Amendment ASA1-AB40

AB40-ASA1, s. 3205p Section 3205p. 440.08 (2) (a) 15g. of the statutes is created to read:

AB40-ASA1,1279,5 440.08 (2) (a) 15g. Bail bond surety corporation: December 1 of each year.

AB40-ASA1, s. 3205r Section 3205r. 440.08 (2) (a) 15r. of the statutes is created to read:

AB40-ASA1,1279,7 440.08 (2) (a) 15r. Bail bond surety agent: June 1 of each year.

AB40-ASA1, s. 3206 Section 3206. 440.13 (1) (b) of the statutes is amended to read:

AB40-ASA1,1279,11 440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing safety and professional services and the department of children and families under s. 49.857.

AB40-ASA1, s. 3207 Section 3207. 440.13 (2) (a) of the statutes is amended to read:

AB40-ASA1,1279,19 440.13 (2) (a) With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

AB40-ASA1, s. 3208 Section 3208. 440.13 (2) (c) of the statutes is amended to read:

AB40-ASA1,1279,24 440.13 (2) (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) when directed to do so by the department.

AB40-ASA1, s. 3209 Section 3209. 440.22 (2) of the statutes is amended to read:

AB40-ASA1,1280,12 440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of regulation and licensing safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

AB40-ASA1, s. 3210 Section 3210. 440.905 (1) of the statutes is amended to read:

AB40-ASA1,1280,17 440.905 (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing safety and professional services on matters relating to cemeteries, to this chapter, or to the board.

AB40-ASA1, s. 3211 Section 3211. 440.92 (2) (d) of the statutes is amended to read:

AB40-ASA1,1281,5 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of commerce safety and professional services for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF COMMERCE SAFETY AND PROFESSIONAL SERVICES."

AB40-ASA1, s. 3212 Section 3212. 440.945 (5) (b) of the statutes is amended to read:

AB40-ASA1,1281,17 440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing safety and professional services to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

AB40-ASA1, s. 3212m Section 3212m. Subchapter XV of Chapter 440 [precedes 440.9991] of the statutes is created to read:

AB40-ASA1,1281,20 chapter 440

AB40-ASA1,1281,22 subchapter XV bail bond sureties

AB40-ASA1,1281,23 440.9991 Definitions. In this subchapter:

AB40-ASA1,1281,25 (1) "Licensed bail bond surety agent" or "bail bond surety agent" means a person licensed under s. 440.9993 (2).

AB40-ASA1,1282,2 (2) "Licensed bail bond surety corporation" or "bail bond surety corporation" means a person licensed under s. 440.9993 (1).

AB40-ASA1,1282,6 440.9992 License required. No person may be compensated to act as a surety for a bond under ch. 969 unless the person is a licensed bail bond surety corporation or agent. A licensed bail bond surety corporation or agent shall be compensated at the rate established under s. 969.12 (2).

AB40-ASA1,1282,9 440.9993 Licensure. (1) Bail bond surety corporations. The department shall grant a license as a bail bond surety corporation to a business entity, as defined in s. 13.62 (5), if all of the following apply:

AB40-ASA1,1282,11 (a) The business submits an application to the department on a form provided by the department.

AB40-ASA1,1282,12 (b) The business pays the initial credential fee of $1,000.

AB40-ASA1,1282,17 (c) The business submits, in addition to any other information required by the department, evidence satisfactory to the department, including financial information, that the business is qualified to act as a surety for others in this state, except that the business is not required to be organized under the laws of this state.

AB40-ASA1,1282,19 (2) Bail bond surety agents. The department shall grant a license as a bail bond surety agent to a person if all of the following apply:

AB40-ASA1,1282,21 (a) The person submits an application to the department on a form provided by the department.

AB40-ASA1,1282,22 (b) The person pays the initial credential fee of $1,000.

AB40-ASA1,1282,25 (c) The person submits, in addition to any other information required by the department, evidence satisfactory to the department that the person is an agent of a licensed bail bond surety corporation.

AB40-ASA1,1283,3 (3) List of bail bond surety corporations and agents. Annually, the department shall provide a list of all licensed bail bond surety corporations and agents to the clerk of circuit court in each county.

AB40-ASA1,1283,7 440.9994 Renewal. (1) Renewal dates. The renewal dates for licenses granted under this subchapter are specified in s. 440.08 (2) (a) 15g. and 15r. Renewal applications shall be submitted to the department on a form provided by the department and shall include an annual renewal fee of $1,000.

AB40-ASA1,1283,13 (2) Licensure renewal for bail bond surety corporations. In addition to any other information required by the department, a licensed bail bond surety corporation shall submit with its renewal application evidence satisfactory to the department, including financial information, that the bail bond surety corporation continues to be, at the time the surety corporation applies for renewal, a business that is qualified to act as a surety for others in this state.

AB40-ASA1,1283,19 (3) Licensure renewal for bail bond surety agents. In addition to any other information required by the department, a licensed bail bond surety agent shall submit with its renewal application evidence satisfactory to the department that the bail bond surety agent, at the time the surety agent applies for renewal, is an agent of a licensed bail bond surety corporation in good standing with the department.

AB40-ASA1,1283,22 440.9995 Rules. The department shall promulgate rules necessary to administer this subchapter, including rules of conduct by bail bond surety corporations and agents.

AB40-ASA1,1284,3 440.9996 Disciplinarily 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 this subchapter, any rule promulgated under this subchapter, or any other law applicable to bail bond surety corporations or agents, including ch. 969, has occurred.

AB40-ASA1,1284,9 (2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a bail bond surety corporation or agent or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that an applicant for licensure under this subchapter, a licensed bail bond surety corporation, or a licensed bail bond surety agent, has done any of the following:

AB40-ASA1,1284,11 1. Intentionally made a material misstatement in an application for a license or for renewal of a license.

AB40-ASA1,1284,12 2. Advertised in a manner that is false or misleading.

AB40-ASA1,1284,14 3. In the course of acting as a bail bond surety corporation or agent, made a substantial misrepresentation that was relied upon by another person.

AB40-ASA1,1284,15 4. Obtained or attempted to obtain compensation through fraud or deceit.

AB40-ASA1,1284,18 5. Violated any law of this state or federal law that substantially relates to acting as a surety for others or acting as a bail bond surety corporation or agent, violated this subchapter, or violated any rule promulgated under this subchapter.

AB40-ASA1,1284,19 6. Engaged in unprofessional conduct.

AB40-ASA1,1284,22 (b) In addition to or in lieu of a reprimand or other action under par. (a), the department may by rule establish other penalties, including forfeiture, for violations under par. (a).

AB40-ASA1, s. 3217 Section 3217. 452.01 (1s) of the statutes is amended to read:

AB40-ASA1,1284,24 452.01 (1s) "Board" means real estate examining board.

AB40-ASA1, s. 3218 Section 3218. 452.025 (1) (a) of the statutes is amended to read:

AB40-ASA1,1285,2 452.025 (1) (a) A person desiring to act as a time-share salesperson shall submit to the department board an application for a certificate of registration.

AB40-ASA1, s. 3219 Section 3219. 452.025 (1) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1285,6 452.025 (1) (b) The application for registration as a time-share salesperson shall be in the form prescribed by the department board and shall include all of the following:

AB40-ASA1, s. 3220 Section 3220. 452.025 (1) (b) 4. of the statutes is amended to read:

AB40-ASA1,1285,11 452.025 (1) (b) 4. Any other information which that the department board reasonably requires to enable it to determine the competency of the person to transact business as a time-share salesperson in a manner which that safeguards the interests of the public.

AB40-ASA1, s. 3221 Section 3221. 452.025 (3) (b) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,1285,16 452.025 (3) (b) 2. A time-share salesperson registered under this section may complete a form purchase agreement or offer to purchase, if the form purchase agreement or offer to purchase has been approved by the department board and includes only the following:

AB40-ASA1, s. 3222 Section 3222. 452.025 (4) of the statutes is amended to read:

AB40-ASA1,1285,21 452.025 (4) A time-share salesperson registered under this section may apply at any time to transfer employment to another licensed broker by submitting to the department board an application in the form prescribed by the department board and the transfer fee specified in s. 440.05 (7).

AB40-ASA1, s. 3223 Section 3223. 452.025 (5) (a) of the statutes is amended to read:

AB40-ASA1,1285,24 452.025 (5) (a) The renewal date for certificates of registration granted by the department board under this section is specified under s. 440.08 (2) (a).

AB40-ASA1, s. 3224 Section 3224. 452.03 of the statutes is amended to read:

AB40-ASA1,1286,7 452.03 Brokers and salespersons licensed. No person may engage in or follow the business or occupation of, or advertise or hold himself or herself out as, or act temporarily or otherwise as a broker or salesperson without a license. Licenses shall be granted The board may grant a license only to persons a person who are is competent to transact such businesses in a manner which that safeguards the interests of the public, and only after satisfactory proof of the person's competence has been presented to the department board.

AB40-ASA1, s. 3225 Section 3225. 452.04 of the statutes is repealed.

AB40-ASA1, s. 3226 Section 3226. 452.05 (title) and (1) (intro.) of the statutes are amended to read:

AB40-ASA1,1286,13 452.05 (title) Duties and powers of department board. (1) (intro.) In addition to the other duties and responsibilities of the department board under this chapter, the department board shall advise the secretary on matters relating to real estate practice and shall:

AB40-ASA1, s. 3227 Section 3227. 452.05 (1) (b) of the statutes is amended to read:

AB40-ASA1,1286,17 452.05 (1) (b) Approve forms for use in real estate practice. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice.

AB40-ASA1, s. 3228 Section 3228. 452.05 (1) (c) of the statutes is amended to read:

AB40-ASA1,1286,23 452.05 (1) (c) After consultation with the council on real estate curriculum and examinations and subject to the procedure under s. 452.07, promulgate rules establishing criteria for the approval of educational programs and training sessions under s. 452.09 (2) and approve such programs and sessions in accordance with the established criteria.

AB40-ASA1, s. 3229 Section 3229. 452.05 (1) (d) of the statutes is amended to read:

AB40-ASA1,1287,5 452.05 (1) (d) After consultation with the council on real estate curriculum and examinations, the board, brokers and salespersons licensed under this chapter, and interested members of the public, establish criteria for the approval of continuing educational programs and courses in real estate related subjects required for renewal under s. 452.12 (5) (c) 1.

AB40-ASA1, s. 3229e Section 3229e. 452.05 (1) (e) of the statutes is repealed.

AB40-ASA1, s. 3229h Section 3229h. 452.05 (1) (g) of the statutes is amended to read:

AB40-ASA1,1287,13 452.05 (1) (g) Approve continuing educational programs and courses in accordance with the criteria established under par. (d). In order to be approved, a continuing educational program or course must require brokers and salespersons to pass an examination on the information presented at the program or course in order to successfully complete and receive continuing education credit for the program or course under s. 452.12 (5) (c) 1.

AB40-ASA1, s. 3230 Section 3230. 452.05 (1m) (b) of the statutes is amended to read:

AB40-ASA1,1287,18 452.05 (1m) (b) In preparing the form for the offer to purchase commercial real property under sub. (1) (b), the department board shall include a statement that the seller represents to the buyer that the seller has no notice or knowledge that the commercial real property is a historic building.

AB40-ASA1, s. 3231 Section 3231. 452.05 (2) of the statutes is amended to read:

AB40-ASA1,1287,21 452.05 (2) The department board may prepare letters and bulletins and conduct clinics disseminating information to its licensees.

AB40-ASA1, s. 3232 Section 3232. 452.05 (3) of the statutes is amended to read:

AB40-ASA1,1288,2 452.05 (3) The department board may, after consultation with the board, enter into reciprocal agreements with officials of other states or territories of the United States for licensing brokers and salespersons and grant licenses to applicants who are licensed as brokers or salespersons in those states or territories according to the terms of the reciprocal agreements.

AB40-ASA1, s. 3233e Section 3233e. 452.06 (1) of the statutes is amended to read:

AB40-ASA1,1288,8 452.06 (1) The secretary board shall create a council one or more councils 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 appropriate council on forms for review before the form is approved.

AB40-ASA1, s. 3234m Section 3234m. 452.06 (2) (a) of the statutes is amended to read:

AB40-ASA1,1288,12 452.06 (2) (a) Advise the secretary on the promulgation of rules under s. 452.05 (1) (c) and board on establishing continuing education requirements under s. 452.05 (1) (d).

AB40-ASA1, s. 3234r Section 3234r. 452.06 (2) (b) of the statutes is amended to read:

AB40-ASA1,1288,17 452.06 (2) (b) Periodically, but not Not less than annually, review subjects covered on examinations for licensure under this chapter and the qualifications for instructors of and performance evaluations for educational and continuing educational programs, training sessions, and courses approved under this chapter.

AB40-ASA1, s. 3234t Section 3234t. 452.06 (3) of the statutes is amended to read:

AB40-ASA1,1288,23 452.06 (3) If the secretary creates any councils or committees under s. 15.04 (1) (c) to provide advice to the department or board on matters relating to real estate practice other than the council under sub. (1), such councils or committees shall be chaired by a member of the board, if available, and shall report to the board and the secretary.