SB347: Bill Text

SB347,12,5 440.922 (8) Contract requirements. A preneed sales contract shall be in writing. The preneed seller shall provide the purchaser with a copy of the preneed sales contract at the time that the preneed sales contract is entered into. A provision in a written preneed sales contract that limits the terms of the transaction to those included in the written preneed sales contract and that disclaims any oral agreements pertaining to the transaction creates a rebuttable presumption that no oral preneed sales contract pertaining to the transaction exists. A preneed sales contract that is not in writing may not be voided by the preneed seller, but may be voided by the purchaser at any time before all of the cemetery merchandise purchased has been delivered, before the plans for constructing the mausoleum have been approved under s. 157.12 (2) (a) or, if the mausoleum is a public mausoleum, before the construction of the mausoleum has been certified under s. 157.12 (2) (b). If a preneed sales contract is voided under this paragraph subsection, the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04.

SB347, s. 29 Section 29. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and amended to read:

SB347,12,14 440.922 (9) Notice of rights. A preneed sales contract shall include the following language in not less than 10-point boldface type: "SECTION 440.92 (2) 440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN INTEREST IN THE CONTRACT TO ANOTHER PERSON."

SB347, s. 30 Section 30. 440.92 (4) (a) (title) and (am) (title) of the statutes are created to read:

SB347,12,17 440.92 (4) (a) (title) Trusts; delivery guarantees.

SB347,12,18 (am) (title) Cemetery affiliated with religious society.

SB347, s. 31 Section 31. 440.92 (4) (b) (title) of the statutes is created to read:

SB347,12,20 440.92 (4) (b) (title) Refunds.

SB347, s. 32 Section 32. 440.92 (5) of the statutes is renumbered 440.924 and amended to read:

SB347,13,10 440.924 Use of preneed trust funds to cover costs of construction or partial performance. (1) Before the construction of a mausoleum for which a preneed trust fund has been established is certified under s. 157.12 (2) (b), the trustee of the preneed trust fund shall, upon receipt of a written request for the release of a specified amount of the funds from the preneed seller and the person who is constructing the mausoleum, release the specified amount of the funds, but only if the request is accompanied by a sworn statement, signed by the preneed seller and the person who is constructing the mausoleum, certifying that the specified amount does not exceed the amount charged to the preneed seller by the person who is constructing the mausoleum for labor that has actually been performed and materials that have actually been used in the construction of the mausoleum, and does not include any cost for which preneed trust funds have been previously released under this paragraph subsection.

SB347,13,20 (2) Before all of the terms of a preneed sales contract for the sale of cemetery merchandise are fulfilled, the trustee of the preneed trust fund shall, upon receipt of a written request for the release of a specified amount of the funds from the preneed seller, release the specified amount of the funds, but only if the request is accompanied by a sworn statement, signed by the preneed seller, certifying that the specified amount does not exceed the actual cost to the preneed seller for any cemetery merchandise that has actually been supplied or delivered and for any cemetery services that have actually been performed, and does not include any cost for which preneed trust funds have been previously released under this paragraph subsection.

SB347, s. 33 Section 33. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and amended to read:

SB347,13,24 440.926 (title) Reporting; Preneed seller reporting and record keeping; audits.

SB347, s. 34 Section 34. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:

SB347,14,8 440.926 (1) (a) Every preneed seller registered under sub. s. 440.92 (1) shall file an annual report with the department. The report shall be made on a form prescribed and furnished by the department. The report shall be made on a calendar-year basis unless the department, 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.

SB347, s. 35 Section 35. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).

SB347, s. 36 Section 36. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:

SB347,14,18 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and maintained by the department 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).

SB347, s. 37 Section 37. 440.92 (6) (e) of the statutes is renumbered 440.926 (1) (d) and amended to read:

SB347,14,22 440.926 (1) (d) The department shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section subchapter.

SB347, s. 38 Section 38. 440.92 (6) (f) of the statutes is renumbered 440.926 (1) (e).

SB347, s. 39 Section 39. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:

SB347,15,2 440.926 (2) (a) 1. The records needed to prepare the reports required under par. sub. (1) (a).

SB347,15,5 2. Records that show, for each deposit in a trust fund or account specified in pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased.

SB347, s. 40 Section 40. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and amended to read:

SB347,15,12 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently maintained by the preneed seller. The records under par. sub. (1) (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 may promulgate rules to establish longer time periods for maintaining records under this paragraph.

SB347, s. 41 Section 41. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and amended to read:

SB347,15,17 440.926 (3) (a) The department may promulgate rules requiring preneed sellers registered under sub. s. 440.92 (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

SB347, s. 42 Section 42. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and amended to read:

SB347,16,2 440.926 (4) Audits. The department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any preneed seller registered under sub. s. 440.92 (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 subchapter. The department may conduct audits under this paragraph subsection on a random basis, and shall conduct all audits under this paragraph subsection without providing prior notice to the preneed seller.

SB347, s. 43 Section 43. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and amended to read:

SB347,16,7 440.926 (3) (b) The department may promulgate rules establishing a filing fee to accompany the report required under par. sub. (1) (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.

SB347, s. 44 Section 44. 440.92 (7) of the statutes is renumbered 440.927 and amended to read:

SB347,16,24 440.927 Approval of warehouses. No person may own or operate a warehouse unless the warehouse is approved by the department. Upon application, the department shall approve a warehouse that is located in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The department shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state. The rules shall require warehouses that are located outside this state to file with the department a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The department shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection section and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f).

SB347, s. 45 Section 45. 440.92 (9) (title) of the statutes is repealed.

SB347, s. 46 Section 46. 440.92 (9) (a) of the statutes is renumbered 440.92 (4) (am) 1. and amended to read:

SB347,17,8 440.92 (4) (am) 1. 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 paragraph, neither the cemetery authority nor any employee of the cemetery is required to be registered as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.

SB347, s. 47 Section 47. 440.92 (9) (b) of the statutes is renumbered 440.92 (4) (am) 2., and 440.92 (4) (am) 2. (intro.) and c., as renumbered, are amended to read:

SB347,17,13 440.92 (4) (am) 2. (intro.) A certification under this subsection paragraph shall be made on a form prescribed and furnished by the department and include all of the following:

SB347,17,19 c. A notarized statement of a person who is legally authorized to act on behalf of the religious society under this subsection paragraph that, during the 12-month period immediately preceding the date on which the certification is filed with the department, each employee specified under subd. 2. b. and the cemetery authority have either fully complied or have substantially complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 44.924.

SB347, s. 48 Section 48. 440.92 (9) (c) of the statutes is renumbered 440.92 (4) (am) 3. and amended to read:

SB347,17,25 440.92 (4) (am) 3. If the statement under par. (b) 3. subd. 2. c. includes a statement of substantial compliance, the statement of substantial compliance must also specify those instances when the employee or cemetery authority did not fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.

SB347, s. 49 Section 49. 440.92 (9) (d) of the statutes is renumbered 440.92 (4) (am) 4. and amended to read:

SB347,18,5 440.92 (4) (am) 4. A certification under this subsection paragraph is effective for the 12-month period immediately following the date on which the certification is filed with the department.

SB347, s. 50 Section 50. 440.92 (9) (e) of the statutes is renumbered 440.92 (4) (am) 5. and amended to read:

SB347,18,11 440.92 (4) (am) 5. During the effective period specified under par. (d) subd. 4., the department may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the cemetery authority or any employee of the cemetery to which a certification under this subsection paragraph applies.

SB347, s. 51 Section 51. 440.92 (9) (f) of the statutes is renumbered 440.92 (4) (am) 6. and amended to read:

SB347,18,19 440.92 (4) (am) 6. The religious society that is affiliated with a cemetery to which a certification under this subsection paragraph applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) subd. 2. b. or the cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance has been certified under this subsection paragraph.

SB347, s. 52 Section 52. 440.92 (10) of the statutes is renumbered 440.928 and amended to read:

SB347,18,25 440.928 Exemptions; certain nonprofit cemeteries. This section does Sections 440.92 to 440.927 do not apply to a cemetery authority that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

SB347, s. 53 Section 53. 440.922 (1) (title), (2) (title), (4) (title), (5) (title), (6) (title) and (10) (title) of the statutes are created to read:

SB347,19,3 440.922 (1) (title) Delivery of cemetery merchandise.

SB347,19,4 (2) (title) Affixture of cemetery merchandise.

SB347,19,5 (4) (title) Physical alteration of cemetery merchandise.

SB347,19,6 (5) (title) Undeveloped space sales.

SB347,19,7 (6) (title) Interest assignments.

SB347,19,8 (10) (title) Conflicting provisions.

SB347, s. 54 Section 54. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

SB347,19,11 440.926 (1) (title) Reports.

SB347,19,12 (2) (title) Records.

SB347,19,13 (3) (title) Rules.

SB347, s. 55 Section 55. 440.95 (4) (c) of the statutes is amended to read:

SB347,19,16 440.95 (4) (c) Fails to file a report or files an incomplete, false or misleading report under s. 440.92 (6) 440.926.

SB347, s. 56 Section 56. 440.95 (4) (d) of the statutes is amended to read:

SB347,19,19 440.95 (4) (d) Files a false or misleading certification under s. 440.92 (9) (4) (am).

SB347, s. 57 Section 57. 440.95 (5) of the statutes is amended to read:

SB347,19,24 440.95 (5) Except as provided in sub. (4), any person who violates s. ss. 440.92 to 440.927 or any rule promulgated under s. ss. 440.92 to 440.927 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.

SB347, s. 58 Section 58. 443.10 (2) (b) of the statutes is amended to read:

SB347,20,2 443.10 (2) (b) The fees for examinations and the fees and renewal dates for licenses granted or renewed under this chapter are specified in ss. 440.05 and 440.08.

Note: Sections 58 and 59 eliminate redundancy in the statutes regarding license renewal requirements for architects, landscape architects and professional engineers.

SB347, s. 59 Section 59. 443.10 (2) (e) of the statutes is repealed.

SB347, s. 60 Section 60. 453.06 (2) of the statutes is repealed.

Note: Sections 60 and 61 eliminate redundancy in the statutes regarding renewal requirements for veterinarian licenses and veterinary technician certifications.

SB347, s. 61 Section 61. 453.06 (4) of the statutes is amended to read:

SB347,20,7 453.06 (4) The renewal date and renewal fee for veterinary licenses and veterinary technician certifications are specified under s. 440.08 (2) (a).

SB347, s. 62 Section 62. 455.06 of the statutes is amended to read:

SB347,20,14 455.06 Renewals. The renewal date and renewal fee for licenses issued under s. 455.04 (1) and (4) are specified under s. 440.08 (2) (a). Late renewal fees are specified in s. 440.08 (3) (a). An applicant for renewal of a license shall include with his or her application proof of completion of continuing education programs or courses approved under s. 455.065 (4) for the minimum number of hours required in the rules promulgated under s. 455.065 (1).

Note: Section 62 of this bill eliminates redundancy in the statutes regarding license renewal requirements for psychologists.

SB347,20,15 (End)