.41 (10) of the statutes is renumbered 202.11 (10).

AB40-ASA1,2209 Section 2209. 440.42 of the statutes is renumbered 202.12, and 202.12 (1) (b) 3., (c) and (d), (2) (b), (c), (g) and (L) 1. and 2., (3) (a) (intro.) and 2., (5) (a) 1., 2., 3., 3m. and 5. and (7) (a), (b) and (c), as renumbered, are amended to read:

AB40-ASA1,1161,9 202.12 (1) (b) 3. Pays to the department a $15 the registration fee determined by the department under s. 202.08.

AB40-ASA1,1161,15 (c) The department shall issue a certificate of registration to each charitable organization that is registered under this subsection. Renewal applications shall be submitted to the department, on in a form provided and manner prescribed by the department, on or before the expiration date specified in s. 440.08 (2) (a) by August 1 of each year and shall include a registration statement that complies with sub. (2) and the renewal fee determined by the department under s. 440.03 (9) (a) 202.08.

AB40-ASA1,1161,19 (d) Within 20 days after receiving Upon the department's review of an application for registration or for renewal of a registration under this subsection, the department shall notify the charitable organization of any deficiencies in the application, registration statement, or fee payment.

AB40-ASA1,1161,24 (2) (b) The address and telephone number, and electronic mail address, if available, of the charitable organization and the address and telephone number of any offices in this state or, if the charitable organization does not have an address, the name, address, and telephone number of the person having custody of its financial records.

AB40-ASA1,1162,2 (c) The names and the addresses of the officers, directors and, trustees, and the principal salaried employees of the charitable organization.

AB40-ASA1,1162,5 (g) A statement of whether the charitable organization has ever had its authority to solicit denied, suspended, revoked, or enjoined by a court or other governmental authority.

AB40-ASA1,1162,8 (L) 1. A copy of the charitable organization's charter, articles of organization, agreement of association, instrument of trust, constitution, or other organizational instrument and bylaws.

AB40-ASA1,1162,11 2. A statement of the place where and the date when the charitable organization was legally established, the form of its organization , and whether it has tax-exempt status.

AB40-ASA1,1162,19 (3) (a) (intro.) Except as provided in pars. (am), (b), and (bm), and in rules promulgated under sub. (8), a charitable organization that received contributions in excess of $5,000 during its most recently completed fiscal year shall file with the department an annual financial report for the charitable organization's most recently completed fiscal year. The department shall prescribe the form of the report and shall prescribe standards for its completion. The annual financial report shall be filed within 6 12 months after the end of that fiscal year and shall include all of the following:

AB40-ASA1,1162,20 2. A statement of support, revenue, expenses, and changes in fund balance.

AB40-ASA1,1162,23 (5) (a) 1. A person that is exempt from filing a federal annual information return under section 6033 (a) (2) (3) (A) (i) and (iii) and (C) (i) of the internal revenue code Internal Revenue Code.

AB40-ASA1,1163,3 2. A candidate for national, state, or local office or a political party or other committee or group required to file financial information with the federal elections commission or a filing officer under s. 11.02.

AB40-ASA1,1163,9 3. Except as provided in par. (b) and in rules promulgated under sub. (8), a charitable organization which that does not intend to raise or receive contributions in excess of $5,000 during a fiscal year, if all of its functions, including solicitation, are performed by persons who are unpaid for their services and if no part of its assets or income inures to the benefit of, or is paid to, any officer or member of the charitable organization.

AB40-ASA1,1163,11 3m. A fraternal, civic, benevolent, patriotic, or social organization that solicits contributions solely from its membership.

AB40-ASA1,1163,16 5. A nonprofit, postsecondary educational institution accredited by a regional accrediting agency or association approved under 20 USC 1099b, or an educational institution and its authorized charitable foundations which that solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, foundations, and patients.

AB40-ASA1,1163,21 (7) (a) Before a fund-raising counsel performs any material services for a charitable organization that is required to be registered under sub. (1), the charitable organization shall contract in writing with the fund-raising counsel, except as provided in par. (c). Requirements for the contract are specified in s. 440.43 202.13 (3).