SECTION 2337q. 440.91 (10) of the statutes is amended to read:
440.91 (10) Nothing in this section requires an individual who is registered licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.
SECTION 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to read:
440.92 (1) (title) LICENSURE.
SECTION 2337s. 440.92 (1) (a) of the statutes is amended to read:
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.
SECTION 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:
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:
SECTION 2337u. 440.92 (1) (bm) of the statutes is created to read:
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.
SECTION 2337v. 440.92 (1) (e) of the statutes is amended to read:
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.
SECTION 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to read:
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:
(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.
SECTION 2337wf. 440.92 (6) (a), (i) and (j) of the statutes are amended to read:
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.
(i) The department 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.
(j) The department 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.
SECTION 2337wh. 440.92 (9) (a) of the statutes is amended to read:
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.
SECTION 2337wj. 440.92 (10) of the statutes is amended to read:
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.
SECTION 2337y. 440.93 (1) (intro.) of the statutes is amended to read:
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:
SECTION 2337z. 440.95 (1) of the statutes is amended to read:
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.".
8.
Page 1088, line 19: after that line insert:
"(1m) INITIAL APPOINTMENTS; CEMETERY BOARD. Notwithstanding section 15.405 (3m) of the statutes, as created by this act, the initial term of 2 of the initial members of the cemetery board shall be one year, the initial term of 2 of the initial members shall be 2 years, and the initial term of 2 of the initial members shall be 3 years.
(1p) RULES AND ORDERS; CEMETERY BOARD. All rules promulgated, and all orders issued, by the department of regulation and licensing relating to cemeteries that are in effect on the effective date of this subsection shall become rules of the cemetery board and shall remain in effect until their specified expiration dates or until amended, repealed, or rescinded by the cemetery board.".
(End)
LRBb0124LRBb0124/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
LFB:......Zimmerman - Notification that top prizes claimed in scratch-off lottery games
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1040, line 3: after that line insert:
"SECTION 2423r. 565.02 (3) (j) of the statutes is created to read:
565.02 (3) (j) Requiring retailers to display a sign provided by the department under s. 565.27 (5) that provides notice that the top prizes in a scratch-off game have been claimed.".
2.
Page 1041, line 5: after that line insert:
"SECTION 2427d. 565.10 (16) of the statutes is created to read:
565.10 (16) DISPLAYING NOTIFICATION THAT PRIZES CLAIMED. Each lottery retailer contract shall require the retailer to display a sign as provided by rule under s. 565.02 (3) (j) when the department notifies the retailer that the top prizes in a scratch-off game have been claimed.".
3.
Page 1041, line 12: after that line insert:
"SECTION 2428d. 565.27 (5) of the statutes is created to read:
565.27 (5) NOTIFICATION THAT PRIZES IN SCRATCH-OFF GAME CLAIMED. The department shall notify each retailer when the top prizes in a scratch-off game are claimed and shall provide retailers a sign for display that provides notice that the top prizes for a game have been claimed.".
4.
Page 1119, line 3: after that line insert:
"(19c) LOTTERY RETAILER CONTRACTS. The treatment of sections 565.02 (3) (j) and 565.10 (16) of the statutes first applies to lottery retailer contracts entered into or renewed on the effective date of this subsection.".
(End)
LRBb0125LRBb0125/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
LFB:......Zimmerman - Delete obsolete 1999-2000 provision from lottery appropriations
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 369, line 7: after that line insert:
"SECTION 439d. 20.566 (8) (r) of the statutes is amended to read:
20.566 (8) (r) Retailer compensation. From the lottery fund, a sum sufficient to pay compensation to retailers under s. 565.10 (14) (b). No moneys may be encumbered or expended from this appropriation account during 1999-00.
SECTION 439f. 20.566 (8) (v) of the statutes is amended to read:
20.566 (8) (v) Vendor fees. From the lottery fund, a sum sufficient to pay vendors for on-line and instant ticket services and supplies provided by the vendors under contract under s. 565.25 (2) (a). No moneys may be encumbered or expended from this appropriation account during 1999-00.".
(End)
LRBb0126LRBb0126/1
RLR:lmk:ch
2005 - 2006 LEGISLATURE
LFB:...... Zimmerman - Lottery employee conflict of interest provisions
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1040, line 4: delete lines 4 to 20.
2.
Page 1041, line 6: delete lines 6 to 12.
3.
Page 1118, line 21: delete lines 21 to 23.
(End)
LRBb0128LRBb0128/2
GMM:cjs:rs
2005 - 2006 LEGISLATURE
LFB:......Shanovich (RR) - Governor's Work-Based Learning Board
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 65, line 18: after that line insert:
"SECTION 42m. 15.07 (2) (k) of the statutes is repealed.".
2.
Page 67, line 18: after that line insert:
"SECTION 53m. 15.225 (3) of the statutes is repealed.".
3.
Page 299, line 20: delete lines 20 to 25.
4.
Page 300, line 1: delete lines 1 to 6 and substitute:
"SECTION 156d. 20.143 (1) (kj) of the statutes is amended to read:
20.143 (1) (kj) Gaming economic development and diversification; grants and loans. Biennially, the amounts in the schedule for grants and loans under ss. 560.137 and 560.138, for the grants under s. 560.139 (1) (a) and (2), and for the grants under 2001 Wisconsin Act 16, section 9110 (2k), (11pk), and (11zx), and for transfer to the appropriation account under s. 20.292 (1) (kd) of the amount in the schedule under s. 20.292 (1) (kd). Of the amounts in the schedule, $500,000 shall be allocated in each fiscal year for the grants under s. 560.137 (3m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall revert to the appropriation account under s. 20.505 (8) (hm).".
5.
Page 315, line 14: delete lines 14 to 17.
6.
Page 316, line 10: delete that line and substitute:
"SECTION 221d. 20.292 (1) (kd) of the statutes is amended to read:
20.292 (1) (kd) Transfer of Indian gaming receipts; work-based learning programs. The amounts in the schedule for work-based learning programs. All moneys transferred from the appropriation account under s. 20.143 (1) (kj) 20.505 (8) (hm) 18j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.143 (1) (kj) 20.505 (8) (hm) 18j.".
7.
Page 343, line 24: delete lines 24 and 25.
8.
Page 344, line 1: delete lines 1 and 2.
9.
Page 350, line 3: delete lines 3 to 9 and substitute:
"SECTION 350r. 20.445 (7) (title) of the statutes is repealed.
SECTION 352d. 20.445 (7) (em) of the statutes is renumbered 20.445 (1) (em).
SECTION 352g. 20.445 (7) (ga) of the statutes is renumbered 20.292 (1) (ga) and amended to read:
20.292 (1) (ga) Auxiliary services. All moneys received from fees collected under s. 106.12 (4) 38.40 (4r), for the delivery of services under s. 106.12 (4) 38.40 (4r).
SECTION 352j. 20.445 (7) (kb) of the statutes is repealed.
SECTION 352m. 20.445 (7) (kx) of the statutes is renumbered 20.292 (1) (kx) and amended to read:
20.292 (1) (kx) Interagency and intra-agency programs. All moneys received from other state agencies and all moneys received by the department board from the department board for the administration of programs or projects for which received.
SECTION 352p. 20.445 (7) (m) of the statutes is repealed.".
10.
Page 367, line 7: after that line insert:
