AB40: Bill Text

AB40,1166,18 440.92 (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, s. 3212 Section 3212. 440.945 (5) (b) of the statutes is amended to read:

AB40,1167,5 440.945 (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, s. 3213 Section 3213. 448.20 (2) of the statutes is amended to read:

AB40,1167,13 448.20 (2) Advise board of regents Board of Trustees and Board of Regents. The council shall advise and cooperate with the board of regents Board of Trustees of the University of Wisconsin–Madison and the Board of Regents of the University of Wisconsin System in establishing an educational program for physician assistants on the undergraduate level. The council shall suggest criteria for admission requirements, program goals and objectives, curriculum requirements, and criteria for credit for past educational experience or training in health fields.

AB40, s. 3214 Section 3214. 450.01 (16) (h) (intro.) of the statutes is renumbered 450.01 (16) (h) and amended to read:

AB40,1167,22 450.01 (16) (h) Making therapeutic alternate drug selections, if made in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of a hospital and approved by the hospital's medical staff and use of the therapeutic alternate drug selection has been approved for a patient during the period of the patient's stay within the hospital by any of the following: or by a skilled nursing facility or by an intermediate care facility for persons with mental retardation, as defined in s. 46.278 (1m) (am).

AB40, s. 3215 Section 3215. 450.01 (16) (h) 1. of the statutes is repealed.

AB40, s. 3216 Section 3216. 450.01 (16) (h) 2. of the statutes is repealed.

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

AB40,1168,1 452.01 (1s) "Board" means real estate examining board.

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

AB40,1168,4 452.025 (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, s. 3219 Section 3219. 452.025 (1) (b) (intro.) of the statutes is amended to read:

AB40,1168,8 452.025 (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, s. 3220 Section 3220. 452.025 (1) (b) 4. of the statutes is amended to read:

AB40,1168,13 452.025 (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, s. 3221 Section 3221. 452.025 (3) (b) 2. (intro.) of the statutes is amended to read:

AB40,1168,18 452.025 (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, s. 3222 Section 3222. 452.025 (4) of the statutes is amended to read:

AB40,1168,23 452.025 (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, s. 3223 Section 3223. 452.025 (5) (a) of the statutes is amended to read:

AB40,1169,2 452.025 (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, s. 3224 Section 3224. 452.03 of the statutes is amended to read:

AB40,1169,10 452.03 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, s. 3225 Section 3225. 452.04 of the statutes is repealed.

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

AB40,1169,16 452.05 (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, s. 3227 Section 3227. 452.05 (1) (b) of the statutes is amended to read:

AB40,1169,20 452.05 (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, s. 3228 Section 3228. 452.05 (1) (c) of the statutes is amended to read:

AB40,1170,2 452.05 (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, s. 3229 Section 3229. 452.05 (1) (d) of the statutes is amended to read:

AB40,1170,8 452.05 (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, s. 3230 Section 3230. 452.05 (1m) (b) of the statutes is amended to read:

AB40,1170,13 452.05 (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, s. 3231 Section 3231. 452.05 (2) of the statutes is amended to read:

AB40,1170,16 452.05 (2) The department board may prepare letters and bulletins and conduct clinics disseminating information to its licensees.

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

AB40,1170,22 452.05 (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, s. 3233 Section 3233. 452.06 (2) (intro.) and (b) of the statutes are consolidated, renumbered 452.06 (2) and amended to read:

AB40,1171,5 452.06 (2) The council on real estate curriculum and examinations shall do all of the following: (b) Periodically, but 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, s. 3234 Section 3234. 452.06 (2) (a) of the statutes is repealed.

AB40, s. 3235 Section 3235. 452.07 (title) of the statutes is amended to read:

AB40,1171,8 452.07 (title) Rules; review of rules.

AB40, s. 3236 Section 3236. 452.07 (1) of the statutes is amended to read:

AB40,1171,11 452.07 (1) The department board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.

AB40, s. 3237 Section 3237. 452.07 (1m) of the statutes is amended to read:

AB40,1171,14 452.07 (1m) The department board shall promulgate rules that specify the supervisory duties of brokers under s. 452.12 (3).

AB40, s. 3238 Section 3238. 452.07 (2) to (7) of the statutes are repealed.

AB40, s. 3239 Section 3239. 452.09 (1) (intro.) of the statutes is amended to read:

AB40,1171,20 452.09 (1) Form of application. (intro.) Any person desiring to act as a broker or salesperson shall submit to the department board an application for a license. The application shall be in such form as the department board prescribes and shall include the following:

AB40, s. 3240 Section 3240. 452.09 (1) (e) of the statutes is amended to read:

AB40,1172,2 452.09 (1) (e) Any other information which that the department board may reasonably require to enable it to determine the competency of each applicant, including each business representative of the business entity, to transact the business of a broker or salesperson in a manner which that safeguards the interests of the public.

AB40, s. 3241 Section 3241. 452.09 (2) (a) of the statutes is amended to read:

AB40,1172,10 452.09 (2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3), each applicant for a salesperson's license shall submit to the department board evidence satisfactory to the department board of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c). The department board may waive the requirement under this paragraph upon proof that the applicant has received 10 academic credits in real estate or real estate related law courses from an accredited institution of higher education.

AB40, s. 3242 Section 3242. 452.09 (2) (c) 2. of the statutes is amended to read:

AB40,1172,16 452.09 (2) (c) 2. Submit to the department board evidence satisfactory to the department board of successful completion of educational programs in business management approved for this purpose under s. 452.05 (1) (c). No educational programs applied to satisfy the requirement under subd. 1. may be applied to satisfy the requirement under this subdivision.

AB40, s. 3243 Section 3243. 452.09 (2) (d) of the statutes is amended to read:

AB40,1172,21 452.09 (2) (d) The department board may waive the requirements under par. (c) upon proof that the applicant has received 20 academic credits in real estate or real estate related law courses from an accredited institution of higher education or that the applicant is licensed to practice law in this state.

AB40, s. 3244 Section 3244. 452.09 (3) (a) of the statutes is amended to read:

AB40,1173,7 452.09 (3) (a) In determining competency, the department board shall require proof that the applicant for a broker's or salesperson's license has a fair knowledge of the English language,; a fair understanding of the general purposes and general legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel mortgages, and conditional sales contracts,; and a general and fair understanding of the obligations between principal and agent, as well as of this chapter. An The board shall deny a license to an applicant receiving a failing grade, as established by rules of the department board, on any examination given under this section shall be denied a license, but any applicant may review his or her examination results in a manner established by rules of the department board.

AB40, s. 3245 Section 3245. 452.09 (3) (b) of the statutes is amended to read:

AB40,1173,11 452.09 (3) (b) The department board shall determine competency under par. (a) by means of only an oral examination for any applicant who is unable to write because of a physical handicap.

AB40, s. 3246 Section 3246. 452.09 (3) (d) of the statutes is amended to read:

AB40,1173,16 452.09 (3) (d) Except as provided in a reciprocal agreement under s. 452.05 (3), the department board may not grant a broker's license to an applicant who does not hold a salesperson's license unless the applicant passes the salesperson's examination and the broker's examination.

AB40, s. 3247 Section 3247. 452.09 (5) of the statutes is amended to read:

AB40,1174,2 452.09 (5) Apprenticeships. Any person who is a resident of this state and 18 years of age or over may, upon application filed in accordance with sub. (1), be indentured to a licensed resident broker in accordance with rules promulgated by the department board. These rules shall be promulgated so as to protect the public and may limit the real estate sales and brokerage activity of the apprentice. The department board may require an apprentice to take a preliminary examination covering general knowledge and may prescribe the character and extent of his or her work during apprenticeship. The department board may issue a temporary salesperson's permit to the individual for a period not to exceed one year upon payment of the fee under s. 440.05 (6). The temporary permit is not renewable.

AB40, s. 3248 Section 3248. 452.10 (2) (b) of the statutes is amended to read:

AB40,1174,5 452.10 (2) (b) Unless an application is withdrawn in writing before the department board has made any investigation, no part of the fee shall be returned.

AB40, s. 3249 Section 3249. 452.10 (4) (a) of the statutes is amended to read:

AB40,1174,9 452.10 (4) (a) Any licensed salesperson or broker may transfer to the employment of a licensed broker by first paying the transfer fee specified in s. 440.05 (7) and filing a transfer form with the department board.

AB40, s. 3250 Section 3250. 452.10 (6) of the statutes is amended to read:

AB40,1174,13 452.10 (6) In the case of applications for renewals of licenses the department board may dispense with such matters contained in s. 452.09 (1) as it deems unnecessary in view of prior applications.

AB40, s. 3251 Section 3251. 452.11 (3) of the statutes is amended to read:

AB40,1174,24 452.11 (3) Every nonresident applicant, and every resident licensee who becomes a nonresident, shall file with the department board an irrevocable consent that actions may be commenced against the applicant or licensee in the proper court of any county of the state in which a cause of action arises or in which the plaintiff resides, by the service of any process or pleading authorized by the laws of this state on the department board or any duly authorized employee. The consent shall stipulate and agree that such service is valid and binding as due service upon the applicant or licensee in all courts in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the corporate seal.

AB40, s. 3252 Section 3252. 452.11 (4) of the statutes is amended to read:

AB40,1175,11 452.11 (4) Any process or pleading under this section shall be served in duplicate upon the department board or its duly authorized employee. One copy shall be filed with the department board and the other immediately forwarded by certified mail to the nonresident licensee against whom the process or pleading is directed at the last address provided to the department board by the nonresident licensee. No default in any such proceeding or action may be taken unless it appears by affidavit of the secretary chairperson of the board or any duly authorized employee that a copy of the process or pleading was mailed to the nonresident licensee as required in this subsection. No judgment by default may be taken in any action or proceeding within 20 days after the date of mailing the process or pleading to the nonresident licensee.

AB40, s. 3253 Section 3253. 452.12 (1) of the statutes is amended to read:

AB40,1175,15 452.12 (1) Expiration. A license granted by the department board entitles the holder to act as a broker or salesperson, as the case may be, until the applicable renewal date specified under s. 440.08 (2) (a).

AB40, s. 3254 Section 3254. 452.12 (2) (c) of the statutes is amended to read:

AB40,1175,22 452.12 (2) (c) Application for a business entity license shall be made on forms prescribed by the department board, listing the names and addresses of all business representatives, and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). If there is a change in any of the business representatives, the change shall be reported to the department board, on the same form, within 30 days after the effective date of the change.

AB40, s. 3255 Section 3255. 452.12 (4) of the statutes is amended to read:

AB40,1176,4 452.12 (4) Register of brokers and salespersons. The department shall maintain the register required by s. 440.035 (4). The board shall include in the register the board maintains under s. 440.035 (4) the names of all brokers and salespersons whose licenses have been were revoked at any time within the past 2 years prior to the issuance thereof shall be included in the register. The register shall be available for purchase at cost.

AB40, s. 3256 Section 3256. 452.12 (5) (b) of the statutes is amended to read:

AB40,1176,8 452.12 (5) (b) If an application for renewal is not filed with the department board on or before the renewal date, the applicant may not engage in any of the activities covered by the license until the license is renewed or a new license is issued.

AB40, s. 3257 Section 3257. 452.12 (5) (c) 2. of the statutes is amended to read:

AB40,1176,13 452.12 (5) (c) 2. Not later than June 30 of each even-numbered year, the department board shall conduct an examination on those subjects required for continuing education under s. 452.05 (1) (d). Any broker or salesperson who passes the examination under this subdivision is not required to comply with subd. 1.

AB40, s. 3258 Section 3258. 452.12 (5) (d) of the statutes is created to read: