Amendment JR2 AA61-ASA1-AB1

AB1-ASA1-AA61,45,24 423.102 Scope. This chapter applies to all consumer transactions, except that subch. II does not apply to cemetery preneed sales under s. ss. 440.92 and 440.922.

AB1-ASA1-AA61, s. 464mb Section 464mb. 440.03 (1) of the statutes is amended to read:

AB1-ASA1-AA61,46,7 440.03 (1) The department may promulgate rules defining uniform procedures to be used by the department, the cemetery board, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing, and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

AB1-ASA1-AA61, s. 464mc Section 464mc. 440.03 (3) of the statutes is amended to read:

AB1-ASA1-AA61,46,12 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or, affiliated credentialing boards, or other boards attached to the department or an examining board under s. 15.03, 15.405, or 15.406.

AB1-ASA1-AA61, s. 464md Section 464md. 440.03 (7m) of the statutes is amended to read:

AB1-ASA1-AA61,46,23 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, certified, signed, sworn , or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).

AB1-ASA1-AA61, s. 464me Section 464me. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and amended to read:

AB1-ASA1-AA61,47,4 440.03 (13) (a) The Except as provided in par. (b), the department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record.

AB1-ASA1-AA61,47,11 (c) In conducting an investigation under this subsection par. (a) or (b), the department may require an applicant to provide any information that is necessary for the investigation or, for the purpose of obtaining information related to an arrest or conviction record of an applicant, to complete forms provided by the department of justice or the federal bureau of investigation. The department shall charge the applicant any fees, costs, or other expenses incurred in conducting the investigation under this subsection par. (a) or (b).

AB1-ASA1-AA61, s. 464mf Section 464mf. 440.03 (13) (b) of the statutes is created to read:

AB1-ASA1-AA61,47,16 440.03 (13) (b) Before granting a credential to a cemetery authority, cemetery salesperson, or preneed seller, or renewing such a credential, the department shall conduct an investigation to determine whether a person specified in s. 440.93 (1) (intro.) has been convicted of an offense specified in s. 440.93 (1) (d).

AB1-ASA1-AA61, s. 464mg Section 464mg. 440.04 (1) of the statutes is amended to read:

AB1-ASA1-AA61,47,22 440.04 (1) Centralize, at the capital and in such district offices as the operations of the department and the attached boards, examining boards, and affiliated credentialing boards require, the routine housekeeping functions required by the department, the boards, the examining boards , and the affiliated credentialing boards.

AB1-ASA1-AA61, s. 464mh Section 464mh. 440.04 (2) of the statutes is amended to read:

AB1-ASA1-AA61,48,3 440.04 (2) Provide the bookkeeping, payroll, accounting , and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached boards, examining boards , and affiliated credentialing boards.

AB1-ASA1-AA61, s. 464mi Section 464mi. 440.04 (3) of the statutes is amended to read:

AB1-ASA1-AA61,48,7 440.04 (3) Control the allocation, disbursement, and budgeting of the funds received by the boards, examining boards, and affiliated credentialing boards in connection with their credentialing and, regulation, or other functions.

AB1-ASA1-AA61, s. 464mj Section 464mj. 440.04 (4) of the statutes is amended to read:

AB1-ASA1-AA61,48,11 440.04 (4) Employ, assign, and reassign such staff as are required by the department and the attached boards, examining boards , and affiliated credentialing boards in the performance of their functions.

AB1-ASA1-AA61, s. 464mk Section 464mk. 440.04 (5) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,48,14 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated credentialing boards:

AB1-ASA1-AA61, s. 464mL Section 464mL. 440.04 (5) (c) of the statutes is amended to read:

AB1-ASA1-AA61,48,17 440.04 (5) (c) Provide such other services as the boards, examining boards, or affiliated credentialing boards request.

AB1-ASA1-AA61, s. 464mm Section 464mm. 440.045 of the statutes is amended to read:

AB1-ASA1-AA61,48,22 440.045 Disputes. Any dispute between a board in the department, an examining board, or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.

AB1-ASA1-AA61, s. 464mn Section 464mn. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA61,49,3 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.91 (1m) (a), 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:

AB1-ASA1-AA61, s. 464mo Section 464mo. 440.08 (2) (a) 21. of the statutes is amended to read:

AB1-ASA1-AA61,49,6 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each odd-numbered year; $343.

AB1-ASA1-AA61, s. 464mom Section 464mom. 440.08 (2) (a) 21m. of the statutes is created to read:

AB1-ASA1-AA61,49,9 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each odd-numbered year; $5.

AB1-ASA1-AA61, s. 464mp Section 464mp. 440.13 (2) (d) of the statutes is created to read:

AB1-ASA1-AA61,49,13 440.13 (2) (d) With respect to a credential granted by the department under subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the credential when directed to do so by the department.

AB1-ASA1-AA61, s. 464mq Section 464mq. 440.14 (1) (a) of the statutes is amended to read:

AB1-ASA1-AA61,49,17 440.14 (1) (a) "List" means information compiled or maintained by the department or, a credentialing board , or another board in the department that contains the personal identifiers of 10 or more individuals.

AB1-ASA1-AA61, s. 464mr Section 464mr. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:

AB1-ASA1-AA61,50,2 440.14 (2) If a form that the department or , a credentialing board, or another board in the department requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the, credentialing board , or other board requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the, credentialing board , or other board from the information on the form may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB1-ASA1-AA61,50,12 (3) If the department or, a credentialing board, or another board in the department requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a, credentialing board, or other board, the department or the, credentialing board, or other board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB1-ASA1-AA61,50,18 (4) The department or, a credentialing board, or another board in the department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department or, credentialing board, or other board may not be disclosed on any list that the department or, credentialing board, or other board furnishes to another person.

AB1-ASA1-AA61,50,22 (5) (a) The department or, a credentialing board, or another board in the department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4).

AB1-ASA1-AA61,51,5 (b) Paragraph (a) does not apply to a list that the department or, a credentialing board, or another board in the department furnishes to another state agency, a law enforcement agency, or a federal governmental agency. A state agency that receives a list from the department or, a credentialing board, or another board in the department containing a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency, or a federal governmental agency.

AB1-ASA1-AA61, s. 464ms Section 464ms. 440.22 (1) of the statutes is amended to read:

AB1-ASA1-AA61,51,15 440.22 Assessment of costs. (1) In this section, "costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board or, affiliated credentialing board, or other board in the department, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.

AB1-ASA1-AA61, s. 464mt Section 464mt. 440.90 (1) of the statutes is renumbered 440.90 (1d).

AB1-ASA1-AA61, s. 464mu Section 464mu. 440.90 (1b) of the statutes is created to read:

AB1-ASA1-AA61,51,18 440.90 (1b) "Board" means the cemetery board.

AB1-ASA1-AA61, s. 464mv Section 464mv. 440.90 (1c) of the statutes is created to read:

AB1-ASA1-AA61,51,20 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).

AB1-ASA1-AA61, s. 464mw Section 464mw. 440.90 (1g) of the statutes is created to read:

AB1-ASA1-AA61,51,22 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).

AB1-ASA1-AA61, s. 464mx Section 464mx. 440.90 (1r) of the statutes is created to read:

AB1-ASA1-AA61,51,24 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).

AB1-ASA1-AA61, s. 464my Section 464my. 440.90 (3g) of the statutes is created to read:

AB1-ASA1-AA61,52,1 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).

AB1-ASA1-AA61, s. 464mz Section 464mz. 440.90 (3r) of the statutes is created to read:

AB1-ASA1-AA61,52,3 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).

AB1-ASA1-AA61, s. 464na Section 464na. 440.90 (4e) of the statutes is created to read:

AB1-ASA1-AA61,52,5 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).

AB1-ASA1-AA61, s. 464nb Section 464nb. 440.90 (4m) of the statutes is created to read:

AB1-ASA1-AA61,52,8 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB1-ASA1-AA61, s. 464nc Section 464nc. 440.90 (4r) of the statutes is created to read:

AB1-ASA1-AA61,52,10 440.90 (4r) "Licensee" means a person licensed under this subchapter.

AB1-ASA1-AA61, s. 464nd Section 464nd. 440.90 (10m) of the statutes is created to read:

AB1-ASA1-AA61,52,12 440.90 (10m) "Registrant" means a person registered under this subchapter.

AB1-ASA1-AA61, s. 464ne Section 464ne. 440.90 (10r) of the statutes is created to read:

AB1-ASA1-AA61,52,15 440.90 (10r) "Religious cemetery authority" has the meaning given in s. 157.061 (15m).

AB1-ASA1-AA61, s. 464nf Section 464nf. 440.90 (14) of the statutes is repealed.

AB1-ASA1-AA61, s. 464ng Section 464ng. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:

AB1-ASA1-AA61,53,4 440.91 (1) (a) Except as provided in sub. (6m), every cemetery authority that operates a cemetery that is 5 acres or more in size, that sells or solicits the sale of a total of 10 20 or more cemetery lots or mausoleum burial spaces at a cemetery during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply to the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery, at which it sells 20 or more burial spaces or at which it has $100,000 or more in trust fund accounts.

AB1-ASA1-AA61, s. 464nh Section 464nh. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:

AB1-ASA1-AA61,53,7 440.91 (1) (b) Except as provided in s. 440.93 (1), the department shall grant a license to a cemetery authority if all of the following are satisfied:

AB1-ASA1-AA61,53,12 1. The cemetery authority submits an application for the license to the department on a form provided by the department. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

AB1-ASA1-AA61,53,14 2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees, costs, or expenses charged by the department under s. 440.03 (13) (c).

AB1-ASA1-AA61,53,17 (c) A licensed cemetery authority shall notify the department if it designates a substitute business representative to take the place of a business representative identified under par. (b) 1.

AB1-ASA1-AA61,53,22 (d) If a licensed cemetery authority notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b) 3., the department shall revoke the license granted under par. (b) and require the licensed cemetery authority to reapply for a license under par. (b).

AB1-ASA1-AA61,54,2 (e) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 10 burial spaces during a period of 2 consecutive calendar years.

AB1-ASA1-AA61,54,6 2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 10 or more burial spaces.

AB1-ASA1-AA61, s. 464ni Section 464ni. 440.91 (1m) of the statutes is created to read:

AB1-ASA1-AA61,54,15 440.91 (1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery authority that operates a cemetery for which a license is not required under sub. (1) shall register the cemetery with the department by paying a $5 registration fee and submitting an application on a form provided by the department that requires the applicant to provide the names of the officers of the cemetery authority and any other information that the department may require. A cemetery authority that operates more than one cemetery for which a license is not required under sub. (1) shall pay a separate registration fee and submit a separate application for each cemetery.

AB1-ASA1-AA61,54,17 (b) The renewal dates and renewal fees for registrations under par. (a) are specified in s. 440.08 (2) (a).

AB1-ASA1-AA61,54,20 (c) A cemetery authority is not required to register under par. (a) if it receives no income, other than gifts, from the sale of lots or services or from trust fund earnings.

AB1-ASA1-AA61, s. 464nj Section 464nj. 440.91 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,55,8 440.91 (2) (intro.) Except as provided in subs. (7) and (10), every individual who person that sells or solicits the sale of, or who that expects to sell or solicit the sale of, a total of 10 20 or more cemetery lots or mausoleum burial spaces during a 2 calendar year years shall register with be licensed by the department. An individual A person may not be registered licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department that the individual person is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and An applicant for licensure as a cemetery salesperson shall furnish to the department, in such form as the department prescribes, all of the following information:

AB1-ASA1-AA61, s. 464nk Section 464nk. 440.91 (2) (a) of the statutes is repealed and recreated to read:

AB1-ASA1-AA61,55,11 440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.

AB1-ASA1-AA61, s. 464nL Section 464nL. 440.91 (2) (b) and (c) of the statutes are repealed.

AB1-ASA1-AA61, s. 464nm Section 464nm. 440.91 (4) of the statutes is amended to read:

AB1-ASA1-AA61,55,19 440.91 (4) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a). An applicant for renewal of a cemetery salesperson license shall identify each individual that is exempt from licensure under sub. (7) and that the applicant has supervised during the prior 2 years.