AB1-ASA1-AA61, s. 338sp
14Section 338sp. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b) 7.
15(intro.) and amended to read:
AB1-ASA1-AA61,39,1816
157.62
(2) (b) 7. (intro.)
The information specified in sub. (1) (a), to the extent
17applicable, if If the cemetery
is not required to file a report under sub. (1) (a) or s.
18180.1622 or 181.1622. authority is a cemetery association, all of the following:
AB1-ASA1-AA61,39,2520
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
21under sub. (2) (a) at its principal place of business and, except for those records
22relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
23the report available for inspection, upon reasonable notice, by any person with an
24interest in a
cemetery lot or a mausoleum burial space in a cemetery owned or
25operated by the cemetery authority.
AB1-ASA1-AA61,40,32
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
3mausoleum burial space or cemetery merchandise.
AB1-ASA1-AA61,40,75
157.62
(3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
6records identifying the section, lot, and site of each burial space and showing the
7location of each burial space on a map.
AB1-ASA1-AA61,40,99
157.62
(4) (title)
Records maintenance
; inspection.
AB1-ASA1-AA61,40,1412
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
13records and contract copies under sub. (3) (b) available for inspection and copying by
14the board.
AB1-ASA1-AA61,40,1817
157.62
(5) (a) The department may promulgate rules establishing minimum
18standards for the format and maintenance of records required under this section.
AB1-ASA1-AA61, s. 338tx
19Section 338tx. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
20amended to read:
AB1-ASA1-AA61,41,421
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
22the department may audit, at reasonable times and frequency, the records, trust
23funds
, and accounts of any
registered cemetery authority
and shall audit the records,
24trust funds, and accounts of each licensed cemetery authority, including records,
25trust funds
, and accounts pertaining to services provided by a cemetery authority
1which are not otherwise subject to the requirements under this chapter. The
2department may conduct audits under this subsection on a random basis
, and
shall
3conduct all audits under this subsection without providing prior notice to the
4cemetery authority.
AB1-ASA1-AA61,41,116
157.62
(6) (b) If the department or board has cause to believe that a licensed
7or registered cemetery authority has not complied with the requirements of this
8subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
9department or board may require the cemetery authority to submit an audit
10conducted at the cemetery authority's expense by an independent certified public
11accountant in accordance with generally accepted auditing standards.
AB1-ASA1-AA61,41,16
14157.63 (title)
Reporting and auditing exemptions; certification of
15compliance of religious cemetery affiliated with religious society
16authority.
AB1-ASA1-AA61,41,2318
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 19cemetery authority
of a cemetery that is affiliated with a religious society organized
20under ch. 187 or that religious society or the church, synagogue, mosque,
21incorporated college of a religious order, or religious society organized under ch. 187
22that is affiliated with a religious cemetery authority may file an annual certification
23with the department as provided in this section.
AB1-ASA1-AA61,42,5
1157.63
(2) (b) A notarized statement of a person who is legally authorized to
2act on behalf of the religious
society cemetery authority under this section that,
3during the reporting period under s. 157.62, each cemetery and the
religious 4cemetery authority of each cemetery specified under par. (a) have either fully
5complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
AB1-ASA1-AA61,42,107
157.63
(3) If the statement under sub. (2) (b) includes a statement of
8substantial compliance, the statement under sub. (2) (b) must also specify those
9instances when the cemetery or
religious cemetery authority did not fully comply
10with s. 157.11 (9g) or 157.12 (3).
AB1-ASA1-AA61,42,1512
157.63
(4) A certification under this section is effective for the 12-month period
13immediately following the reporting period under s. 157.62 (2) for which the
religious 14cemetery authority is certified under this section to have fully or substantially
15complied with ss. 157.11 (9g) and 157.12 (3).
AB1-ASA1-AA61,42,2217
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
18order, or religious society that is affiliated with a cemetery to which a certification
19under this section applies is liable for the damages of any person that result from the
20failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
21(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
22compliance has been certified under this section.
AB1-ASA1-AA61,43,7
24157.635 Regulations of religious cemetery affiliated with religious
25society authorities. Nothing in this subchapter prohibits a
religious cemetery
1authority
of a cemetery that is affiliated with a religious society organized under ch.
2187 from prohibiting the burial of the human remains of an individual in the
3cemetery if the individual was in a class of individuals who are prohibited
from being
4buried in the cemetery under regulations adopted by the
religious cemetery
5authority or
church, synagogue, mosque, incorporated college of a religious order, or 6religious society
from being buried in the cemetery
that is affiliated with the religious
7cemetery authority.
AB1-ASA1-AA61,43,14
9157.637 Rules; review of rules. (1) Before submitting to the legislative
10council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
11except for rules relating exclusively to religious cemetery authorities, the
12department shall submit the proposed rules to the board for comment. The board
13shall have 30 days to submit comments on the proposed rules to the secretary of
14regulation and licensing.
AB1-ASA1-AA61,43,18
15(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
16or to the board, except for rules relating exclusively to religious cemetery authorities,
17the department shall provide a copy of the rules to the board prior to publication of
18the rules in the official state newspaper.
AB1-ASA1-AA61,43,22
19(3) The chairperson of the board, or his or her designee from the board, may
20cochair with the secretary of regulation and licensing, or the secretary's designee,
21any public hearing held by the department on proposed rules relating to cemeteries
22or to the board other than rules relating exclusively to religious cemetery authorities.
AB1-ASA1-AA61,44,7
23(4) The department shall submit to the board a copy of the report required
24under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
25other than rules relating exclusively to religious cemetery authorities. The board
1may prepare a dissenting report stating its recommendations on the proposed final
2rules. Any dissenting report shall be prepared within 10 days from the date of receipt
3of the department's report, attached to the department's report and sent to the
4presiding officer of each house of the legislature and distributed under s. 227.19 (2).
5The department shall publish a statement to appear in the Wisconsin administrative
6register indicating that a dissenting report of the board has been submitted to the
7presiding officer of each house of the legislature.
AB1-ASA1-AA61,44,9
8(5) The department shall provide staff to assist the board in the review of
9administrative rules and preparation of comments or dissenting reports.
AB1-ASA1-AA61,44,1211
157.64
(2) (d) Fails to file a report or files an incomplete, false
, or misleading
12report under s. 157.62
(1) or (2).
AB1-ASA1-AA61,44,1414
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
AB1-ASA1-AA61,44,1616
157.64
(2) (h) Violates s. 157.112.
AB1-ASA1-AA61,44,2218
157.65
(1) (a) If the
department of regulation and licensing board has reason
19to believe that any person, other than a religious cemetery authority, is violating or
20has violated this subchapter or any rule promulgated under this subchapter and that
21the continuation of that activity might cause injury to the public interest, the
22department of regulation and licensing may board shall investigate.
AB1-ASA1-AA61,45,324
157.65
(1) (am) If the department of regulation and licensing has reason to
25believe that a religious cemetery authority is violating or has violated this
1subchapter or any rule promulgated under this subchapter and that the continuation
2of that activity might cause injury to the public interest, the department of
3regulation and licensing may investigate.
AB1-ASA1-AA61,45,85
157.65
(1) (b) If the department of commerce has reason to believe that any
6person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
7continuation of that activity might cause injury to the public interest, the
8department of commerce
may shall investigate.
AB1-ASA1-AA61,45,2010
157.65
(2) The department of justice or any district attorney, upon informing
11the department of justice, may commence an action in circuit court in the name of
12the state to restrain by temporary or permanent injunction any violation of this
13subchapter. The court may, prior to entry of final judgment, make such orders or
14judgments as may be necessary to restore to any person any pecuniary loss suffered
15because of the acts or practices involved in the action, if proof of such loss is submitted
16to the satisfaction of the court. The department of justice may subpoena persons and
17require the production of books and other documents, and may request
the board, the
18department of regulation and licensing
, or the department of commerce to exercise
19its authority under sub. (1) to aid in the investigation of alleged violations of this
20subchapter.".
AB1-ASA1-AA61,45,24
23423.102 Scope. This chapter applies to all consumer transactions, except that
24subch. II does not apply to cemetery preneed sales under
s. ss. 440.92
and 440.922.
AB1-ASA1-AA61,46,72
440.03
(1) The department may promulgate rules defining uniform procedures
3to be used by the department,
the cemetery board, the real estate board, the real
4estate appraisers board, and all examining boards and affiliated credentialing
5boards attached to the department or an examining board, for receiving, filing
, and
6investigating complaints, for commencing disciplinary proceedings and for
7conducting hearings.
AB1-ASA1-AA61,46,129
440.03
(3) If the secretary reorganizes the department, no modification may
10be made in the powers and responsibilities of the examining boards
or, affiliated
11credentialing boards
, or other boards attached to the department or an examining
12board under s.
15.03, 15.405
, or 15.406.
AB1-ASA1-AA61,46,2314
440.03
(7m) The department may promulgate rules that establish procedures
15for submitting an application for a credential or credential renewal by electronic
16transmission. Any rules promulgated under this subsection shall specify procedures
17for complying with any requirement that a fee be submitted with the application.
18The rules may also waive any requirement in chs. 440 to 480 that an application
19submitted to the department, an examining board or an affiliated credentialing
20board be executed, verified,
certified, signed, sworn
, or made under oath,
21notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1)
22(a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a),
23452.10 (1)
, and 480.08 (2m).
AB1-ASA1-AA61, s. 464me
24Section 464me. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and
25amended to read:
AB1-ASA1-AA61,47,4
1440.03
(13) (a)
The Except as provided in par. (b), the department may conduct
2an investigation to determine whether an applicant for a credential issued under chs.
3440 to 480 satisfies any of the eligibility requirements specified for the credential,
4including whether the applicant does not have an arrest or conviction record.
AB1-ASA1-AA61,47,11
5(c) In conducting an investigation under
this subsection par. (a) or (b), the
6department may require an applicant to provide any information that is necessary
7for the investigation or, for the purpose of obtaining information related to an arrest
8or conviction record of an applicant, to complete forms provided by the department
9of justice or the federal bureau of investigation. The department shall charge the
10applicant any fees, costs
, or other expenses incurred in conducting the investigation
11under
this subsection par. (a) or (b).
AB1-ASA1-AA61,47,1613
440.03
(13) (b) Before granting a credential to a cemetery authority, cemetery
14salesperson, or preneed seller, or renewing such a credential, the department shall
15conduct an investigation to determine whether a person specified in s. 440.93 (1)
16(intro.) has been convicted of an offense specified in s. 440.93 (1) (d).
AB1-ASA1-AA61,47,2218
440.04
(1) Centralize, at the capital and in such district offices as the
19operations of the department and the attached
boards, examining boards
, and
20affiliated credentialing boards require, the routine housekeeping functions required
21by the department,
the boards, the examining boards
, and the affiliated
22credentialing boards.
AB1-ASA1-AA61,48,324
440.04
(2) Provide the bookkeeping, payroll, accounting
, and personnel
25advisory services required by the department and the legal services, except for
1representation in court proceedings and the preparation of formal legal opinions,
2required by the attached
boards, examining boards
, and affiliated credentialing
3boards.
AB1-ASA1-AA61,48,75
440.04
(3) Control the allocation, disbursement
, and budgeting of the funds
6received by the
boards, examining boards
, and affiliated credentialing boards in
7connection with their credentialing
and, regulation
, or other functions.
AB1-ASA1-AA61,48,119
440.04
(4) Employ, assign
, and reassign such staff as are required by the
10department and the attached
boards, examining boards
, and affiliated credentialing
11boards in the performance of their functions.
AB1-ASA1-AA61,48,1413
440.04
(5) (intro.) With the advice of the
boards, examining boards
, or affiliated
14credentialing boards:
AB1-ASA1-AA61,48,1716
440.04
(5) (c) Provide such other services as the
boards, examining boards
, or
17affiliated credentialing boards request.
AB1-ASA1-AA61,48,22
19440.045 Disputes. Any dispute between
a board in the department, an
20examining board
, or an affiliated credentialing board and the secretary shall be
21arbitrated by the governor or the governor's designee after consultation with the
22disputants.
AB1-ASA1-AA61,49,3
1440.05 Standard fees. (intro.) The following standard fees apply to all initial
2credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51,
440.91 (1m) (a), 3444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:
AB1-ASA1-AA61,49,65
440.08
(2) (a) 21. Cemetery authority
, licensed: January 1 of each
6odd-numbered year; $343.
AB1-ASA1-AA61,49,98
440.08
(2) (a) 21m. Cemetery authority, registered: January 1 of each
9odd-numbered year; $5.