AB776: Bill Text

AB776, s. 144 Section 144. 157.64 (2) (d) of the statutes is amended to read:

AB776,51,15 157.64 (2) (d) Fails to file a report or files an incomplete, false, or misleading report under s. 157.62 (1) or (2).

AB776, s. 145 Section 145. 157.64 (2) (e) of the statutes is amended to read:

AB776,51,17 157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).

AB776, s. 146 Section 146. 157.64 (2) (h) of the statutes is created to read:

AB776,51,19 157.64 (2) (h) Violates s. 157.112.

AB776, s. 147 Section 147. 157.65 (1) (a) of the statutes is amended to read:

AB776,51,25 157.65 (1) (a) If the department of regulation and licensing board has reason to believe that any person, other than a religious cemetery authority, is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of regulation and licensing may board shall investigate.

AB776, s. 148 Section 148. 157.65 (1) (am) of the statutes is created to read:

AB776,52,6 157.65 (1) (am) If the department of regulation and licensing has reason to believe that a religious cemetery authority is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of regulation and licensing may investigate.

AB776, s. 149 Section 149. 157.65 (1) (b) of the statutes is amended to read:

AB776,52,11 157.65 (1) (b) If the department of commerce has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of commerce may shall investigate.

AB776, s. 150 Section 150. 157.65 (2) of the statutes is amended to read:

AB776,52,23 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board, the department of regulation and licensing, or the department of commerce to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB776, s. 151 Section 151. 423.102 of the statutes is amended to read:

AB776,53,2 423.102 Scope. This chapter applies to all consumer transactions, except that subch. II does not apply to cemetery preneed sales under s. ss. 440.92 and 440.922.

AB776, s. 152 Section 152. 440.03 (1) of the statutes is amended to read:

AB776,53,9 440.03 (1) The department may promulgate rules defining uniform procedures to be used by the department, the cemetery board, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing, and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

AB776, s. 153 Section 153. 440.03 (3) of the statutes is amended to read:

AB776,53,14 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or, affiliated credentialing boards, or other boards attached to the department or an examining board under s. 15.03, 15.405, or 15.406.

AB776, s. 154 Section 154. 440.03 (7m) of the statutes is amended to read:

AB776,53,25 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, certified, signed, sworn , or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).

AB776, s. 155 Section 155. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and amended to read:

AB776,54,6 440.03 (13) (a) The Except as provided in par. (b), the department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record.

AB776,54,13 (c) In conducting an investigation under this subsection par. (a) or (b), the department may require an applicant to provide any information that is necessary for the investigation or, for the purpose of obtaining information related to an arrest or conviction record of an applicant, to complete forms provided by the department of justice or the federal bureau of investigation. The department shall charge the applicant any fees, costs, or other expenses incurred in conducting the investigation under this subsection par. (a) or (b).

AB776, s. 156 Section 156. 440.03 (13) (b) of the statutes is created to read:

AB776,54,18 440.03 (13) (b) Before granting a credential to a cemetery authority, cemetery salesperson, or preneed seller, or renewing such a credential, the department shall conduct an investigation to determine whether a person specified in s. 440.93 (1) (intro.) has been convicted of an offense specified in s. 440.93 (1) (d).

AB776, s. 157 Section 157. 440.04 (1) of the statutes is amended to read:

AB776,54,24 440.04 (1) Centralize, at the capital and in such district offices as the operations of the department and the attached boards, examining boards, and affiliated credentialing boards require, the routine housekeeping functions required by the department, the boards, the examining boards , and the affiliated credentialing boards.

AB776, s. 158 Section 158. 440.04 (2) of the statutes is amended to read:

AB776,55,5 440.04 (2) Provide the bookkeeping, payroll, accounting, and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached boards, examining boards , and affiliated credentialing boards.

AB776, s. 159 Section 159. 440.04 (3) of the statutes is amended to read:

AB776,55,9 440.04 (3) Control the allocation, disbursement, and budgeting of the funds received by the boards, examining boards, and affiliated credentialing boards in connection with their credentialing and, regulation, or other functions.

AB776, s. 160 Section 160. 440.04 (4) of the statutes is amended to read:

AB776,55,13 440.04 (4) Employ, assign, and reassign such staff as are required by the department and the attached boards, examining boards , and affiliated credentialing boards in the performance of their functions.

AB776, s. 161 Section 161. 440.04 (5) (intro.) of the statutes is amended to read:

AB776,55,16 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated credentialing boards:

AB776, s. 162 Section 162. 440.04 (5) (c) of the statutes is amended to read:

AB776,55,19 440.04 (5) (c) Provide such other services as the boards, examining boards, or affiliated credentialing boards request.

AB776, s. 163 Section 163. 440.045 of the statutes is amended to read:

AB776,55,24 440.045 Disputes. Any dispute between a board in the department, an examining board, or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.

AB776, s. 164 Section 164. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB776,56,5 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.91 (1m) (a), 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:

AB776, s. 165 Section 165. 440.08 (2) (a) 21. of the statutes is amended to read:

AB776,56,8 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each odd-numbered year; $343.

AB776, s. 166 Section 166. 440.08 (2) (a) 21m. of the statutes is created to read:

AB776,56,11 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each odd-numbered year; $5.

AB776, s. 167 Section 167. 440.13 (2) (d) of the statutes is created to read:

AB776,56,15 440.13 (2) (d) With respect to a credential granted by the department under subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the credential when directed to do so by the department.

AB776, s. 168 Section 168. 440.14 (1) (a) of the statutes is amended to read:

AB776,56,19 440.14 (1) (a) "List" means information compiled or maintained by the department or, a credentialing board , or another board in the department that contains the personal identifiers of 10 or more individuals.

AB776, s. 169 Section 169. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:

AB776,57,4 440.14 (2) If a form that the department or , a credentialing board, or another board in the department requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the, credentialing board , or other board requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the, credentialing board , or other board from the information on the form may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB776,57,14 (3) If the department or, a credentialing board, or another board in the department requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a, credentialing board, or other board, the department or the, credentialing board, or other board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB776,57,20 (4) The department or, a credentialing board, or another board in the department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department or, credentialing board, or other board may not be disclosed on any list that the department or, credentialing board, or other board furnishes to another person.

AB776,57,24 (5) (a) The department or, a credentialing board, or another board in the department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4).

AB776,58,8 (b) Paragraph (a) does not apply to a list that the department or, a credentialing board, or another board in the department furnishes to another state agency, a law enforcement agency, or a federal governmental agency. A state agency that receives a list from the department or, a credentialing board, or another board in the department containing a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency, or a federal governmental agency.

AB776, s. 170 Section 170. 440.22 (1) of the statutes is amended to read:

AB776,58,18 440.22 Assessment of costs. (1) In this section, "costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board or, affiliated credentialing board, or other board in the department, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.

AB776, s. 171 Section 171. 440.90 (1) of the statutes is renumbered 440.90 (1d).

AB776, s. 172 Section 172. 440.90 (1b) of the statutes is created to read:

AB776,58,21 440.90 (1b) "Board" means the cemetery board.

AB776, s. 173 Section 173. 440.90 (1c) of the statutes is created to read:

AB776,58,23 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).

AB776, s. 174 Section 174. 440.90 (1g) of the statutes is created to read:

AB776,58,25 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).

AB776, s. 175 Section 175. 440.90 (1r) of the statutes is created to read:

AB776,59,2 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).

AB776, s. 176 Section 176. 440.90 (3g) of the statutes is created to read:

AB776,59,4 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).

AB776, s. 177 Section 177. 440.90 (3r) of the statutes is created to read:

AB776,59,6 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).

AB776, s. 178 Section 178. 440.90 (4e) of the statutes is created to read:

AB776,59,8 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).

AB776, s. 179 Section 179. 440.90 (4m) of the statutes is created to read:

AB776,59,11 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB776, s. 180 Section 180. 440.90 (4r) of the statutes is created to read:

AB776,59,13 440.90 (4r) "Licensee" means a person licensed under this subchapter.

AB776, s. 181 Section 181. 440.90 (10m) of the statutes is created to read:

AB776,59,15 440.90 (10m) "Registrant" means a person registered under this subchapter.

AB776, s. 182 Section 182. 440.90 (10r) of the statutes is created to read:

AB776,59,18 440.90 (10r) "Religious cemetery authority" has the meaning given in s. 157.061 (15m).

AB776, s. 183 Section 183. 440.90 (14) of the statutes is repealed.

AB776, s. 184 Section 184. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:

AB776,60,7 440.91 (1) (a) Except as provided in sub. (6m), every cemetery authority that operates a cemetery that is 5 acres or more in size, that sells or solicits the sale of a total of 10 20 or more cemetery lots or mausoleum burial spaces at a cemetery during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply to the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery, at which it sells 20 or more burial spaces or at which it has $100,000 or more in trust fund accounts.

AB776, s. 185 Section 185. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:

AB776,60,10 440.91 (1) (b) Except as provided in s. 440.93 (1), the department shall grant a license to a cemetery authority if all of the following are satisfied:

AB776,60,15 1. The cemetery authority submits an application for the license to the department on a form provided by the department. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

AB776,60,17 2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees, costs, or expenses charged by the department under s. 440.03 (13) (c).