Amendment ASA1-AB40

AB40-ASA1,1150,25 (b) No business may act as a bail bond agency in this state unless the business is a licensed agency and the bail bond is underwritten by a surety company authorized to do business in this state.

AB40-ASA1,1151,5 (c) A licensed agent or licensed agency may be compensated to act as a surety for a bail bond under ch. 969 only in an action brought in Dane, Kenosha, Milwaukee, Racine, or Waukesha county. This paragraph does not apply after the last day of the 60th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,1151,8 (2) Bail recovery agents. Except as provided in s. 440.288 (1) (c), no individual may act as a bail recovery agent in this state unless the individual is a certified bail recovery agent.

AB40-ASA1,2187i Section 2187i. 440.282 of the statutes is created to read:

AB40-ASA1,1151,13 440.282 Licensure of bail bond agents and agencies; bail recovery agent certification. (1) Bail bond agents. The department shall grant a license to act as a bail bond agent to an individual if the department determines that all of the following requirements are met:

AB40-ASA1,1151,17 (a) The individual submits an application for the license to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB40-ASA1,1151,19 (b) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB40-ASA1,1151,21 (c) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB40-ASA1,1151,22 (d) The individual pays an initial licensure fee of $1,000.

AB40-ASA1,1151,24 (e) The individual satisfies any other requirements established by the department by rule.

AB40-ASA1,1152,3 (2) Bail bond agencies. The department shall grant a license to act as a bail bond agency to a business if the department determines that all of the following requirements are met:

AB40-ASA1,1152,8 (a) The business submits an application to the department on a form prescribed by the department. The application shall include the business's name and address, the name and addresses of the business representatives of the business and any bail bond agents who are employed by the business, and any other information required by the department by rule.

AB40-ASA1,1152,10 (b) The business has at least one business representative who is a licensed agent.

AB40-ASA1,1152,11 (c) The business pays the initial credential fee of $1,000.

AB40-ASA1,1152,13 (d) The business satisfies any other requirements established by the department by rule.

AB40-ASA1,1152,16 (3) Bail recovery agents. The department shall grant a certification to act as a bail recovery agent to an individual if the department determines that all of the following requirements are met:

AB40-ASA1,1152,20 (a) The individual submits an application for certification to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB40-ASA1,1152,22 (b) The individual is a private detective who is licensed under s. 440.26 (2) (a) 2.

AB40-ASA1,1152,24 (c) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB40-ASA1,1153,2 (d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB40-ASA1,1153,4 (e) The individual satisfies any other requirements established by the department by rule.

AB40-ASA1,1153,9 (4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and (2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e., 15g., and 15j. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

AB40-ASA1,1153,11 (b) The renewal application for a licensed agent or a licensed agency shall include a renewal fee of $1,000.

AB40-ASA1,2187j Section 2187j. 440.283 of the statutes is created to read:

AB40-ASA1,1153,19 440.283 Information concerning licensed agents, licensed agencies, and certified bail recovery agents. (1) Register. The department shall compile and keep current a register of the names and addresses of all licensed agents, licensed agencies, and certified bail recovery agents. The department shall make that register available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public on an Internet site maintained by the department.

AB40-ASA1,1153,22 (2) Register provided to court clerks. Annually, the department shall provide a complete copy of the register kept under sub. (1) to the clerk of circuit court in each county.

AB40-ASA1,1154,2 (3) Notice of disciplinary action. The department shall promptly notify the clerk of circuit court in each county concerning any action taken by the department under. s. 440.287 (2) against a licensed agent, licensed agency, or certified bail recovery agent.

AB40-ASA1,2187k Section 2187k. 440.284 of the statutes is created to read:

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.).