AB40-ASA1,1281,2221
subchapter XV
22
bail bond sureties
AB40-ASA1,1281,23
23440.9991 Definitions. In this subchapter:
AB40-ASA1,1281,25
24(1) "Licensed bail bond surety agent" or "bail bond surety agent" means a
25person licensed under s. 440.9993 (2).
AB40-ASA1,1282,2
1(2) "Licensed bail bond surety corporation" or "bail bond surety corporation"
2means a person licensed under s. 440.9993 (1).
AB40-ASA1,1282,6
3440.9992 License required. No person may be compensated to act as a surety
4for a bond under ch. 969 unless the person is a licensed bail bond surety corporation
5or agent. A licensed bail bond surety corporation or agent shall be compensated at
6the rate established under s. 969.12 (2).
AB40-ASA1,1282,9
7440.9993 Licensure. (1) Bail bond surety corporations. The department
8shall grant a license as a bail bond surety corporation to a business entity, as
9defined in s. 13.62 (5), if all of the following apply:
AB40-ASA1,1282,1110
(a) The business submits an application to the department on a form
11provided by the department.
AB40-ASA1,1282,1212
(b) The business pays the initial credential fee of $1,000.
AB40-ASA1,1282,1713
(c) The business submits, in addition to any other information required by
14the department, evidence satisfactory to the department, including financial
15information, that the business is qualified to act as a surety for others in this
16state, except that the business is not required to be organized under the laws of
17this state.
AB40-ASA1,1282,19
18(2) Bail bond surety agents. The department shall grant a license as a bail
19bond surety agent to a person if all of the following apply:
AB40-ASA1,1282,2120
(a) The person submits an application to the department on a form provided
21by the department.
AB40-ASA1,1282,2222
(b) The person pays the initial credential fee of $1,000.
AB40-ASA1,1282,2523
(c) The person submits, in addition to any other information required by the
24department, evidence satisfactory to the department that the person is an agent
25of a licensed bail bond surety corporation.
AB40-ASA1,1283,3
1(3) List of bail bond surety corporations and agents. Annually, the
2department shall provide a list of all licensed bail bond surety corporations and
3agents to the clerk of circuit court in each county.
AB40-ASA1,1283,7
4440.9994 Renewal. (1) Renewal dates. The renewal dates for licenses
5granted under this subchapter are specified in s. 440.08 (2) (a) 15g. and 15r.
6Renewal applications shall be submitted to the department on a form provided by
7the department and shall include an annual renewal fee of $1,000.
AB40-ASA1,1283,13
8(2) Licensure renewal for bail bond surety corporations. In addition to
9any other information required by the department, a licensed bail bond surety
10corporation shall submit with its renewal application evidence satisfactory to the
11department, including financial information, that the bail bond surety corporation
12continues to be, at the time the surety corporation applies for renewal, a business
13that is qualified to act as a surety for others in this state.
AB40-ASA1,1283,19
14(3) Licensure renewal for bail bond surety agents. In addition to any
15other information required by the department, a licensed bail bond surety agent
16shall submit with its renewal application evidence satisfactory to the department
17that the bail bond surety agent, at the time the surety agent applies for renewal,
18is an agent of a licensed bail bond surety corporation in good standing with the
19department.
AB40-ASA1,1283,22
20440.9995 Rules. The department shall promulgate rules necessary to
21administer this subchapter, including rules of conduct by bail bond surety
22corporations and agents.
AB40-ASA1,1284,3
23440.9996 Disciplinarily proceedings and actions. (1) Investigations
24and hearings. Subject to the rules promulgated under s. 440.03 (1), the
25department may conduct investigations and hearings to determine whether a
1violation of this subchapter, any rule promulgated under this subchapter, or any
2other law applicable to bail bond surety corporations or agents, including ch. 969,
3has occurred.
AB40-ASA1,1284,9
4(2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the
5department may reprimand a bail bond surety corporation or agent or deny, limit,
6suspend, or revoke a license granted under this subchapter if the department
7finds that an applicant for licensure under this subchapter, a licensed bail bond
8surety corporation, or a licensed bail bond surety agent, has done any of the
9following:
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1. Intentionally made a material misstatement in an application for a
11license or for renewal of a license.
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2. Advertised in a manner that is false or misleading.
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3. In the course of acting as a bail bond surety corporation or agent, made a
14substantial misrepresentation that was relied upon by another person.
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4. Obtained or attempted to obtain compensation through fraud or deceit.
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5. Violated any law of this state or federal law that substantially relates to
17acting as a surety for others or acting as a bail bond surety corporation or agent,
18violated this subchapter, or violated any rule promulgated under this subchapter.
AB40-ASA1,1284,1919
6. Engaged in unprofessional conduct.
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(b) In addition to or in lieu of a reprimand or other action under par. (a), the
21department may by rule establish other penalties, including forfeiture, for
22violations under par. (a).
AB40-ASA1,1284,2424
452.01
(1s) "Board" means real estate
examining board.
AB40-ASA1,1285,2
1452.025
(1) (a) A person desiring to act as a time-share salesperson shall
2submit to the
department board an application for a certificate of registration.
AB40-ASA1, s. 3219
3Section
3219. 452.025 (1) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1285,64
452.025
(1) (b) The application for registration as a time-share salesperson
5shall be in the form prescribed by the
department
board and shall include all of the
6following:
AB40-ASA1,1285,118
452.025
(1) (b) 4. Any other information
which that the
department board 9reasonably requires to enable it to determine the competency of the person to
10transact business as a time-share salesperson in a manner
which that safeguards
11the interests of the public.
AB40-ASA1, s. 3221
12Section
3221. 452.025 (3) (b) 2. (intro.) of the statutes is amended to read:
AB40-ASA1,1285,1613
452.025
(3) (b) 2. A time-share salesperson registered under this section may
14complete a form purchase agreement or offer to purchase, if the form purchase
15agreement or offer to purchase has been approved by the
department board and
16includes only the following:
AB40-ASA1,1285,2118
452.025
(4) A time-share salesperson registered under this section may apply
19at any time to transfer employment to another licensed broker by submitting to the
20department board an application in the form prescribed by the
department board 21and the transfer fee specified in s. 440.05 (7).
AB40-ASA1,1285,2423
452.025
(5) (a) The renewal date for certificates of registration granted by the
24department board under this section is specified under s. 440.08 (2) (a).
AB40-ASA1,1286,7
1452.03 Brokers and salespersons licensed. No person may engage in or
2follow the business or occupation of, or advertise or hold himself or herself out as, or
3act temporarily or otherwise as a broker or salesperson without a license.
Licenses 4shall be granted The board may grant a license only to
persons a person who
are is 5competent to transact such businesses in a manner
which that safeguards the
6interests of the public, and only after satisfactory proof of the person's competence
7has been presented to the
department board.
AB40-ASA1, s. 3226
9Section
3226. 452.05 (title) and (1) (intro.) of the statutes are amended to read:
AB40-ASA1,1286,13
10452.05 (title)
Duties and powers of department board. (1) (intro.) In
11addition to the other duties and responsibilities of the
department board under this
12chapter, the
department board shall
advise the secretary on matters relating to real
13estate practice and shall:
AB40-ASA1,1286,1715
452.05
(1) (b) Approve forms for use in real estate practice.
The board may
16conduct public hearings on matters relating to the approval of forms used in real
17estate practice.
AB40-ASA1,1286,2319
452.05
(1) (c) After consultation with the council on real estate curriculum and
20examinations
and subject to the procedure under s. 452.07, promulgate rules
21establishing criteria for the approval of educational programs and training sessions
22under s. 452.09 (2) and approve such programs and sessions in accordance with the
23established criteria.
AB40-ASA1,1287,5
1452.05
(1) (d) After consultation with the council on real estate curriculum and
2examinations,
the board, brokers and salespersons licensed under this chapter
, and
3interested members of the public, establish criteria for the approval of continuing
4educational programs and courses in real estate related subjects required for
5renewal under s. 452.12 (5) (c)
1.
AB40-ASA1,1287,138
452.05
(1) (g) Approve continuing educational programs and courses in
9accordance with the criteria established under par. (d). In order to be approved, a
10continuing educational program or course must require brokers and salespersons to
11pass an examination on the information presented at the program or course in order
12to successfully complete and receive continuing education credit for the program or
13course under s. 452.12 (5) (c)
1.
AB40-ASA1,1287,1815
452.05
(1m) (b) In preparing the form for the offer to purchase commercial real
16property under sub. (1) (b), the
department board shall include a statement that the
17seller represents to the buyer that the seller has no notice or knowledge that the
18commercial real property is a historic building.
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452.05
(2) The
department board may prepare letters and bulletins and
21conduct clinics disseminating information to its licensees.
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452.05
(3) The
department board may
, after consultation with the board, enter
24into reciprocal agreements with officials of other states or territories of the United
25States for licensing brokers and salespersons and grant licenses to applicants who
1are licensed as brokers or salespersons in those states or territories according to the
2terms of the reciprocal agreements.
AB40-ASA1,1288,84
452.06
(1) The
secretary board shall create
a council one or more councils on
5forms
under s. 15.04 (1) (c) which shall meet on a regular basis, be chaired by a
6member of the board
, and report to the board
and the secretary. Any proposed change
7in a form relating to real estate practice shall be referred to the
appropriate council
8on forms for review before the form is approved.
AB40-ASA1,1288,1210
452.06
(2) (a) Advise the
secretary on the promulgation of rules under s. 452.05
11(1) (c) and board on establishing continuing education requirements under s. 452.05
12(1) (d).
AB40-ASA1,1288,1714
452.06
(2) (b)
Periodically, but not
Not less than annually, review subjects
15covered on examinations for licensure under this chapter and the qualifications for
16instructors of and performance evaluations for educational and continuing
17educational programs, training sessions
, and courses approved under this chapter.
AB40-ASA1,1288,2319
452.06
(3) If the secretary creates any councils or committees under s. 15.04
20(1) (c) to provide advice to the department or board on matters relating to real estate
21practice
other than the council under sub. (1), such councils or committees shall be
22chaired by a member of the board, if available, and shall report to the board and the
23secretary.
AB40-ASA1,1288,25
25452.07 (title)
Rules; review of rules.
AB40-ASA1,1289,32
452.07
(1) The
department board shall promulgate rules for the guidance of the
3real estate profession and define professional conduct and unethical practice.
AB40-ASA1,1289,65
452.07
(1m) The
department board shall promulgate rules that specify the
6supervisory duties of brokers under s. 452.12 (3).
AB40-ASA1,1289,129
452.09
(1) Form of application. (intro.) Any person desiring to act as a broker
10or salesperson shall submit to the
department board an application for a license. The
11application shall be in such form as the
department
board prescribes and shall
12include the following:
AB40-ASA1,1289,1814
452.09
(1) (e) Any other information
which that the
department board may
15reasonably require to enable it to determine the competency of each applicant,
16including each business representative of the business entity, to transact the
17business of a broker or salesperson in a manner
which
that safeguards the interests
18of the public.
AB40-ASA1,1290,220
452.09
(2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3),
21each applicant for a salesperson's license shall submit to the
department board 22evidence satisfactory to the
department board of successful completion of
23educational programs approved for this purpose under s. 452.05 (1) (c). The
24department board may waive the requirement under this paragraph upon proof that
1the applicant has received 10 academic credits in real estate or real estate related
2law courses from an accredited institution of higher education.
AB40-ASA1,1290,84
452.09
(2) (c) 2. Submit to the
department board evidence satisfactory to the
5department board of successful completion of educational programs in business
6management approved for this purpose under s. 452.05 (1) (c). No educational
7programs applied to satisfy the requirement under subd. 1. may be applied to satisfy
8the requirement under this subdivision.
AB40-ASA1,1290,1310
452.09
(2) (d) The
department board may waive the requirements under par.
11(c) upon proof that the applicant has received 20 academic credits in real estate or
12real estate related law courses from an accredited institution of higher education or
13that the applicant is licensed to practice law in this state.
AB40-ASA1,1290,2415
452.09
(3) (a) In determining competency, the
department board shall require
16proof that the applicant for a broker's or salesperson's license has a fair knowledge
17of the English language
,; a fair understanding of the general purposes and general
18legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel
19mortgages,
and conditional sales contracts
,; and a general and fair understanding
20of the obligations between principal and agent, as well as of this chapter.
An The
21board shall deny a license to an applicant receiving a failing grade, as established by
22rules of the
department board, on any examination given under this section
shall be
23denied a license, but any applicant may review his or her examination results in a
24manner established by rules of the
department board.