AB726: Bill Text

AB726,131 Section 131. 440.032 (6) (e) of the statutes is repealed.

AB726,132 Section 132. 440.032 (7) (title) of the statutes is repealed.

AB726,133 Section 133. 440.032 (7) (a) of the statutes is renumbered 459.45 (2) and amended to read:

AB726,35,6 459.45 (2) The department examining board may not promulgate rules that impose requirements for granting a license under s. 459.42 that are in addition to the requirements specified in sub. (3) s. 459.42.

AB726,134 Section 134. 440.032 (7) (b) of the statutes is renumbered 459.45 (1) (b) and amended to read:

AB726,35,17 459.45 (1) (b) After considering the recommendations of the council, the department shall promulgate Promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under sub. (3) s. 459.42. In promulgating rules under this paragraph, the department examining board shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department examining board shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.

AB726,135 Section 135. 440.032 (8) of the statutes is renumbered 459.46 and amended to read:

AB726,36,2 459.46 Disciplinary proceedings and actions. Subject to the rules promulgated under s. 440.03 (1), the department examining board may make investigations and conduct hearings to determine whether a violation of this section subchapter or any rule promulgated under this section subchapter has occurred and may reprimand a person who is licensed under sub. (3) s. 459.42 or may deny, limit, suspend, or revoke a license granted under sub. (3) s. 459.42 if it finds that the applicant or licensee has violated this section subchapter or any rule promulgated under this section subchapter.

AB726,136 Section 136. 440.032 (9) of the statutes is renumbered 459.47 and amended to read:

AB726,36,7 459.47 Penalty. A person who violates this section subchapter or any rule promulgated under this section subchapter may be fined not more than $200 or imprisoned for not more than 6 months or both.

AB726,137 Section 137. 440.317 of the statutes is repealed.

AB726,138 Section 138. 440.90 (1b) of the statutes is repealed.

AB726,139 Section 139. 440.905 of the statutes is repealed.

AB726,140 Section 140. 440.91 (1) (a) of the statutes is amended to read:

AB726,36,19 440.91 (1) (a) Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has $100,000 or more in trust fund accounts for a cemetery shall apply to the board department 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.

AB726,141 Section 141. 440.91 (1) (b) (intro.) of the statutes is amended to read:

AB726,36,22 440.91 (1) (b) (intro.) The board department shall grant a license to a cemetery authority if all of the following are satisfied:

AB726,142 Section 142. 440.91 (1) (b) 1. of the statutes is amended to read:

AB726,37,4 440.91 (1) (b) 1. The cemetery authority submits an application for the license to the board department on a form provided by the board 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.

AB726,143 Section 143. 440.91 (1m) (a) of the statutes is amended to read:

AB726,37,14 440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that operates a cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery shall register with the board department. A cemetery authority that operates more than one cemetery shall submit a separate registration to the board department for each cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts.

AB726,144 Section 144. 440.91 (1m) (b) (intro.) of the statutes is amended to read:

AB726,37,17 440.91 (1m) (b) (intro.) The board department shall register a cemetery authority if all of the following are satisfied:

AB726,145 Section 145. 440.91 (1m) (b) 1. of the statutes is amended to read:

AB726,37,24 440.91 (1m) (b) 1. The cemetery authority submits an application for registration to the board department on a form provided by the board department. The application shall require the cemetery authority to provide the names and addresses 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.

AB726,146 Section 146. 440.91 (1m) (b) 2. of the statutes is amended to read:

AB726,38,2 440.91 (1m) (b) 2. The cemetery authority pays a $10 fee to the board department.

AB726,147 Section 147. 440.91 (2) (intro.) of the statutes is amended to read:

AB726,38,14 440.91 (2) (intro.) Except as provided in sub. (10), every individual who sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board under this subchapter. An individual may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board department that the individual is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board department, in such form as the board department prescribes, all of the following information:

AB726,148 Section 148. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB726,38,17 440.92 (1) (b) (intro.) The board department shall issue a certificate of licensure as a cemetery preneed seller to any person who does all of the following:

AB726,149 Section 149. 440.92 (1) (bm) of the statutes is amended to read:

AB726,38,23 440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board department that it proposes to take an action specified in s. 157.08 (2) (b) and the board department does not object to the action under s. 157.08 (2) (b), the board department shall revoke the license and require the cemetery authority to reapply for a license under this subsection.

AB726,150 Section 150. 440.92 (2) (a) 4. a. of the statutes is amended to read:

AB726,39,4 440.92 (2) (a) 4. a. At the time that the preneed sales contract is entered into, the preneed seller shall provide the purchaser with the name, address and telephone number of the warehouse and inform the purchaser that the warehouse is approved by the board department.

AB726,151 Section 151. 440.92 (6) (a) of the statutes is amended to read:

AB726,39,11 440.92 (6) (a) Every preneed seller licensed under sub. (1) shall file an annual report with the board department. The report shall be made on a form prescribed and furnished by the board department. The report shall be made on a calendar-year basis unless the board department, 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.

AB726,152 Section 152. 440.92 (6) (d) of the statutes is amended to read:

AB726,39,18 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the board department 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 children and families or a county child support agency under s. 59.53 (5).

AB726,153 Section 153. 440.92 (6) (e) of the statutes is amended to read:

AB726,39,21 440.92 (6) (e) The board department shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section.

AB726,154 Section 154. 440.92 (6) (h) of the statutes is amended to read:

AB726,40,2 440.92 (6) (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 board department may promulgate rules to establish longer time periods for maintaining records under this paragraph.

AB726,155 Section 155. 440.92 (6) (i) of the statutes is amended to read:

AB726,40,6 440.92 (6) (i) The board department may promulgate rules requiring preneed sellers licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

AB726,156 Section 156. 440.92 (6) (j) of the statutes is amended to read:

AB726,40,14 440.92 (6) (j) The board department may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which that 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.

AB726,157 Section 157. 440.92 (6) (k) of the statutes is amended to read:

AB726,40,18 440.92 (6) (k) The board department 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.

AB726,158 Section 158. 440.92 (7) of the statutes is amended to read:

AB726,41,9 440.92 (7) Approval of warehouses. No person may own or operate a warehouse unless the warehouse is approved by the board department. Upon application, the board department shall approve a warehouse that is located in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The board department shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state. The rules shall require warehouses that are located outside this state to file with the board department a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The board department shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f).

AB726,159 Section 159. 440.93 (1) (intro.) of the statutes is amended to read:

AB726,41,17 440.93 (1) (intro.) The board department may reprimand a 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 licensee, or, if the applicant or 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 licensee, has done any of the following:

AB726,160 Section 160. 440.987 of the statutes is repealed.

AB726,161 Section 161. 443.01 (2) of the statutes is amended to read:

AB726,42,4 443.01 (2) "Engineer-in-training" means a person who is a graduate in an engineering curriculum of 4 years or more from a school or college approved by the professional engineer section of the examining board as of satisfactory standing, or a person who has had 4 years or more of experience in engineering work of a character satisfactory to the professional engineer section examining board; and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to the completion of the requisite years in engineering work, as provided in s. 443.05, and who has been granted a certificate of record by the professional engineer section examining board stating that the person has successfully passed this portion of the professional examinations.

AB726,162 Section 162. 443.015 (1) of the statutes is amended to read:

AB726,42,8 443.015 (1) Each section of the The examining board may establish continuing education requirements for renewal of a credential issued by that section under this chapter.

AB726,163 Section 163. 443.015 (2) of the statutes is amended to read:

AB726,42,13 443.015 (2) Each section of the The examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section under this chapter.

AB726,164 Section 164. 443.03 (1) (intro.) of the statutes is amended to read:

AB726,42,17 443.03 (1) (intro.) An applicant for registration as an architect shall submit as satisfactory evidence to the architect section of the examining board all of the following:

AB726,165 Section 165. 443.03 (1) (b) 1m. of the statutes is amended to read:

AB726,42,23 443.03 (1) (b) 1m. A diploma of graduation, or a certificate, from an architectural school or college approved by the architect section examining board as of satisfactory standing, together with at least 2 years' practical experience of a character satisfactory to the architect section examining board in the design and construction of buildings.

AB726,166 Section 166. 443.03 (1) (b) 2. of the statutes is amended to read:

AB726,43,3 443.03 (1) (b) 2. A specific record of 7 or more years of experience in architectural work of a character satisfactory to the architect section examining board in the design and construction of buildings.

AB726,167 Section 167. 443.03 (2) of the statutes is amended to read:

AB726,43,12 443.03 (2) Graduation in architecture from a school or college approved by the architect section examining board as of satisfactory standing shall be considered as equivalent to 5 years of experience, and the completion satisfactory to the architect section examining board of each year of work in architecture in such school or college without graduation shall be considered equivalent to one year of experience. Graduation in a course other than architecture from a school or college approved by the architect section examining board as of satisfactory standing shall be considered as equivalent to not more than 4 years of experience.

AB726,168 Section 168. 443.035 (intro.) of the statutes is amended to read:

AB726,43,16 443.035 Registration requirements for landscape architects. (intro.) The landscape architect section of the examining board shall register as a landscape architect an individual who does all of the following:

AB726,169 Section 169. 443.035 (1) (intro.) of the statutes is amended to read:

AB726,43,19 443.035 (1) (intro.) Submits to the department evidence satisfactory to the landscape architect section examining board of any of the following:

AB726,170 Section 170. 443.035 (1) (a) of the statutes is amended to read:

AB726,43,25 443.035 (1) (a) That he or she has a bachelor's degree in landscape architecture, or a master's degree in landscape architecture, from a curriculum approved by the landscape architect section examining board and has at least 2 years of practical experience in landscape architecture of a character satisfactory to the landscape architect section examining board.

AB726,171 Section 171. 443.035 (1) (b) of the statutes is amended to read:

AB726,44,6 443.035 (1) (b) That he or she has a specific record of at least 7 years of training and experience in the practice of landscape architecture including at least 2 years of courses in landscape architecture approved by the landscape architect section examining board, and 4 years of practical experience in landscape architecture of a character satisfactory to the landscape architect section examining board.

AB726,172 Section 172. 443.04 (intro.) of the statutes is amended to read:

AB726,44,11 443.04 Registration requirements for professional engineers. (intro.) An applicant for registration as a professional engineer shall submit satisfactory evidence to the professional engineer section of the examining board of all of the following:

AB726,173 Section 173. 443.04 (1m) of the statutes is amended to read:

AB726,44,18 443.04 (1m) A diploma of graduation, or a certificate, from an engineering school or college approved by the professional engineer section examining board as of satisfactory standing in an engineering course of not less than 4 years or a diploma of graduation or degree from a technical college approved by the professional engineer section examining board as of satisfactory standing in an engineering-related course of study of not less than 2 years.

AB726,174 Section 174. 443.04 (2m) (a) of the statutes is amended to read:

AB726,44,24 443.04 (2m) (a) For an applicant possessing a diploma or certificate from a course of study of not less than 4 years as specified in sub. (1m), a specific record of 4 or more years of experience in engineering work of a character satisfactory to the professional engineer section examining board and indicating that the applicant is competent to be placed in responsible charge of engineering work.

AB726,175 Section 175. 443.04 (2m) (b) of the statutes is amended to read:

AB726,45,5 443.04 (2m) (b) For an applicant possessing a diploma or degree from a course of study of not less than 2 years as specified in sub. (1m), a specific record of 6 or more years of experience in engineering work of a character satisfactory to the professional engineer section examining board and indicating that the applicant is competent to be placed in responsible charge of engineering work.

AB726,176 Section 176. 443.05 (1) (intro.) of the statutes is amended to read:

AB726,45,9 443.05 (1) (intro.) An applicant for certification as an engineer-in-training shall submit as satisfactory evidence to the professional engineer section of the examining board one of the following:

AB726,177 Section 177. 443.05 (1) (a) of the statutes is amended to read:

AB726,45,13 443.05 (1) (a) A diploma of graduation in engineering or a certificate in engineering from a school or college approved by the professional engineer section examining board as of satisfactory standing.

AB726,178 Section 178. 443.05 (1) (b) of the statutes is amended to read: