AB100-ASA1,871,2
1440.08
(2) (a) 66. Real estate business entity:
January 1 December 15 of each
2odd-numbered even-numbered year; $56.
AB100-ASA1,871,54
440.08
(2) (a) 67. Real estate salesperson:
January 1 December 15 of each
5odd-numbered even-numbered year; $83.
AB100-ASA1,871,77
440.08
(2) (a) 68b. Sanitarian: January 1 of each even-numbered year, $53.
AB100-ASA1,871,109
440.08
(2) (a) 68d. Social worker:
July March 1 of each odd-numbered year;
10$63.
AB100-ASA1,871,1312
440.08
(2) (a) 68h. Social worker, advanced practice:
July March 1 of each
13odd-numbered year; $70.
AB100-ASA1,871,1615
440.08
(2) (a) 68p. Social worker, independent:
July March 1 of each
16odd-numbered year; $58.
AB100-ASA1,871,1918
440.08
(2) (a) 68t. Social worker, independent clinical:
July March 1 of each
19odd-numbered year; $73.
AB100-ASA1,871,2221
440.08
(2) (a) 69. Time-share salesperson:
January 1 December 15 of each
22odd-numbered even-numbered year; $119.
AB100-ASA1,871,2524
440.08
(2) (a) 70. Veterinarian:
January 1 December 15 of each
25even-numbered odd-numbered year; $105.
AB100-ASA1,872,32
440.08
(2) (a) 71. Veterinary technician:
January 1 December 15 of each
3even-numbered odd-numbered year; $58.
AB100-ASA1, s. 2336
4Section
2336. Subchapter VI of chapter 440 [precedes 440.70] of the statutes
5is created to read:
AB100-ASA1,872,87
subchapter VI
8
sanitarians
AB100-ASA1,872,1410
440.70
(6) Applications. An application for a sanitarian registration under this
11section shall be made on a form provided by the department and filed with the
12department and shall be accompanied by the fee specified in s. 440.05 (1). The
13renewal date and renewal fee for a sanitarian registration are specified under
14s.440.08 (2) (a).
AB100-ASA1,872,1916
440.70
(9) Forfeiture. In addition to or in lieu of a reprimand or a denial,
17limitation, suspension, or revocation of a registration under sub. (8), the department
18may assess against any person a forfeiture of not less than $100 nor more than $1,000
19for each violation under sub. (8).
AB100-ASA1, s. 2337am
20Section 2337am. Subchapter VII of chapter 440 [precedes 440.75] of the
21statutes is created to read:
AB100-ASA1,872,2323
subchapter Vii
AB100-ASA1,872,2524
alcohol and other drug abuse
25
counselors
AB100-ASA1,873,6
1440.75 Alcohol and other drug abuse counselors. (1) Certification. 2Except as provided in s. 440.12 or 440.13, the department shall certify as an alcohol
3and other drug abuse counselor any individual who satisfies the conditions in sub.
4(3) and who has presented evidence satisfactory to the department that alcohol and
5other drug abuse counselor certification standards and qualifications of the
6department, as established by rule, have been met.
AB100-ASA1,873,10
7(2) Certification; standards and qualifications. The department shall
8promulgate rules that establish minimum standards and qualifications for the
9certification of alcohol and other drug abuse counselors, including substance abuse
10counselors described under s. HFS 75.02 (84) (b), Wis. Adm. Code.
AB100-ASA1,873,15
11(3) Applications; certification period. An application for an alcohol and other
12drug abuse counselor certification under this section shall be made on a form
13provided by the department and filed with the department and shall be accompanied
14by the fee specified in s. 440.05 (1). The renewal date and renewal fee for an alcohol
15and other drug abuse counselor certification are specified under s. 440.08 (2) (a).
AB100-ASA1,873,21
16(4) Certification required. No person may represent himself or herself to the
17public as an alcohol and other drug abuse counselor or a certified alcohol and other
18drug abuse counselor or use in connection with his or her name a title or description
19that conveys the impression that he or she is an alcohol and other drug abuse
20counselor or a certified alcohol and other drug abuse counselor unless he or she is
21certified under sub. (1).
AB100-ASA1,874,2
22(5) Revocation, denial, suspension, or limitation of certification. The
23department may, after a hearing held in conformity with chapter 227, revoke, deny,
24suspend, or limit under this subchapter the certification of any alcohol and other
25drug abuse counselor or reprimand the alcohol and other drug abuse counselor, for
1practice of fraud or deceit in obtaining the certification or any unprofessional
2conduct, incompetence, or professional negligence.
AB100-ASA1,874,4
3(6) Certification other than by department prohibited. No entity other than
4the department may certify alcohol and other drug abuse counselors.
AB100-ASA1,874,77
440.90
(1b) "Board" means the cemetery board.
AB100-ASA1,874,109
440.90
(4m) "Licensed cemetery authority" means a cemetery authority that
10is licensed under s. 440.91 (1).
AB100-ASA1,874,1212
440.90
(4r) "Licensee" means a person licensed under this subchapter.
AB100-ASA1,874,17
14440.905 General duties and powers of board. (1) In addition to the other
15duties and powers of the board under this subchapter, the board shall advise the
16secretary of regulation and licensing on matters relating to cemeteries, to this
17chapter, or to the board.
AB100-ASA1,874,21
18(2) The board has rule-making authority and may promulgate rules relating
19to the regulation of cemetery authorities, cemetery salespersons, and cemetery
20preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and
21under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.
AB100-ASA1, s. 2337h
22Section 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
23amended to read:
AB100-ASA1,875,1024
440.91
(1) (a)
Except as provided in sub. (6m), every Any cemetery authority
25that operates a cemetery that is 5 acres or more in size, that sells
or solicits the sale
1of a total of 10 20 or more cemetery lots or mausoleum spaces
at a cemetery during
2a calendar year
and that pays any commission or other compensation to any person
3for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
4with, or that has $100,000 or more in preneed trust fund accounts for a cemetery
5shall apply to the
department. The registration shall be in writing and shall include
6the names of the officers of the cemetery authority board for a license for that
7cemetery. A cemetery authority that operates more than one cemetery shall apply
8for a separate license for each cemetery that is 5 acres or more in size and for each
9cemetery at which it sells 20 or more burial spaces or at which it has $100,000 or more
10in preneed trust fund accounts.
AB100-ASA1,875,1312
440.91
(1) (b) The board shall grant a license to a cemetery authority if all of
13the following are satisfied:
AB100-ASA1,875,1814
1. The cemetery authority submits an application for the license to the board
15on a form provided by the board. The application shall require the cemetery
16authority to provide the names of the officers of the cemetery authority and to
17identify a business representative who is primarily responsible for the cemetery
18authority's compliance with subch. II of ch. 157 and this subchapter.
AB100-ASA1,875,1919
2. The cemetery authority pays the fee specified in s. 440.05 (1).
AB100-ASA1,875,2420
(c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are
21specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required
22to renew its license if the cemetery authority sells less than 20 cemetery lots or
23mausoleum spaces at a cemetery during a calendar year, or that has less than
24$100,000 in preneed trust fund accounts for a cemetery.
AB100-ASA1,876,5
12. A licensed cemetery authority that is not required to renew its license under
2subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
3that is subsequent to the period specified in subd. 1., the cemetery authority sells 20
4or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more
5in preneed trust fund accounts for a cemetery.
AB100-ASA1,876,187
440.91
(2) (intro.) Except as provided in
subs. (7) and sub. (10), every
individual
8who person that sells or solicits the sale of, or
who that expects to sell or solicit the
9sale of,
a total of 10 20 or more cemetery lots or mausoleum spaces
per year during
10 a 2 consecutive calendar
year years shall
register with be licensed by the
11department. An individual board. A person may not be
registered licensed as a
12cemetery salesperson except upon the written request of a cemetery authority and
13the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify
14in writing to the
department board that the
individual person is competent to act as
15a cemetery salesperson.
Within 10 days after the certification of any cemetery
16salesperson, the cemetery salesperson shall verify and An applicant for licensure as
17a cemetery salesperson shall furnish to the
department board, in such form as the
18department board prescribes, all of the following information:
AB100-ASA1, s. 2337L
19Section 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,876,2120
440.91
(2) (a) The name and address of the applicant and, if the applicant is
21a business entity, the name and address of each business representative.
AB100-ASA1,877,223
440.91
(6m) A cemetery authority of a cemetery organized, maintained and
24operated by a town, village, city, church, synagogue or mosque, religious, fraternal
1or benevolent society or incorporated college of a religious order is not required to be
2registered licensed under sub. (1).
AB100-ASA1,877,84
440.91
(7) An individual who solicits the sale of cemetery lots or mausoleum
5spaces in a cemetery organized, maintained and operated by a town, village, city,
6church, synagogue or mosque, religious, fraternal or benevolent society or
7incorporated college of a religious order is not required to be
registered licensed 8under sub. (2).
AB100-ASA1,877,1610
440.91
(9) No cemetery authority or cemetery salesperson
registered licensed 11under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
12as a finder's fee relating to the sale of
a cemetery lot, cemetery merchandise or
13mausoleum a burial space to any person who is not
registered licensed under sub. (1)
14or (2) or who is not regularly and lawfully engaged in the sale of
cemetery lots, 15cemetery merchandise or
mausoleum burial spaces in another state or territory of
16the United States or a foreign country.
AB100-ASA1,877,2118
440.91
(10) Nothing in this section requires an individual who is
registered 19licensed as a preneed seller under s. 440.92 (1) to be
registered licensed as a cemetery
20salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
21merchandise or undeveloped spaces under preneed sales contracts.
AB100-ASA1, s. 2337r
22Section 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to
23read:
AB100-ASA1,877,2424
440.92
(1) (title)
Licensure.
AB100-ASA1,878,5
1440.92
(1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual
2who sells or solicits the sale of cemetery merchandise or an undeveloped space under
3a preneed sales contract and, if the individual is employed by or acting as an agent
4for a cemetery authority or any other person, that cemetery authority or other person
5is
also required to be
registered
licensed under this subsection.
AB100-ASA1,878,97
440.92
(1) (b) (intro.) The
department
board shall issue a certificate of
8registration licensure as a cemetery preneed seller to any person who does all of the
9following:
AB100-ASA1,878,1511
440.92
(1) (bm) If a cemetery authority that is licensed under this subsection
12notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) 1. b.
13or c. and the board does not object to the action under s. 157.08 (2) (b) 3., the board
14shall revoke the license and require the cemetery authority to reapply for a license
15under this subsection.
AB100-ASA1,878,2017
440.92
(1) (e) Nothing in this subsection requires an individual who is
18registered licensed as a cemetery salesperson under s. 440.91 (2) to be
registered 19licensed under this subsection if the individual does not conduct or solicit any sale
20under a preneed sales contract.
AB100-ASA1, s. 2337wc
21Section 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to
22read:
AB100-ASA1,879,223
440.92
(4) (a) (intro.) Any person who sells or solicits the sale of cemetery
24merchandise under a preneed sales contract is not required to be
registered licensed 25under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if
1all payments received under the preneed sales contract are trusted as required under
2s. 445.125 (1) (a) 1. or if all of the following conditions are met:
AB100-ASA1,879,83
(b) If any preneed seller who is not
registered
licensed under sub. (1) accepts
4a payment under a preneed sales contract and the merchandise is not delivered
5within 180 days after the date of the sale, the preneed seller shall immediately notify
6the purchaser that the purchaser is entitled to a refund of all money paid by the
7purchaser, together with interest calculated at the legal rate of interest as provided
8under s. 138.04, at any time before the merchandise is delivered.
AB100-ASA1, s. 2337wf
9Section 2337wf. 440.92 (6) (a), (d), (e), (h), (i), (j) and (k) of the statutes are
10amended to read:
AB100-ASA1,879,1611
440.92
(6) (a) Every preneed seller
registered licensed under sub. (1) shall file
12an annual report with the
department board. The report shall be made on a form
13prescribed and furnished by the
department board. The report shall be made on a
14calendar-year basis unless the
department board, by rule, provides for other
15reporting periods. The report is due on or before the 60th day after the last day of
16the reporting period.
AB100-ASA1,879,2217
(d) All records described under pars. (b) 2. and (c) and maintained by the
18department board are confidential and are not available for inspection or copying
19under s. 19.35 (1). This paragraph does not apply to any information regarding the
20name, address or employer of or financial information related to an individual that
21is requested under s. 49.22 (2m) by the department of workforce development or a
22county child support agency under s. 59.53 (5).
AB100-ASA1,879,2423
(e) The
department board shall review each report filed under par. (a) to
24determine whether the preneed seller is complying with this section.
AB100-ASA1,880,5
1(h) The records under par. (b) 1. shall be permanently maintained by the
2preneed seller. The records under par. (b) 2. shall be maintained for not less than 3
3years after all of the obligations of the preneed sales contract have been fulfilled. The
4department board may promulgate rules to establish longer time periods for
5maintaining records under this paragraph.
AB100-ASA1,880,86
(i) The
department board may promulgate rules requiring preneed sellers
7registered licensed under sub. (1) to maintain other records and establishing
8minimum time periods for the maintenance of those records.
AB100-ASA1,880,159
(j) The
department board may audit, at reasonable times and frequency, the
10records, trust funds and accounts of any preneed seller
registered licensed under sub.
11(1), including records, trust funds and accounts pertaining to services provided by a
12preneed seller which are not otherwise subject to the requirements under this
13section. The department may conduct audits under this paragraph on a random
14basis, and shall conduct all audits under this paragraph without providing prior
15notice to the preneed seller.
AB100-ASA1,880,1816
(k) The
department board may promulgate rules establishing a filing fee to
17accompany the report required under par. (a). The filing fee shall be based on the
18approximate cost of regulating preneed sellers.
AB100-ASA1,880,2520
440.92
(9) (a) If the cemetery authority of a cemetery that is affiliated with a
21religious society organized under ch. 187 or that religious society files an annual
22certification with the department as provided in this subsection, neither the
23cemetery authority nor any employee of the cemetery is required to be
registered 24licensed as a cemetery preneed seller under sub. (1) during the period for which the
25certification is effective.
