AB40-ASA1,1276,20 13428.211 Parity Exemption for federally insured depository
14institutions.
This subchapter does not apply to any state chartered or federally
15chartered
bank, trust company, savings and loan association, savings bank, or credit
16union, or to any subsidiary of such a state chartered bank, trust company, savings
17and loan association, savings bank, or credit union, to the extent that federal law
18preempts or prohibits the application of the provisions of this subchapter to a
19federally chartered bank, trust company, savings and loan association, savings bank,
20or credit union of the same type
.
AB40-ASA1, s. 3195 21Section 3195. Chapter 440 (title) of the statutes is amended to read:
AB40-ASA1,1276,2222 CHAPTER 440
AB40-ASA1,1276,2523 DEPARTMENT OF REGULATION AND
24 LICENSING
safety and
25 professional services
AB40-ASA1, s. 3196
1Section 3196. 440.01 (1) (aj) of the statutes is amended to read:
AB40-ASA1,1277,32 440.01 (1) (aj) "Department" means the department of regulation and licensing
3safety and professional services.
AB40-ASA1, s. 3197 4Section 3197. 440.01 (1) (g) of the statutes is amended to read:
AB40-ASA1,1277,65 440.01 (1) (g) "Secretary" means the secretary of regulation and licensing
6safety and professional services.
AB40-ASA1, s. 3198 7Section 3198. 440.01 (2) (cs) of the statutes is amended to read:
AB40-ASA1,1277,98 440.01 (2) (cs) "Minority group member" has the meaning given in s. 560.036
916.287 (1) (f).
AB40-ASA1, s. 3199 10Section 3199. 440.03 (1) of the statutes is amended to read:
AB40-ASA1,1277,1511 440.03 (1) The department may promulgate rules defining uniform procedures
12to be used by the department, the real estate board, the real estate appraisers board,
13and all examining boards and affiliated credentialing boards attached to the
14department or an examining board, for receiving, filing and investigating
15complaints, for commencing disciplinary proceedings and for conducting hearings.
AB40-ASA1, s. 3200 16Section 3200. 440.03 (1m) of the statutes is amended to read:
AB40-ASA1,1277,2117 440.03 (1m) The department may promulgate rules specifying the number of
18business days within which the department or any examining board or affiliated
19credentialing board in the department must review and make a determination on an
20application for a permit, as defined in s. 560.41 (2) 227.116 (1g), that is issued under
21chs. 440 to 480.
AB40-ASA1, s. 3201 22Section 3201. 440.03 (3q) of the statutes is amended to read:
AB40-ASA1,1277,2523 440.03 (3q) Notwithstanding sub. (3m), the department of regulation and
24licensing
safety and professional services shall investigate any report that it receives
25under s. 146.40 (4r) (em).
AB40-ASA1, s. 3202
1Section 3202. 440.03 (11m) (b) of the statutes is amended to read:
AB40-ASA1,1278,72 440.03 (11m) (b) The department real estate examining board shall deny an
3application for an initial credential or deny an application for credential renewal or
4for reinstatement of an inactive license under s. 452.12 (6) (e) if any information
5required under par. (a) is not included in the application form or, in the case of an
6applicant who is an individual and who does not have a social security number, if the
7statement required under par. (am) is not included with the application form.
AB40-ASA1, s. 3203 8Section 3203. 440.03 (11m) (c) of the statutes is amended to read:
AB40-ASA1,1278,159 440.03 (11m) (c) The department of regulation and licensing safety and
10professional services
may not disclose a social security number obtained under par.
11(a) to any person except the coordinated licensure information system under s.
12441.50 (7); the department of children and families for purposes of administering s.
1349.22; and, for a social security number obtained under par. (a) 1., the department
14of revenue for the purpose of requesting certifications under s. 73.0301 and
15administering state taxes.
AB40-ASA1, s. 3204 16Section 3204. 440.03 (12m) of the statutes is amended to read:
AB40-ASA1,1278,2217 440.03 (12m) The department of regulation and licensing safety and
18professional services
shall cooperate with the departments of justice, children and
19families, and health services in developing and maintaining a computer linkup to
20provide access to information regarding the current status of a credential issued to
21any person by the department of regulation and licensing safety and professional
22services
, including whether that credential has been restricted in any way.
AB40-ASA1, s. 3205m 23Section 3205m. 440.04 (3) of the statutes is amended to read:
AB40-ASA1,1279,324 440.04 (3) Control the allocation, disbursement, and budgeting of the funds
25received by the examining boards and affiliated credentialing boards in connection

1with their credentialing and regulation, including the reimbursement of board
2members for actual and necessary expenses, including travel expenses, incurred in
3the performance of their duties
.
AB40-ASA1, s. 3205p 4Section 3205p. 440.08 (2) (a) 15g. of the statutes is created to read:
AB40-ASA1,1279,55 440.08 (2) (a) 15g. Bail bond surety corporation: December 1 of each year.
AB40-ASA1, s. 3205r 6Section 3205r. 440.08 (2) (a) 15r. of the statutes is created to read:
AB40-ASA1,1279,77 440.08 (2) (a) 15r. Bail bond surety agent: June 1 of each year.
AB40-ASA1, s. 3206 8Section 3206. 440.13 (1) (b) of the statutes is amended to read:
AB40-ASA1,1279,119 440.13 (1) (b) "Memorandum of understanding" means a memorandum of
10understanding entered into by the department of regulation and licensing safety and
11professional services
and the department of children and families under s. 49.857.
AB40-ASA1, s. 3207 12Section 3207. 440.13 (2) (a) of the statutes is amended to read:
AB40-ASA1,1279,1913 440.13 (2) (a) With respect to a credential granted by the department, the
14department shall restrict, limit, or suspend a credential or deny an application for
15an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e)
16if the credential holder or applicant is delinquent in paying support or fails to comply,
17after appropriate notice, with a subpoena or warrant issued by the department of
18children and families or a county child support agency under s. 59.53 (5) and related
19to support or paternity proceedings.
AB40-ASA1, s. 3208 20Section 3208. 440.13 (2) (c) of the statutes is amended to read:
AB40-ASA1,1279,2421 440.13 (2) (c) With respect to a credential granted by a credentialing board, a
22credentialing board shall restrict, limit or suspend a credential held by a person or
23deny an application for an initial credential or for reinstatement of an inactive
24license under s. 452.12 (6) (e)
when directed to do so by the department.
AB40-ASA1, s. 3209 25Section 3209. 440.22 (2) of the statutes is amended to read:
AB40-ASA1,1280,12
1440.22 (2) In any disciplinary proceeding against a holder of a credential in
2which the department or an examining board, affiliated credentialing board or board
3in the department orders suspension, limitation or revocation of the credential or
4reprimands the holder, the department, examining board, affiliated credentialing
5board or board may, in addition to imposing discipline, assess all or part of the costs
6of the proceeding against the holder. Costs assessed under this subsection are
7payable to the department. Interest shall accrue on costs assessed under this
8subsection at a rate of 12% per year beginning on the date that payment of the costs
9are due as ordered by the department, examining board, affiliated credentialing
10board or board. Upon the request of the department of regulation and licensing
11safety and professional services, the department of justice may commence an action
12to recover costs assessed under this subsection and any accrued interest.
AB40-ASA1, s. 3210 13Section 3210. 440.905 (1) of the statutes is amended to read:
AB40-ASA1,1280,1714 440.905 (1) In addition to the other duties and powers of the board under this
15subchapter, the board shall advise the secretary of regulation and licensing safety
16and professional services
on matters relating to cemeteries, to this chapter, or to the
17board.
AB40-ASA1, s. 3211 18Section 3211. 440.92 (2) (d) of the statutes is amended to read:
AB40-ASA1,1281,519 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the
20plans for the construction of the mausoleum have been submitted to the department
21of commerce safety and professional services for approval under s. 157.12 (2) (a) and
22the preneed sales contract includes the following language in not less than 10-point
23boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE
24HAVE BEEN SUBMITTED TO THE DEPARTMENT OF COMMERCE SAFETY
25AND PROFESSIONAL SERVICES
FOR APPROVAL. THE SELLER IS

1RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE
2PLANS BY THE DEPARTMENT OF COMMERCE SAFETY AND
3PROFESSIONAL SERVICES
, COMPLETE THE CONSTRUCTION, AND OBTAIN
4CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF
5COMMERCE SAFETY AND PROFESSIONAL SERVICES."
AB40-ASA1, s. 3212 6Section 3212. 440.945 (5) (b) of the statutes is amended to read:
AB40-ASA1,1281,177 440.945 (5) (b) The department of justice or any district attorney, upon
8informing the department of justice, may commence an action in circuit court in the
9name of the state to restrain by temporary or permanent injunction any violation of
10this section. The court may, prior to entry of final judgment, make such orders or
11judgments as may be necessary to restore to any person any pecuniary loss suffered
12because of the acts or practices involved in the action, if proof of such loss is submitted
13to the satisfaction of the court. The department of justice may subpoena persons and
14require the production of books and other documents, and may request the
15department of regulation and licensing safety and professional services to exercise
16its authority under par. (a) to aid in the investigation of alleged violations of this
17section.
AB40-ASA1, s. 3212m 18Section 3212m. Subchapter XV of Chapter 440 [precedes 440.9991] of the
19statutes is created to read:
AB40-ASA1,1281,2020 chapter 440
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:
AB40-ASA1,1284,1110 1. Intentionally made a material misstatement in an application for a
11license or for renewal of a license.
AB40-ASA1,1284,1212 2. Advertised in a manner that is false or misleading.
AB40-ASA1,1284,1413 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.
AB40-ASA1,1284,1515 4. Obtained or attempted to obtain compensation through fraud or deceit.
AB40-ASA1,1284,1816 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.
AB40-ASA1,1284,2220 (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, s. 3217 23Section 3217. 452.01 (1s) of the statutes is amended to read:
AB40-ASA1,1284,2424 452.01 (1s) "Board" means real estate examining board.
AB40-ASA1, s. 3218 25Section 3218. 452.025 (1) (a) of the statutes is amended to read:
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, s. 3220 7Section 3220. 452.025 (1) (b) 4. of the statutes is amended to read:
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, s. 3222 17Section 3222. 452.025 (4) of the statutes is amended to read:
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, s. 3223 22Section 3223. 452.025 (5) (a) of the statutes is amended to read:
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, s. 3224 25Section 3224. 452.03 of the statutes is amended to read:
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. 3225 8Section 3225. 452.04 of the statutes is repealed.
AB40-ASA1, s. 3226 9Section 3226. 452.05 (title) and (1) (intro.) of the statutes are amended to read:
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