Dept. of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by March 5, 1997 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 157.19, 157.62 (2) and (7), 227.11 (2), 440.91,440.92 (6) and (7)
Statutes interpreted: ss. 157.11, 157.19, 157.62, 157.63, 440.91 and 440.92
In this proposed rule-making order, the Department of Regulation and Licensing renumbers ch. RL 50 to ch. RL 51 and creates a new ch. RL 50 which defines a term used in ch. 440, Stats., and which specifies the additional information which the Department may require of applicants for registration as a cemetery authority, a cemetery salesperson or a preneed seller. 1989 Wis. Act 307 initially required the Department to establish by rule fees for the registration of cemeteries, cemetery salespersons and preneed sellers of cemetery merchandise. The Act also stated and continues to state that the Department may establish by rule a report filing fee. Ch.RL 50 initially established such fees; however, the Biennial Budget Bill, 1991 Wis. Act 39, created statutory fees for registering cemetery authorities, cemetery salespersons and preneed sellers. Therefore, ch. RL 50 was amended to remove the registration fees. It still requires a $40.00 reporting filing fee, with some exceptions. This rule proposal repeals the report filing fee required of cemetery authorities and preneed sellers of cemetery merchandise. The Department proposes removing the report filing fee from the rules because the registration renewal fees in s. 440.08 (2) (a) 21, 22 and 23, Stats., are based on a formula which includes the costs of regulation and enforcement. This formula is used to determine the renewal fees of all professions and occupations regulated by the Department. Costs associated with reviewing annual reports and conducting financial audits of care accounts and preneed trust accounts should be included in the registration renewal fee. There is no need for a separate report filing fee in the rule. The rule proposal also repeals obsolete provisions, removes the requirement that certain application forms or requests be notarized and clarifies several existing provisions in the rules.
Text of Rule
SECTION 1. Chapter RL 50 is renumbered chapter RL 51 and s. RL 51.02 is amended to read:
RL 51.02 Filing of annual reports. Cemetery authorities required to file an annual report under s. 157.62 (2), Stats., and preneed sellers required to file an annual report under s. 440.92 (6), Stats., shall do so on or before the 60th day after the last day of the reporting period. The annual reports shall be accompanied by the filing fee required under s. RL 50.05 April 1 of each year.
SECTION 2. RL 50.03 and 50.05 are repealed.
SECTION 3. Chapter RL 50 is created to read:
Chapter RL 50
AUTHORITY, DEFINITIONS AND
APPLICATIONS FOR REGISTRATION
RL 50.01 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.91 and 440.92, Stats.
RL 50.02 Definition. In s. 440.91 (2), Stats. and chs. RL 50 to 54, “expects to sell” means that an individual, after reviewing past sales of a prospective employing cemetery authority and current and anticipated market conditions affecting the sale of the employing cemetery's cemetery lots, reasonably believes that he or she will sell or solicit the sale of a total of 10 or more cemetery lots or mausoleum spaces during a calendar year.
RL 50.03 Applications for cemetery authority, cemetery salesperson and preneed seller. (1) OTHER INFORMATION. In addition to the information which the department must require of applicants for registration as a cemetery authority, a cemetery salesperson or a preneed seller pursuant to ss. 440.91 and 440.92, Stats., the department may require all of the following:
(a) Information about any crimes committed by the applicant and any charges pending against the applicant.
(b) Information about any surrender, resignation, cancellation or denial of an application for a credential or any disciplinary action taken against a credential held by the applicant in Wisconsin or another licensing jurisdiction.
(c) Information about any disciplinary action pending against the applicant in any jurisdiction and relating to a credential held by the applicant.
(d) Information about any suits or claims ever having been filed against an applicant as a result of professional services rendered by the applicant.
(e) Information from an applicant for registration as a cemetery salesperson, relating to whether the applicant expects to sell 10 or more cemetery lots or mausoleum spaces during a calendar year.
(2) BASIS FOR DENIAL OF APPLICATION. The department may limit or deny an application for registration as a cemetery authority, cemetery salesperson or preneed seller for any of the grounds for which the department may discipline a credential holder under s. 440.93, Stats.
SECTION 4. RL 52.02 (2) is amended to read:
RL 52.02 (2) COMPLETE ANSWERS; CERTIFICATION. No application shall be processed until all questions appearing on the application are fully completed, and certified as accurate, and sworn to before a notary public, and all required documents are received by the department.
SECTION 5. RL 52.04(2) (b) is amended to read:
RL 52.04 (2) (b) The bond shall be payable to the state department of regulation and licensing for the benefit of purchasers of stored property or their assignees.
SECTION 6. RL 52.04 (2) (d) is created to read:
RL 52.04 (2) (d) The bond shall remain in effect throughout the time that the warehouse remains approved by the department and the warehouse keeper shall submit a copy of each bond renewal certificate to the department.
SECTION 7. RL 53.02 (3) is amended to read:
RL 53.02 (3) COMPLETE ANSWERS; CERTIFICATION. No request for approval shall be processed until all questions appearing on the application are fully completed, and certified as accurate, and sworn to before a notary public, and all required documents are received by the department.
SECTION 8. RL 54.04 (1) (b), (3) and (4) are amended to read:
RL 54.04 (1) (b) Publicly traded preferred or common stock of regulated utilities in the United States whose debt is rated AA or above by Standards & Poors Poor's or by Moody's Investors Services. Once the debt rating of the issuing utility drops below an A rating and remains below that rating for 2 consecutive quarters, the cemetery authority shall divest those instruments within 180 days or proceed under par. (e).
(3) No cemetery authority may invest in any entity or company in which an officer or trustee of the cemetery authority has more than a 5% ownership interest is a shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the entity or company.
(4) No cemetery authority may invest in any entity or company in which a spouse or child of an officer or trustee of the cemetery authority or other family member who receives one-half of his or her support from an officer or trustee shall have more than a 5% ownership interest is a shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the entity or company.
SECTION 9. RL 54.05 (2) and (3) are amended:
RL 54.05 (2) If the affidavit submitted to the department pursuant to sub. (1) lists investments in classes other than those described in s. RL 54.04 (1) (a) to (d), the affidavit shall be accompanied by a sworn written statement by a licensed investment advisor or a licensed securities broker, stating that his or her belief that such investments will provide safety equal to or greater than the investment classes described in s. RL 54.04 (1) (a) to (d).
(3) If the investment proposal meets the criteria set forth in s. RL 54.04, the department may issue a letter of approval. Investments which are approved A decision by the department not to approve an alternative investment may be appealed under ch. RL 1.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearings
Transportation
Notice is hereby given that pursuant to ss. 85.16 (1), 227.11 (2) (a), and 348.25 (3), Stats., the Department of Transportation will hold public hearings at the following locations to consider the creation of ch. Trans 253, and amendments to chs. Trans 255 and 259, Wis. Adm. Code, relating to overweight and oversize permits.
Hearing Information
February 17, 1997 County Board Room, 3rd Floor
Monday Marinette County Courthouse
10:00 a.m. to MARINETTE, WI
12:00 p.m. (noon)
This hearing site is fully accessible to people with disabilities.
February 21, 1997 Room 421
Friday Hill Farms State Trans. Bldg.
1:30 p.m. to 4802 Sheboygan Ave.
3:30 p.m.
Parking for people with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Written Comments and Contact Person
The public record on this proposed rulemaking will be held open until February 28, 1997, to permit the submission of written comments from people unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to:
Susan Kavulich
Motor Carrier Services Section, Room 151
Division of Motor Vehicles
Wis. Dept. of Transportation
P. O. Box 7981
Madison, WI 53707-7981
Note: This hearing is being conducted at 2 locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from both locations will be combined into a single Hearing Record on which the Department will base its decisions. Individuals need only attend one of the public hearings for their testimony to be fully considered.
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1), 227.11 (2) (a), and 348.25 (3)
Statutes interpreted: ss. 348.06, 348.07, 348.15, 348.25, 348.26, and 348.27
General Summary of Proposed Rule. 1995 Wis. Act 163 amended s. 348.27 (9m), Stats., which allows the Department to issue permits for loads of bulk potatoes to be hauled at weights in excess of the statutory maximum weights of 80,000 pounds. These permits allow transportation of bulk potatoes from storage to rail loading facilities. The proposed rule amends ch. Trans 259 to conform with this statutory amendment.
1993 Wis. Act 439 created a statutory definition of “raw forest products” in s. 348.01 (bt), Stats. The proposed rule repeals the previously existing definition of “raw forest products” in s. Trans 259.02 (2) (d).
