AB776: Bill Text

AB776,55,13 440.04 (4) Employ, assign, and reassign such staff as are required by the department and the attached boards, examining boards , and affiliated credentialing boards in the performance of their functions.

AB776, s. 161 Section 161. 440.04 (5) (intro.) of the statutes is amended to read:

AB776,55,16 440.04 (5) (intro.) With the advice of the boards, examining boards, or affiliated credentialing boards:

AB776, s. 162 Section 162. 440.04 (5) (c) of the statutes is amended to read:

AB776,55,19 440.04 (5) (c) Provide such other services as the boards, examining boards, or affiliated credentialing boards request.

AB776, s. 163 Section 163. 440.045 of the statutes is amended to read:

AB776,55,24 440.045 Disputes. Any dispute between a board in the department, an examining board, or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.

AB776, s. 164 Section 164. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB776,56,5 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.91 (1m) (a), 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:

AB776, s. 165 Section 165. 440.08 (2) (a) 21. of the statutes is amended to read:

AB776,56,8 440.08 (2) (a) 21. Cemetery authority, licensed: January 1 of each odd-numbered year; $343.

AB776, s. 166 Section 166. 440.08 (2) (a) 21m. of the statutes is created to read:

AB776,56,11 440.08 (2) (a) 21m. Cemetery authority, registered: January 1 of each odd-numbered year; $5.

AB776, s. 167 Section 167. 440.13 (2) (d) of the statutes is created to read:

AB776,56,15 440.13 (2) (d) With respect to a credential granted by the department under subch. VIII of ch. 440, the cemetery board shall restrict, limit, or suspend the credential when directed to do so by the department.

AB776, s. 168 Section 168. 440.14 (1) (a) of the statutes is amended to read:

AB776,56,19 440.14 (1) (a) "List" means information compiled or maintained by the department or, a credentialing board , or another board in the department that contains the personal identifiers of 10 or more individuals.

AB776, s. 169 Section 169. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:

AB776,57,4 440.14 (2) If a form that the department or , a credentialing board, or another board in the department requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the, credentialing board , or other board requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the, credentialing board , or other board from the information on the form may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB776,57,14 (3) If the department or, a credentialing board, or another board in the department requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a, credentialing board, or other board, the department or the, credentialing board, or other board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the, credentialing board, or other board furnishes to another person.

AB776,57,20 (4) The department or, a credentialing board, or another board in the department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department or, credentialing board, or other board may not be disclosed on any list that the department or, credentialing board, or other board furnishes to another person.

AB776,57,24 (5) (a) The department or, a credentialing board, or another board in the department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4).

AB776,58,8 (b) Paragraph (a) does not apply to a list that the department or, a credentialing board, or another board in the department furnishes to another state agency, a law enforcement agency, or a federal governmental agency. A state agency that receives a list from the department or, a credentialing board, or another board in the department containing a personal identifier of any individual who has made a declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency, or a federal governmental agency.

AB776, s. 170 Section 170. 440.22 (1) of the statutes is amended to read:

AB776,58,18 440.22 Assessment of costs. (1) In this section, "costs of the proceeding" means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board or, affiliated credentialing board, or other board in the department, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.

AB776, s. 171 Section 171. 440.90 (1) of the statutes is renumbered 440.90 (1d).

AB776, s. 172 Section 172. 440.90 (1b) of the statutes is created to read:

AB776,58,21 440.90 (1b) "Board" means the cemetery board.

AB776, s. 173 Section 173. 440.90 (1c) of the statutes is created to read:

AB776,58,23 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).

AB776, s. 174 Section 174. 440.90 (1g) of the statutes is created to read:

AB776,58,25 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).

AB776, s. 175 Section 175. 440.90 (1r) of the statutes is created to read:

AB776,59,2 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).

AB776, s. 176 Section 176. 440.90 (3g) of the statutes is created to read:

AB776,59,4 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).

AB776, s. 177 Section 177. 440.90 (3r) of the statutes is created to read:

AB776,59,6 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).

AB776, s. 178 Section 178. 440.90 (4e) of the statutes is created to read:

AB776,59,8 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).

AB776, s. 179 Section 179. 440.90 (4m) of the statutes is created to read:

AB776,59,11 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB776, s. 180 Section 180. 440.90 (4r) of the statutes is created to read:

AB776,59,13 440.90 (4r) "Licensee" means a person licensed under this subchapter.

AB776, s. 181 Section 181. 440.90 (10m) of the statutes is created to read:

AB776,59,15 440.90 (10m) "Registrant" means a person registered under this subchapter.

AB776, s. 182 Section 182. 440.90 (10r) of the statutes is created to read:

AB776,59,18 440.90 (10r) "Religious cemetery authority" has the meaning given in s. 157.061 (15m).

AB776, s. 183 Section 183. 440.90 (14) of the statutes is repealed.

AB776, s. 184 Section 184. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:

AB776,60,7 440.91 (1) (a) Except as provided in sub. (6m), every 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 burial 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 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 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 trust fund accounts.

AB776, s. 185 Section 185. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:

AB776,60,10 440.91 (1) (b) Except as provided in s. 440.93 (1), the department shall grant a license to a cemetery authority if all of the following are satisfied:

AB776,60,15 1. The cemetery authority submits an application for the license to the department on a form provided by the department. 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.

AB776,60,17 2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees, costs, or expenses charged by the department under s. 440.03 (13) (c).

AB776,60,20 (c) A licensed cemetery authority shall notify the department if it designates a substitute business representative to take the place of a business representative identified under par. (b) 1.

AB776,60,25 (d) If a licensed cemetery authority notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b) 3., the department shall revoke the license granted under par. (b) and require the licensed cemetery authority to reapply for a license under par. (b).

AB776,61,4 (e) 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 10 burial spaces during a period of 2 consecutive calendar years.

AB776,61,8 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 10 or more burial spaces.

AB776, s. 186 Section 186. 440.91 (1m) of the statutes is created to read:

AB776,61,17 440.91 (1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery authority that operates a cemetery for which a license is not required under sub. (1) shall register the cemetery with the department by paying a $5 registration fee and submitting an application on a form provided by the department that requires the applicant to provide the names of the officers of the cemetery authority and any other information that the department may require. A cemetery authority that operates more than one cemetery for which a license is not required under sub. (1) shall pay a separate registration fee and submit a separate application for each cemetery.

AB776,61,19 (b) The renewal dates and renewal fees for registrations under par. (a) are specified in s. 440.08 (2) (a).

AB776,61,22 (c) A cemetery authority is not required to register under par. (a) if it receives no income, other than gifts, from the sale of lots or services or from trust fund earnings.

AB776, s. 187 Section 187. 440.91 (2) (intro.) of the statutes is amended to read:

AB776,62,10 440.91 (2) (intro.) Except as provided in subs. (7) and (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 burial spaces during a 2 calendar year years shall register with be licensed by the department. An individual 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 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, in such form as the department prescribes, all of the following information:

AB776, s. 188 Section 188. 440.91 (2) (a) of the statutes is repealed and recreated to read:

AB776,62,13 440.91 (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.

AB776, s. 189 Section 189. 440.91 (2) (b) and (c) of the statutes are repealed.

AB776, s. 190 Section 190. 440.91 (4) of the statutes is amended to read:

AB776,62,21 440.91 (4) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a). An applicant for renewal of a cemetery salesperson license shall identify each individual that is exempt from licensure under sub. (7) and that the applicant has supervised during the prior 2 years.

AB776, s. 191 Section 191. 440.91 (6m) of the statutes is repealed and recreated to read:

AB776,62,24 440.91 (6m) A religious cemetery authority is not required to be licensed under sub. (1) or registered under sub. (1m).

AB776, s. 192 Section 192. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and amended to read:

AB776,63,8 440.91 (7) (a) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained, and operated by a town, village, or city, church, synagogue or mosque, religious, or fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (2) if the individual is supervised by a cemetery salesperson licensed under sub. (2).

AB776, s. 193 Section 193. 440.91 (7) (b) of the statutes is created to read:

AB776,63,12 440.91 (7) (b) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery owned and operated by a religious cemetery authority is not required to be licensed under sub. (2).

AB776, s. 194 Section 194. 440.91 (8) of the statutes is repealed.

AB776, s. 195 Section 195. 440.91 (9) of the statutes is amended to read:

AB776,63,21 440.91 (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.

AB776, s. 196 Section 196. 440.91 (10) of the statutes is amended to read:

AB776,64,2 440.91 (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.

AB776, s. 197 Section 197. 440.92 (1) (title) of the statutes is repealed and recreated to read:

AB776,64,4 440.92 (1) (title) Licensure.

AB776, s. 198 Section 198. 440.92 (1) (a) of the statutes is amended to read:

AB776,64,12 440.92 (1) (a) Except as provided in subs. (4), and (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 is required to be licensed under this subsection and, if applicable, comply with the requirements under s. 445.125. If such an 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.

AB776, s. 199 Section 199. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB776,64,15 440.92 (1) (b) (intro.) The department shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:

AB776, s. 200 Section 200. 440.92 (1) (bm) of the statutes is created to read:

AB776,64,21 440.92 (1) (bm) If a cemetery authority that is registered under this subsection notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and require the cemetery authority to reapply for a registration under this subsection.