SB55-ASA1-AA1-AA30,40,22
157.62
(4) (title)
Records maintenance
; inspection.
SB55-ASA1-AA1-AA30,40,75
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
6records and contract copies under sub. (3) (b) available for inspection and copying by
7the board.
SB55-ASA1-AA1-AA30,40,1110
157.62
(5) (a) The department may promulgate rules establishing minimum
11standards for the format and maintenance of records required under this section.
SB55-ASA1-AA1-AA30,40,2214
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
15the department may audit, at reasonable times and frequency, the records, trust
16funds
, and accounts of any
registered cemetery authority
and shall audit the records,
17trust funds, and accounts of each licensed cemetery authority, including records,
18trust funds
, and accounts pertaining to services provided by a cemetery authority
19which are not otherwise subject to the requirements under this chapter. The
20department may conduct audits under this subsection on a random basis
, and
shall
21conduct all audits under this subsection without providing prior notice to the
22cemetery authority.
SB55-ASA1-AA1-AA30,41,424
157.62
(6) (b) If the department or board has cause to believe that a licensed
25or registered cemetery authority has not complied with the requirements of this
1subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
2department or board may require the cemetery authority to submit an audit
3conducted at the cemetery authority's expense by an independent certified public
4accountant in accordance with generally accepted auditing standards.
SB55-ASA1-AA1-AA30,41,9
7157.63 (title)
Reporting and auditing exemptions; certification of
8compliance of religious cemetery affiliated with religious society
9authority.
SB55-ASA1-AA1-AA30,41,1611
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 12cemetery authority
of a cemetery that is affiliated with a religious society organized
13under ch. 187 or that religious society or the church, synagogue, mosque,
14incorporated college of a religious order, or religious society organized under ch. 187
15that is affiliated with a religious cemetery authority may file an annual certification
16with the department as provided in this section.
SB55-ASA1-AA1-AA30,41,2218
157.63
(2) (b) A notarized statement of a person who is legally authorized to
19act on behalf of the religious
society cemetery authority under this section that,
20during the reporting period under s. 157.62, each cemetery and the
religious 21cemetery authority of each cemetery specified under par. (a) have either fully
22complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
SB55-ASA1-AA1-AA30,42,224
157.63
(3) If the statement under sub. (2) (b) includes a statement of
25substantial compliance, the statement under sub. (2) (b) must also specify those
1instances when the cemetery or
religious cemetery authority did not fully comply
2with s. 157.11 (9g) or 157.12 (3).
SB55-ASA1-AA1-AA30,42,74
157.63
(4) A certification under this section is effective for the 12-month period
5immediately following the reporting period under s. 157.62 (2) for which the
religious 6cemetery authority is certified under this section to have fully or substantially
7complied with ss. 157.11 (9g) and 157.12 (3).
SB55-ASA1-AA1-AA30,42,149
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
10order, or religious society that is affiliated with a cemetery to which a certification
11under this section applies is liable for the damages of any person that result from the
12failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
13(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
14compliance has been certified under this section.".
SB55-ASA1-AA1-AA30,42,16
151499x. Page 957, line 21: delete the material beginning with that line and
16ending with page 958, line 19, and substitute:
SB55-ASA1-AA1-AA30,43,2
18157.635 Regulations of religious cemetery affiliated with religious
19society authorities. Nothing in this subchapter prohibits a
religious cemetery
20authority
of a cemetery that is affiliated with a religious society organized under ch.
21187 from prohibiting the burial of the human remains of an individual in the
22cemetery if the individual was in a class of individuals who are prohibited
from being
23buried in the cemetery under regulations adopted by the
religious cemetery
24authority or
church, synagogue, mosque, incorporated college of a religious order, or
1religious society
from being buried in the cemetery that is affiliated with the religious
2cemetery authority.".
SB55-ASA1-AA1-AA30,43,10
5157.637 Rules; review of rules. (1) Before submitting to the legislative
6council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
7except for rules relating exclusively to religious cemetery authorities, the
8department shall submit the proposed rules to the board for comment. The board
9shall have 30 days to submit comments on the proposed rules to the secretary of
10regulation and licensing.
SB55-ASA1-AA1-AA30,43,14
11(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
12or to the board, except for rules relating exclusively to religious cemetery authorities,
13the department shall provide a copy of the rules to the board prior to publication of
14the rules in the official state newspaper.
SB55-ASA1-AA1-AA30,43,18
15(3) The chairperson of the board, or his or her designee from the board, may
16cochair with the secretary of regulation and licensing, or the secretary's designee,
17any public hearing held by the department on proposed rules relating to cemeteries
18or to the board other than rules relating exclusively to religious cemetery authorities.
SB55-ASA1-AA1-AA30,44,3
19(4) The department shall submit to the board a copy of the report required
20under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
21other than rules relating exclusively to religious cemetery authorities. The board
22may prepare a dissenting report stating its recommendations on the proposed final
23rules. Any dissenting report shall be prepared within 10 days from the date of receipt
24of the department's report, attached to the department's report and sent to the
25presiding officer of each house of the legislature and distributed under s. 227.19 (2).
1The department shall publish a statement to appear in the Wisconsin administrative
2register indicating that a dissenting report of the board has been submitted to the
3presiding officer of each house of the legislature.
SB55-ASA1-AA1-AA30,44,5
4(5) The department shall provide staff to assist the board in the review of
5administrative rules and preparation of comments or dissenting reports.
SB55-ASA1-AA1-AA30,44,87
157.64
(2) (d) Fails to file a report or files an incomplete, false
, or misleading
8report under s. 157.62
(1) or (2).
SB55-ASA1-AA1-AA30,44,1010
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
SB55-ASA1-AA1-AA30,44,1212
157.64
(2) (h) Violates s. 157.112.
SB55-ASA1-AA1-AA30,44,1814
157.65
(1) (a) If the
department of regulation and licensing board has reason
15to believe that any person, other than a religious cemetery authority, is violating or
16has violated this subchapter or any rule promulgated under this subchapter and that
17the continuation of that activity might cause injury to the public interest, the
18department of regulation and licensing may board shall investigate.
SB55-ASA1-AA1-AA30,44,2420
157.65
(1) (am) If the department of regulation and licensing has reason to
21believe that a religious cemetery authority is violating or has violated this
22subchapter or any rule promulgated under this subchapter and that the continuation
23of that activity might cause injury to the public interest, the department of
24regulation and licensing may investigate.
SB55-ASA1-AA1-AA30,45,4
1157.65
(1) (b) If the department of commerce has reason to believe that any
2person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
3continuation of that activity might cause injury to the public interest, the
4department of commerce
may shall investigate.
SB55-ASA1-AA1-AA30,45,166
157.65
(2) The department of justice or any district attorney, upon informing
7the department of justice, may commence an action in circuit court in the name of
8the state to restrain by temporary or permanent injunction any violation of this
9subchapter. The court may, prior to entry of final judgment, make such orders or
10judgments as may be necessary to restore to any person any pecuniary loss suffered
11because of the acts or practices involved in the action, if proof of such loss is submitted
12to the satisfaction of the court. The department of justice may subpoena persons and
13require the production of books and other documents, and may request
the board, the
14department of regulation and licensing
, or the department of commerce to exercise
15its authority under sub. (1) to aid in the investigation of alleged violations of this
16subchapter.".".
SB55-ASA1-AA1-AA30,45,21
20423.102 Scope. This chapter applies to all consumer transactions, except that
21subch. II does not apply to cemetery preneed sales under
s. ss. 440.92
and 440.922.".
SB55-ASA1-AA1-AA30,46,6
1440.03
(1) The department may promulgate rules defining uniform procedures
2to be used by the department,
the cemetery board, the real estate board, the real
3estate appraisers board, and all examining boards and affiliated credentialing
4boards attached to the department or an examining board, for receiving, filing
, and
5investigating complaints, for commencing disciplinary proceedings and for
6conducting hearings.
SB55-ASA1-AA1-AA30,46,118
440.03
(3) If the secretary reorganizes the department, no modification may
9be made in the powers and responsibilities of the examining boards
or, affiliated
10credentialing boards
, or other boards attached to the department or an examining
11board under s.
15.03, 15.405
, or 15.406.
SB55-ASA1-AA1-AA30,46,2213
440.03
(7m) The department may promulgate rules that establish procedures
14for submitting an application for a credential or credential renewal by electronic
15transmission. Any rules promulgated under this subsection shall specify procedures
16for complying with any requirement that a fee be submitted with the application.
17The rules may also waive any requirement in chs. 440 to 480 that an application
18submitted to the department, an examining board or an affiliated credentialing
19board be executed, verified,
certified, signed, sworn
, or made under oath,
20notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1)
21(a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a),
22452.10 (1)
, and 480.08 (2m).
SB55-ASA1-AA1-AA30,47,4
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.
SB55-ASA1-AA1-AA30,47,11
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).
SB55-ASA1-AA1-AA30,47,1613
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).".".
SB55-ASA1-AA1-AA30,47,2420
440.04
(1) Centralize, at the capital and in such district offices as the
21operations of the department and the attached
boards, examining boards
, and
22affiliated credentialing boards require, the routine housekeeping functions required
23by the department,
the boards, the examining boards
, and the affiliated
24credentialing boards.
SB55-ASA1-AA1-AA30,48,62
440.04
(2) Provide the bookkeeping, payroll, accounting
, and personnel
3advisory services required by the department and the legal services, except for
4representation in court proceedings and the preparation of formal legal opinions,
5required by the attached
boards, examining boards
, and affiliated credentialing
6boards.
SB55-ASA1-AA1-AA30,48,108
440.04
(3) Control the allocation, disbursement
, and budgeting of the funds
9received by the
boards, examining boards
, and affiliated credentialing boards in
10connection with their credentialing
and, regulation
, or other functions.
SB55-ASA1-AA1-AA30,48,1412
440.04
(4) Employ, assign
, and reassign such staff as are required by the
13department and the attached
boards, examining boards
, and affiliated credentialing
14boards in the performance of their functions.
SB55-ASA1-AA1-AA30,48,1716
440.04
(5) (intro.) With the advice of the
boards, examining boards
, or affiliated
17credentialing boards:
SB55-ASA1-AA1-AA30,48,2019
440.04
(5) (c) Provide such other services as the
boards, examining boards
, or
20affiliated credentialing boards request.
SB55-ASA1-AA1-AA30,48,25
22440.045 Disputes. Any dispute between
a board in the department, an
23examining board
, or an affiliated credentialing board and the secretary shall be
24arbitrated by the governor or the governor's designee after consultation with the
25disputants.
SB55-ASA1-AA1-AA30,49,5
2440.05 Standard fees. (intro.) The following standard fees apply to all initial
3credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51,
440.91 (1m) (a), 4442.06, 444.03, 444.05, 444.11, 447.04
(1) (c) 1. a. and (2) (c) 2., 449.17, 449.18
, and
5459.46:".".
SB55-ASA1-AA1-AA30,49,109
440.08
(2) (a) 21. Cemetery authority
, licensed: January 1 of each
10odd-numbered year; $343.
SB55-ASA1-AA1-AA30,49,1312
440.08
(2) (a) 21m. Cemetery authority, registered: January 1 of each
13odd-numbered year; $5.".".
