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

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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-ASA1,875,1024 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

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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

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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-ASA1,876,2120 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

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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-ASA1,877,2424 440.92 (1) (title) Licensure.

AB100-ASA1,878,5

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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-ASA1,879,223 440.92 (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

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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-ASA1,879,1611 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

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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.

AB100-ASA1,881,42 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not
3apply to a cemetery authority that is not required to be registered licensed under s.
4440.91 (1) and that is not organized or conducted for pecuniary profit.

AB100-ASA1,881,136 440.93 (1) (intro.) The department board may reprimand a registrant licensee
7or deny, limit, suspend, or revoke a certificate of licensure of a cemetery authority,
8cemetery salesperson, or preneed seller if it finds that the applicant or registrant
9licensee, or, if the applicant or registrant, licensee is an association, partnership,
10limited liability company, or corporation, any officer, director, trustee, member, or
11shareholder who beneficially owns, holds, or has the power to vote 5% or more of any
12class of security issued by the applicant or registrant licensee, has done any of the
13following:

AB100-ASA1,881,1715 440.95 (1) Any cemetery authority that is required to register be licensed under
16s. 440.91 (1) and that knowingly fails to register be licensed may be fined not more
17than $100.

AB100-ASA1,881,2219 440.992 (1) Except as otherwise provided in sub. (2), the department shall issue
20a certificate of registration to an individual who complies with s. 440.9915 (1) or
21whose application has been accepted under s. 440.9915 (2), if the individual has paid
22the fees specified in s. 440.9935 fee specified in s. 440.05 (1) (a).

AB100-ASA1,882,12 24440.9935 Registration and renewal fees Renewal. An application for
25registration must be accompanied by a processing fee in an amount established in

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1rules promulgated by the department. If the department determines to issue a
2certificate of registration to an applicant, the department shall require the applicant
3to pay a fee for issuing the certificate in an amount established in rules promulgated
4by the department. The renewal dates date and fee for certificates of registration
5issued under this subchapter are specified in s. 440.08 (2) (a). Renewal applications
6shall be submitted to the department on a form provided by the department and shall
7include a fee in an amount established in rules promulgated by the department,
8except that for the first renewal after a certificate of registration is issued, the
9department shall prorate the fee based on the length of time between between
10issuance and renewal. The amounts established in the rules promulgated under this
11section shall be based on the department's administrative and enforcement costs
12attributable to processing applications and regulating athlete agents.

AB100-ASA1,882,1714 446.02 (2) (c) The examining board shall issue a certificate to a chiropractor
15who is licensed under this chapter, who submits satisfactory evidence that the
16chiropractor has completed 48 hours of postgraduate study in nutrition that is
17approved by the examining board, and who pays a one-time certification fee of $25.

AB100-ASA1,882,2319 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice,
20or a recommendation to a patient regarding the health effects of vitamins, herbs, or
21nutritional supplements unless the chiropractor has been issued a certificate under
22sub. (2) (c). This subsection does not apply to a chiropractor licensed under this
23chapter who is certified as a dietician under subch. V of ch. 448.

AB100-ASA1,883,5

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1452.13 (2) (b) 3. Furnish the department of regulation and licensing with a
2letter authorizing the department of regulation and licensing and the department
3of administration commerce to examine and audit the interest-bearing common
4trust account whenever the department of regulation and licensing or the
5department of administration commerce considers it necessary.

AB100-ASA1,883,97 452.13 (2) (bm) The department of regulation and licensing shall forward to the
8department of administration commerce the information and documents furnished
9under par. (b).

AB100-ASA1,883,1311 452.13 (2) (d) The department of administration commerce is the beneficial
12owner of the interest accruing to the interest-bearing common trust account, minus
13any service charges or fees.

AB100-ASA1,883,2015 452.13 (2) (e) 1. Annually, before February 1, remit to the department of
16administration commerce the total interest or dividends, minus service charges or
17fees, earned on the average daily balance in the interest-bearing common trust
18account during the 12 months ending on the previous December 31. A depository
19institution is not required to remit any amount if the total interest or dividends for
20that period is less than $10 before any deduction for service charges or fees.

AB100-ASA1,884,222 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the
23department of administration commerce and to the broker maintaining the
24interest-bearing common trust account a statement that includes the name of the
25broker for whose account the remittance is made, the rate of interest applied, the

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1amount of service charges or fees deducted, if any, and the account balance for the
2period that the statement covers.

AB100-ASA1,884,54 452.13 (2) (f) 2. May not assess a service charge or fee for an interest-bearing
5common trust account against the department of administration commerce.

AB100-ASA1,884,117 452.13 (2) (f) 3. May deduct a service charge or fee from the interest earned by
8an interest-bearing common trust account, and if a balance remains, may deduct the
9remaining charge or fee from the interest earned on any other interest-bearing
10common trust account maintained in that depository institution, before remitting
11interest to the department of administration commerce.

AB100-ASA1,884,1513 452.13 (5) Rules. In consultation with the department of regulation and
14licensing, the department of administration commerce shall promulgate rules
15necessary to administer this section.