SB347,8,16 7440.042 Advisory committees. The secretary may appoint persons or
8advisory committees to advise the department and the boards, examining boards and
9affiliated credentialing boards in the department on matters relating to the
10regulation of credential holders. The secretary shall appoint an advisory committee
11to advise the department on matters relating to carrying out the duties specified in
12s. 440.982 and making investigations, conducting hearings and taking disciplinary
13action under s. 440.986. A person or an advisory committee member appointed under
14this subsection section shall serve without compensation, but may be reimbursed for
15his or her actual and necessary expenses incurred in the performance of his or her
16duties.
Note: Section 12 of this bill changes "subsection" to "section" to conform to the
renumbering of s. 440.042, Stats., relating to advisory committees to the department of
regulation and licensing.
SB347, s. 13 17Section 13. 440.042 (2) of the statutes is renumbered 440.043 and amended
18to read:
SB347,9,9
1440.043 Immunity from liability. Any person who in good faith testifies
2before the department or any examining board, affiliated credentialing board or
3board in the department or otherwise provides the department or any examining
4board, affiliated credentialing board or board in the department with advice or
5information on a matter relating to the regulation of a person holding a credential
6is immune from civil liability for his or her acts or omissions in testifying or otherwise
7providing such advice or information. The good faith of any person specified in this
8subsection section shall be presumed in any civil action and an allegation that such
9a person has not acted in good faith must be proven by clear and convincing evidence.
Note: Section 13 of this bill changes "subsection" to "section" and creates a
statutory title to conform to the renumbering of s. 440.042, Stats., pertaining to immunity
from liability for testimony before the department of regulation and licensing or any
examining board.
SB347, s. 14 10Section 14. 440.26 (5) (b) of the statutes is amended to read:
SB347,9,1611 440.26 (5) (b) The license requirements of this section do not apply to any
12person employed directly or indirectly by the state or by a municipality, as defined
13in s. 345.05 (1) (c), or to any employee of a railroad company under s. 192.47, or to
14any employee of a commercial establishment, while the person is acting within the
15scope of his or her employment and whether or not he or she is on the employer's
16premises.
Note: Section 14 of this bill eliminates the phrase "directly or indirectly" from the
exemption to the license requirement for private detectives, private detective agencies
and private security personnel. According the department of regulation and licensing,
the term "indirectly" is not defined, which causes difficulty in interpreting the law.
SB347, s. 15 17Section 15. 440.92 (1) (a) of the statutes is amended to read:
SB347,9,2018 440.92 (1) (a) Except as provided in subs. sub. (4), (9) (a) and (10) s. 440.928,
19every individual who sells or solicits the sale of cemetery merchandise or an
20undeveloped space under a preneed sales contract and, if the individual is employed

1by or acting as an agent for a cemetery authority or any other person, that cemetery
2authority or other person is required to be registered under this subsection.
Note: Sections 15, 16 to 53, 54, 55, 56 and 57 reflect the creation of statutory titles
for and the renumbering of s. 440.92, Stats., pertaining to the regulation of cemetery
preneed sellers. According to the department of regulation and licensing, the current
statute is difficult to use due to its length and organization.
SB347, s. 16 3Section 16. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
SB347, s. 17 4Section 17. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a).
SB347, s. 18 5Section 18. 440.92 (2) (am) of the statutes is renumbered 440.922 (2).
SB347, s. 19 6Section 19. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
SB347, s. 20 7Section 20. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
8amended to read:
SB347,10,149 440.922 (3) Voiding of contracts. Except as provided in par. (cm) sub. (4), a
10preneed sales contract shall provide that if the purchaser voids the preneed sales
11contract at any time within 10 days after the date of the initial payment the preneed
12seller shall, within 30 days after the date on which the preneed sales contract is
13voided, refund all money paid by the purchaser for cemetery merchandise that has
14not been supplied or delivered and for the mausoleum space.
SB347, s. 21 15Section 21. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
SB347, s. 22 16Section 22. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
SB347, s. 23 17Section 23. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).
SB347, s. 24 18Section 24. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and
19amended to read:
SB347,10,2320 440.922 (5) (c) If a preneed sales contract is voided under par. (e) (b), the
21preneed seller shall, within 30 days after the date on which the preneed sales
22contract is voided, refund all money paid by the purchaser, together with interest
23calculated at the legal rate of interest as provided under s. 138.04.
SB347, s. 25
1Section 25. 440.92 (2) (g) of the statutes is renumbered 440.922 (6).
SB347, s. 26 2Section 26. 440.92 (2) (h) of the statutes is renumbered 440.922 (10).
SB347, s. 27 3Section 27. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and
4amended to read:
SB347,11,125 440.922 (7) Trusting requirements. If a preneed sales contract includes
6provisions for the sale of cemetery merchandise or an undeveloped space that is
7subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b) and for the
8sale of other goods or services that are not subject to the trusting requirements under
9sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
10to the trusting requirements may not be inflated for the purpose of allocating a lower
11sale price to the cemetery merchandise or undeveloped space that is subject to the
12trusting requirements.
SB347, s. 28 13Section 28. 440.92 (2) (j) of the statutes is renumbered 440.922 (8) and
14amended to read:
SB347,12,515 440.922 (8) Contract requirements. A preneed sales contract shall be in
16writing. The preneed seller shall provide the purchaser with a copy of the preneed
17sales contract at the time that the preneed sales contract is entered into. A provision
18in a written preneed sales contract that limits the terms of the transaction to those
19included in the written preneed sales contract and that disclaims any oral
20agreements pertaining to the transaction creates a rebuttable presumption that no
21oral preneed sales contract pertaining to the transaction exists. A preneed sales
22contract that is not in writing may not be voided by the preneed seller, but may be
23voided by the purchaser at any time before all of the cemetery merchandise
24purchased has been delivered, before the plans for constructing the mausoleum have
25been approved under s. 157.12 (2) (a) or, if the mausoleum is a public mausoleum,

1before the construction of the mausoleum has been certified under s. 157.12 (2) (b).
2If a preneed sales contract is voided under this paragraph subsection, the preneed
3seller shall, within 30 days after the date on which the preneed sales contract is
4voided, refund all money paid by the purchaser, together with interest calculated at
5the legal rate of interest as provided under s. 138.04.
SB347, s. 29 6Section 29. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and
7amended to read:
SB347,12,148 440.922 (9) Notice of rights. A preneed sales contract shall include the
9following language in not less than 10-point boldface type: "SECTION 440.92 (2)
10440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE
11PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE
12CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE
13CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
14INTEREST IN THE CONTRACT TO ANOTHER PERSON."
SB347, s. 30 15Section 30. 440.92 (4) (a) (title) and (am) (title) of the statutes are created to
16read:
SB347,12,1717 440.92 (4) (a) (title) Trusts; delivery guarantees.
SB347,12,1818 (am) (title) Cemetery affiliated with religious society.
SB347, s. 31 19Section 31. 440.92 (4) (b) (title) of the statutes is created to read:
SB347,12,2020 440.92 (4) (b) (title) Refunds.
SB347, s. 32 21Section 32. 440.92 (5) of the statutes is renumbered 440.924 and amended to
22read:
SB347,13,10 23440.924 Use of preneed trust funds to cover costs of construction or
24partial performance.
(1) Before the construction of a mausoleum for which a
25preneed trust fund has been established is certified under s. 157.12 (2) (b), the

1trustee of the preneed trust fund shall, upon receipt of a written request for the
2release of a specified amount of the funds from the preneed seller and the person who
3is constructing the mausoleum, release the specified amount of the funds, but only
4if the request is accompanied by a sworn statement, signed by the preneed seller and
5the person who is constructing the mausoleum, certifying that the specified amount
6does not exceed the amount charged to the preneed seller by the person who is
7constructing the mausoleum for labor that has actually been performed and
8materials that have actually been used in the construction of the mausoleum, and
9does not include any cost for which preneed trust funds have been previously
10released under this paragraph subsection.
SB347,13,20 11(2) Before all of the terms of a preneed sales contract for the sale of cemetery
12merchandise are fulfilled, the trustee of the preneed trust fund shall, upon receipt
13of a written request for the release of a specified amount of the funds from the
14preneed seller, release the specified amount of the funds, but only if the request is
15accompanied by a sworn statement, signed by the preneed seller, certifying that the
16specified amount does not exceed the actual cost to the preneed seller for any
17cemetery merchandise that has actually been supplied or delivered and for any
18cemetery services that have actually been performed, and does not include any cost
19for which preneed trust funds have been previously released under this paragraph
20subsection.
SB347, s. 33 21Section 33. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and
22amended to read:
SB347,13,24 23440.926 (title) Reporting; Preneed seller reporting and record keeping;
24audits
.
SB347, s. 34
1Section 34. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and
2amended to read:
SB347,14,83 440.926 (1) (a) Every preneed seller registered under sub. s. 440.92 (1) shall
4file an annual report with the department. The report shall be made on a form
5prescribed and furnished by the department. The report shall be made on a
6calendar-year basis unless the department, by rule, provides for other reporting
7periods. The report is due on or before the 60th day after the last day of the reporting
8period.
SB347, s. 35 9Section 35. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1)
10(b) and (c).
SB347, s. 36 11Section 36. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and
12amended to read:
SB347,14,1813 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and
14maintained by the department are confidential and are not available for inspection
15or copying under s. 19.35 (1). This paragraph does not apply to any information
16regarding the name, address, or employer of or financial information related to an
17individual that is requested under s. 49.22 (2m) by the department of workforce
18development or a county child support agency under s. 59.53 (5).
SB347, s. 37 19Section 37. 440.92 (6) (e) of the statutes is renumbered 440.926 (1) (d) and
20amended to read:
SB347,14,2221 440.926 (1) (d) The department shall review each report filed under par. (a) to
22determine whether the preneed seller is complying with this section subchapter.
SB347, s. 38 23Section 38. 440.92 (6) (f) of the statutes is renumbered 440.926 (1) (e).
SB347, s. 39 24Section 39. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and
25440.926 (2) (a) 1. and 2., as renumbered, are amended to read:
SB347,15,2
1440.926 (2) (a) 1. The records needed to prepare the reports required under par.
2sub. (1) (a).
SB347,15,53 2. Records that show, for each deposit in a trust fund or account specified in
4pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed
5sales contract relating to the deposit and the item purchased.
SB347, s. 40 6Section 40. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
7amended to read:
SB347,15,128 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently
9maintained by the preneed seller. The records under par. sub. (1) (b) 2. shall be
10maintained for not less than 3 years after all of the obligations of the preneed sales
11contract have been fulfilled. The department may promulgate rules to establish
12longer time periods for maintaining records under this paragraph.
SB347, s. 41 13Section 41. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
14amended to read:
SB347,15,1715 440.926 (3) (a) The department may promulgate rules requiring preneed
16sellers registered under sub. s. 440.92 (1) to maintain other records and establishing
17minimum time periods for the maintenance of those records.
SB347, s. 42 18Section 42. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
19amended to read:
SB347,16,220 440.926 (4) Audits. The department may audit, at reasonable times and
21frequency, the records, trust funds, and accounts of any preneed seller registered
22under sub. s. 440.92 (1), including records, trust funds, and accounts pertaining to
23services provided by a preneed seller which are not otherwise subject to the
24requirements under this section subchapter. The department may conduct audits

1under this paragraph subsection on a random basis, and shall conduct all audits
2under this paragraph subsection without providing prior notice to the preneed seller.
SB347, s. 43 3Section 43. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and
4amended to read:
SB347,16,75 440.926 (3) (b) The department may promulgate rules establishing a filing fee
6to accompany the report required under par. sub. (1) (a). The filing fee shall be based
7on the approximate cost of regulating preneed sellers.
SB347, s. 44 8Section 44. 440.92 (7) of the statutes is renumbered 440.927 and amended to
9read:
SB347,16,24 10440.927 Approval of warehouses. No person may own or operate a
11warehouse unless the warehouse is approved by the department. Upon application,
12the department shall approve a warehouse that is located in this state if the person
13who operates the warehouse is licensed as a public warehouse keeper by the
14department of agriculture, trade and consumer protection under ch. 99, but may not
15approve a warehouse that is located in this state unless the person is so licensed. The
16department shall promulgate rules establishing the requirements for approval of
17warehouses that are located outside this state. The rules shall require warehouses
18that are located outside this state to file with the department a bond furnished by
19a surety company authorized to do business in this state in an amount that is
20sufficient to guarantee the delivery of cemetery merchandise to purchasers under
21preneed sales contracts. The department shall compile and keep a current list of the
22names and addresses of all warehouses approved under this subsection section and
23shall make the list available for public inspection during the times specified in s.
24230.35 (4) (f).
SB347, s. 45 25Section 45. 440.92 (9) (title) of the statutes is repealed.
SB347, s. 46
1Section 46. 440.92 (9) (a) of the statutes is renumbered 440.92 (4) (am) 1. and
2amended to read:
SB347,17,83 440.92 (4) (am) 1. If the cemetery authority of a cemetery that is affiliated with
4a religious society organized under ch. 187 or that religious society files an annual
5certification with the department as provided in this subsection paragraph, neither
6the cemetery authority nor any employee of the cemetery is required to be registered
7as a cemetery preneed seller under sub. (1) during the period for which the
8certification is effective.
SB347, s. 47 9Section 47. 440.92 (9) (b) of the statutes is renumbered 440.92 (4) (am) 2., and
10440.92 (4) (am) 2. (intro.) and c., as renumbered, are amended to read:
SB347,17,1311 440.92 (4) (am) 2. (intro.) A certification under this subsection paragraph shall
12be made on a form prescribed and furnished by the department and include all of the
13following:
SB347,17,1914 c. A notarized statement of a person who is legally authorized to act on behalf
15of the religious society under this subsection paragraph that, during the 12-month
16period immediately preceding the date on which the certification is filed with the
17department, each employee specified under subd. 2. b. and the cemetery authority
18have either fully complied or have substantially complied with subs. (2), sub. (3) (a)
19and (b) and (5) ss. 440.922 and 44.924.
SB347, s. 48 20Section 48. 440.92 (9) (c) of the statutes is renumbered 440.92 (4) (am) 3. and
21amended to read:
SB347,17,2522 440.92 (4) (am) 3. If the statement under par. (b) 3. subd. 2. c. includes a
23statement of substantial compliance, the statement of substantial compliance must
24also specify those instances when the employee or cemetery authority did not fully
25comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.
SB347, s. 49
1Section 49. 440.92 (9) (d) of the statutes is renumbered 440.92 (4) (am) 4. and
2amended to read:
SB347,18,53 440.92 (4) (am) 4. A certification under this subsection paragraph is effective
4for the 12-month period immediately following the date on which the certification
5is filed with the department.
SB347, s. 50 6Section 50. 440.92 (9) (e) of the statutes is renumbered 440.92 (4) (am) 5. and
7amended to read:
SB347,18,118 440.92 (4) (am) 5. During the effective period specified under par. (d) subd. 4.,
9the department may not audit the preneed trust funds or any records or accounts
10relating to the preneed trust funds of the cemetery authority or any employee of the
11cemetery to which a certification under this subsection paragraph applies.
SB347, s. 51 12Section 51. 440.92 (9) (f) of the statutes is renumbered 440.92 (4) (am) 6. and
13amended to read:
SB347,18,1914 440.92 (4) (am) 6. The religious society that is affiliated with a cemetery to
15which a certification under this subsection paragraph applies is liable for the
16damages of any person that result from the failure of any employee specified under
17par. (b) subd. 2. b. or the cemetery authority to fully comply with sub. (2), (3) (a) or
18(b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance
19has been certified under this subsection paragraph.
SB347, s. 52 20Section 52. 440.92 (10) of the statutes is renumbered 440.928 and amended
21to read:
SB347,18,25 22440.928 Exemptions; certain nonprofit cemeteries. This section does
23Sections 440.92 to 440.927 do not apply to a cemetery authority that is not required
24to be registered under s. 440.91 (1) and that is not organized or conducted for
25pecuniary profit.
SB347, s. 53
1Section 53. 440.922 (1) (title), (2) (title), (4) (title), (5) (title), (6) (title) and (10)
2(title) of the statutes are created to read:
SB347,19,33 440.922 (1) (title) Delivery of cemetery merchandise.
SB347,19,4 4(2) (title) Affixture of cemetery merchandise.
SB347,19,5 5(4) (title) Physical alteration of cemetery merchandise.
SB347,19,6 6(5) (title) Undeveloped space sales.
SB347,19,7 7(6) (title) Interest assignments.
SB347,19,8 8(10) (title) Conflicting provisions.
SB347, s. 54 9Section 54. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are
10created to read:
SB347,19,1111 440.926 (1) (title) Reports.
SB347,19,12 12(2) (title) Records.
SB347,19,13 13(3) (title) Rules.
SB347, s. 55 14Section 55. 440.95 (4) (c) of the statutes is amended to read:
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