AB726: Bill Text

AB726,87 Section 87. 157.061 (2g) of the statutes is repealed.

AB726,88 Section 88. 157.08 (2) (b) of the statutes is amended to read:

AB726,25,11 157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the cemetery board department in writing of the proposed sale or encumbrance. If within 60 days after the cemetery board department is notified of the proposed sale or encumbrance the cemetery board department notifies the cemetery authority in writing that the cemetery board department objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the cemetery board department subsequently notifies the cemetery authority in writing that the objection is withdrawn. The cemetery board department may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The cemetery board department may, before the expiration of the 60-day period, notify the cemetery authority in writing that the cemetery board department approves of the sale or encumbrance. Upon receipt of the cemetery board's department's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The cemetery board department shall make every effort to make determinations under this paragraph in an expeditious manner.

AB726,89 Section 89. 157.11 (9g) (a) 1. c. of the statutes is amended to read:

AB726,25,16 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise deposited by the cemetery authority in an investment approved by the cemetery board department if the care funds are segregated and invested separately from all other moneys held by the cemetery authority.

AB726,90 Section 90. 157.19 (2) (b) of the statutes is amended to read:

AB726,25,22 157.19 (2) (b) The cemetery authority may not change the trustee of a care fund under s. 157.11 (9g) that is deposited under this section or of a care fund under s. 157.12 (3), and the financial institution may not release any portion of the principal amount of the care fund, without the cemetery board's department's written approval.

AB726,91 Section 91. 157.19 (2) (c) of the statutes is amended to read:

AB726,26,11 157.19 (2) (c) Upon request of the financial institution, the preneed seller, as defined in s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales contract. Except as provided in s. 440.92 (2) (c), (f), and (j) and (5), preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled. The financial institution is not responsible for the fulfillment of any part of the preneed sales contract, except that the financial institution shall release the preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, as provided by the terms of the preneed sales contract. The trustee of a preneed trust fund may not be changed without the cemetery board's department's written approval. If the trustee or account number of a preneed trust fund is changed, the cemetery authority shall notify the cemetery board department in writing within 30 days after the change.

AB726,92 Section 92. 157.19 (2) (d) of the statutes is amended to read:

AB726,26,20 157.19 (2) (d) The cemetery board department shall promulgate rules establishing reasonable requirements and standards for the approval of changes under pars. (b) and (c). For approval of changes under par. (b), the rules shall require the cemetery authority to submit evidence that the rights and interests of the beneficiary of the care fund will be adequately protected if the change is approved. For approval of changes under par. (c), the rules shall require the trustee to submit evidence that the rights and interests of the purchaser under the preneed sales contract will be adequately protected if the change is approved.

AB726,93 Section 93. 157.19 (4) of the statutes is amended to read:

AB726,26,24 157.19 (4) The cemetery board department may promulgate rules allowing funds invested under this section to be deposited with a financial institution located outside this state.

AB726,94 Section 94. 157.19 (5) (b) of the statutes is amended to read:

AB726,27,7 157.19 (5) (b) If the cemetery board department determines that care funds under s. 157.11 (9g) that have not been deposited with a city or county as provided in s. 157.11 (9g) (a) are not being properly segregated from other moneys held by the cemetery authority or that those care funds are not being properly invested as required in s. 157.11 (9g) (a), the cemetery board department may require the cemetery authority to deposit those care funds with a financial institution for investment under this section.

AB726,95 Section 95. 157.62 (2) (a) of the statutes is amended to read:

AB726,27,14 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every cemetery authority shall file an annual report with the cemetery board department. The report shall be made on a form prescribed and furnished by the cemetery board department. The report shall be made on a calendar-year basis unless the cemetery board department, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period.

AB726,96 Section 96. 157.62 (2) (c) of the statutes is amended to read:

AB726,27,18 157.62 (2) (c) All records relating to accountings of trust funds described under par. (b) 3. to 7. and maintained by the department and by the cemetery board are confidential and are not available for inspection or copying under s. 19.35 (1).

AB726,97 Section 97. 157.65 (2) of the statutes is amended to read:

AB726,28,5 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB726,98 Section 98. 180.1901 (1m) (ag) of the statutes is repealed.

AB726,99 Section 99. 180.1901 (1m) (b) of the statutes is amended to read:

AB726,28,8 180.1901 (1m) (b) Medical examining board under subch. II or IV of ch. 448.

AB726,100 Section 100. 180.1901 (1m) (bg) of the statutes is renumbered 180.1901 (1m) (h) and amended to read:

AB726,28,12 180.1901 (1m) (h) Physical Medical therapy examining board under subch. III of ch. 448 464.

AB726,101 Section 101. 180.1901 (1m) (bk) of the statutes is repealed.

AB726,102 Section 102. 180.1901 (1m) (br) of the statutes is amended to read:

AB726,28,16 180.1901 (1m) (br) Dietitians affiliated credentialing board Department of safety and professional services under subch. V of ch. 448.

AB726,103 Section 103. 180.1901 (1m) (bs) of the statutes is repealed.

AB726,104 Section 104. 180.1901 (1m) (bu) of the statutes is repealed.

AB726,105 Section 105. 231.01 (7) (d) 2. of the statutes is amended to read:

AB726,28,21 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or 464, or the substantially equivalent laws or rules of another state.

AB726,106 Section 106. 252.14 (1) (ar) 4e. of the statutes is renumbered 252.14 (1) (ar) 8e. and amended to read:

AB726,28,25 252.14 (1) (ar) 8e. A physical therapist or physical therapist assistant licensed under subch. III I of ch. 448 464.

AB726,107 Section 107. 252.14 (1) (ar) 4p. of the statutes is renumbered 252.14 (1) (ar) 8m. and amended to read:

AB726,29,4 252.14 (1) (ar) 8m. An occupational therapist or occupational therapy assistant licensed under subch. VII II of ch. 448 464.

AB726,108 Section 108. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 8s. and amended to read:

AB726,29,7 252.14 (1) (ar) 8s. An athletic trainer licensed under subch. VI III of ch. 448 464.

AB726,109 Section 109. 252.14 (1) (ar) 9. of the statutes is amended to read:

AB726,29,10 252.14 (1) (ar) 9. An employee or agent of any provider specified under subds. 1. to 8. 8s.

AB726,110 Section 110. 252.14 (1) (ar) 10. of the statutes is amended to read:

AB726,29,13 252.14 (1) (ar) 10. A partnership of any provider specified under subds. 1. to 8. 8s.

AB726,111 Section 111. 252.14 (1) (ar) 11. of the statutes is amended to read:

AB726,29,16 252.14 (1) (ar) 11. A corporation of any provider specified under subds. 1. to 8. 8s. that provides health care services.

AB726,112 Section 112. 255.40 (2) (a) (intro.) of the statutes is amended to read:

AB726,29,20 255.40 (2) (a) (intro.) Any person licensed, certified or registered by the state under ch. 441, 448 or, 455, or 464 who treats a patient suffering from any of the following shall report in accordance with par. (b):

AB726,113 Section 113. 440.03 (3) of the statutes is amended to read:

AB726,29,25 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 or 15.406.

AB726,114 Section 114. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB726,30,5 440.03 (9) (a) (intro.) Subject to pars. par. (b) and (c), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

AB726,115 Section 115. 440.03 (9) (c) of the statutes is repealed.

AB726,116 Section 116. 440.032 (title) of the statutes is repealed.

AB726,117 Section 117. 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.) and amended to read:

AB726,30,10 459.40 Definitions. (intro.) In this section subchapter:

AB726,118 Section 118. 440.032 (1) (a) of the statutes is renumbered 459.40 (1).

AB726,119 Section 119. 440.032 (1) (b) of the statutes is repealed.

AB726,120 Section 120. 440.032 (1) (c) of the statutes is renumbered 459.40 (3).

AB726,121 Section 121. 440.032 (1) (d) of the statutes is renumbered 459.40 (4) and amended to read:

AB726,30,22 459.40 (4) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other another similar nationally recognized certification organization, or a successor program administered by the department of health services.

AB726,122 Section 122. 440.032 (2) of the statutes is renumbered 459.41, and 459.41 (1), (2) (intro.) and (c) and (3), as renumbered, are amended to read:

AB726,31,4 459.41 (1) Except as provided in pars. (b) and (c) subs. (2) and (3), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department examining board under sub. (3) s. 459.42.

AB726,31,6 (2) (intro.) No license is required under this subsection sub. (1) for any of the following:

AB726,31,11 (c) A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision paragraph does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.

AB726,31,18 (3) (a) The council examining board may grant a temporary exemption from the requirement under sub. (1) to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council examining board may not grant an individual more than 2 temporary exemptions under this subdivision paragraph per year.

AB726,31,23 (b) The council examining board may grant a temporary or permanent exemption from the requirement under sub. (1) to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council examining board or for persons specified by the council examining board.

AB726,123 Section 123. 440.032 (3) of the statutes is renumbered 459.42, and 459.42 (1) (a) (intro.) and 3., (b) and (c) and (2) (a) (intro.), (b) (intro.) and (c), as renumbered, are amended to read:

AB726,32,10 459.42 (1) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:

AB726,32,13 3. Any valid certification granted by any other organization that the department examining board determines is substantially equivalent to a certification specified in subd. 1. a. or b. or 2.

AB726,32,19 (b) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under s. 440.03 (9) (a), if the applicant has a certification specified in subd. 1. a. par. (a) 1. and if the applicant provides to the department examining board satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.

AB726,33,4 (c) The department examining board shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in subd. 1. par. (a) (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department examining board that the applicant holds one of the certifications specified in subd. 1. a., b., or c. par. (a) 1., 2., or 3., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.

AB726,33,9 (2) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB726,33,15 (b) (intro.) The department examining board shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a) sub. (1), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB726,33,17 (c) A license granted under subd. 1. or 2. par. (a) or (b) may be renewed twice and is not valid upon the expiration of the 2nd renewal period.

AB726,124 Section 124. 440.032 (4) of the statutes is renumbered 459.44 and amended to read:

AB726,33,25 459.44 Notification required. A person who is licensed under sub. (3) s. 459.42 shall notify the department examining board in writing within 30 days if the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license is revoked or invalidated. The department examining board shall revoke a license granted under sub. (3) s. 459.42 if such a certification or membership is revoked or invalidated.

AB726,125 Section 125. 440.032 (5) of the statutes is renumbered 459.43 and amended to read:

AB726,34,9 459.43 License renewal. The renewal dates date for licenses granted under sub. (3) (a) are s. 459.42 (1) is specified in s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department examining board on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department examining board that the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license has not been revoked or invalidated.

AB726,126 Section 126. 440.032 (6) (intro.) of the statutes is renumbered 459.45 (1) (intro.) and amended to read:

AB726,34,13 459.45 (1) Council. (intro.) The council Subject to sub. (2), the examining board shall do all of the following:

AB726,127 Section 127. 440.032 (6) (a) of the statutes is repealed.

AB726,128 Section 128. 440.032 (6) (b) of the statutes is renumbered 459.45 (1) (a) and amended to read:

AB726,34,19 459.45 (1) (a) Advise the department regarding the promulgation and implementation of Promulgate and implement rules regarding the practice of sign language interpreters.

AB726,129 Section 129. 440.032 (6) (c) of the statutes is renumbered 459.45 (1) (d).

AB726,130 Section 130. 440.032 (6) (d) of the statutes is renumbered 459.45 (1) (c) and amended to read:

AB726,34,24 459.45 (1) (c) Promulgate rules establishing a process and criteria for granting exemptions under sub. (2) (c) 2. s. 459.41 (3) (b).

AB726,131 Section 131. 440.032 (6) (e) of the statutes is repealed.

AB726,132 Section 132. 440.032 (7) (title) of the statutes is repealed.

AB726,133 Section 133. 440.032 (7) (a) of the statutes is renumbered 459.45 (2) and amended to read: