Amendment ASA-AB150

AB150-ASA,2007,24 452.06 (1) The At the commencement of each gubernatorial term of office, the secretary shall create a council 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 council on forms for review before the form is approved.

AB150-ASA, s. 6612 Section 6612. 452.12 (6) (a) of the statutes is amended to read:

AB150-ASA,2008,3 452.12 (6) (a) Any licensee, except a time-share salesperson registered under s. 452.025, may apply for registration as an inactive licensee on or before the license renewal date. This paragraph does not apply after October 31, 1995.

AB150-ASA, s. 6613 Section 6613. 452.12 (6) (d) of the statutes is amended to read:

AB150-ASA,2008,8 452.12 (6) (d) Upon If an inactive licensee files an application for reinstatement before January 1, 1996, the department shall reinstate an the inactive licensee's original license in accordance with the requirements for late renewal under s. 440.08 (3).

AB150-ASA, s. 6614 Section 6614. 452.12 (6) (e) and (f) of the statutes are created to read:

AB150-ASA,2008,11 452.12 (6) (e) Beginning on January 1, 1996, the department shall reinstate an inactive licensee's original license as follows:

AB150-ASA,2008,16 1. If a person has registered as an inactive licensee before November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the fees specified under s. 440.05 (1) (a) and (b), passes an examination under s. 452.09 (3) and completes the education requirements established by the department under par. (f).

AB150-ASA,2008,25 2. If a person has registered as an inactive licensee on or after November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the renewal fee specified under s. 440.08 (2) (a) for the original license and completes 12 hours of continuing education as established by the department 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.

AB150-ASA,2009,4 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 shall reinstate the original license of that person if he or she meets the requirements specified under subd. 1.

AB150-ASA,2009,7 (f) The department shall promulgate rules establishing the education requirements that applicants for reinstatement of original licenses under par. (e) must satisfy.

AB150-ASA, s. 6615 Section 6615. 452.17 (4) (b) of the statutes is amended to read:

AB150-ASA,2009,10 452.17 (4) (b) This penalty may be imposed in addition to any penalty imposed under this chapter or s. 66.432 or 101.22 106.04.

AB150-ASA, s. 6616 Section 6616. 452.23 (1) of the statutes is amended to read:

AB150-ASA,2009,16 452.23 (1) A broker or salesperson may not disclose to any person in connection with the sale, exchange, purchase or rental of real property information, the disclosure of which constitutes unlawful discrimination in housing under s. 101.22 106.04 or unlawful discrimination based on handicap under 42 USC 3604, 3605, 3606 or 3617.

AB150-ASA, s. 6618 Section 6618. 456.01 (2) of the statutes is amended to read:

AB150-ASA,2009,20 456.01 (2) "Nursing home" has the meaning provided in s. 50.01 (3), plus includes all public medical institutions under ss. 49.14, 49.16 and 49.171 49.70, 49.71 and 49.72.

AB150-ASA, s. 6619 Section 6619. 457.08 (1) (intro.) of the statutes is amended to read:

AB150-ASA,2009,24 457.08 (1) Social worker certificate. (intro.) The social worker section shall grant a social worker certificate to an individual who qualifies under s. 457.09 (5) (d) or to any individual who does all of the following:

AB150-ASA, s. 6620 Section 6620. 457.09 of the statutes is created to read:

AB150-ASA,2010,3 457.09 Social worker training certificate. (1) The social worker section shall grant a social worker training certificate to any individual who does all of the following:

AB150-ASA,2010,5 (a) Submits an application for the certificate to the department on a form provided by the department.

AB150-ASA,2010,6 (b) Pays the fee specified in s. 440.05 (6).

AB150-ASA,2010,9 (c) Submits evidence satisfactory to the social worker section that he or she has a bachelor's degree from an accredited college or university in psychology, sociology, criminal justice or another human service program approved by the section.

AB150-ASA,2010,12 (d) Submits a statement to the social worker section that he or she is seeking to attain social worker degree equivalency under sub. (4) while he or she holds a social worker training certificate.

AB150-ASA,2010,14 (2) (a) A social worker training certificate authorizes the holder to use the title specified in s. 457.04 (1) during the period in which the certificate is valid.

AB150-ASA,2010,17 (b) A social worker training certificate holder is a social worker certified under this chapter for purposes of any law governing social workers certified under this chapter.

AB150-ASA,2010,19 (3) (a) Except as provided in par. (b), a social worker training certificate is valid for 24 months.

AB150-ASA,2010,22 (b) A social worker training certificate shall expire on the date on which the certificate holder receives the results of the examination that he or she has taken under sub. (5) (a) if that date occurs before the end of the period specified in par. (a).

AB150-ASA,2010,23 (c) A social worker training certificate may not be renewed.

AB150-ASA,2010,25 (4) During the period in which a social worker training certificate is valid, the certificate holder shall do all of the following:

AB150-ASA,2011,3 (a) Seek to attain social worker degree equivalency by completing courses relating to all of the following in a social work program or other human services program at an accredited college or university:

AB150-ASA,2011,4 1. Social welfare policy and services.

AB150-ASA,2011,6 2. Social work practice methods with individuals, families, small groups, communities, organizations and social institutions.

AB150-ASA,2011,8 3. Human behavior in the social environment, including human growth and development and social systems theory.

AB150-ASA,2011,9 (b) Complete one of the following:

AB150-ASA,2011,12 1. A human services internship that involves at least 400 hours of direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

AB150-ASA,2011,15 2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

AB150-ASA,2011,19 (4m) (a) The social worker section shall determine whether a course, internship or employment satisfies the requirements under sub. (4) and whether a social worker training certificate holder has attained social worker degree equivalency.

AB150-ASA,2012,2 (b) Notwithstanding sub. (4), for the purpose of determining whether a social worker training certificate holder has attained social worker degree equivalency under sub. (4), the section shall apply course work or internships that the certificate holder completed, or employment that the certificate holder held, as part of the program leading to the degree that he or she specified to satisfy the requirement in sub. (1) (c) if the course work, internship or employment satisfies the requirements in sub. (4).

AB150-ASA,2012,5 (5) (a) A social worker training certificate holder may take the national social work examination at any time after he or she completes the requirements under sub. (4).

AB150-ASA,2012,8 (b) If a social worker training certificate holder passes the examination specified under par. (a), he or she shall be permitted to take an examination approved by the social worker section that tests knowledge of state law relating to social work.

AB150-ASA,2012,12 (c) If an individual fails an examination specified under par. (a) or (b), he or she may retake the examination. The social worker section may not place any restrictions on the number of times an individual may retake the examinations specified under pars. (a) and (b).

AB150-ASA,2012,15 (d) The social worker section shall grant a social worker certificate to an individual who has held a social worker training certificate and who passes the examinations specified under pars. (a) and (b).

AB150-ASA, s. 6620m Section 6620m. 480.24 (2) (h) of the statutes is repealed and recreated to read:

AB150-ASA,2012,17 480.24 (2) (h) Failed to obtain a permit under s. 77.52 (9).

AB150-ASA, s. 6621 Section 6621. 551.02 (3) (h) of the statutes is amended to read:

AB150-ASA,2012,20 551.02 (3) (h) Other persons not within the intent of this subsection whom the commissioner division by rule or order designates.

AB150-ASA, s. 6622 Section 6622. 551.02 (4) of the statutes is amended to read:

AB150-ASA,2012,23 551.02 (4) "Commissioner" " Division" means the commissioner division of securities.

AB150-ASA, s. 6623 Section 6623. 551.02 (7) (f) of the statutes is amended to read:

AB150-ASA,2013,2 551.02 (7) (f) Other persons not within the intent of this subsection whom the commissioner division by rule or order designates.

AB150-ASA, s. 6624 Section 6624. 551.02 (12) of the statutes is amended to read:

AB150-ASA,2013,8 551.02 (12) "Securities act of 1933", "securities exchange act of 1934", "investment company act of 1940", "investment advisers act of 1940" and "internal revenue code" mean the federal statutes of those names as amended on January 1, 1970, including such later amendments as the commissioner division determines are not inconsistent with the purpose of this chapter.

AB150-ASA, s. 6625 Section 6625. 551.22 (1) (a) of the statutes is amended to read:

AB150-ASA,2013,21 551.22 (1) (a) Any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state or any agency or corporate or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; but any revenue obligation payable from payments to be made in respect of property or money used under a lease, sale or loan arrangement by or for a nongovernmental industrial or commercial enterprise is exempted only as provided under par. (b). A security, other than a security issued or guaranteed by the United States or an agency or corporate instrumentality of the United States and other than a revenue obligation, is exempt under this subsection only if the issuer's financial statements are prepared according to generally accepted accounting principles or guidelines which the commissioner division designates by rule.

AB150-ASA, s. 6626 Section 6626. 551.22 (1) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2014,9 551.22 (1) (b) (intro.) Unless subject to a letter of credit of a bank, savings bank or savings and loan association as provided in this paragraph, a revenue obligation of an issuer specified under par. (a) that is payable from payments to be made in respect of property or money used under a lease, sale or loan arrangement by or for a nongovernmental industrial or commercial enterprise is exempted subject to rules adopted by the commissioner division. A revenue obligation is exempt from any filing under the rules of the commissioner division if it is the subject of an irrevocable letter of credit from a bank, savings bank or savings and loan association in favor of holders of the revenue obligations providing for payment of all principal of the revenue obligations and all accrued and unpaid interest to the date of an event of default on the revenue obligations, and the letter of credit is accompanied by an opinion of counsel stating:

AB150-ASA, s. 6627 Section 6627. 551.22 (7) of the statutes is amended to read:

AB150-ASA,2014,22 551.22 (7) Any security listed, or approved for listing upon notice of issuance, on the New York stock exchange, the American stock exchange, or a securities exchange designated by rule of the commissioner division; any security designated, or approved for designation upon notice of issuance, as a national market system security by the national association of securities dealers, inc., subject to rules that the commissioner division may promulgate under this subsection; any security of the same issuer which is of senior or substantially equal rank to the security listed, designated or approved for listing or designation, except that if the security is any preferred stock or debt security the security is not exempt unless the issuer satisfies s. 551.235 (5) (d); any security called for by subscription rights or warrants so listed, approved or designated; or any warrant or right to purchase or subscribe to any of the foregoing.

AB150-ASA, s. 6628 Section 6628. 551.22 (8) of the statutes is amended to read:

AB150-ASA,2015,3 551.22 (8) Any security issued to its members by a domestic corporation organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purposes; and any evidences of debt issued by any such corporation to nonmembers in compliance with rules adopted by the commissioner division.

AB150-ASA, s. 6629 Section 6629. 551.22 (9) of the statutes is amended to read:

AB150-ASA,2015,10 551.22 (9) Any commercial paper meeting the requirements established by rule of the commissioner division and which arises out of a current transaction or the proceeds of which have been or are to be used for current transactions, and which evidences an obligation to pay cash within 9 months of the date of issuance, exclusive of days of grace, or any renewal of such paper which is likewise limited, or any guarantee of such paper or of any such renewal.

AB150-ASA, s. 6630 Section 6630. 551.22 (10) of the statutes is amended to read:

AB150-ASA,2015,20 551.22 (10) Any investment contract or other security issued in connection with an employe's stock purchase, savings, pension, profit sharing or similar benefit plan if, in the case of plans which are not qualified under section 401 of the internal revenue code and which provide for contribution by employes, there is filed with the commissioner division prior to any offer or sale a notice specifying the terms of the plan and any additional information required under s. 551.24 (6), and the commissioner division does not by order disallow the exemption within 10 days after the date of filing the notice or, if additional information is required under s. 551.24 (6), within 10 days after the date of filing that information.

AB150-ASA, s. 6631 Section 6631. 551.22 (14) of the statutes is amended to read:

AB150-ASA,2015,23 551.22 (14) Any security issued by a licensed broker-dealer to its officers, partners or employes, subject to rules adopted by the commissioner division.

AB150-ASA, s. 6632 Section 6632. 551.22 (17) of the statutes is amended to read:

AB150-ASA,2016,2 551.22 (17) Any security as to which the commissioner division by rule or order finds that registration is not necessary or appropriate for the protection of investors.

AB150-ASA, s. 6633 Section 6633. 551.23 (2) of the statutes is amended to read:

AB150-ASA,2016,7 551.23 (2) Any nonissuer transaction effected by or through a licensed broker-dealer pursuant to an unsolicited order or offer to purchase; but the commissioner division may by rule require that the records of the broker-dealer confirm that the order or offer to purchase was unsolicited.

AB150-ASA, s. 6634 Section 6634. 551.23 (3) (c) of the statutes is amended to read:

AB150-ASA,2016,15 551.23 (3) (c) Securities of the same class have been registered under the securities act of 1933 and there is filed with the commissioner division prior to any offer or sale a notice of the proposed sale, other information as the commissioner division by rule requires and any additional information required under s. 551.24 (6), and the commissioner division does not by order disallow the exemption within 10 days after the date of filing the notice or, if additional information is required under s. 551.24 (6), within 10 days after the date of filing that information; or

AB150-ASA, s. 6635 Section 6635. 551.23 (3) (d) of the statutes is amended to read:

AB150-ASA,2016,22 551.23 (3) (d) The issuer or applicant files with the commissioner division such information, and an undertaking to file such reports, as the commissioner division by rule requires and any additional information required under s. 551.24 (6), and the commissioner division does not by order disallow the exemption within 10 days after the date of filing such information required by rule or, if additional information is required under s. 551.24 (6), within 10 days after the date of filing that information.

AB150-ASA, s. 6636 Section 6636. 551.23 (8) (f) of the statutes is amended to read:

AB150-ASA,2016,25 551.23 (8) (f) Any financial institution or institutional investor designated by rule or order of the commissioner division.

AB150-ASA, s. 6637 Section 6637. 551.23 (8) (g) of the statutes is amended to read:

AB150-ASA,2017,7 551.23 (8) (g) An individual accredited investor, as defined by rule of the commissioner division, if the issuer reasonably believes immediately before the sale that the individual accredited investor, either alone or with the individual accredited investor's representative, has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of the prospective investment.

AB150-ASA, s. 6638 Section 6638. 551.23 (9) of the statutes is amended to read:

AB150-ASA,2017,14 551.23 (9) Any offer or sale of a preorganization subscription, if no commission or other remuneration is paid or given directly or indirectly for soliciting any subscriber in this state and no advertising is published or circulated unless it has been permitted by the commissioner division, and if the subscription is not binding and no payment is made by any subscriber until the securities subscribed for may legally be sold.

AB150-ASA, s. 6639 Section 6639. 551.23 (10) of the statutes is amended to read:

AB150-ASA,2017,22 551.23 (10) Any offer or sale of its securities by an issuer having its principal office in this state, if the aggregate number of persons holding directly or indirectly all of the issuer's securities, after the securities to be issued are sold, does not exceed 15, exclusive of persons under sub. (8), if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state, except to broker-dealers and agents licensed in this state, and if no advertising is published unless it has been permitted by the commissioner division.

AB150-ASA, s. 6640 Section 6640. 551.23 (11) (b) of the statutes is amended to read:

AB150-ASA,2018,3 551.23 (11) (b) The commissioner division may by rule or order, as to any security or transaction or any type of security or transaction, withdraw or further condition this exemption, or increase or decrease the number of offerees permitted, or waive the conditions in par. (a), and may require reports of sales under this exemption.

AB150-ASA, s. 6641 Section 6641. 551.23 (12) of the statutes is amended to read:

AB150-ASA,2018,21 551.23 (12) Any transaction pursuant to an offer to existing security holders of the issuer, other than an entity designated in s. 551.52 (1) (b), or of a corporation which, prior to the offer, owned substantially all of the voting stock of the issuer or whose controlling persons organized the issuer for the purpose of the offer, if no commission or other remuneration other than a standby commission is paid or given directly or indirectly for soliciting any security holder in this state, and if, prior to any offer or sale, the issuer files a notice specifying the terms of the offer, all other information which the commissioner division by rule requires and any additional information required under s. 551.24 (6), and the commissioner division does not by order disallow the exemption within 10 days after the date of filing the notice or, if additional information is required under s. 551.24 (6), within 10 days after the date of filing that information. In this subsection, "security holder" includes a person who at the time of the transaction is a holder of convertible securities or nontransferable warrants or a holder of transferable warrants that are exercisable within not more than 90 days of their issuance but does not include a person who at the time of the transaction is a holder of only transferable warrants that are exercisable for more than 90 days after their issuance.

AB150-ASA, s. 6642 Section 6642. 551.23 (15) (intro.) of the statutes is amended to read: