AB100: Bill Text Engrossed

AB100-engrossed, s. 2317 Section 2317. 440.08 (2) (a) 44. of the statutes is amended to read:

AB100-engrossed,881,6 440.08 (2) (a) 44. Manicuring school: July April 1 of each odd-numbered year; $118.

AB100-engrossed, s. 2318 Section 2318. 440.08 (2) (a) 45. of the statutes is amended to read:

AB100-engrossed,881,9 440.08 (2) (a) 45. Manicuring specialty school: July April 1 of each odd-numbered year; $53.

AB100-engrossed, s. 2319 Section 2319. 440.08 (2) (a) 46. of the statutes is amended to read:

AB100-engrossed,881,11 440.08 (2) (a) 46. Manicurist: July April 1 of each odd-numbered year; $133.

AB100-engrossed, s. 2320 Section 2320. 440.08 (2) (a) 46m. of the statutes is amended to read:

AB100-engrossed,881,14 440.08 (2) (a) 46m. Marriage and family therapist: July March 1 of each odd-numbered year; $84.

AB100-engrossed, s. 2321 Section 2321. 440.08 (2) (a) 54. of the statutes is amended to read:

AB100-engrossed,881,17 440.08 (2) (a) 54. Optometrist: January 1 December 15 of each even-numbered odd-numbered year; $65.

AB100-engrossed, s. 2322 Section 2322. 440.08 (2) (a) 62. of the statutes is amended to read:

AB100-engrossed,881,20 440.08 (2) (a) 62. Private detective agency: September 1 of each even-numbered odd-numbered year; $53.

AB100-engrossed, s. 2323 Section 2323. 440.08 (2) (a) 63m. of the statutes is amended to read:

AB100-engrossed,881,23 440.08 (2) (a) 63m. Professional counselor: July March 1 of each odd-numbered year; $76.

AB100-engrossed, s. 2324 Section 2324. 440.08 (2) (a) 65. of the statutes is amended to read:

AB100-engrossed,882,2 440.08 (2) (a) 65. Real estate broker: January 1 December 15 of each odd-numbered even-numbered year; $128.

AB100-engrossed, s. 2325 Section 2325. 440.08 (2) (a) 66. of the statutes is amended to read:

AB100-engrossed,882,5 440.08 (2) (a) 66. Real estate business entity: January 1 December 15 of each odd-numbered even-numbered year; $56.

AB100-engrossed, s. 2326 Section 2326. 440.08 (2) (a) 67. of the statutes is amended to read:

AB100-engrossed,882,8 440.08 (2) (a) 67. Real estate salesperson: January 1 December 15 of each odd-numbered even-numbered year; $83.

AB100-engrossed, s. 2327 Section 2327. 440.08 (2) (a) 68b. of the statutes is created to read:

AB100-engrossed,882,10 440.08 (2) (a) 68b. Sanitarian: January 1 of each even-numbered year, $53.

AB100-engrossed, s. 2328 Section 2328. 440.08 (2) (a) 68d. of the statutes is amended to read:

AB100-engrossed,882,13 440.08 (2) (a) 68d. Social worker: July March 1 of each odd-numbered year; $63.

AB100-engrossed, s. 2329 Section 2329. 440.08 (2) (a) 68h. of the statutes is amended to read:

AB100-engrossed,882,16 440.08 (2) (a) 68h. Social worker, advanced practice: July March 1 of each odd-numbered year; $70.

AB100-engrossed, s. 2330 Section 2330. 440.08 (2) (a) 68p. of the statutes is amended to read:

AB100-engrossed,882,19 440.08 (2) (a) 68p. Social worker, independent: July March 1 of each odd-numbered year; $58.

AB100-engrossed, s. 2331 Section 2331. 440.08 (2) (a) 68t. of the statutes is amended to read:

AB100-engrossed,882,22 440.08 (2) (a) 68t. Social worker, independent clinical: July March 1 of each odd-numbered year; $73.

AB100-engrossed, s. 2332 Section 2332. 440.08 (2) (a) 69. of the statutes is amended to read:

AB100-engrossed,882,25 440.08 (2) (a) 69. Time-share salesperson: January 1 December 15 of each odd-numbered even-numbered year; $119.

AB100-engrossed, s. 2333 Section 2333. 440.08 (2) (a) 70. of the statutes is amended to read:

AB100-engrossed,883,3 440.08 (2) (a) 70. Veterinarian: January 1 December 15 of each even-numbered odd-numbered year; $105.

AB100-engrossed, s. 2334 Section 2334. 440.08 (2) (a) 71. of the statutes is amended to read:

AB100-engrossed,883,6 440.08 (2) (a) 71. Veterinary technician: January 1 December 15 of each even-numbered odd-numbered year; $58.

AB100-engrossed, s. 2336 Section 2336. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is created to read:

AB100-engrossed,883,9 chapter 440

AB100-engrossed,883,11 subchapter VI sanitarians

AB100-engrossed, s. 2336m Section 2336m. 440.70 (6) of the statutes is created to read:

AB100-engrossed,883,17 440.70 (6) Applications. An application for a sanitarian registration under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for a sanitarian registration are specified under s.440.08 (2) (a).

AB100-engrossed, s. 2337 Section 2337. 440.70 (9) of the statutes is created to read:

AB100-engrossed,883,22 440.70 (9) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, or revocation of a registration under sub. (8), the department may assess against any person a forfeiture of not less than $100 nor more than $1,000 for each violation under sub. (8).

AB100-engrossed, s. 2337am Section 2337am. Subchapter VII of chapter 440 [precedes 440.75] of the statutes is created to read:

AB100-engrossed,883,25 chapter 440

AB100-engrossed,884,1 subchapter Vii

AB100-engrossed,884,3 alcohol and other drug abuse counselors

AB100-engrossed,884,9 440.75 Alcohol and other drug abuse counselors. (1) Certification. Except as provided in s. 440.12 or 440.13, the department shall certify as an alcohol and other drug abuse counselor any individual who satisfies the conditions in sub. (3) and who has presented evidence satisfactory to the department that alcohol and other drug abuse counselor certification standards and qualifications of the department, as established by rule, have been met.

AB100-engrossed,884,13 (2) Certification; standards and qualifications. The department shall promulgate rules that establish minimum standards and qualifications for the certification of alcohol and other drug abuse counselors, including substance abuse counselors described under s. HFS 75.02 (84) (b), Wis. Adm. Code.

AB100-engrossed,884,18 (3) Applications; certification period. An application for an alcohol and other drug abuse counselor certification under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for an alcohol and other drug abuse counselor certification are specified under s. 440.08 (2) (a).

AB100-engrossed,884,24 (4) Certification required. No person may represent himself or herself to the public as an alcohol and other drug abuse counselor or a certified alcohol and other drug abuse counselor or use in connection with his or her name a title or description that conveys the impression that he or she is an alcohol and other drug abuse counselor or a certified alcohol and other drug abuse counselor unless he or she is certified under sub. (1).

AB100-engrossed,885,6 (5) Revocation, denial, suspension, or limitation of certification. The department may, after a hearing held in conformity with chapter 227, revoke, deny, suspend, or limit under this subchapter the certification of any alcohol and other drug abuse counselor or reprimand the alcohol and other drug abuse counselor, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence.

AB100-engrossed,885,8 (6) Certification other than by department prohibited. No entity other than the department may certify alcohol and other drug abuse counselors.

AB100-engrossed, s. 2337b Section 2337b. 440.90 (1) of the statutes is renumbered 440.90 (1c).

AB100-engrossed, s. 2337c Section 2337c. 440.90 (1b) of the statutes is created to read:

AB100-engrossed,885,11 440.90 (1b) "Board" means the cemetery board.

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

AB100-engrossed,885,14 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

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

AB100-engrossed,885,16 440.90 (4r) "Licensee" means a person licensed under this subchapter.

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

AB100-engrossed,885,21 440.905 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-engrossed,885,25 (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-engrossed, s. 2337h Section 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:

AB100-engrossed,886,14 440.91 (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-engrossed, s. 2337i Section 2337i. 440.91 (1) (b) and (c) of the statutes are created to read:

AB100-engrossed,886,17 440.91 (1) (b) The board shall grant a license to a cemetery authority if all of the following are satisfied:

AB100-engrossed,886,22 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-engrossed,886,23 2. The cemetery authority pays the fee specified in s. 440.05 (1).

AB100-engrossed,887,3 (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-engrossed,887,8 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 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-engrossed, s. 2337k Section 2337k. 440.91 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,887,21 440.91 (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-engrossed, s. 2337L Section 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:

AB100-engrossed,887,24 440.91 (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-engrossed, s. 2337m Section 2337m. 440.91 (6m) of the statutes is amended to read:

AB100-engrossed,888,4 440.91 (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-engrossed, s. 2337n Section 2337n. 440.91 (7) of the statutes is amended to read:

AB100-engrossed,888,10 440.91 (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-engrossed, s. 2337p Section 2337p. 440.91 (9) of the statutes is amended to read:

AB100-engrossed,888,18 440.91 (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-engrossed, s. 2337q Section 2337q. 440.91 (10) of the statutes is amended to read:

AB100-engrossed,888,23 440.91 (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-engrossed, s. 2337r Section 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to read:

AB100-engrossed,889,1 440.92 (1) (title) Licensure.

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

AB100-engrossed,889,7 440.92 (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-engrossed, s. 2337t Section 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,889,11 440.92 (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: