AB40,1166,187 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the
8plans for the construction of the mausoleum have been submitted to the department
9of commerce safety and professional services for approval under s. 157.12 (2) (a) and
10the preneed sales contract includes the following language in not less than 10-point
11boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE
12HAVE BEEN SUBMITTED TO THE DEPARTMENT OF COMMERCE SAFETY
13AND PROFESSIONAL SERVICES
FOR APPROVAL. THE SELLER IS
14RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE
15PLANS BY THE DEPARTMENT OF COMMERCE SAFETY AND
16PROFESSIONAL SERVICES
, COMPLETE THE CONSTRUCTION, AND OBTAIN
17CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF
18COMMERCE SAFETY AND PROFESSIONAL SERVICES."
AB40, s. 3212 19Section 3212. 440.945 (5) (b) of the statutes is amended to read:
AB40,1167,520 440.945 (5) (b) The department of justice or any district attorney, upon
21informing the department of justice, may commence an action in circuit court in the
22name of the state to restrain by temporary or permanent injunction any violation of
23this section. The court may, prior to entry of final judgment, make such orders or
24judgments as may be necessary to restore to any person any pecuniary loss suffered
25because of the acts or practices involved in the action, if proof of such loss is submitted

1to the satisfaction of the court. The department of justice may subpoena persons and
2require the production of books and other documents, and may request the
3department of regulation and licensing safety and professional services to exercise
4its authority under par. (a) to aid in the investigation of alleged violations of this
5section.
AB40, s. 3213 6Section 3213. 448.20 (2) of the statutes is amended to read:
AB40,1167,137 448.20 (2) Advise board of regents Board of Trustees and Board of Regents.
8The council shall advise and cooperate with the board of regents Board of Trustees
9of the University of Wisconsin–Madison and the Board of Regents
of the University
10of Wisconsin System in establishing an educational program for physician assistants
11on the undergraduate level. The council shall suggest criteria for admission
12requirements, program goals and objectives, curriculum requirements, and criteria
13for credit for past educational experience or training in health fields.
AB40, s. 3214 14Section 3214. 450.01 (16) (h) (intro.) of the statutes is renumbered 450.01 (16)
15(h) and amended to read:
AB40,1167,2216 450.01 (16) (h) Making therapeutic alternate drug selections, if made in
17accordance with written guidelines or procedures previously established by a
18pharmacy and therapeutics committee of a hospital and approved by the hospital's
19medical staff and use of the therapeutic alternate drug selection has been approved
20for a patient during the period of the patient's stay within the hospital by any of the
21following:
or by a skilled nursing facility or by an intermediate care facility for
22persons with mental retardation, as defined in s. 46.278 (1m) (am).
AB40, s. 3215 23Section 3215. 450.01 (16) (h) 1. of the statutes is repealed.
AB40, s. 3216 24Section 3216. 450.01 (16) (h) 2. of the statutes is repealed.
AB40, s. 3217 25Section 3217. 452.01 (1s) of the statutes is amended to read:
AB40,1168,1
1452.01 (1s) "Board" means real estate examining board.
AB40, s. 3218 2Section 3218. 452.025 (1) (a) of the statutes is amended to read:
AB40,1168,43 452.025 (1) (a) A person desiring to act as a time-share salesperson shall
4submit to the department board an application for a certificate of registration.
AB40, s. 3219 5Section 3219. 452.025 (1) (b) (intro.) of the statutes is amended to read:
AB40,1168,86 452.025 (1) (b) The application for registration as a time-share salesperson
7shall be in the form prescribed by the department board and shall include all of the
8following:
AB40, s. 3220 9Section 3220. 452.025 (1) (b) 4. of the statutes is amended to read:
AB40,1168,1310 452.025 (1) (b) 4. Any other information which that the department board
11reasonably requires to enable it to determine the competency of the person to
12transact business as a time-share salesperson in a manner which that safeguards
13the interests of the public.
AB40, s. 3221 14Section 3221. 452.025 (3) (b) 2. (intro.) of the statutes is amended to read:
AB40,1168,1815 452.025 (3) (b) 2. A time-share salesperson registered under this section may
16complete a form purchase agreement or offer to purchase, if the form purchase
17agreement or offer to purchase has been approved by the department board and
18includes only the following:
AB40, s. 3222 19Section 3222. 452.025 (4) of the statutes is amended to read:
AB40,1168,2320 452.025 (4) A time-share salesperson registered under this section may apply
21at any time to transfer employment to another licensed broker by submitting to the
22department board an application in the form prescribed by the department board
23and the transfer fee specified in s. 440.05 (7).
AB40, s. 3223 24Section 3223. 452.025 (5) (a) of the statutes is amended to read:
AB40,1169,2
1452.025 (5) (a) The renewal date for certificates of registration granted by the
2department board under this section is specified under s. 440.08 (2) (a).
AB40, s. 3224 3Section 3224. 452.03 of the statutes is amended to read:
AB40,1169,10 4452.03 Brokers and salespersons licensed. No person may engage in or
5follow the business or occupation of, or advertise or hold himself or herself out as, or
6act temporarily or otherwise as a broker or salesperson without a license. Licenses
7shall be granted The board may grant a license only to persons a person who are is
8competent to transact such businesses in a manner which that safeguards the
9interests of the public, and only after satisfactory proof of the person's competence
10has been presented to the department board.
AB40, s. 3225 11Section 3225. 452.04 of the statutes is repealed.
AB40, s. 3226 12Section 3226. 452.05 (title) and (1) (intro.) of the statutes are amended to read:
AB40,1169,16 13452.05 (title) Duties and powers of department board. (1) (intro.) In
14addition to the other duties and responsibilities of the department board under this
15chapter, the department board shall advise the secretary on matters relating to real
16estate practice and shall
:
AB40, s. 3227 17Section 3227. 452.05 (1) (b) of the statutes is amended to read:
AB40,1169,2018 452.05 (1) (b) Approve forms for use in real estate practice. The board may
19conduct public hearings on matters relating to the approval of forms used in real
20estate practice.
AB40, s. 3228 21Section 3228. 452.05 (1) (c) of the statutes is amended to read:
AB40,1170,222 452.05 (1) (c) After consultation with the council on real estate curriculum and
23examinations and subject to the procedure under s. 452.07, promulgate rules
24establishing criteria for the approval of educational programs and training sessions

1under s. 452.09 (2) and approve such programs and sessions in accordance with the
2established criteria.
AB40, s. 3229 3Section 3229. 452.05 (1) (d) of the statutes is amended to read:
AB40,1170,84 452.05 (1) (d) After consultation with the council on real estate curriculum and
5examinations, the board, brokers and salespersons licensed under this chapter, and
6interested members of the public, establish criteria for the approval of continuing
7educational programs and courses in real estate related subjects required for
8renewal under s. 452.12 (5) (c) 1.
AB40, s. 3230 9Section 3230. 452.05 (1m) (b) of the statutes is amended to read:
AB40,1170,1310 452.05 (1m) (b) In preparing the form for the offer to purchase commercial real
11property under sub. (1) (b), the department board shall include a statement that the
12seller represents to the buyer that the seller has no notice or knowledge that the
13commercial real property is a historic building.
AB40, s. 3231 14Section 3231. 452.05 (2) of the statutes is amended to read:
AB40,1170,1615 452.05 (2) The department board may prepare letters and bulletins and
16conduct clinics disseminating information to its licensees.
AB40, s. 3232 17Section 3232. 452.05 (3) of the statutes is amended to read:
AB40,1170,2218 452.05 (3) The department board may, after consultation with the board, enter
19into reciprocal agreements with officials of other states or territories of the United
20States for licensing brokers and salespersons and grant licenses to applicants who
21are licensed as brokers or salespersons in those states or territories according to the
22terms of the reciprocal agreements.
AB40, s. 3233 23Section 3233. 452.06 (2) (intro.) and (b) of the statutes are consolidated,
24renumbered 452.06 (2) and amended to read:
AB40,1171,5
1452.06 (2) The council on real estate curriculum and examinations shall do all
2of the following: (b) Periodically, but
not less than annually , review subjects covered
3on examinations for licensure under this chapter and the qualifications for
4instructors of and performance evaluations for educational and continuing
5educational programs, training sessions, and courses approved under this chapter.
AB40, s. 3234 6Section 3234. 452.06 (2) (a) of the statutes is repealed.
AB40, s. 3235 7Section 3235. 452.07 (title) of the statutes is amended to read:
AB40,1171,8 8452.07 (title) Rules; review of rules.
AB40, s. 3236 9Section 3236. 452.07 (1) of the statutes is amended to read:
AB40,1171,1110 452.07 (1) The department board shall promulgate rules for the guidance of the
11real estate profession and define professional conduct and unethical practice.
AB40, s. 3237 12Section 3237. 452.07 (1m) of the statutes is amended to read:
AB40,1171,1413 452.07 (1m) The department board shall promulgate rules that specify the
14supervisory duties of brokers under s. 452.12 (3).
AB40, s. 3238 15Section 3238. 452.07 (2) to (7) of the statutes are repealed.
AB40, s. 3239 16Section 3239. 452.09 (1) (intro.) of the statutes is amended to read:
AB40,1171,2017 452.09 (1) Form of application. (intro.) Any person desiring to act as a broker
18or salesperson shall submit to the department board an application for a license. The
19application shall be in such form as the department board prescribes and shall
20include the following:
AB40, s. 3240 21Section 3240. 452.09 (1) (e) of the statutes is amended to read:
AB40,1172,222 452.09 (1) (e) Any other information which that the department board may
23reasonably require to enable it to determine the competency of each applicant,
24including each business representative of the business entity, to transact the

1business of a broker or salesperson in a manner which that safeguards the interests
2of the public.
AB40, s. 3241 3Section 3241. 452.09 (2) (a) of the statutes is amended to read:
AB40,1172,104 452.09 (2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3),
5each applicant for a salesperson's license shall submit to the department board
6evidence satisfactory to the department board of successful completion of
7educational programs approved for this purpose under s. 452.05 (1) (c). The
8department board may waive the requirement under this paragraph upon proof that
9the applicant has received 10 academic credits in real estate or real estate related
10law courses from an accredited institution of higher education.
AB40, s. 3242 11Section 3242. 452.09 (2) (c) 2. of the statutes is amended to read:
AB40,1172,1612 452.09 (2) (c) 2. Submit to the department board evidence satisfactory to the
13department board of successful completion of educational programs in business
14management approved for this purpose under s. 452.05 (1) (c). No educational
15programs applied to satisfy the requirement under subd. 1. may be applied to satisfy
16the requirement under this subdivision.
AB40, s. 3243 17Section 3243. 452.09 (2) (d) of the statutes is amended to read:
AB40,1172,2118 452.09 (2) (d) The department board may waive the requirements under par.
19(c) upon proof that the applicant has received 20 academic credits in real estate or
20real estate related law courses from an accredited institution of higher education or
21that the applicant is licensed to practice law in this state.
AB40, s. 3244 22Section 3244. 452.09 (3) (a) of the statutes is amended to read:
AB40,1173,723 452.09 (3) (a) In determining competency, the department board shall require
24proof that the applicant for a broker's or salesperson's license has a fair knowledge
25of the English language,; a fair understanding of the general purposes and general

1legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel
2mortgages, and conditional sales contracts,; and a general and fair understanding
3of the obligations between principal and agent, as well as of this chapter. An The
4board shall deny a license to an
applicant receiving a failing grade, as established by
5rules of the department board, on any examination given under this section shall be
6denied a license
, but any applicant may review his or her examination results in a
7manner established by rules of the department board.
AB40, s. 3245 8Section 3245. 452.09 (3) (b) of the statutes is amended to read:
AB40,1173,119 452.09 (3) (b) The department board shall determine competency under par.
10(a) by means of only an oral examination for any applicant who is unable to write
11because of a physical handicap.
AB40, s. 3246 12Section 3246. 452.09 (3) (d) of the statutes is amended to read:
AB40,1173,1613 452.09 (3) (d) Except as provided in a reciprocal agreement under s. 452.05 (3),
14the department board may not grant a broker's license to an applicant who does not
15hold a salesperson's license unless the applicant passes the salesperson's
16examination and the broker's examination.
AB40, s. 3247 17Section 3247. 452.09 (5) of the statutes is amended to read:
AB40,1174,218 452.09 (5) Apprenticeships. Any person who is a resident of this state and 18
19years of age or over may, upon application filed in accordance with sub. (1), be
20indentured to a licensed resident broker in accordance with rules promulgated by the
21department board. These rules shall be promulgated so as to protect the public and
22may limit the real estate sales and brokerage activity of the apprentice. The
23department board may require an apprentice to take a preliminary examination
24covering general knowledge and may prescribe the character and extent of his or her
25work during apprenticeship. The department board may issue a temporary

1salesperson's permit to the individual for a period not to exceed one year upon
2payment of the fee under s. 440.05 (6). The temporary permit is not renewable.
AB40, s. 3248 3Section 3248. 452.10 (2) (b) of the statutes is amended to read:
AB40,1174,54 452.10 (2) (b) Unless an application is withdrawn in writing before the
5department board has made any investigation, no part of the fee shall be returned.
AB40, s. 3249 6Section 3249. 452.10 (4) (a) of the statutes is amended to read:
AB40,1174,97 452.10 (4) (a) Any licensed salesperson or broker may transfer to the
8employment of a licensed broker by first paying the transfer fee specified in s. 440.05
9(7) and filing a transfer form with the department board.
AB40, s. 3250 10Section 3250. 452.10 (6) of the statutes is amended to read:
AB40,1174,1311 452.10 (6) In the case of applications for renewals of licenses the department
12board may dispense with such matters contained in s. 452.09 (1) as it deems
13unnecessary in view of prior applications.
AB40, s. 3251 14Section 3251. 452.11 (3) of the statutes is amended to read:
AB40,1174,2415 452.11 (3) Every nonresident applicant, and every resident licensee who
16becomes a nonresident, shall file with the department board an irrevocable consent
17that actions may be commenced against the applicant or licensee in the proper court
18of any county of the state in which a cause of action arises or in which the plaintiff
19resides, by the service of any process or pleading authorized by the laws of this state
20on the department board or any duly authorized employee. The consent shall
21stipulate and agree that such service is valid and binding as due service upon the
22applicant or licensee in all courts in this state. The consent shall be duly
23acknowledged and, if made by a corporation, shall be authenticated by the corporate
24seal.
AB40, s. 3252 25Section 3252. 452.11 (4) of the statutes is amended to read:
AB40,1175,11
1452.11 (4) Any process or pleading under this section shall be served in
2duplicate upon the department board or its duly authorized employee. One copy
3shall be filed with the department board and the other immediately forwarded by
4certified mail to the nonresident licensee against whom the process or pleading is
5directed at the last address provided to the department board by the nonresident
6licensee. No default in any such proceeding or action may be taken unless it appears
7by affidavit of the secretary chairperson of the board or any duly authorized
8employee that a copy of the process or pleading was mailed to the nonresident
9licensee as required in this subsection. No judgment by default may be taken in any
10action or proceeding within 20 days after the date of mailing the process or pleading
11to the nonresident licensee.
AB40, s. 3253 12Section 3253. 452.12 (1) of the statutes is amended to read:
AB40,1175,1513 452.12 (1) Expiration. A license granted by the department board entitles the
14holder to act as a broker or salesperson, as the case may be, until the applicable
15renewal date specified under s. 440.08 (2) (a).
AB40, s. 3254 16Section 3254. 452.12 (2) (c) of the statutes is amended to read:
AB40,1175,2217 452.12 (2) (c) Application for a business entity license shall be made on forms
18prescribed by the department board, listing the names and addresses of all business
19representatives, and shall be accompanied by the initial credential fee determined
20by the department under s. 440.03 (9) (a). If there is a change in any of the business
21representatives, the change shall be reported to the department board, on the same
22form, within 30 days after the effective date of the change.
AB40, s. 3255 23Section 3255. 452.12 (4) of the statutes is amended to read:
AB40,1176,424 452.12 (4) Register of brokers and salespersons. The department shall
25maintain the register required by s. 440.035 (4).
The board shall include in the

1register the board maintains under s. 440.035 (4) the
names of all brokers and
2salespersons whose licenses have been were revoked at any time within the past 2
3years prior to the issuance thereof shall be included in the register. The register shall
4be available for purchase at cost.
AB40, s. 3256 5Section 3256. 452.12 (5) (b) of the statutes is amended to read:
AB40,1176,86 452.12 (5) (b) If an application for renewal is not filed with the department
7board on or before the renewal date, the applicant may not engage in any of the
8activities covered by the license until the license is renewed or a new license is issued.
AB40, s. 3257 9Section 3257. 452.12 (5) (c) 2. of the statutes is amended to read:
AB40,1176,1310 452.12 (5) (c) 2. Not later than June 30 of each even-numbered year, the
11department board shall conduct an examination on those subjects required for
12continuing education under s. 452.05 (1) (d). Any broker or salesperson who passes
13the examination under this subdivision is not required to comply with subd. 1.
AB40, s. 3258 14Section 3258. 452.12 (5) (d) of the statutes is created to read:
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