7.
Page 410, line 21: after that line insert:
"SECTION 623c. 29.563 (3) (a) 5m. of the statutes is created to read:
29.563 (3) (a) 5m. Two-day inland lake trout fishing: $13.25.".
8.
Page 1127, line 10: after that line insert:
"(4q) TWO-DAY INLAND LAKE TROUT FISHING LICENSE. The treatment of sections 29.219 (3m), 29.2285 (1) (b) and (c), and 29.563 (3) (a) 5m. of the statutes takes effect on March 1, 2006.".
(End)
LRBb0119LRBb0119/3
PJH:jld:pg
2005 - 2006 LEGISLATURE
LFB:......Renner - Chiropractors may counsel on the use of vitamins, herbs, or supplements only with dietician's certificate or 48 hours postgraduate training
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 1020, line 3: after "444.11," insert "446.02 (2) (c),".
2.
Page 1026, line 12: after that line insert:
"SECTION 2337g. 446.02 (2) (c) of the statutes is created to read:
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.
SECTION 2337r. 446.02 (6m) of the statutes is created to read:
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.".
3.
Page 1128, line 3: after that line insert:
"(1c) CHIROPRACTIC CERTIFICATION. The treatment of section 446.02 (2) (c) and (6m) of the statutes takes effect on January 1, 2006.".
(End)
LRBb0120LRBb0120/3
PJH:wlj&cs:pg
2005 - 2006 LEGISLATURE
LFB:......Renner - Create cemetery board and regulate cemetery authorities and salespersons
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 17: after that line insert:
"SECTION 41g. 15.07 (1) (b) 23. of the statutes is created to read:
15.07 (1) (b) 23. Cemetery board.
SECTION 41m. 15.07 (1) (cm) of the statutes is amended to read:
15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year.
SECTION 41r. 15.07 (1) (cs) of the statutes is amended to read:
15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.".
2.
Page 65, line 24: after that line insert:
"SECTION 44m. 15.07 (3) (b) of the statutes is amended to read:
15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing or his or her designee within the department.".
3.
Page 66, line 1: before that line insert:
"SECTION 45g. 15.07 (3) (bm) 6. of the statutes is created to read:
15.07 (3) (bm) 6. The cemetery board shall meet at least 4 times each year.
SECTION 45m. 15.07 (5) (z) of the statutes is created to read:
15.07 (5) (z) Members of the cemetery board, $25 per day.".
4.
Page 68, line 7: after that line insert:
"SECTION 55m. 15.405 (3m) of the statutes is created to read:
15.405 (3m) CEMETERY BOARD. (a) In this subsection:
1. "Business representative" has the meaning given in s. 452.01 (3k).
2. "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).
(b) There is created in the department of regulation and licensing a cemetery board consisting of the following members, who shall serve 4-year terms:
1. Four members, each of whom is a business representative of a licensed cemetery authority.
2. Two public members.
(c) No member of the cemetery board may be a business representative of a religious cemetery authority, unless the religious cemetery is regulated by the board.
(d) No member of the cemetery board may serve more than 2 terms.".
5.
Page 969, line 7: after that line insert:
"SECTION 2081na. 157.061 (2g) of the statutes is created to read:
157.061 (2g) "Cemetery board" means the board created in s. 15.405 (3m).
SECTION 2081nb. 157.08 (2) (b) of the statutes is amended to read:
157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the department cemetery board in writing of the proposed sale or encumbrance. If within 60 days after the department cemetery board is notified of the proposed sale or encumbrance the department cemetery board notifies the cemetery authority in writing that the department cemetery board objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the department cemetery board subsequently notifies the cemetery authority in writing that the objection is withdrawn. The department cemetery board may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The department cemetery board may, before the expiration of the 60-day period, notify the cemetery authority in writing that the department cemetery board approves of the sale or encumbrance. Upon receipt of the department's cemetery board's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The department cemetery board shall make every effort to make determinations under this paragraph in an expeditious manner.
SECTION 2081nc. 157.08 (5) of the statutes is amended to read:
157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society organized under ch. 187, and sub. (2) (b) 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 2081nd. 157.11 (11) of the statutes is amended to read:
157.11 (11) EXEMPTION FOR CERTAIN NONPROFIT CEMETERIES. Subsection (9g) 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 2081ne. 157.128 (3) (b) of the statutes is amended to read:
157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by 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 2081ng. 157.19 (5) (a) of the statutes is amended to read:
157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of 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 2081ni. 157.625 (3) of the statutes is amended to read:
157.625 (3) Section 157.62 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 2081s. 157.65 (2) of the statutes is amended to read:
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 department of regulation and licensing board described in s. 15.405 (3m) or the department of commerce to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.".
6.
Page 1022, line 6: delete lines 6 to 8 and substitute:
"SECTION 2303k. 440.08 (2) (a) 21. of the statutes is amended to read:
440.08 (2) (a) 21. Cemetery authority, licensed: January 1 December 15 of each odd-numbered even-numbered year; $343, plus an amount to be determined by rule by the cemetery board.".
7.
Page 1026, line 12: after that line insert:
"SECTION 2337b. 440.90 (1) of the statutes is renumbered 440.90 (1c).
SECTION 2337c. 440.90 (1b) of the statutes is created to read:
440.90 (1b) "Board" means the cemetery board.
SECTION 2337d. 440.90 (4m) of the statutes is created to read:
440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).
SECTION 2337e. 440.90 (4r) of the statutes is created to read:
440.90 (4r) "Licensee" means a person licensed under this subchapter.
SECTION 2337g. 440.905 of the statutes is created to read:
440.905 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing on matters relating to cemeteries, to this chapter, or to the board.
(2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers.
SECTION 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:
440.91 (1) (a) Except as provided in sub. (6m), every Any 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 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 preneed 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 board 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 preneed trust fund accounts.
SECTION 2337i. 440.91 (1) (b) and (c) of the statutes are created to read:
440.91 (1) (b) The board shall grant a license to a cemetery authority if all of the following are satisfied:
1. The cemetery authority submits an application for the license to the board on a form provided by the board. 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.
2. The cemetery authority pays the fee specified in s. 440.05 (1).
(c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.
2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.
SECTION 2337k. 440.91 (2) (intro.) of the statutes is amended to read:
440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual who person that sells or solicits the sale of, or who that expects to sell or solicit the sale of, a total of 10 20 or more cemetery lots or mausoleum spaces per year during a 2 consecutive calendar year years shall register with be licensed by the department. An individual board. A person may not be registered licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department board that the individual person is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and An applicant for licensure as a cemetery salesperson shall furnish to the department board, in such form as the department board prescribes, all of the following information:
SECTION 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:
440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.
