AB1-ASA1-AA61, s. 338vp 8Section 338vp. 157.637 of the statutes is created to read:
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, s. 338vt 10Section 338vt. 157.64 (2) (d) of the statutes is amended to read:
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, s. 338vx 13Section 338vx. 157.64 (2) (e) of the statutes is amended to read:
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, s. 338wc 15Section 338wc. 157.64 (2) (h) of the statutes is created to read:
AB1-ASA1-AA61,44,1616 157.64 (2) (h) Violates s. 157.112.
AB1-ASA1-AA61, s. 338wg 17Section 338wg. 157.65 (1) (a) of the statutes is amended to read:
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, s. 338wL 23Section 338wL. 157.65 (1) (am) of the statutes is created to read:
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, s. 338wp 4Section 338wp. 157.65 (1) (b) of the statutes is amended to read:
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, s. 338wt 9Section 338wt. 157.65 (2) of the statutes is amended to read:
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-AA61,45,21 219. Page 215, line 14: after that line insert:
AB1-ASA1-AA61,45,22 22" Section 464ma. 423.102 of the statutes is amended to read:
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, s. 464mb
1Section 464mb. 440.03 (1) of the statutes is amended to read:
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, s. 464mc 8Section 464mc. 440.03 (3) of the statutes is amended to read:
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, s. 464md 13Section 464md. 440.03 (7m) of the statutes is amended to read:
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, s. 464mf 12Section 464mf. 440.03 (13) (b) of the statutes is created to read:
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, s. 464mg 17Section 464mg. 440.04 (1) of the statutes is amended to read:
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, s. 464mh 23Section 464mh. 440.04 (2) of the statutes is amended to read:
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, s. 464mi 4Section 464mi. 440.04 (3) of the statutes is amended to read:
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, s. 464mj 8Section 464mj. 440.04 (4) of the statutes is amended to read:
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, s. 464mk 12Section 464mk. 440.04 (5) (intro.) of the statutes is amended to read:
AB1-ASA1-AA61,48,1413 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated
14credentialing boards:
AB1-ASA1-AA61, s. 464mL 15Section 464mL. 440.04 (5) (c) of the statutes is amended to read:
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, s. 464mm 18Section 464mm. 440.045 of the statutes is amended to read:
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, s. 464mn 23Section 464mn. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin
24Act 16
, is amended to read:
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, s. 464mo 4Section 464mo. 440.08 (2) (a) 21. of the statutes is amended to read:
AB1-ASA1-AA61,49,65 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each
6odd-numbered year; $343.
AB1-ASA1-AA61, s. 464mom 7Section 464mom. 440.08 (2) (a) 21m. of the statutes is created to read:
AB1-ASA1-AA61,49,98 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each
9odd-numbered year; $5.
AB1-ASA1-AA61, s. 464mp 10Section 464mp. 440.13 (2) (d) of the statutes is created to read:
AB1-ASA1-AA61,49,1311 440.13 (2) (d) With respect to a credential granted by the department under
12subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the
13credential when directed to do so by the department.
AB1-ASA1-AA61, s. 464mq 14Section 464mq. 440.14 (1) (a) of the statutes is amended to read:
AB1-ASA1-AA61,49,1715 440.14 (1) (a) "List" means information compiled or maintained by the
16department or, a credentialing board , or another board in the department that
17contains the personal identifiers of 10 or more individuals.
AB1-ASA1-AA61, s. 464mr 18Section 464mr. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:
AB1-ASA1-AA61,50,219 440.14 (2) If a form that the department or , a credentialing board, or another
20board in the department
requires an individual to complete in order to apply for a
21credential or credential renewal or to obtain a product or service from the
22department or the, credentialing board , or other board requires the individual to
23provide any of the individual's personal identifiers, the form shall include a place for
24the individual to declare that the individual's personal identifiers obtained by the
25department or the, credentialing board , or other board from the information on the

1form may not be disclosed on any list that the department or the, credentialing board,
2or other board
furnishes to another person.
AB1-ASA1-AA61,50,12 3(3) If the department or, a credentialing board, or another board in the
4department
requires an individual to provide, by telephone or other electronic
5means, any of the individual's personal identifiers in order to apply for a credential
6or credential renewal or to obtain a product or service from the department or a,
7credentialing board, or other board, the department or the, credentialing board, or
8other board
shall ask the individual at the time that the individual provides the
9information if the individual wants to declare that the individual's personal
10identifiers obtained by telephone or other electronic means may not be disclosed on
11any list that the department or the, credentialing board, or other board furnishes to
12another person.
AB1-ASA1-AA61,50,18 13(4) The department or, a credentialing board, or another board in the
14department
shall provide to an individual upon request a form that includes a place
15for the individual to declare that the individual's personal identifiers obtained by the
16department or, credentialing board, or other board may not be disclosed on any list
17that the department or, credentialing board, or other board furnishes to another
18person.
AB1-ASA1-AA61,50,22 19(5) (a) The department or, a credentialing board, or another board in the
20department
may not disclose on any list that it furnishes to another person a
21personal identifier of any individual who has made a declaration under sub. (2), (3),
22or (4).
AB1-ASA1-AA61,51,523 (b) Paragraph (a) does not apply to a list that the department or, a credentialing
24board, or another board in the department furnishes to another state agency, a law
25enforcement agency, or a federal governmental agency. A state agency that receives

1a list from the department or, a credentialing board, or another board in the
2department
containing a personal identifier of any individual who has made a
3declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any
4person other than a state agency, a law enforcement agency, or a federal
5governmental agency.
AB1-ASA1-AA61, s. 464ms 6Section 464ms. 440.22 (1) of the statutes is amended to read:
AB1-ASA1-AA61,51,15 7440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
8means the compensation and reasonable expenses of hearing examiners and of
9prosecuting attorneys for the department, examining board or, affiliated
10credentialing board, or other board in the department, a reasonable disbursement
11for the service of process or other papers, amounts actually paid out for certified
12copies of records in any public office, postage, telephoning, adverse examinations and
13depositions and copies, expert witness fees, witness fees and expenses, compensation
14and reasonable expenses of experts and investigators, and compensation and
15expenses of a reporter for recording and transcribing testimony.
AB1-ASA1-AA61, s. 464mt 16Section 464mt. 440.90 (1) of the statutes is renumbered 440.90 (1d).
AB1-ASA1-AA61, s. 464mu 17Section 464mu. 440.90 (1b) of the statutes is created to read:
AB1-ASA1-AA61,51,1818 440.90 (1b) "Board" means the cemetery board.
AB1-ASA1-AA61, s. 464mv 19Section 464mv. 440.90 (1c) of the statutes is created to read:
AB1-ASA1-AA61,51,2020 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
AB1-ASA1-AA61, s. 464mw 21Section 464mw. 440.90 (1g) of the statutes is created to read:
AB1-ASA1-AA61,51,2222 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).
AB1-ASA1-AA61, s. 464mx 23Section 464mx. 440.90 (1r) of the statutes is created to read:
AB1-ASA1-AA61,51,2424 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).
AB1-ASA1-AA61, s. 464my 25Section 464my. 440.90 (3g) of the statutes is created to read:
AB1-ASA1-AA61,52,1
1440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
AB1-ASA1-AA61, s. 464mz 2Section 464mz. 440.90 (3r) of the statutes is created to read:
AB1-ASA1-AA61,52,33 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
AB1-ASA1-AA61, s. 464na 4Section 464na. 440.90 (4e) of the statutes is created to read:
AB1-ASA1-AA61,52,55 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
AB1-ASA1-AA61, s. 464nb 6Section 464nb. 440.90 (4m) of the statutes is created to read:
AB1-ASA1-AA61,52,87 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that
8is licensed under s. 440.91 (1).
AB1-ASA1-AA61, s. 464nc 9Section 464nc. 440.90 (4r) of the statutes is created to read:
AB1-ASA1-AA61,52,1010 440.90 (4r) "Licensee" means a person licensed under this subchapter.
AB1-ASA1-AA61, s. 464nd 11Section 464nd. 440.90 (10m) of the statutes is created to read:
AB1-ASA1-AA61,52,1212 440.90 (10m) "Registrant" means a person registered under this subchapter.
AB1-ASA1-AA61, s. 464ne 13Section 464ne. 440.90 (10r) of the statutes is created to read:
AB1-ASA1-AA61,52,1514 440.90 (10r) "Religious cemetery authority" has the meaning given in s.
15157.061 (15m).
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