AB410: Bill Text

AB410,34,19 440.92 (9) (title) Exemptions; certification of compliance of cemetery affiliated with religious society association.

AB410,109 Section 109. 440.92 (9) (a) of the statutes is amended to read:

AB410,35,2 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 association or that religious society association files an annual certification with the department board as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.

AB410,110 Section 110. 440.92 (9) (b) (intro.) of the statutes is amended to read:

AB410,35,6 440.92 (9) (b) (intro.) A certification under this subsection shall be made on a form prescribed and furnished by the department board and include all of the following:

AB410,111 Section 111. 440.92 (9) (b) 2. of the statutes is amended to read:

AB410,35,12 440.92 (9) (b) 2. The name, address and social security number of each employee of the cemetery who sold or solicited the sale of cemetery merchandise or an undeveloped space under a preneed sales contract for the cemetery during the 12-month period immediately preceding the date on which the certification is filed with the department board.

AB410,112 Section 112. 440.92 (9) (b) 3. of the statutes is amended to read:

AB410,35,19 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to act on behalf of the religious society association under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the department board, each employee specified under subd. 2. and the cemetery authority have either fully complied or have substantially complied with subs. (2), (3) (a) and (b) and (5).

AB410,113 Section 113. 440.92 (9) (d) of the statutes is amended to read:

AB410,35,23 440.92 (9) (d) A certification under this subsection is effective for the 12-month period immediately following the date on which the certification is filed with the department board.

AB410,114 Section 114. 440.92 (9) (e) of the statutes is amended to read:

AB410,36,4 440.92 (9) (e) During the effective period specified under par. (d), the department board 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 applies.

AB410,115 Section 115. 440.92 (9) (f) of the statutes is amended to read:

AB410,36,10 440.92 (9) (f) The religious society association that is affiliated with a cemetery to which a certification under this subsection applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) 2. or the cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) during the 12-month period for which such compliance has been certified under this subsection.

AB410,116 Section 116. 440.93 (2) of the statutes is amended to read:

AB410,36,14 440.93 (2) The department board shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

AB410,117 Section 117. 440.945 (5) (a) of the statutes is amended to read:

AB410,36,18 440.945 (5) (a) If the department board has reason to believe that any person is violating this section and that the continuation of that activity might cause injury to the public interest, the department board may investigate.

AB410,118 Section 118. 440.945 (5) (b) of the statutes is amended to read:

AB410,37,4 440.945 (5) (b) 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 section. 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 department of safety and professional services board to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

AB410,119 Section 119. 440.947 (5) of the statutes is amended to read:

AB410,37,12 440.947 (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department board upon request.

AB410,120 Section 120. 440.95 (3) of the statutes is amended to read:

AB410,37,18 440.95 (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $1,000 $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense.

AB410,121 Section 121. 440.95 (4) (intro.) of the statutes is amended to read:

AB410,37,23 440.95 (4) (intro.) Any person who intentionally does any of the following may be fined not more than $1,000 $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense:

AB410,122 Section 122. 440.97 of the statutes is created to read:

AB410,38,7 440.97 Injunctive relief. Notwithstanding s. 440.21, if it appears upon complaint to the board by any person, or if it is known to the board, that any person is operating a cemetery, practicing as a cemetery salesperson, or practicing as a cemetery preneed seller without a license required under this subchapter, the board, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.

AB410,123 Section 123. 815.18 (3) (a) of the statutes is amended to read:

AB410,38,12 815.18 (3) (a) Provisions for burial. Cemetery lots, aboveground burial facilities, burial monuments, tombstones, coffins, cremation urns, urn vaults, outer burial containers, or other articles for the burial of the dead owned by the debtor and intended for the burial of the debtor or the debtor's family.

AB410,124 Section 124. 895.04 (5) of the statutes is amended to read:

AB410,38,22 895.04 (5) If the personal representative brings the action, the personal representative may also recover the reasonable cost of medical expenses, funeral expenses, including the reasonable cost of a cemetery lot and care of the lot, grave marker and care of the lot or other burial monument, coffin, cremation urn, urn vault, outer burial container, or other article intended for the burial of the dead. If a relative brings the action, the relative may recover such those medical expenses, funeral expenses, including the cost of a cemetery lot, grave marker and care of the lot, on behalf of himself or herself or of any person who has paid or assumed liability for such those expenses.

AB410,125 Section 125. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB410,39,4 157.113 Permission to place cremated human remains in a cemetery. No person may deposit any cremated human remains of a corpse in any a cemetery , including in the casket of another person, without the permission of the person who owns or is in charge of the cemetery cemetery authority.

AB410,126 Section 126. Nonstatutory provisions.

AB410,39,6 (1) Transfer of regulation of cemeteries and cemetery authorities.

AB410,39,14 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services and the department of financial institutions that is primarily related to the regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety and professional services and the secretary of financial institutions, as appropriate, is transferred to the cemetery board.

AB410,39,24 (b) Contracts. All contracts entered into by the department of safety and professional services and the department of financial institutions in effect on the effective date of this paragraph that are primarily related to the regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety and professional services and the secretary of financial institutions, as appropriate, remain in effect and are transferred to the cemetery board. The cemetery board shall carry out any obligations under such a contract until the contract is modified or rescinded by the cemetery board to the extent allowed under the contract.

AB410,40,16 (c) Rules and orders. All rules promulgated by the department of safety and professional services and the department of financial institutions that relate to the regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety and professional services and the secretary of financial institutions, as appropriate, that are in effect on the effective date of this paragraph, remain in effect until their specified expiration dates or until amended or repealed by the cemetery board. All orders issued by the department of safety and professional services and the department of financial institutions relating to the regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety and professional services and the secretary of financial institutions, as appropriate, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the cemetery board.

AB410,41,2 (d) Pending matters. Any matter pending with the department of safety and professional services or the department of financial institutions on the effective date of this paragraph that is primarily related to the regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety and professional services or the secretary of financial institutions, as appropriate, is transferred to the cemetery board, and all materials submitted to and actions taken by the department of safety and professional services or the department of financial institutions, as appropriate, with respect to the pending matter are considered as having been submitted to or taken by the cemetery board.

AB410,41,7 (2) Return of care funds. Within 180 days after the effective date of this subsection, each county, city, village, or town holding care funds under section 157.11 (9g) (a), 2013 stats., shall pay those care funds to the appropriate cemetery authority. The cemetery authority shall invest those care funds under sections 157.11 (9g) (a) and 157.19 of the statutes, as affected by this act.

AB410,127 Section 127. Initial applicability.

AB410,41,10 (1) The treatment of section 440.92 (2) (d) of the statutes first applies to a preneed sales contract entered into on the effective date of this subsection.

AB410,128 Section 128. Effective date.

AB410,41,13 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB410,41,14 (End)