AB1-ASA1-AA61, s. 464mi 4Section 464mi. 440.04 (3) of the statutes is amended to read:
AB1-ASA1-AA61,48,75 440.04 (3) Control the allocation, disbursement, and budgeting of the funds
6received by the boards, examining boards, and affiliated credentialing boards in
7connection with their credentialing and, regulation, or other functions.
AB1-ASA1-AA61, s. 464mj 8Section 464mj. 440.04 (4) of the statutes is amended to read:
AB1-ASA1-AA61,48,119 440.04 (4) Employ, assign, and reassign such staff as are required by the
10department and the attached boards, examining boards , and affiliated credentialing
11boards in the performance of their functions.
AB1-ASA1-AA61, s. 464mk 12Section 464mk. 440.04 (5) (intro.) of the statutes is amended to read:
AB1-ASA1-AA61,48,1413 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated
14credentialing boards:
AB1-ASA1-AA61, s. 464mL 15Section 464mL. 440.04 (5) (c) of the statutes is amended to read:
AB1-ASA1-AA61,48,1716 440.04 (5) (c) Provide such other services as the boards, examining boards, or
17affiliated credentialing boards request.
AB1-ASA1-AA61, s. 464mm 18Section 464mm. 440.045 of the statutes is amended to read:
AB1-ASA1-AA61,48,22 19440.045 Disputes. Any dispute between a board in the department, an
20examining board, or an affiliated credentialing board and the secretary shall be
21arbitrated by the governor or the governor's designee after consultation with the
22disputants.
AB1-ASA1-AA61, s. 464mn 23Section 464mn. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin
24Act 16
, is amended to read:
AB1-ASA1-AA61,49,3
1440.05 Standard fees. (intro.) The following standard fees apply to all initial
2credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.91 (1m) (a),
3444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:
AB1-ASA1-AA61, s. 464mo 4Section 464mo. 440.08 (2) (a) 21. of the statutes is amended to read:
AB1-ASA1-AA61,49,65 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each
6odd-numbered year; $343.
AB1-ASA1-AA61, s. 464mom 7Section 464mom. 440.08 (2) (a) 21m. of the statutes is created to read:
AB1-ASA1-AA61,49,98 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each
9odd-numbered year; $5.
AB1-ASA1-AA61, s. 464mp 10Section 464mp. 440.13 (2) (d) of the statutes is created to read:
AB1-ASA1-AA61,49,1311 440.13 (2) (d) With respect to a credential granted by the department under
12subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the
13credential when directed to do so by the department.
AB1-ASA1-AA61, s. 464mq 14Section 464mq. 440.14 (1) (a) of the statutes is amended to read:
AB1-ASA1-AA61,49,1715 440.14 (1) (a) "List" means information compiled or maintained by the
16department or, a credentialing board , or another board in the department that
17contains the personal identifiers of 10 or more individuals.
AB1-ASA1-AA61, s. 464mr 18Section 464mr. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:
AB1-ASA1-AA61,50,219 440.14 (2) If a form that the department or , a credentialing board, or another
20board in the department
requires an individual to complete in order to apply for a
21credential or credential renewal or to obtain a product or service from the
22department or the, credentialing board , or other board requires the individual to
23provide any of the individual's personal identifiers, the form shall include a place for
24the individual to declare that the individual's personal identifiers obtained by the
25department or the, credentialing board , or other board from the information on the

1form may not be disclosed on any list that the department or the, credentialing board,
2or other board
furnishes to another person.
AB1-ASA1-AA61,50,12 3(3) If the department or, a credentialing board, or another board in the
4department
requires an individual to provide, by telephone or other electronic
5means, any of the individual's personal identifiers in order to apply for a credential
6or credential renewal or to obtain a product or service from the department or a,
7credentialing board, or other board, the department or the, credentialing board, or
8other board
shall ask the individual at the time that the individual provides the
9information if the individual wants to declare that the individual's personal
10identifiers obtained by telephone or other electronic means may not be disclosed on
11any list that the department or the, credentialing board, or other board furnishes to
12another person.
AB1-ASA1-AA61,50,18 13(4) The department or, a credentialing board, or another board in the
14department
shall provide to an individual upon request a form that includes a place
15for the individual to declare that the individual's personal identifiers obtained by the
16department or, credentialing board, or other board may not be disclosed on any list
17that the department or, credentialing board, or other board furnishes to another
18person.
AB1-ASA1-AA61,50,22 19(5) (a) The department or, a credentialing board, or another board in the
20department
may not disclose on any list that it furnishes to another person a
21personal identifier of any individual who has made a declaration under sub. (2), (3),
22or (4).
AB1-ASA1-AA61,51,523 (b) Paragraph (a) does not apply to a list that the department or, a credentialing
24board, or another board in the department furnishes to another state agency, a law
25enforcement agency, or a federal governmental agency. A state agency that receives

1a list from the department or, a credentialing board, or another board in the
2department
containing a personal identifier of any individual who has made a
3declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any
4person other than a state agency, a law enforcement agency, or a federal
5governmental agency.
AB1-ASA1-AA61, s. 464ms 6Section 464ms. 440.22 (1) of the statutes is amended to read:
AB1-ASA1-AA61,51,15 7440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
8means the compensation and reasonable expenses of hearing examiners and of
9prosecuting attorneys for the department, examining board or, affiliated
10credentialing board, or other board in the department, a reasonable disbursement
11for the service of process or other papers, amounts actually paid out for certified
12copies of records in any public office, postage, telephoning, adverse examinations and
13depositions and copies, expert witness fees, witness fees and expenses, compensation
14and reasonable expenses of experts and investigators, and compensation and
15expenses of a reporter for recording and transcribing testimony.
AB1-ASA1-AA61, s. 464mt 16Section 464mt. 440.90 (1) of the statutes is renumbered 440.90 (1d).
AB1-ASA1-AA61, s. 464mu 17Section 464mu. 440.90 (1b) of the statutes is created to read:
AB1-ASA1-AA61,51,1818 440.90 (1b) "Board" means the cemetery board.
AB1-ASA1-AA61, s. 464mv 19Section 464mv. 440.90 (1c) of the statutes is created to read:
AB1-ASA1-AA61,51,2020 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
AB1-ASA1-AA61, s. 464mw 21Section 464mw. 440.90 (1g) of the statutes is created to read:
AB1-ASA1-AA61,51,2222 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).
AB1-ASA1-AA61, s. 464mx 23Section 464mx. 440.90 (1r) of the statutes is created to read:
AB1-ASA1-AA61,51,2424 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).
AB1-ASA1-AA61, s. 464my 25Section 464my. 440.90 (3g) of the statutes is created to read:
AB1-ASA1-AA61,52,1
1440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
AB1-ASA1-AA61, s. 464mz 2Section 464mz. 440.90 (3r) of the statutes is created to read:
AB1-ASA1-AA61,52,33 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
AB1-ASA1-AA61, s. 464na 4Section 464na. 440.90 (4e) of the statutes is created to read:
AB1-ASA1-AA61,52,55 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
AB1-ASA1-AA61, s. 464nb 6Section 464nb. 440.90 (4m) of the statutes is created to read:
AB1-ASA1-AA61,52,87 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that
8is licensed under s. 440.91 (1).
AB1-ASA1-AA61, s. 464nc 9Section 464nc. 440.90 (4r) of the statutes is created to read:
AB1-ASA1-AA61,52,1010 440.90 (4r) "Licensee" means a person licensed under this subchapter.
AB1-ASA1-AA61, s. 464nd 11Section 464nd. 440.90 (10m) of the statutes is created to read:
AB1-ASA1-AA61,52,1212 440.90 (10m) "Registrant" means a person registered under this subchapter.
AB1-ASA1-AA61, s. 464ne 13Section 464ne. 440.90 (10r) of the statutes is created to read:
AB1-ASA1-AA61,52,1514 440.90 (10r) "Religious cemetery authority" has the meaning given in s.
15157.061 (15m).
AB1-ASA1-AA61, s. 464nf 16Section 464nf. 440.90 (14) of the statutes is repealed.
AB1-ASA1-AA61, s. 464ng 17Section 464ng. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
18amended to read:
AB1-ASA1-AA61,53,419 440.91 (1) (a) Except as provided in sub. (6m), every cemetery authority that
20operates a cemetery that is 5 acres or more in size,
that sells or solicits the sale of a
21total of 10
20 or more cemetery lots or mausoleum burial spaces at a cemetery during
22a calendar year and that pays any commission or other compensation to any person
23for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
24with
, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
25to
the department. The registration shall be in writing and shall include the names

1of the officers of the cemetery authority
for a license for that cemetery. A cemetery
2authority that operates more than one cemetery shall apply for a separate license for
3each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
420 or more burial spaces or at which it has $100,000 or more in trust fund accounts
.
AB1-ASA1-AA61, s. 464nh 5Section 464nh. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:
AB1-ASA1-AA61,53,76 440.91 (1) (b) Except as provided in s. 440.93 (1), the department shall grant
7a license to a cemetery authority if all of the following are satisfied:
AB1-ASA1-AA61,53,128 1. The cemetery authority submits an application for the license to the
9department on a form provided by the department. The application shall require the
10cemetery authority to provide the names of the officers of the cemetery authority and
11to identify a business representative who is primarily responsible for the cemetery
12authority's compliance with subch. II of ch. 157 and this subchapter.
AB1-ASA1-AA61,53,1413 2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
14costs, or expenses charged by the department under s. 440.03 (13) (c).
AB1-ASA1-AA61,53,1715 (c) A licensed cemetery authority shall notify the department if it designates
16a substitute business representative to take the place of a business representative
17identified under par. (b) 1.
AB1-ASA1-AA61,53,2218 (d) If a licensed cemetery authority notifies the department under s. 157.08 (2)
19(b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c.
20and the department does not object to the action under s. 157.08 (2) (b) 3., the
21department shall revoke the license granted under par. (b) and require the licensed
22cemetery authority to reapply for a license under par. (b).
AB1-ASA1-AA61,54,223 (e) 1. The renewal dates and renewal fees for licenses granted under par. (b)
24are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not

1required to renew its license if the cemetery authority sells less than 10 burial spaces
2during a period of 2 consecutive calendar years.
AB1-ASA1-AA61,54,63 2. A licensed cemetery authority that is not required to renew its license under
4subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
5that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
6or more burial spaces.
AB1-ASA1-AA61, s. 464ni 7Section 464ni. 440.91 (1m) of the statutes is created to read:
AB1-ASA1-AA61,54,158 440.91 (1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
9authority that operates a cemetery for which a license is not required under sub. (1)
10shall register the cemetery with the department by paying a $5 registration fee and
11submitting an application on a form provided by the department that requires the
12applicant to provide the names of the officers of the cemetery authority and any other
13information that the department may require. A cemetery authority that operates
14more than one cemetery for which a license is not required under sub. (1) shall pay
15a separate registration fee and submit a separate application for each cemetery.
AB1-ASA1-AA61,54,1716 (b) The renewal dates and renewal fees for registrations under par. (a) are
17specified in s. 440.08 (2) (a).
AB1-ASA1-AA61,54,20 18(c) A cemetery authority is not required to register under par. (a) if it receives
19no income, other than gifts, from the sale of lots or services or from trust fund
20earnings.
AB1-ASA1-AA61, s. 464nj 21Section 464nj. 440.91 (2) (intro.) of the statutes is amended to read:
AB1-ASA1-AA61,55,822 440.91 (2) (intro.) Except as provided in subs. (7) and (10), every individual who
23person that sells or solicits the sale of, or who that expects to sell or solicit the sale
24of, a total of 10 20 or more cemetery lots or mausoleum burial spaces during a 2
25calendar year years shall register with be licensed by the department. An individual

1A person may not be registered licensed as a cemetery salesperson except upon the
2written request of a cemetery authority and the payment of the fee specified in s.
3440.05 (1). The cemetery authority shall certify in writing to the department that
4the individual person is competent to act as a cemetery salesperson. Within 10 days
5after the certification of any cemetery salesperson, the cemetery salesperson shall
6verify and
An applicant for licensure as a cemetery salesperson shall furnish to the
7department, in such form as the department prescribes, all of the following
8information:
AB1-ASA1-AA61, s. 464nk 9Section 464nk. 440.91 (2) (a) of the statutes is repealed and recreated to read:
AB1-ASA1-AA61,55,1110 440.91 (2) (a) The name and address of the applicant and, if the applicant is
11a business entity, the name and address of each business representative.
AB1-ASA1-AA61, s. 464nL 12Section 464nL. 440.91 (2) (b) and (c) of the statutes are repealed.
AB1-ASA1-AA61, s. 464nm 13Section 464nm. 440.91 (4) of the statutes is amended to read:
AB1-ASA1-AA61,55,1914 440.91 (4) Renewal applications shall be submitted to the department on a
15form provided by the department on or before the applicable renewal date specified
16under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
17s. 440.08 (2) (a). An applicant for renewal of a cemetery salesperson license shall
18identify each individual that is exempt from licensure under sub. (7) and that the
19applicant has supervised during the prior 2 years.
AB1-ASA1-AA61, s. 464nn 20Section 464nn. 440.91 (6m) of the statutes is repealed and recreated to read:
AB1-ASA1-AA61,55,2221 440.91 (6m) A religious cemetery authority is not required to be licensed under
22sub. (1) or registered under sub. (1m).
AB1-ASA1-AA61, s. 464no 23Section 464no. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and
24amended to read:
AB1-ASA1-AA61,56,6
1440.91 (7) (a) An individual who solicits the sale of cemetery lots or mausoleum
2spaces in a cemetery organized, maintained, and operated by a town, village, or city,
3church, synagogue or mosque, religious, or fraternal or benevolent society or
4incorporated college of a religious order is not required to be registered licensed
5under sub. (2) if the individual is supervised by a cemetery salesperson licensed
6under sub. (2)
.
AB1-ASA1-AA61, s. 464np 7Section 464np. 440.91 (7) (b) of the statutes is created to read:
AB1-ASA1-AA61,56,108 440.91 (7) (b) An individual who solicits the sale of cemetery lots or mausoleum
9spaces in a cemetery owned and operated by a religious cemetery authority is not
10required to be licensed under sub. (2).
AB1-ASA1-AA61, s. 464nq 11Section 464nq. 440.91 (8) of the statutes is repealed.
AB1-ASA1-AA61, s. 464nr 12Section 464nr. 440.91 (9) of the statutes is amended to read:
AB1-ASA1-AA61,56,1913 440.91 (9) No cemetery authority or cemetery salesperson registered licensed
14under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
15as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or
16mausoleum a burial space to any person who is not registered licensed under sub. (1)
17or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots,
18cemetery merchandise or mausoleum burial spaces in another state or territory of
19the United States or a foreign country.
AB1-ASA1-AA61, s. 464n 20Section 464n. 440.91 (10) of the statutes is amended to read:
AB1-ASA1-AA61,56,2421 440.91 (10) Nothing in this section requires an individual who is registered
22licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery
23salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
24merchandise or undeveloped spaces under preneed sales contracts.
AB1-ASA1-AA61, s. 464nt
1Section 464nt. 440.92 (1) (title) of the statutes is repealed and recreated to
2read:
AB1-ASA1-AA61,57,33 440.92 (1) (title) Licensure.
AB1-ASA1-AA61, s. 464nu 4Section 464nu. 440.92 (1) (a) of the statutes is amended to read:
AB1-ASA1-AA61,57,115 440.92 (1) (a) Except as provided in subs. (4), and (9) (a) and (10), every
6individual who sells or solicits the sale of cemetery merchandise or an undeveloped
7space under a preneed sales contract and, if the is required to be licensed under this
8subsection and, if applicable, comply with the requirements under s. 445.125. If such
9an
individual is employed by or acting as an agent for a cemetery authority or any
10other person, that cemetery authority or other person is also required to be registered
11licensed under this subsection.
AB1-ASA1-AA61, s. 464nv 12Section 464nv. 440.92 (1) (b) (intro.) of the statutes is amended to read:
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