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:
AB776, s. 165 6Section 165. 440.08 (2) (a) 21. of the statutes is amended to read:
AB776,56,87 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each
8odd-numbered year; $343.
AB776, s. 166 9Section 166. 440.08 (2) (a) 21m. of the statutes is created to read:
AB776,56,1110 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each
11odd-numbered year; $5.
AB776, s. 167 12Section 167. 440.13 (2) (d) of the statutes is created to read:
AB776,56,1513 440.13 (2) (d) With respect to a credential granted by the department under
14subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the
15credential when directed to do so by the department.
AB776, s. 168 16Section 168. 440.14 (1) (a) of the statutes is amended to read:
AB776,56,1917 440.14 (1) (a) "List" means information compiled or maintained by the
18department or, a credentialing board , or another board in the department that
19contains the personal identifiers of 10 or more individuals.
AB776, s. 169 20Section 169. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:
AB776,57,421 440.14 (2) If a form that the department or , a credentialing board, or another
22board in the department
requires an individual to complete in order to apply for a
23credential or credential renewal or to obtain a product or service from the
24department or the, credentialing board , or other board requires the individual to
25provide any of the individual's personal identifiers, the form shall include a place for

1the individual to declare that the individual's personal identifiers obtained by the
2department or the, credentialing board , or other board from the information on the
3form may not be disclosed on any list that the department or the, credentialing board,
4or other board
furnishes to another person.
AB776,57,14 5(3) If the department or, a credentialing board, or another board in the
6department
requires an individual to provide, by telephone or other electronic
7means, any of the individual's personal identifiers in order to apply for a credential
8or credential renewal or to obtain a product or service from the department or a,
9credentialing board, or other board, the department or the, credentialing board, or
10other board
shall ask the individual at the time that the individual provides the
11information if the individual wants to declare that the individual's personal
12identifiers obtained by telephone or other electronic means may not be disclosed on
13any list that the department or the, credentialing board, or other board furnishes to
14another person.
AB776,57,20 15(4) The department or, a credentialing board, or another board in the
16department
shall provide to an individual upon request a form that includes a place
17for the individual to declare that the individual's personal identifiers obtained by the
18department or, credentialing board, or other board may not be disclosed on any list
19that the department or, credentialing board, or other board furnishes to another
20person.
AB776,57,24 21(5) (a) The department or, a credentialing board, or another board in the
22department
may not disclose on any list that it furnishes to another person a
23personal identifier of any individual who has made a declaration under sub. (2), (3),
24or (4).
AB776,58,8
1(b) Paragraph (a) does not apply to a list that the department or, a credentialing
2board, or another board in the department furnishes to another state agency, a law
3enforcement agency, or a federal governmental agency. A state agency that receives
4a list from the department or, a credentialing board, or another board in the
5department
containing a personal identifier of any individual who has made a
6declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any
7person other than a state agency, a law enforcement agency, or a federal
8governmental agency.
AB776, s. 170 9Section 170. 440.22 (1) of the statutes is amended to read:
AB776,58,18 10440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
11means the compensation and reasonable expenses of hearing examiners and of
12prosecuting attorneys for the department, examining board or, affiliated
13credentialing board, or other board in the department, a reasonable disbursement
14for the service of process or other papers, amounts actually paid out for certified
15copies of records in any public office, postage, telephoning, adverse examinations and
16depositions and copies, expert witness fees, witness fees and expenses, compensation
17and reasonable expenses of experts and investigators, and compensation and
18expenses of a reporter for recording and transcribing testimony.
AB776, s. 171 19Section 171. 440.90 (1) of the statutes is renumbered 440.90 (1d).
AB776, s. 172 20Section 172. 440.90 (1b) of the statutes is created to read:
AB776,58,2121 440.90 (1b) "Board" means the cemetery board.
AB776, s. 173 22Section 173. 440.90 (1c) of the statutes is created to read:
AB776,58,2323 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
AB776, s. 174 24Section 174. 440.90 (1g) of the statutes is created to read:
AB776,58,2525 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).
AB776, s. 175
1Section 175. 440.90 (1r) of the statutes is created to read:
AB776,59,22 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).
AB776, s. 176 3Section 176. 440.90 (3g) of the statutes is created to read:
AB776,59,44 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
AB776, s. 177 5Section 177. 440.90 (3r) of the statutes is created to read:
AB776,59,66 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
AB776, s. 178 7Section 178. 440.90 (4e) of the statutes is created to read:
AB776,59,88 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
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