AB776,46,87 157.62 (2) (b) 1. A copy of any report required under sub. (1) (a) or s. 180.1622
8or 181.1622.
AB776, s. 122 9Section 122. 157.62 (2) (b) 1m. of the statutes is created to read:
AB776,46,1110 157.62 (2) (b) 1m. The percentage of burial spaces at the cemetery that are
11available for sale.
AB776, s. 123 12Section 123. 157.62 (2) (b) 2. of the statutes is amended to read:
AB776,46,1413 157.62 (2) (b) 2. If the cemetery authority is required to file a report under s.
14180.1622 or 181.1622, the information specified in sub. (1) (a) 3 subd. 7. c.
AB776, s. 124 15Section 124. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b) 7.
16(intro.) and amended to read:
AB776,46,1917 157.62 (2) (b) 7. (intro.) The information specified in sub. (1) (a), to the extent
18applicable, if
If the cemetery is not required to file a report under sub. (1) (a) or s.
19180.1622 or 181.1622.
authority is a cemetery association, all of the following:
AB776, s. 125 20Section 125. 157.62 (3) (a) of the statutes is amended to read:
AB776,47,221 157.62 (3) (a) Every cemetery authority shall keep a copy of the report required
22under sub. (2) (a) at its principal place of business and, except for those records
23relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
24the report available for inspection, upon reasonable notice, by any person with an

1interest in a cemetery lot or a mausoleum burial space in a cemetery owned or
2operated by the cemetery authority.
AB776, s. 126 3Section 126. 157.62 (3) (b) 3. of the statutes is amended to read:
AB776,47,54 157.62 (3) (b) 3. A copy of each contract for the sale of a cemetery lot,
5mausoleum
burial space or cemetery merchandise.
AB776, s. 127 6Section 127. 157.62 (3) (c) of the statutes is created to read:
AB776,47,97 157.62 (3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
8records identifying the section, lot, and site of each burial space and showing the
9location of each burial space on a map.
AB776, s. 128 10Section 128. 157.62 (4) (title) of the statutes is amended to read:
AB776,47,1111 157.62 (4) (title) Records maintenance ; inspection.
AB776, s. 129 12Section 129. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).
AB776, s. 130 13Section 130. 157.62 (4) (b) of the statutes is created to read:
AB776,47,1614 157.62 (4) (b) A cemetery authority shall, upon reasonable notice, make the
15records and contract copies under sub. (3) (b) available for inspection and copying by
16the board.
AB776, s. 131 17Section 131. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).
AB776, s. 132 18Section 132. 157.62 (5) (a) of the statutes is created to read:
AB776,47,2019 157.62 (5) (a) The department may promulgate rules establishing minimum
20standards for the format and maintenance of records required under this section.
AB776, s. 133 21Section 133. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
22amended to read:
AB776,48,623 157.62 (6) (a) Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9) (e),
24the department may audit, at reasonable times and frequency, the records, trust
25funds, and accounts of any registered cemetery authority and shall audit the records,

1trust funds, and accounts of each licensed cemetery authority
, including records,
2trust funds, and accounts pertaining to services provided by a cemetery authority
3which are not otherwise subject to the requirements under this chapter. The
4department may conduct audits under this subsection on a random basis , and shall
5conduct all audits under this subsection
without providing prior notice to the
6cemetery authority.
AB776, s. 134 7Section 134. 157.62 (6) (b) of the statutes is created to read:
AB776,48,138 157.62 (6) (b) If the department or board has cause to believe that a licensed
9or registered cemetery authority has not complied with the requirements of this
10subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
11department or board may require the cemetery authority to submit an audit
12conducted at the cemetery authority's expense by an independent certified public
13accountant in accordance with generally accepted auditing standards.
AB776, s. 135 14Section 135. 157.625 of the statutes is repealed.
AB776, s. 136 15Section 136. 157.63 (title) of the statutes is amended to read:
AB776,48,18 16157.63 (title) Reporting and auditing exemptions; certification of
17compliance of
religious cemetery affiliated with religious society
18authority.
AB776, s. 137 19Section 137. 157.63 (1) of the statutes is amended to read:
AB776,48,2520 157.63 (1) In lieu of filing an annual report under s. 157.62 (2), a religious
21cemetery authority of a cemetery that is affiliated with a religious society organized
22under ch. 187 or that religious society
or the church, synagogue, mosque,
23incorporated college of a religious order, or religious society organized under ch. 187
24that is affiliated with a religious cemetery authority
may file an annual certification
25with the department as provided in this section.
AB776, s. 138
1Section 138. 157.63 (2) (b) of the statutes is amended to read:
AB776,49,62 157.63 (2) (b) A notarized statement of a person who is legally authorized to
3act on behalf of the religious society cemetery authority under this section that,
4during the reporting period under s. 157.62, each cemetery and the religious
5cemetery authority of each cemetery specified under par. (a) have either fully
6complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
AB776, s. 139 7Section 139. 157.63 (3) of the statutes is amended to read:
AB776,49,118 157.63 (3) If the statement under sub. (2) (b) includes a statement of
9substantial compliance, the statement under sub. (2) (b) must also specify those
10instances when the cemetery or religious cemetery authority did not fully comply
11with s. 157.11 (9g) or 157.12 (3).
AB776, s. 140 12Section 140. 157.63 (4) of the statutes is amended to read:
AB776,49,1613 157.63 (4) A certification under this section is effective for the 12-month period
14immediately following the reporting period under s. 157.62 (2) for which the religious
15cemetery authority is certified under this section to have fully or substantially
16complied with ss. 157.11 (9g) and 157.12 (3).
AB776, s. 141 17Section 141. 157.63 (6) of the statutes is amended to read:
AB776,49,2318 157.63 (6) The church, synagogue, mosque, incorporated college of a religious
19order, or
religious society that is affiliated with a cemetery to which a certification
20under this section applies is liable for the damages of any person that result from the
21failure of the cemetery or religious cemetery authority to fully comply with s. 157.11
22(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
23compliance has been certified under this section.
AB776, s. 142 24Section 142. 157.635 of the statutes is amended to read:
AB776,50,9
1157.635 Regulations of religious cemetery affiliated with religious
2society
authorities. Nothing in this subchapter prohibits a religious cemetery
3authority of a cemetery that is affiliated with a religious society organized under ch.
4187
from prohibiting the burial of the human remains of an individual in the
5cemetery if the individual was in a class of individuals who are prohibited from being
6buried in the cemetery
under regulations adopted by the religious cemetery
7authority or church, synagogue, mosque, incorporated college of a religious order, or
8religious society from being buried in the cemetery that is affiliated with the religious
9cemetery authority
.
AB776, s. 143 10Section 143. 157.637 of the statutes is created to read:
AB776,50,16 11157.637 Rules; review of rules. (1) Before submitting to the legislative
12council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
13except for rules relating exclusively to religious cemetery authorities, the
14department shall submit the proposed rules to the board for comment. The board
15shall have 30 days to submit comments on the proposed rules to the secretary of
16regulation and licensing.
AB776,50,20 17(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
18or to the board, except for rules relating exclusively to religious cemetery authorities,
19the department shall provide a copy of the rules to the board prior to publication of
20the rules in the official state newspaper.
AB776,50,24 21(3) The chairperson of the board, or his or her designee from the board, may
22cochair with the secretary of regulation and licensing, or the secretary's designee,
23any public hearing held by the department on proposed rules relating to cemeteries
24or to the board other than rules relating exclusively to religious cemetery authorities.
AB776,51,10
1(4) The department shall submit to the board a copy of the report required
2under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
3other than rules relating exclusively to religious cemetery authorities. The board
4may prepare a dissenting report stating its recommendations on the proposed final
5rules. Any dissenting report shall be prepared within 10 days from the date of receipt
6of the department's report, attached to the department's report and sent to the
7presiding officer of each house of the legislature and distributed under s. 227.19 (2).
8The department shall publish a statement to appear in the Wisconsin administrative
9register indicating that a dissenting report of the board has been submitted to the
10presiding officer of each house of the legislature.
AB776,51,12 11(5) The department shall provide staff to assist the board in the review of
12administrative rules and preparation of comments or dissenting reports.
AB776, s. 144 13Section 144. 157.64 (2) (d) of the statutes is amended to read:
AB776,51,1514 157.64 (2) (d) Fails to file a report or files an incomplete, false, or misleading
15report under s. 157.62 (1) or (2).
AB776, s. 145 16Section 145. 157.64 (2) (e) of the statutes is amended to read:
AB776,51,1717 157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).
AB776, s. 146 18Section 146. 157.64 (2) (h) of the statutes is created to read:
AB776,51,1919 157.64 (2) (h) Violates s. 157.112.
AB776, s. 147 20Section 147. 157.65 (1) (a) of the statutes is amended to read:
AB776,51,2521 157.65 (1) (a) If the department of regulation and licensing board has reason
22to believe that any person, other than a religious cemetery authority, is violating or
23has violated this subchapter or any rule promulgated under this subchapter and that
24the continuation of that activity might cause injury to the public interest, the
25department of regulation and licensing may board shall investigate.
AB776, s. 148
1Section 148. 157.65 (1) (am) of the statutes is created to read:
AB776,52,62 157.65 (1) (am) If the department of regulation and licensing has reason to
3believe that a religious cemetery authority is violating or has violated this
4subchapter or any rule promulgated under this subchapter and that the continuation
5of that activity might cause injury to the public interest, the department of
6regulation and licensing may investigate.
AB776, s. 149 7Section 149. 157.65 (1) (b) of the statutes is amended to read:
AB776,52,118 157.65 (1) (b) If the department of commerce has reason to believe that any
9person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
10continuation of that activity might cause injury to the public interest, the
11department of commerce may shall investigate.
AB776, s. 150 12Section 150. 157.65 (2) of the statutes is amended to read:
AB776,52,2313 157.65 (2) The department of justice or any district attorney, upon informing
14the department of justice, may commence an action in circuit court in the name of
15the state to restrain by temporary or permanent injunction any violation of this
16subchapter. The court may, prior to entry of final judgment, make such orders or
17judgments as may be necessary to restore to any person any pecuniary loss suffered
18because of the acts or practices involved in the action, if proof of such loss is submitted
19to the satisfaction of the court. The department of justice may subpoena persons and
20require the production of books and other documents, and may request the board, the
21department of regulation and licensing, or the department of commerce to exercise
22its authority under sub. (1) to aid in the investigation of alleged violations of this
23subchapter.
AB776, s. 151 24Section 151. 423.102 of the statutes is amended to read:
AB776,53,2
1423.102 Scope. This chapter applies to all consumer transactions, except that
2subch. II does not apply to cemetery preneed sales under s. ss. 440.92 and 440.922.
AB776, s. 152 3Section 152. 440.03 (1) of the statutes is amended to read:
AB776,53,94 440.03 (1) The department may promulgate rules defining uniform procedures
5to be used by the department, the cemetery board, the real estate board, the real
6estate appraisers board, and all examining boards and affiliated credentialing
7boards attached to the department or an examining board, for receiving, filing, and
8investigating complaints, for commencing disciplinary proceedings and for
9conducting hearings.
AB776, s. 153 10Section 153. 440.03 (3) of the statutes is amended to read:
AB776,53,1411 440.03 (3) If the secretary reorganizes the department, no modification may
12be made in the powers and responsibilities of the examining boards or, affiliated
13credentialing boards, or other boards attached to the department or an examining
14board under s. 15.03, 15.405, or 15.406.
AB776, s. 154 15Section 154. 440.03 (7m) of the statutes is amended to read:
AB776,53,2516 440.03 (7m) The department may promulgate rules that establish procedures
17for submitting an application for a credential or credential renewal by electronic
18transmission. Any rules promulgated under this subsection shall specify procedures
19for complying with any requirement that a fee be submitted with the application.
20The rules may also waive any requirement in chs. 440 to 480 that an application
21submitted to the department, an examining board or an affiliated credentialing
22board be executed, verified, certified, signed, sworn , or made under oath,
23notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1)
24(a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a),
25452.10 (1), and 480.08 (2m).
AB776, s. 155
1Section 155. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and
2amended to read:
AB776,54,63 440.03 (13) (a) The Except as provided in par. (b), the department may conduct
4an investigation to determine whether an applicant for a credential issued under chs.
5440 to 480 satisfies any of the eligibility requirements specified for the credential,
6including whether the applicant does not have an arrest or conviction record.
AB776,54,13 7(c) In conducting an investigation under this subsection par. (a) or (b), the
8department may require an applicant to provide any information that is necessary
9for the investigation or, for the purpose of obtaining information related to an arrest
10or conviction record of an applicant, to complete forms provided by the department
11of justice or the federal bureau of investigation. The department shall charge the
12applicant any fees, costs, or other expenses incurred in conducting the investigation
13under this subsection par. (a) or (b).
AB776, s. 156 14Section 156. 440.03 (13) (b) of the statutes is created to read:
AB776,54,1815 440.03 (13) (b) Before granting a credential to a cemetery authority, cemetery
16salesperson, or preneed seller, or renewing such a credential, the department shall
17conduct an investigation to determine whether a person specified in s. 440.93 (1)
18(intro.) has been convicted of an offense specified in s. 440.93 (1) (d).
AB776, s. 157 19Section 157. 440.04 (1) of the statutes is amended to read:
AB776,54,2420 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.
AB776, s. 158 25Section 158. 440.04 (2) of the statutes is amended to read:
AB776,55,5
1440.04 (2) Provide the bookkeeping, payroll, accounting, and personnel
2advisory services required by the department and the legal services, except for
3representation in court proceedings and the preparation of formal legal opinions,
4required by the attached boards, examining boards , and affiliated credentialing
5boards.
AB776, s. 159 6Section 159. 440.04 (3) of the statutes is amended to read:
AB776,55,97 440.04 (3) Control the allocation, disbursement, and budgeting of the funds
8received by the boards, examining boards, and affiliated credentialing boards in
9connection with their credentialing and, regulation, or other functions.
AB776, s. 160 10Section 160. 440.04 (4) of the statutes is amended to read:
AB776,55,1311 440.04 (4) Employ, assign, and reassign such staff as are required by the
12department and the attached boards, examining boards , and affiliated credentialing
13boards in the performance of their functions.
AB776, s. 161 14Section 161. 440.04 (5) (intro.) of the statutes is amended to read:
AB776,55,1615 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated
16credentialing boards:
AB776, s. 162 17Section 162. 440.04 (5) (c) of the statutes is amended to read:
AB776,55,1918 440.04 (5) (c) Provide such other services as the boards, examining boards, or
19affiliated credentialing boards request.
AB776, s. 163 20Section 163. 440.045 of the statutes is amended to read:
AB776,55,24 21440.045 Disputes. Any dispute between a board in the department, an
22examining board, or an affiliated credentialing board and the secretary shall be
23arbitrated by the governor or the governor's designee after consultation with the
24disputants.
AB776, s. 164
1Section 164. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act
216
, is amended to read:
AB776,56,5 3440.05 Standard fees. (intro.) The following standard fees apply to all initial
4credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.91 (1m) (a),
5444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:
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