Amendment ASA1-AB100

AB100-ASA1,874,7 440.90 (1b) "Board" means the cemetery board.

AB100-ASA1, s. 2337d Section 2337d. 440.90 (4m) of the statutes is created to read:

AB100-ASA1,874,10 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB100-ASA1, s. 2337e Section 2337e. 440.90 (4r) of the statutes is created to read:

AB100-ASA1,874,12 440.90 (4r) "Licensee" means a person licensed under this subchapter.

AB100-ASA1, s. 2337g Section 2337g. 440.905 of the statutes is created to read:

AB100-ASA1,874,17 440.905 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing on matters relating to cemeteries, to this chapter, or to the board.

AB100-ASA1,874,21 (2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.

AB100-ASA1, s. 2337h Section 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:

AB100-ASA1,875,10 440.91 (1) (a) Except as provided in sub. (6m), every Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells or solicits the sale of a total of 10 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with, or that has $100,000 or more in preneed trust fund accounts for a cemetery shall apply to the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority board 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 preneed trust fund accounts.

AB100-ASA1, s. 2337i Section 2337i. 440.91 (1) (b) and (c) of the statutes are created to read:

AB100-ASA1,875,13 440.91 (1) (b) The board shall grant a license to a cemetery authority if all of the following are satisfied:

AB100-ASA1,875,18 1. The cemetery authority submits an application for the license to the board on a form provided by the board. 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.

AB100-ASA1,875,19 2. The cemetery authority pays the fee specified in s. 440.05 (1).

AB100-ASA1,875,24 (c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.

AB100-ASA1,876,5 2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.

AB100-ASA1, s. 2337k Section 2337k. 440.91 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,876,18 440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual who person that sells or solicits the sale of, or who that expects to sell or solicit the sale of, a total of 10 20 or more cemetery lots or mausoleum spaces per year during a 2 consecutive calendar year years shall register with be licensed by the department. An individual board. A person may not be registered licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department board that the individual person is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and An applicant for licensure as a cemetery salesperson shall furnish to the department board, in such form as the department board prescribes, all of the following information:

AB100-ASA1, s. 2337L Section 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,876,21 440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.

AB100-ASA1, s. 2337m Section 2337m. 440.91 (6m) of the statutes is amended to read:

AB100-ASA1,877,2 440.91 (6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (1).

AB100-ASA1, s. 2337n Section 2337n. 440.91 (7) of the statutes is amended to read:

AB100-ASA1,877,8 440.91 (7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (2).

AB100-ASA1, s. 2337p Section 2337p. 440.91 (9) of the statutes is amended to read:

AB100-ASA1,877,16 440.91 (9) No cemetery authority or cemetery salesperson registered licensed under sub. (1) or (2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space to any person who is not registered licensed under sub. (1) or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots, cemetery merchandise or mausoleum burial spaces in another state or territory of the United States or a foreign country.

AB100-ASA1, s. 2337q Section 2337q. 440.91 (10) of the statutes is amended to read:

AB100-ASA1,877,21 440.91 (10) Nothing in this section requires an individual who is registered licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.

AB100-ASA1, s. 2337r Section 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,877,24 440.92 (1) (title) Licensure.

AB100-ASA1, s. 2337s Section 2337s. 440.92 (1) (a) of the statutes is amended to read:

AB100-ASA1,878,5 440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered licensed under this subsection.

AB100-ASA1, s. 2337t Section 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,878,9 440.92 (1) (b) (intro.) The department board shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:

AB100-ASA1, s. 2337u Section 2337u. 440.92 (1) (bm) of the statutes is created to read:

AB100-ASA1,878,15 440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the board does not object to the action under s. 157.08 (2) (b) 3., the board shall revoke the license and require the cemetery authority to reapply for a license under this subsection.

AB100-ASA1, s. 2337v Section 2337v. 440.92 (1) (e) of the statutes is amended to read:

AB100-ASA1,878,20 440.92 (1) (e) Nothing in this subsection requires an individual who is registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.

AB100-ASA1, s. 2337wc Section 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to read:

AB100-ASA1,879,2 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:

AB100-ASA1,879,8 (b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.

AB100-ASA1, s. 2337wf Section 2337wf. 440.92 (6) (a), (d), (e), (h), (i), (j) and (k) of the statutes are amended to read:

AB100-ASA1,879,16 440.92 (6) (a) Every preneed seller registered licensed under sub. (1) shall file an annual report with the department board. The report shall be made on a form prescribed and furnished by the department board. The report shall be made on a calendar-year basis unless the department board, 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.

AB100-ASA1,879,22 (d) All records described under pars. (b) 2. and (c) and maintained by the department board 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 workforce development or a county child support agency under s. 59.53 (5).

AB100-ASA1,879,24 (e) The department board shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section.

AB100-ASA1,880,5 (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 department board may promulgate rules to establish longer time periods for maintaining records under this paragraph.

AB100-ASA1,880,8 (i) The department board may promulgate rules requiring preneed sellers registered licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

AB100-ASA1,880,15 (j) The department board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller registered licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which 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.

AB100-ASA1,880,18 (k) The department board 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.

AB100-ASA1, s. 2337wh Section 2337wh. 440.92 (9) (a) of the statutes is amended to read:

AB100-ASA1,880,25 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society files an annual certification with the department as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.

AB100-ASA1, s. 2337wj Section 2337wj. 440.92 (10) of the statutes is amended to read:

AB100-ASA1,881,4 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1, s. 2337y Section 2337y. 440.93 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,881,13 440.93 (1) (intro.) The department board may reprimand a registrant 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 registrant licensee, or, if the applicant or registrant, 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 registrant licensee, has done any of the following:

AB100-ASA1, s. 2337z Section 2337z. 440.95 (1) of the statutes is amended to read:

AB100-ASA1,881,17 440.95 (1) Any cemetery authority that is required to register be licensed under s. 440.91 (1) and that knowingly fails to register be licensed may be fined not more than $100.

AB100-ASA1, s. 2338m Section 2338m. 440.992 (1) of the statutes is amended to read:

AB100-ASA1,881,22 440.992 (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) or whose application has been accepted under s. 440.9915 (2), if the individual has paid the fees specified in s. 440.9935 fee specified in s. 440.05 (1) (a).

AB100-ASA1, s. 2338p Section 2338p. 440.9935 of the statutes is amended to read:

AB100-ASA1,882,12 440.9935 Registration and renewal fees Renewal. An application for registration must be accompanied by a processing fee in an amount established in rules promulgated by the department. If the department determines to issue a certificate of registration to an applicant, the department shall require the applicant to pay a fee for issuing the certificate in an amount established in rules promulgated by the department. The renewal dates date and fee for certificates of registration issued under this subchapter are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include a fee in an amount established in rules promulgated by the department, except that for the first renewal after a certificate of registration is issued, the department shall prorate the fee based on the length of time between between issuance and renewal. The amounts established in the rules promulgated under this section shall be based on the department's administrative and enforcement costs attributable to processing applications and regulating athlete agents.

AB100-ASA1, s. 2338q Section 2338q. 446.02 (2) (c) of the statutes is created to read:

AB100-ASA1,882,17 446.02 (2) (c) The examining board shall issue a certificate to a chiropractor who is licensed under this chapter, who submits satisfactory evidence that the chiropractor has completed 48 hours of postgraduate study in nutrition that is approved by the examining board, and who pays a one-time certification fee of $25.

AB100-ASA1, s. 2338r Section 2338r. 446.02 (6m) of the statutes is created to read:

AB100-ASA1,882,23 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs, or nutritional supplements unless the chiropractor has been issued a certificate under sub. (2) (c). This subsection does not apply to a chiropractor licensed under this chapter who is certified as a dietician under subch. V of ch. 448.

AB100-ASA1, s. 2338v Section 2338v. 452.13 (2) (b) 3. of the statutes is amended to read:

AB100-ASA1,883,5 452.13 (2) (b) 3. Furnish the department of regulation and licensing with a letter authorizing the department of regulation and licensing and the department of administration commerce to examine and audit the interest-bearing common trust account whenever the department of regulation and licensing or the department of administration commerce considers it necessary.

AB100-ASA1, s. 2339 Section 2339. 452.13 (2) (bm) of the statutes is amended to read:

AB100-ASA1,883,9 452.13 (2) (bm) The department of regulation and licensing shall forward to the department of administration commerce the information and documents furnished under par. (b).

AB100-ASA1, s. 2340 Section 2340. 452.13 (2) (d) of the statutes is amended to read:

AB100-ASA1,883,13 452.13 (2) (d) The department of administration commerce is the beneficial owner of the interest accruing to the interest-bearing common trust account, minus any service charges or fees.

AB100-ASA1, s. 2341 Section 2341. 452.13 (2) (e) 1. of the statutes is amended to read:

AB100-ASA1,883,20 452.13 (2) (e) 1. Annually, before February 1, remit to the department of administration commerce the total interest or dividends, minus service charges or fees, earned on the average daily balance in the interest-bearing common trust account during the 12 months ending on the previous December 31. A depository institution is not required to remit any amount if the total interest or dividends for that period is less than $10 before any deduction for service charges or fees.

AB100-ASA1, s. 2342 Section 2342. 452.13 (2) (e) 2. of the statutes is amended to read:

AB100-ASA1,884,2 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the department of administration commerce and to the broker maintaining the interest-bearing common trust account a statement that includes the name of the broker for whose account the remittance is made, the rate of interest applied, the amount of service charges or fees deducted, if any, and the account balance for the period that the statement covers.

AB100-ASA1, s. 2343 Section 2343. 452.13 (2) (f) 2. of the statutes is amended to read:

AB100-ASA1,884,5 452.13 (2) (f) 2. May not assess a service charge or fee for an interest-bearing common trust account against the department of administration commerce.

AB100-ASA1, s. 2344 Section 2344. 452.13 (2) (f) 3. of the statutes is amended to read:

AB100-ASA1,884,11 452.13 (2) (f) 3. May deduct a service charge or fee from the interest earned by an interest-bearing common trust account, and if a balance remains, may deduct the remaining charge or fee from the interest earned on any other interest-bearing common trust account maintained in that depository institution, before remitting interest to the department of administration commerce.

AB100-ASA1, s. 2345 Section 2345. 452.13 (5) of the statutes is amended to read:

AB100-ASA1,884,15 452.13 (5) Rules. In consultation with the department of regulation and licensing, the department of administration commerce shall promulgate rules necessary to administer this section.

AB100-ASA1, s. 2345m Section 2345m. 457.02 (5m) of the statutes is amended to read:

AB100-ASA1,884,25 457.02 (5m) Authorize any individual who is certified or licensed under this chapter to treat alcohol or substance dependency or abuse as a specialty unless the individual is a substance abuse counselor, as defined in s. HFS 75.02 (84), Wis. Adm. Code certified alcohol and other drug abuse counselor under s. 440.75, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a substance abuse counselor under s. HFS 75.02 (84), Wis. Adm. Code certified alcohol and other drug abuse counselor under s. 440.75.

AB100-ASA1, s. 2346 Section 2346. 460.05 (1) (e) 1. of the statutes is amended to read:

AB100-ASA1,885,5 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 45.54 38.50 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).

AB100-ASA1, s. 2347 Section 2347. 460.05 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,885,10 460.05 (3) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies the requirements specified in sub. (1) (a) to (d), (g), and (h) and who includes with the application specified in sub. (1) (c) all of the following:

AB100-ASA1,885,13 (a) Evidence satisfactory to the department that, during the 2-year period after March 1, 2003, the person was actively engaged in the practice of massage therapy or bodywork.

AB100-ASA1,885,15 (b) An attestation that the person only recently became aware of the requirements of this chapter.