SB55-SSA1-SA2,458,2317
157.62
(2) (a)
Except as provided in ss. 157.625 and 157.63 (1), every Every 18cemetery authority
that is licensed under s. 440.91 (1) and, except as provided in s.
19157.63 (1), every cemetery authority that is a religious cemetery authority shall file
20an annual report with the department. The report shall be made on a form
21prescribed and furnished by the department. The report shall be made on a
22calendar-year basis unless the department, by rule, provides for other reporting
23periods. The report is due on the 60th day after the last day of the reporting period.
SB55-SSA1-SA2,459,2
1157.62
(2) (b) 1. A copy of any report required under
sub. (1) (a) or s. 180.1622
2or 181.1622.
SB55-SSA1-SA2,459,54
157.62
(2) (b) 1m. The percentage of burial spaces at the cemetery that are
5available for sale.
SB55-SSA1-SA2,459,87
157.62
(2) (b) 2. If the cemetery authority is required to file a report under s.
8180.1622 or 181.1622, the information specified in
sub. (1) (a) 3 subd. 7. c.
SB55-SSA1-SA2, s. 2852sg
9Section 2852sg. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b)
107. (intro.) and amended to read:
SB55-SSA1-SA2,459,1311
157.62
(2) (b) 7. (intro.)
The information specified in sub. (1) (a), to the extent
12applicable, if If the cemetery
is not required to file a report under sub. (1) (a) or s.
13180.1622 or 181.1622. authority is a cemetery association, all of the following:
SB55-SSA1-SA2,459,2015
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
16under sub. (2) (a) at its principal place of business and, except for those records
17relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
18the report available for inspection, upon reasonable notice, by any person with an
19interest in a
cemetery lot or a mausoleum burial space in a cemetery owned or
20operated by the cemetery authority.
SB55-SSA1-SA2,459,2322
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
23mausoleum burial space or cemetery merchandise.
SB55-SSA1-SA2,460,3
1157.62
(3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
2records identifying the section, lot, and site of each burial space and showing the
3location of each burial space on a map.
SB55-SSA1-SA2,460,55
157.62
(4) (title)
Records maintenance
; inspection.
SB55-SSA1-SA2,460,108
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
9records and contract copies under sub. (3) (b) available for inspection and copying by
10the board.
SB55-SSA1-SA2,460,1413
157.62
(5) (a) The department may promulgate rules establishing minimum
14standards for the format and maintenance of records required under this section.
SB55-SSA1-SA2, s. 2852so
15Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
16amended to read:
SB55-SSA1-SA2,460,2517
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
18the department may audit, at reasonable times and frequency, the records, trust
19funds
, and accounts of any
registered cemetery authority
and shall audit the records,
20trust funds, and accounts of each licensed cemetery authority, including records,
21trust funds
, and accounts pertaining to services provided by a cemetery authority
22which are not otherwise subject to the requirements under this chapter. The
23department may conduct audits under this subsection on a random basis
, and
shall
24conduct all audits under this subsection without providing prior notice to the
25cemetery authority.
SB55-SSA1-SA2,461,72
157.62
(6) (b) If the department or board has cause to believe that a licensed
3or registered cemetery authority has not complied with the requirements of this
4subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
5department or board may require the cemetery authority to submit an audit
6conducted at the cemetery authority's expense by an independent certified public
7accountant in accordance with generally accepted auditing standards.
SB55-SSA1-SA2,461,12
10157.63 (title)
Reporting and auditing exemptions; certification of
11compliance of religious cemetery affiliated with religious society
12authority.
SB55-SSA1-SA2,461,1914
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 15cemetery authority
of a cemetery that is affiliated with a religious society organized
16under ch. 187 or that religious society or the church, synagogue, mosque,
17incorporated college of a religious order, or religious society organized under ch. 187
18that is affiliated with a religious cemetery authority may file an annual certification
19with the department as provided in this section.
SB55-SSA1-SA2,461,2521
157.63
(2) (b) A notarized statement of a person who is legally authorized to
22act on behalf of the religious
society cemetery authority under this section that,
23during the reporting period under s. 157.62, each cemetery and the
religious 24cemetery authority of each cemetery specified under par. (a) have either fully
25complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
SB55-SSA1-SA2,462,52
157.63
(3) If the statement under sub. (2) (b) includes a statement of
3substantial compliance, the statement under sub. (2) (b) must also specify those
4instances when the cemetery or
religious cemetery authority did not fully comply
5with s. 157.11 (9g) or 157.12 (3).
SB55-SSA1-SA2,462,107
157.63
(4) A certification under this section is effective for the 12-month period
8immediately following the reporting period under s. 157.62 (2) for which the
religious 9cemetery authority is certified under this section to have fully or substantially
10complied with ss. 157.11 (9g) and 157.12 (3).
SB55-SSA1-SA2,462,1712
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
13order, or religious society that is affiliated with a cemetery to which a certification
14under this section applies is liable for the damages of any person that result from the
15failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
16(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
17compliance has been certified under this section.".
SB55-SSA1-SA2,462,23
19"child, brother, sister, or parent without the consent of the cemetery authority.
20This paragraph does not apply if the spouse, child, brother, sister, or parent is in a
21class of individuals who are prohibited under regulations adopted by a religious
22cemetery authority or affiliated religious association from being buried in the
23cemetery in which the burial space is located.".
SB55-SSA1-SA2,463,12
4157.635 Regulations of religious cemetery affiliated with religious
5society authorities. Nothing in this subchapter prohibits a
religious cemetery
6authority
of a cemetery that is affiliated with a religious society organized under ch.
7187 from prohibiting the burial of the human remains of an individual in the
8cemetery if the individual was in a class of individuals who are prohibited
from being
9buried in the cemetery under regulations adopted by the
religious cemetery
10authority or
church, synagogue, mosque, incorporated college of a religious order, or 11religious society
from being buried in the cemetery
that is affiliated with the religious
12cemetery authority.".
SB55-SSA1-SA2,463,20
15157.637 Rules; review of rules. (1) Before submitting to the legislative
16council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
17except for rules relating exclusively to religious cemetery authorities, the
18department shall submit the proposed rules to the board for comment. The board
19shall have 30 days to submit comments on the proposed rules to the secretary of
20regulation and licensing.
SB55-SSA1-SA2,463,24
21(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
22or to the board, except for rules relating exclusively to religious cemetery authorities,
23the department shall provide a copy of the rules to the board prior to publication of
24the rules in the official state newspaper.
SB55-SSA1-SA2,464,4
1(3) The chairperson of the board, or his or her designee from the board, may
2cochair with the secretary of regulation and licensing, or the secretary's designee,
3any public hearing held by the department on proposed rules relating to cemeteries
4or to the board other than rules relating exclusively to religious cemetery authorities.
SB55-SSA1-SA2,464,14
5(4) The department shall submit to the board a copy of the report required
6under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
7other than rules relating exclusively to religious cemetery authorities. The board
8may prepare a dissenting report stating its recommendations on the proposed final
9rules. Any dissenting report shall be prepared within 10 days from the date of receipt
10of the department's report, attached to the department's report and sent to the
11presiding officer of each house of the legislature and distributed under s. 227.19 (2).
12The department shall publish a statement to appear in the Wisconsin administrative
13register indicating that a dissenting report of the board has been submitted to the
14presiding officer of each house of the legislature.
SB55-SSA1-SA2,464,16
15(5) The department shall provide staff to assist the board in the review of
16administrative rules and preparation of comments or dissenting reports.
SB55-SSA1-SA2,464,1918
157.64
(2) (d) Fails to file a report or files an incomplete, false
, or misleading
19report under s. 157.62
(1) or (2).
SB55-SSA1-SA2,464,2121
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
SB55-SSA1-SA2,464,2323
157.64
(2) (h) Violates s. 157.112.
SB55-SSA1-SA2,465,5
1157.65
(1) (a) If the
department of regulation and licensing board has reason
2to believe that any person, other than a religious cemetery authority, is violating or
3has violated this subchapter or any rule promulgated under this subchapter and that
4the continuation of that activity might cause injury to the public interest, the
5department of regulation and licensing may board shall investigate.
SB55-SSA1-SA2,465,117
157.65
(1) (am) If the department of regulation and licensing has reason to
8believe that a religious cemetery authority is violating or has violated this
9subchapter or any rule promulgated under this subchapter and that the continuation
10of that activity might cause injury to the public interest, the department of
11regulation and licensing may investigate.
SB55-SSA1-SA2,465,1613
157.65
(1) (b) If the department of commerce has reason to believe that any
14person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
15continuation of that activity might cause injury to the public interest, the
16department of commerce
may shall investigate.
SB55-SSA1-SA2,466,318
157.65
(2) The department of justice or any district attorney, upon informing
19the department of justice, may commence an action in circuit court in the name of
20the state to restrain by temporary or permanent injunction any violation of this
21subchapter. The court may, prior to entry of final judgment, make such orders or
22judgments as may be necessary to restore to any person any pecuniary loss suffered
23because of the acts or practices involved in the action, if proof of such loss is submitted
24to the satisfaction of the court. The department of justice may subpoena persons and
25require the production of books and other documents, and may request
the board, the
1department of regulation and licensing
, or the department of commerce to exercise
2its authority under sub. (1) to aid in the investigation of alleged violations of this
3subchapter.".
SB55-SSA1-SA2,466,12
6165.07 Assistant attorney general — public intervenor. (1) The attorney
7general shall designate an assistant attorney general on the attorney general's staff
8as public intervenor. The head of each agency responsible for proceedings under chs.
930, 31, 281 to 285, and 289 to 299, except s. 281.48, shall give notice of those
10proceedings to the public intervenor, to the administrators of divisions primarily
11assigned the departmental functions under chs. 29, 281, 285, and 289 to 299, except
12s. 281.48, and to the natural areas preservation council.
SB55-SSA1-SA2,466,20
13(2) The public intervenor shall formally intervene in proceedings described in
14sub. (1) when requested to do so by an administrator of a division primarily assigned
15the departmental functions under chs. 29, 281, 285, or 289 to 299, except s. 281.48.
16The public intervenor may, on the public intervenor's own initiative or upon request
17of any committee of the legislature, formally intervene in proceedings described in
18sub. (1) whenever that intervention is needed for the protection of public rights in
19water and other natural resources, as provided in chs. 30 and 31 and defined by the
20supreme court.
SB55-SSA1-SA2,467,8
21(3) Personnel of the department of natural resources shall, upon the request
22of the public intervenor, make such investigations, studies, and reports as the public
23intervenor may request in connection with proceedings described in sub. (1), either
24before or after formal intervention. Personnel of state agencies shall, at the public
1intervenor's request, provide information, serve as witnesses in proceedings
2described in sub. (1), and otherwise cooperate in the carrying out of the public
3intervenor's intervention functions. The public intervenor shall formally intervene
4by filing a statement to that effect with the examiner or other person immediately
5in charge of the proceeding. Upon that filing, the public intervenor shall be
6considered a party in interest with full power to present evidence, subpoena and
7cross-examine witnesses, submit proof, file briefs, or do any other acts appropriate
8for a party to the proceedings.
SB55-SSA1-SA2,467,14
9(4) The public intervenor may appeal from administrative rulings to the courts.
10In all administrative proceedings and judicial review proceedings, the public
11intervenor shall be identified as "public intervenor." This section does not preclude
12or prevent any division of the department of natural resources, or any other
13department or independent agency, from appearing by its staff as a party in any
14proceedings.
SB55-SSA1-SA2,467,20
16165.075 Assistant attorney general; public intervenor; authority. In
17carrying out his or her duty to protect public rights in water and other natural
18resources, the public intervenor has the authority to initiate actions and proceedings
19before any agency or court in order to raise issues, including issues concerning
20constitutionality, present evidence and testimony, and make arguments.
SB55-SSA1-SA2,468,8
22165.076 Assistant attorney general; public intervenor; advisory
23committee. The attorney general shall appoint a public intervenor advisory
24committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
25consist of not less than 7 nor more than 9 members. The members shall have
1backgrounds in or demonstrated experience or records relating to environmental
2protection or natural resource conservation. At least one of the members shall have
3working knowledge in business. At least one of the members shall have working
4knowledge in agriculture. The public intervenor advisory committee shall advise the
5public intervenor consistent with his or her duty to protect public rights in water and
6other natural resources. The public intervenor advisory committee shall conduct
7meetings consistent with subch. V of ch. 19 and shall permit public participation and
8public comment on public intervenor activities.".
SB55-SSA1-SA2,468,1811
165.065
(2) The assistant attorney general in charge of antitrust investigations
12and prosecutions is to cooperate actively with the antitrust division of the U.S.
13department of justice in everything that concerns monopolistic practices in
14Wisconsin, and also to cooperate actively with the department of agriculture, trade
15and consumer protection in the work which this agency is carrying on
under s. 100.20
16of the marketing law with regard to monopolistic practices in the field of agriculture
17and with the federal trade commission on matters arising in or affecting Wisconsin
18which pertain to its jurisdiction.".
SB55-SSA1-SA2,469,421
165.25
(4) (ar) The department of justice shall
furnish all legal services
22required by represent the department of agriculture, trade and consumer protection
23in any court action relating to the enforcement of ss.
100.171, 100.173, 100.174,
24100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21,
1100.28, 100.50 and 100.51 and chs. 136, 344, 704, 707 and 779 100.01 to 100.03,
2100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27,
3100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any
4other services as are necessarily connected to the legal services.".
SB55-SSA1-SA2,469,117
165.25
(11) Consumer protection administration and enforcement.
8Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095,
9100.28, 100.31, 100.37 to 100.44, 100.46, and 100.50 and chs. 136, 344, 704, 707 and
10779. The department may issue general or special orders in administering and
11enforcing these provisions.".
SB55-SSA1-SA2,469,13
13"
Section 2858i. 165.85 (2) (a) of the statutes is renumbered 165.85 (2) (ah).
SB55-SSA1-SA2,469,1515
165.85
(2) (ac) "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).
