Amendment ASA1-AB100

AB100-ASA1,877,24 440.92 (1) (title) Licensure.

AB100-ASA1, s. 2337s Section 2337s. 440.92 (1) (a) of the statutes is amended to read:

AB100-ASA1,878,5 440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered licensed under this subsection.

AB100-ASA1, s. 2337t Section 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,878,9 440.92 (1) (b) (intro.) The department board shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:

AB100-ASA1, s. 2337u Section 2337u. 440.92 (1) (bm) of the statutes is created to read:

AB100-ASA1,878,15 440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the board does not object to the action under s. 157.08 (2) (b) 3., the board shall revoke the license and require the cemetery authority to reapply for a license under this subsection.

AB100-ASA1, s. 2337v Section 2337v. 440.92 (1) (e) of the statutes is amended to read:

AB100-ASA1,878,20 440.92 (1) (e) Nothing in this subsection requires an individual who is registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.

AB100-ASA1, s. 2337wc Section 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to read:

AB100-ASA1,879,2 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:

AB100-ASA1,879,8 (b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.

AB100-ASA1, s. 2337wf Section 2337wf. 440.92 (6) (a), (d), (e), (h), (i), (j) and (k) of the statutes are amended to read:

AB100-ASA1,879,16 440.92 (6) (a) Every preneed seller registered licensed under sub. (1) shall file an annual report with the department board. The report shall be made on a form prescribed and furnished by the department board. The report shall be made on a calendar-year basis unless the department board, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.

AB100-ASA1,879,22 (d) All records described under pars. (b) 2. and (c) and maintained by the department board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

AB100-ASA1,879,24 (e) The department board shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section.

AB100-ASA1,880,5 (h) The records under par. (b) 1. shall be permanently maintained by the preneed seller. The records under par. (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The department board may promulgate rules to establish longer time periods for maintaining records under this paragraph.

AB100-ASA1,880,8 (i) The department board may promulgate rules requiring preneed sellers registered licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

AB100-ASA1,880,15 (j) The department board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller registered licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section. The department may conduct audits under this paragraph on a random basis, and shall conduct all audits under this paragraph without providing prior notice to the preneed seller.

AB100-ASA1,880,18 (k) The department board may promulgate rules establishing a filing fee to accompany the report required under par. (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.

AB100-ASA1, s. 2337wh Section 2337wh. 440.92 (9) (a) of the statutes is amended to read:

AB100-ASA1,880,25 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society files an annual certification with the department as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.

AB100-ASA1, s. 2337wj Section 2337wj. 440.92 (10) of the statutes is amended to read:

AB100-ASA1,881,4 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2337y Section 2337y. 440.93 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,881,13 440.93 (1) (intro.) The department board may reprimand a registrant licensee or deny, limit, suspend, or revoke a certificate of licensure of a cemetery authority, cemetery salesperson, or preneed seller if it finds that the applicant or registrant licensee, or, if the applicant or registrant, licensee is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds, or has the power to vote 5% or more of any class of security issued by the applicant or registrant licensee, has done any of the following:

AB100-ASA1, s. 2337z Section 2337z. 440.95 (1) of the statutes is amended to read:

AB100-ASA1,881,17 440.95 (1) Any cemetery authority that is required to register be licensed under s. 440.91 (1) and that knowingly fails to register be licensed may be fined not more than $100.

AB100-ASA1, s. 2338m Section 2338m. 440.992 (1) of the statutes is amended to read:

AB100-ASA1,881,22 440.992 (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) or whose application has been accepted under s. 440.9915 (2), if the individual has paid the fees specified in s. 440.9935 fee specified in s. 440.05 (1) (a).

AB100-ASA1, s. 2338p Section 2338p. 440.9935 of the statutes is amended to read:

AB100-ASA1,882,12 440.9935 Registration and renewal fees Renewal. An application for registration must be accompanied by a processing fee in an amount established in rules promulgated by the department. If the department determines to issue a certificate of registration to an applicant, the department shall require the applicant to pay a fee for issuing the certificate in an amount established in rules promulgated by the department. The renewal dates date and fee for certificates of registration issued under this subchapter are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include a fee in an amount established in rules promulgated by the department, except that for the first renewal after a certificate of registration is issued, the department shall prorate the fee based on the length of time between between issuance and renewal. The amounts established in the rules promulgated under this section shall be based on the department's administrative and enforcement costs attributable to processing applications and regulating athlete agents.

AB100-ASA1, s. 2338q Section 2338q. 446.02 (2) (c) of the statutes is created to read:

AB100-ASA1,882,17 446.02 (2) (c) The examining board shall issue a certificate to a chiropractor who is licensed under this chapter, who submits satisfactory evidence that the chiropractor has completed 48 hours of postgraduate study in nutrition that is approved by the examining board, and who pays a one-time certification fee of $25.

AB100-ASA1, s. 2338r Section 2338r. 446.02 (6m) of the statutes is created to read:

AB100-ASA1,882,23 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs, or nutritional supplements unless the chiropractor has been issued a certificate under sub. (2) (c). This subsection does not apply to a chiropractor licensed under this chapter who is certified as a dietician under subch. V of ch. 448.

AB100-ASA1, s. 2338v Section 2338v. 452.13 (2) (b) 3. of the statutes is amended to read:

AB100-ASA1,883,5 452.13 (2) (b) 3. Furnish the department of regulation and licensing with a letter authorizing the department of regulation and licensing and the department of administration commerce to examine and audit the interest-bearing common trust account whenever the department of regulation and licensing or the department of administration commerce considers it necessary.

AB100-ASA1, s. 2339 Section 2339. 452.13 (2) (bm) of the statutes is amended to read:

AB100-ASA1,883,9 452.13 (2) (bm) The department of regulation and licensing shall forward to the department of administration commerce the information and documents furnished under par. (b).

AB100-ASA1, s. 2340 Section 2340. 452.13 (2) (d) of the statutes is amended to read:

AB100-ASA1,883,13 452.13 (2) (d) The department of administration commerce is the beneficial owner of the interest accruing to the interest-bearing common trust account, minus any service charges or fees.

AB100-ASA1, s. 2341 Section 2341. 452.13 (2) (e) 1. of the statutes is amended to read:

AB100-ASA1,883,20 452.13 (2) (e) 1. Annually, before February 1, remit to the department of administration commerce the total interest or dividends, minus service charges or fees, earned on the average daily balance in the interest-bearing common trust account during the 12 months ending on the previous December 31. A depository institution is not required to remit any amount if the total interest or dividends for that period is less than $10 before any deduction for service charges or fees.

AB100-ASA1, s. 2342 Section 2342. 452.13 (2) (e) 2. of the statutes is amended to read:

AB100-ASA1,884,2 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the department of administration commerce and to the broker maintaining the interest-bearing common trust account a statement that includes the name of the broker for whose account the remittance is made, the rate of interest applied, the amount of service charges or fees deducted, if any, and the account balance for the period that the statement covers.

AB100-ASA1, s. 2343 Section 2343. 452.13 (2) (f) 2. of the statutes is amended to read:

AB100-ASA1,884,5 452.13 (2) (f) 2. May not assess a service charge or fee for an interest-bearing common trust account against the department of administration commerce.

AB100-ASA1, s. 2344 Section 2344. 452.13 (2) (f) 3. of the statutes is amended to read:

AB100-ASA1,884,11 452.13 (2) (f) 3. May deduct a service charge or fee from the interest earned by an interest-bearing common trust account, and if a balance remains, may deduct the remaining charge or fee from the interest earned on any other interest-bearing common trust account maintained in that depository institution, before remitting interest to the department of administration commerce.

AB100-ASA1, s. 2345 Section 2345. 452.13 (5) of the statutes is amended to read:

AB100-ASA1,884,15 452.13 (5) Rules. In consultation with the department of regulation and licensing, the department of administration commerce shall promulgate rules necessary to administer this section.

AB100-ASA1, s. 2345m Section 2345m. 457.02 (5m) of the statutes is amended to read:

AB100-ASA1,884,25 457.02 (5m) Authorize any individual who is certified or licensed under this chapter to treat alcohol or substance dependency or abuse as a specialty unless the individual is a substance abuse counselor, as defined in s. HFS 75.02 (84), Wis. Adm. Code certified alcohol and other drug abuse counselor under s. 440.75, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a substance abuse counselor under s. HFS 75.02 (84), Wis. Adm. Code certified alcohol and other drug abuse counselor under s. 440.75.

AB100-ASA1, s. 2346 Section 2346. 460.05 (1) (e) 1. of the statutes is amended to read:

AB100-ASA1,885,5 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 45.54 38.50 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).

AB100-ASA1, s. 2347 Section 2347. 460.05 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,885,10 460.05 (3) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies the requirements specified in sub. (1) (a) to (d), (g), and (h) and who includes with the application specified in sub. (1) (c) all of the following:

AB100-ASA1,885,13 (a) Evidence satisfactory to the department that, during the 2-year period after March 1, 2003, the person was actively engaged in the practice of massage therapy or bodywork.

AB100-ASA1,885,15 (b) An attestation that the person only recently became aware of the requirements of this chapter.

AB100-ASA1, s. 2347p Section 2347p. 560.031 of the statutes is created to read:

AB100-ASA1,885,21 560.031 Grants for ethanol production facilities. Notwithstanding ss. 560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after the effective date of this section .... [revisor inserts date], unless a competitive bidding process is used for the construction of the ethanol production facility.

AB100-ASA1, s. 2348m Section 2348m. 560.075 of the statutes is created to read:

AB100-ASA1,886,2 560.075 Repayment of grants, loans, and tax benefits. (1) In this section, "tax benefits" means the credits under ss. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), and (3t), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), and (3t), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), and (3t).

AB100-ASA1,886,10 (2) The department may not award a grant or loan under this chapter to a person or certify a person to receive tax benefits unless the department enters into an agreement with the person that requires the person to repay the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits and commences substantially the same economic activity outside this state.

AB100-ASA1, s. 2348q Section 2348q. 560.125 of the statutes is created to read:

AB100-ASA1,886,13 560.125 Diesel truck idling reduction grants. (1) Definitions. In this section:

AB100-ASA1,886,14 (a) "Common motor carrier" has the meaning given in s. 194.01 (1).

AB100-ASA1,886,15 (b) "Contract motor carrier" has the meaning given in s. 194.01 (2).

AB100-ASA1,886,19 (c) "Idling reduction unit" means a device that is installed on a diesel truck to reduce the long-duration idling of the truck by providing heat, air conditioning, or electricity to the truck while the truck is stationary and the main drive engine of the truck is not operating.

AB100-ASA1,886,23 (d) "Post-1998 diesel truck engine" means a heavy-duty highway diesel engine that complies with the air pollutant emission standards promulgated by the federal environmental protection agency under 42 USC 7521 for engine model year 1998 or a later engine model year.

AB100-ASA1,886,24 (e) "Private motor carrier" has the meaning given in s. 194.01 (11).

AB100-ASA1,886,25 (f) "Truck tractor" has the meaning given in s. 340.01 (73).

AB100-ASA1,887,3 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2011, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in subs. (3) and (4).

AB100-ASA1,887,5 (3) Eligible applicants. An applicant is eligible for a grant under this section only if all of the following apply:

AB100-ASA1,887,7 (a) The applicant is a common motor carrier, contract motor carrier, or private motor carrier that transports freight.

AB100-ASA1,887,8 (b) The applicant is headquartered in this state.

AB100-ASA1,887,12 (c) The applicant pays at least 30 percent of the eligible costs for each idling reduction unit covered by a grant under this section without the use of grants, loans, or other financial assistance from this state or from a local governmental unit in this state.

AB100-ASA1,887,15 (d) The applicant agrees to collect information relating to the operation and performance of each idling reduction unit covered by a grant under this section, as required by the department, and to report that information to the department.

AB100-ASA1,887,23 (4) Grants. (a) Except as provided in par. (b), the costs that an applicant has incurred or will incur to purchase and install an idling reduction unit on a truck tractor that is owned or operated by the applicant and that has a post-1998 diesel truck engine are eligible costs under this section if the use of the idling reduction unit will result, in the aggregate, in a decrease in the emissions of one or more air contaminants, as defined in s. 285.01 (1), from the truck tractor on which the idling reduction unit is installed or in a decrease in the use of energy by the truck tractor on which the idling reduction unit is installed.

AB100-ASA1,887,24 (b) The following costs are not eligible costs:

AB100-ASA1,888,2 1. The cost of shipping an idling reduction unit from the manufacturer to the facility where the idling reduction unit will be installed on the truck tractor.

AB100-ASA1,888,3 2. The cost of operating an idling reduction unit.

AB100-ASA1,888,4 3. The cost of maintaining an idling reduction unit.

AB100-ASA1,888,7 (c) Subject to par. (d), the department may make a grant under this section of up to 70 percent of the eligible costs for not more than the following number of idling reduction units:

AB100-ASA1,888,9 1. If the applicant owns and operates one truck tractor with a post-1998 diesel truck engine, one.

AB100-ASA1,888,11 2. If the applicant owns and operates at least 2 but not more than 10 truck tractors with post-1998 diesel truck engines, 2.

AB100-ASA1,888,13 3. If the applicant owns and operates at least 11 but not more than 50 truck tractors with post-1998 diesel truck engines, the greater of the following:

AB100-ASA1,888,14 a. Two.