Rule-making notices
Notice of Hearing
Cemetery Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
440.905, Stats., as created by
2005 Wisconsin Act 25, and interpreting s.
440.905, Stats., will hold a public hearing at the time and place indicated below to consider an order to repeal chs.
RL 50 and
51; and to create chs.
CB 1 and
2, relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers.
Hearing Date, Time and Location
Date: June 19, 2007
Time: 9:45 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 22, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
Statutes interpreted: Section
440.905, Stats.
Explanation of agency authority: The Cemetery Board is authorized to promulgate rules under s.
440.905, Stats., as created by
2005 Wisconsin Act 25.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: Portions of the cemetery statutes were recently amended by the Legislature as a result of
2005 Wisconsin Act 25. The most notable change was the creation of a cemetery board. The board was given specific authority to promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. However, these rules substantively mirror the prior rules that existed under the jurisdiction of the Department of Regulation and Licensing.
SECTION 1 sets forth the authority for the ch.
CB 1 and also sets forth the requirements for becoming licensed as a cemetery authority, a cemetery preneed seller, and a cemetery salesperson. SECTION 1 also creates ch.
CB 2 that sets forth the authority for the filing of cemetery annual reports. It also identifies the filing date as well as a filing exception for religious cemeteries.
SECTION 2 repeals chs.
RL 50 and
51, which are being replaced with chs.
CB 1 and
2. This change was necessary as a result of
2005 Wisconsin Act 25, which created a Cemetery Board and gave the board authority to promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and preneed sellers.
Comparison with federal regulation: There is no existing or pending federal regulation relating to cemetery authorities, cemetery preneed sellers, and cemetery salespersons.
Comparison with rules in adjacent states:
Illinois: Cemeteries are licensed and regulated by the Illinois Comptroller's Office. For more information see the Illinois website at:
www.ioc.state.il.us/CemeteryCare/
Michigan: Cemeteries are required to register and are regulated by the state Cemetery Commissioner. For more information see the Michigan website at:
www.michigan.gov/commerciallicensing (then click on “Cemeteries")
Minnesota: Statutes impose requirements for cemeteries, but licensure/regulation is not required. For more information see the Minnesota website at:
www.ag.state.mn.us/
Iowa: Cemeteries are required to register and are regulated by the Iowa Insurance Commissioner's Office. For more information see the Iowa website at:
www.iid.state.ia.us:
Summary of factual data and analytical methodologies. No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.
Analysis and supporting documents used to determine effect on small business: The proposed rules would reflect the newly created statutory requirements that transferred authority relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers from the department to the newly created Cemetery Board. The rules will merely be updated to reflect recent statutory changes that are already in effect. There are 98 cemetery authorities, 191 cemetery salespersons, and 181 cemetery preneed sellers currently licensed in Wisconsin. Of these licensees, a significant percentage of them are probably small businesses. This rule change will not have an effect on small business, however, as the rule changes will merely reflect the current statutory requirements.
Anticipated costs incurred by private sector. The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email:
pamela.haack@drl.state.wi.us.
Place to Submit Comments and Deadline for Submission
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before June 22, 2007 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. Chapters
CB 1 and
2 are created to read:
AUTHORITY AND APPLICATIONS FOR LICENSURE
CB 1.01 Authority. The rules in this chapter are adopted pursuant to ss.
227.11 (2) and
440.905, Stats.
CB 1.02 Applications for cemetery authority, cemetery salesperson and preneed seller. (1) OTHER INFORMATION. In addition to the information which the board 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 board 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 in connection with cemetery operations.
(2) BASIS FOR DENIAL OF APPLICATION. The board 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.
FILING OF ANNUAL REPORTS BY CEMETERY AUTHORITIES AND PRENEED SELLERS
CB 2.02 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 March 1 of each year.
CB 2.03 Reporting period. The annual reports and certifications in lieu of annual reports shall be made on a calendar year basis unless the board, upon request, approved a different reporting period.
CB 2.04 Religious society exemption. A cemetery authority of a cemetery that is affiliated with a religious society organized under ch.
187, Stats., or that religious society may file a certification in lieu of an annual report under s.
157.63 or
440.92 (9), Stats. The certification shall be filed on or before the 60
th day after the last day of the reporting period.
Note: Forms for the annual report and certification may be obtained upon request from and shall be filed with the Department of Regulation and Licensing, Division of Credentialing Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
SECTION 2. Chs. RL 50 and 51 are repealed.
Notice of Proposed Rule
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on
May 31, 2007, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis prepared by State Elections Board
