AB776,81,19
15440.949 Rules; review of rules. (1) Before submitting any proposed rules
16relating to this subchapter, except for rules relating exclusively to religious cemetery
17authorities, to the legislative council staff under s. 227.15, the department shall
18submit the proposed rules to the board for comment. The board shall have 30 days
19to submit comments on the proposed rules to the secretary.
AB776,81,23
20(2) When promulgating emergency rules under s. 227.24 relating to this
21subchapter, except for rules relating exclusively to religious cemetery authorities,
22the department shall provide a copy of the rules to the board prior to publication of
23the rules in the official state newspaper.
AB776,82,2
24(3) The chairperson of the board, or his or her designee from the board, may
25cochair with the secretary, or the secretary's designee, any public hearing held by the
1department on proposed rules relating to this subchapter other than rules relating
2exclusively to religious cemetery authorities.
AB776,82,12
3(4) The department shall submit to the board a copy of the report required
4under s. 227.19 (2) on any proposed final rules relating to this subchapter other than
5rules relating exclusively to religious cemetery authorities. The board may prepare
6a dissenting report stating its recommendations on the proposed final rules. Any
7dissenting report shall be prepared within 10 days from the date of receipt of the
8department's report, attached to the department's report and sent to the presiding
9officer of each house of the legislature and distributed under s. 227.19 (2). The
10department shall publish a statement to appear in the Wisconsin administrative
11register indicating that a dissenting report of the board has been submitted to the
12presiding officer of each house of the legislature.
AB776,82,14
13(5) The department shall provide staff to assist the board in the review of
14administrative rules and preparation of comments or dissenting reports.
AB776, s. 268
15Section
268. 440.95 (1) of the statutes is amended to read:
AB776,82,1716
440.95
(1) Any cemetery authority that is required to register under s. 440.91
17(1) (1m) and that knowingly fails to register may be fined not more than $100.
AB776, s. 269
18Section
269. 440.95 (1m) of the statutes is created to read:
AB776,82,2219
440.95
(1m) Any cemetery authority that, without a license granted under s.
20440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery
21during a calendar year or has $100,000 or more in trust fund accounts for a cemetery
22may be fined not more than $100.
AB776, s. 270
23Section
270. 440.95 (2) of the statutes is amended to read:
AB776,83,224
440.95
(2) Any
individual who person that is required to
register be licensed 25as a cemetery salesperson under s. 440.91 (2) and
who fails to register that is not
1licensed may be fined not less than $25 nor more than $200 or imprisoned for not
2more than 6 months or both.
AB776, s. 271
3Section
271. 440.95 (2m) of the statutes is created to read:
AB776,83,64
440.95
(2m) Any person that is required to be licensed as a preneed seller under
5s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or
6imprisoned for not more than 90 days or both.
AB776, s. 272
7Section
272. 440.95 (4) (a) of the statutes is repealed.
AB776, s. 273
8Section
273. 440.95 (4) (c) of the statutes is amended to read:
AB776,83,109
440.95
(4) (c) Fails to file a report or files an incomplete, false
, or misleading
10report under s.
440.92 (6) 440.926.
AB776, s. 274
11Section
274. 440.95 (5) of the statutes is amended to read:
AB776,83,1512
440.95
(5) Except as provided in sub. (4), any person who violates
s. ss. 440.92
13to 440.927 or any rule promulgated under
s. ss. 440.92
to 440.927 may be required
14to forfeit not more than $200 for each offense. Each day of continued violation
15constitutes a separate offense.
AB776,83,1717
(1)
Definition. In this
Section:
AB776,83,1818
(a)
"Board" means the cemetery board.
AB776,83,2019
(b) "Cemetery association" has the meaning given in section 157.061 (1r) of the
20statutes.
AB776,84,221
(2)
Filing requirement. A cemetery association that was not required to be
22registered under section 440.91 (1), 1999 stats., and that is not organized or
23conducted for pecuniary profit shall, no later than the first day of the 6th month
24beginning after the effective date of this subsection, file with the department of
25financial institutions any copies of certifications, resolutions, or proceedings that the
1cemetery association delivered to the office of the register of deeds of the county in
2which the cemetery is located under section 157.062 (9), 1999 stats.
AB776,84,33
(3)
Initial appointments to cemetery board.
AB776,84,94
(a)
Notwithstanding section 15.405 (3m) (b) 1. and (c) of the statutes, as created
5by this act, the initial cemetery authority business representative members of the
6board need not be business representatives of a cemetery authority that is licensed
7under section 440.91 (1) of the statutes, as affected by this act, to be appointed to and
8serve as members of the board until the first day of the 13th month beginning after
9the effective date of this paragraph.
AB776,84,1310
(b) Notwithstanding section 15.07 (1) (cm) of the statutes, as affected by this
11act, and section 15.405 (3m) (b) 1. of the statutes, as created by this act, the initial
12members of the board shall be appointed by the first day of the 4th month beginning
13after the effective date of this paragraph for the following terms:
AB776,84,15
141. Two cemetery authority business representative members and one public
15member, for terms expiring on May 1, 2003.
AB776,84,17
162. One cemetery authority business representative member and one public
17member, for terms expiring on May 1, 2004.
AB776,84,19
183. One cemetery authority business representative member and the
19representative of the department of justice, for terms expiring on May 1, 2005.
AB776,84,2420
(4)
Preneed seller licenses. Notwithstanding section 440.92 (1) (a) and (b)
21(intro.) of the statutes, as affected by this act, the department of regulation and
22licensing shall issue a certificate of licensure as a cemetery preneed seller to any
23person who, on the effective date of this subsection, holds a valid certificate of
24registration as a cemetery preneed seller.
AB776,85,4
1(1)
Nondisclosure of certain information. The treatment of section 440.14
2(1) (a), (2), (3), (4), and (5) of the statutes first applies to lists furnished by a board
3in the department of regulation and licensing, other than a credentialing board, on
4the effective date of this subsection.
AB776, s. 277
5Section
277.
Effective dates. This act takes effect on the day after
6publication, except as follows:
AB776,85,87
(1) The treatment of section 69.18 (1) (bm) (intro.) (by
Section 14
) of the
8statutes takes effect on January 1, 2003.