SB55-ASA1-AA1-AA30,43,4 4" Section 2852yb. 157.637 of the statutes is created to read:
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, s. 2852ye 6Section 2852ye. 157.64 (2) (d) of the statutes is amended to read:
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, s. 2852yh 9Section 2852yh. 157.64 (2) (e) of the statutes is amended to read:
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, s. 2852yL 11Section 2852yL. 157.64 (2) (h) of the statutes is created to read:
SB55-ASA1-AA1-AA30,44,1212 157.64 (2) (h) Violates s. 157.112.
SB55-ASA1-AA1-AA30, s. 2852yo 13Section 2852yo. 157.65 (1) (a) of the statutes is amended to read:
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, s. 2852yr 19Section 2852yr. 157.65 (1) (am) of the statutes is created to read:
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, s. 2852yu 25Section 2852yu. 157.65 (1) (b) of the statutes is amended to read:
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, s. 2852yy 5Section 2852yy. 157.65 (2) of the statutes is amended to read:
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-AA30,45,17 1710. Page 1253, line 2: after that line insert:
SB55-ASA1-AA1-AA30,45,18 18"1696g. Page 1143, line 6: after that line insert:
SB55-ASA1-AA1-AA30,45,19 19" Section 3492m. 423.102 of the statutes is amended to read:
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-AA30,45,22 221696r. Page 1145, line 10: after that line insert:
SB55-ASA1-AA1-AA30,45,23 23" Section 3504b. 440.03 (1) of the statutes is amended to read:
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, s. 3504d 7Section 3504d. 440.03 (3) of the statutes is amended to read:
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, s. 3504f 12Section 3504f. 440.03 (7m) of the statutes is amended to read:
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, s. 3504h 23Section 3504h. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and
24amended to read:
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, s. 3504k 12Section 3504k. 440.03 (13) (b) of the statutes is created to read:
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-AA30,47,17 1711. Page 1253, line 3: delete lines 3 to12 and substitute:
SB55-ASA1-AA1-AA30,47,18 18"1698m. Page 1145, line 15: after that line insert:
SB55-ASA1-AA1-AA30,47,19 19" Section 3404q. 440.04 (1) of the statutes is amended to read:
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, s. 3404r
1Section 3404r. 440.04 (2) of the statutes is amended to read:
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, s. 3404s 7Section 3404s. 440.04 (3) of the statutes is amended to read:
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, s. 3404t 11Section 3404t. 440.04 (4) of the statutes is amended to read:
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, s. 3404u 15Section 3404u. 440.04 (5) (intro.) of the statutes is amended to read:
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, s. 3404v 18Section 3404v. 440.04 (5) (c) of the statutes is amended to read:
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, s. 3404w 21Section 3404w. 440.045 of the statutes is amended to read:
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, s. 3404x
1Section 3404x. 440.05 (intro.) of the statutes is amended to read:
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-AA30,49,6 612. Page 1253, line 23: after that line insert:
SB55-ASA1-AA1-AA30,49,7 7"1701m. Page 1148, line 25: after that line insert:
SB55-ASA1-AA1-AA30,49,8 8" Section 3529b. 440.08 (2) (a) 21. of the statutes is amended to read:
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, s. 3529c 11Section 3529c. 440.08 (2) (a) 21m. of the statutes is created to read:
SB55-ASA1-AA1-AA30,49,1312 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each
13odd-numbered year; $5.".".
SB55-ASA1-AA1-AA30,49,14 1413. Page 1254, line 3: after that line insert:
SB55-ASA1-AA1-AA30,49,15 15"1702m. Page 1156, line 6: after that line insert:
SB55-ASA1-AA1-AA30,49,16 16" Section 3592d. 440.13 (2) (d) of the statutes is created to read:
SB55-ASA1-AA1-AA30,49,1917 440.13 (2) (d) With respect to a credential granted by the department under
18subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the
19credential when directed to do so by the department.
SB55-ASA1-AA1-AA30, s. 3592h 20Section 3592h. 440.14 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,49,2321 440.14 (1) (a) "List" means information compiled or maintained by the
22department or, a credentialing board , or another board in the department that
23contains the personal identifiers of 10 or more individuals.
SB55-ASA1-AA1-AA30, s. 3592p 24Section 3592p. 440.14 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,50,9
1440.14 (2) If a form that the department or, a credentialing board, or another
2board in the department
requires an individual to complete in order to apply for a
3credential or credential renewal or to obtain a product or service from the
4department or the, credentialing board , or other board requires the individual to
5provide any of the individual's personal identifiers, the form shall include a place for
6the individual to declare that the individual's personal identifiers obtained by the
7department or the, credentialing board , or other board from the information on the
8form may not be disclosed on any list that the department or the, credentialing board,
9or other board
furnishes to another person.
SB55-ASA1-AA1-AA30, s. 3592pb 10Section 3592pb. 440.14 (3) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,50,2011 440.14 (3) If the department or, a credentialing board, or another board in the
12department
requires an individual to provide, by telephone or other electronic
13means, any of the individual's personal identifiers in order to apply for a credential
14or credential renewal or to obtain a product or service from the department or a,
15credentialing board, or other board, the department or the, credentialing board, or
16other board
shall ask the individual at the time that the individual provides the
17information if the individual wants to declare that the individual's personal
18identifiers obtained by telephone or other electronic means may not be disclosed on
19any list that the department or the, credentialing board, or other board furnishes to
20another person.
SB55-ASA1-AA1-AA30, s. 3592pd 21Section 3592pd. 440.14 (4) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,51,222 440.14 (4) The department or, a credentialing board, or another board in the
23department
shall provide to an individual upon request a form that includes a place
24for the individual to declare that the individual's personal identifiers obtained by the
25department or, credentialing board, or other board may not be disclosed on any list

1that the department or, credentialing board, or other board furnishes to another
2person.
SB55-ASA1-AA1-AA30, s. 3592pf 3Section 3592pf. 440.14 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,51,74 440.14 (5) (a) The department or, a credentialing board, or another board in the
5department
may not disclose on any list that it furnishes to another person a
6personal identifier of any individual who has made a declaration under sub. (2), (3),
7or (4).
SB55-ASA1-AA1-AA30,51,158 (b) Paragraph (a) does not apply to a list that the department or, a credentialing
9board, or another board in the department furnishes to another state agency, a law
10enforcement agency, or a federal governmental agency. A state agency that receives
11a list from the department or, a credentialing board, or another board in the
12department
containing a personal identifier of any individual who has made a
13declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any
14person other than a state agency, a law enforcement agency, or a federal
15governmental agency.
SB55-ASA1-AA1-AA30, s. 3592t 16Section 3592t. 440.22 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,51,25 17440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
18means the compensation and reasonable expenses of hearing examiners and of
19prosecuting attorneys for the department, examining board or, affiliated
20credentialing board, or other board in the department, a reasonable disbursement
21for the service of process or other papers, amounts actually paid out for certified
22copies of records in any public office, postage, telephoning, adverse examinations and
23depositions and copies, expert witness fees, witness fees and expenses, compensation
24and reasonable expenses of experts and investigators, and compensation and
25expenses of a reporter for recording and transcribing testimony.
SB55-ASA1-AA1-AA30, s. 3605gb
1Section 3605gb. 440.90 (1) of the statutes is renumbered 440.90 (1d).
SB55-ASA1-AA1-AA30, s. 3605gd 2Section 3605gd. 440.90 (1b) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,33 440.90 (1b) "Board" means the cemetery board.
SB55-ASA1-AA1-AA30, s. 3605gf 4Section 3605gf. 440.90 (1c) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,55 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
SB55-ASA1-AA1-AA30, s. 3605gh 6Section 3605gh. 440.90 (1g) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,77 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).
SB55-ASA1-AA1-AA30, s. 3605gj 8Section 3605gj. 440.90 (1r) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,99 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).
SB55-ASA1-AA1-AA30, s. 3605gL 10Section 3605gL. 440.90 (3g) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,1111 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
SB55-ASA1-AA1-AA30, s. 3605gn 12Section 3605gn. 440.90 (3r) of the statutes is created to read:
Loading...
Loading...