AB410,27,19 15157.637 Veteran burials. A cemetery authority of a cemetery, other than a
16cemetery that is organized and operated by, or affiliated with, a religious society
17organized under ch. 187
association, may not prohibit the burial, as defined in s.
18157.061 (1),
of the human remains of a person specified in s. 45.61 (2) at the cemetery
19if the cemetery authority is paid in its usual and customary manner for the burial.
AB410,80 20Section 80. 157.64 (2) (intro.) and (a) of the statutes are amended to read:
AB410,27,2421 157.64 (2) (intro.) Any person who intentionally does any of the following may
22be fined not more than $1,000 $5,000 or imprisoned for not more than 90 days, or
23both, for the first offense and may be fined not more than $10,000 or imprisoned for
24not more than 9 months, or both, for each subsequent offense
:
AB410,27,2525 (a) Violates s. 157.08 (2) (b), 157.11 (9g), or 157.12 (2) (b), (c), or (d) or (4) (b).
AB410,81
1Section 81. 157.65 (1) (a) of the statutes is amended to read:
AB410,28,62 157.65 (1) (a) If the department of safety and professional services cemetery
3board
has reason to believe that any person is violating or has violated this
4subchapter or any rule promulgated under this subchapter and that the continuation
5of that activity might cause injury to the public interest, the department of safety and
6professional services
cemetery board may investigate.
AB410,82 7Section 82. 157.65 (1) (b) of the statutes is amended to read:
AB410,28,128 157.65 (1) (b) If the department of safety and professional services cemetery
9board
has reason to believe that any person is violating s. 157.12 or any rule
10promulgated under s. 157.12 and that the continuation of that activity might cause
11injury to the public interest, the department of safety and professional services
12cemetery board may investigate.
AB410,83 13Section 83. 157.65 (2) of the statutes is amended to read:
AB410,28,2414 157.65 (2) The department of justice or any district attorney, upon informing
15the department of justice, may commence an action in circuit court in the name of
16the state to restrain by temporary or permanent injunction any violation of this
17subchapter. The court may, prior to entry of final judgment, make such orders or
18judgments as may be necessary to restore to any person any pecuniary loss suffered
19because of the acts or practices involved in the action, if proof of such loss is submitted
20to the satisfaction of the court. The department of justice may subpoena persons and
21require the production of books and other documents, and may request the cemetery
22board described in s. 15.405 (3m) or the department of safety and professional
23services
to exercise its authority under sub. (1) to aid in the investigation of alleged
24violations of this subchapter.
AB410,84 25Section 84. 182.0175 (2) (c) of the statutes is created to read:
AB410,29,3
1182.0175 (2) (c) Exemption for cemeteries. This subsection does not apply to any
2excavation in connection with the burial, as defined in s. 157.061 (1), of human
3remains in a cemetery, as defined in s. 157.061 (1p).
AB410,85 4Section 85. 440.90 (3) of the statutes is amended to read:
AB410,29,65 440.90 (3) "Cemetery services and merchandise" has the meaning given in s.
6157.061 (3).
AB410,86 7Section 86. 440.90 (7) of the statutes is renumbered 440.90 (3e) and amended
8to read:
AB410,29,109 440.90 (3e) "Preneed sales contract" has the meaning given in s. 157.061 (12)
10(3g).
AB410,87 11Section 87. 440.90 (8) of the statutes is renumbered 440.90 (3m) and amended
12to read:
AB410,29,1613 440.90 (3m) "Preneed seller" means an individual who sells or solicits the sale
14of cemetery services and merchandise or an undeveloped space under a preneed sales
15contract or, if such an individual is employed by or acting as an agent for a cemetery
16authority or any other person, the cemetery authority or other person.
AB410,88 17Section 88. 440.90 (9) of the statutes is renumbered 440.90 (3s) and amended
18to read:
AB410,29,1919 440.90 (3s) "Preneed trust fund" has the meaning given in s. 157.061 (13) (3r).
AB410,89 20Section 89. 440.90 (14) of the statutes is amended to read:
AB410,29,2421 440.90 (14) "Wholesale cost ratio" means the actual cost to a preneed seller to
22supply and deliver cemetery services and merchandise or to construct an
23undeveloped space divided by the price paid by the purchaser, excluding sales tax,
24finance or interest charges, administrative fees, and insurance premiums.
AB410,90 25Section 90. 440.91 (1) (a) of the statutes is amended to read:
AB410,30,9
1440.91 (1) (a) Any cemetery authority that operates a cemetery that is 5 has
23
acres or more in size, that sells 20 or more cemetery lots or mausoleum spaces at
3a cemetery during a calendar year,
of dedicated cemetery land or that has $100,000
4$50,000 or more in trust fund accounts for a cemetery shall apply to the board for a
5license for that cemetery. A cemetery authority that operates more than one
6cemetery shall apply for a separate license for each cemetery that is 5 has 3 acres
7or more in size and for each cemetery at which it sells 20 or more burial spaces of
8dedicated cemetery land
or at which it that has $100,000 $50,000 or more in trust
9fund accounts.
AB410,91 10Section 91. 440.91 (1) (c) 1. of the statutes is renumbered 440.91 (1) (c) and
11amended to read:
AB410,30,1712 440.91 (1) (c) The renewal dates for licenses granted under par. (b) are specified
13in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the
14department under s. 440.03 (9) (a), except that a licensed cemetery authority is not
15required to renew its license if the cemetery authority sells less than 20 cemetery lots
16or mausoleum spaces at a cemetery during a calendar year, or that has less than
17$100,000 in trust fund accounts for a cemetery
.
AB410,92 18Section 92. 440.91 (1) (c) 2. of the statutes is repealed.
AB410,93 19Section 93. 440.91 (1m) (a) of the statutes is amended to read:
AB410,31,320 440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that
21operates a cemetery that is has less than 5 3 acres in size, that sells fewer than 20
22cemetery lots or mausoleum spaces at a cemetery during a calendar year,
of dedicated
23cemetery land
or that has less than $100,000 $50,000 in trust fund accounts for a
24cemetery shall register with the board. A cemetery authority that operates more
25than one cemetery shall submit a separate registration to the board for each

1cemetery that is has less than 5 3 acres in size, that sells fewer than 20 cemetery
2lots or mausoleum spaces at a cemetery during a calendar year,
of dedicated cemetery
3land
or that has less than $100,000 $50,000 in trust fund accounts.
AB410,94 4Section 94. 440.91 (2) (intro.) of the statutes is amended to read:
AB410,31,145 440.91 (2) (intro.) Except as provided in sub. (10), every individual who sells
6or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more a cemetery
7lots lot or mausoleum spaces per year during 2 consecutive calendar years space shall
8be licensed by the board. An individual may not be licensed as a cemetery
9salesperson except upon the written request of a cemetery authority and the
10payment of the initial credential fee determined by the department under s. 440.03
11(9) (a). The cemetery authority shall certify in writing to the board that the
12individual is competent to act as a cemetery salesperson. An applicant for licensure
13as a cemetery salesperson shall furnish to the board, in such form as the board
14prescribes, all of the following information:
AB410,95 15Section 95. 440.91 (2) (d) of the statutes is amended to read:
AB410,31,1916 440.91 (2) (d) Any other information which the department board may
17reasonably require to enable it to determine the competency of the salesperson to
18transact the business of a cemetery salesperson in a manner which safeguards the
19interest of the public.
AB410,96 20Section 96. 440.91 (3) of the statutes is amended to read:
AB410,31,2421 440.91 (3) Any cemetery salesperson may transfer to the employment of a
22cemetery authority, other than the cemetery authority that certified the salesperson
23under sub. (2), by filing a transfer form with the department board and paying the
24transfer fee specified in s. 440.05 (7).
AB410,97 25Section 97. 440.91 (4) of the statutes is amended to read:
AB410,32,4
1440.91 (4) Renewal applications shall be submitted to the department board
2on a form provided by the department board on or before the applicable renewal date
3specified under s. 440.08 (2) (a) and shall include the applicable renewal fee
4determined by the department under s. 440.03 (9) (a).
AB410,98 5Section 98. 440.91 (10) of the statutes is amended to read:
AB410,32,96 440.91 (10) Nothing in this section requires an individual who is licensed as
7a preneed seller under s. 440.92 (1) to be licensed as a cemetery salesperson under
8sub. (2) if the individual only sells or solicits the sale of cemetery services and
9merchandise or undeveloped spaces under preneed sales contracts.
AB410,99 10Section 99. 440.92 (1) (a) of the statutes is amended to read:
AB410,32,1511 440.92 (1) (a) Except as provided in subs. (4), (9) (a), and (10), every individual
12who sells or solicits the sale of cemetery services and merchandise or an undeveloped
13space under a preneed sales contract and, if the individual is employed by or acting
14as an agent for a cemetery authority or any other person, that cemetery authority or
15other person is also required to be licensed under this subsection.
AB410,100 16Section 100. 440.92 (1) (b) 1. of the statutes is amended to read:
AB410,32,1817 440.92 (1) (b) 1. Submits an application to the department board on a form
18provided by the department board.
AB410,101 19Section 101. 440.92 (1) (b) 3. of the statutes is amended to read:
AB410,32,2220 440.92 (1) (b) 3. Subject to ss. 111.321, 111.322, and 111.335, submits evidence
21satisfactory to the department board that the person does not have a conviction
22record.
AB410,102 23Section 102. 440.92 (1) (b) 4. of the statutes is amended to read:
AB410,33,324 440.92 (1) (b) 4. Meets any other reasonable requirements established by the
25department board by rule to determine fitness to sell cemetery services and

1merchandise or an undeveloped space under a preneed sales contract. The rules may
2not require applicants to meet minimum education, experience, or prior employment
3requirements or to pass any examination.
AB410,103 4Section 103. 440.92 (1) (c) of the statutes is amended to read:
AB410,33,85 440.92 (1) (c) Renewal applications shall be submitted to the department board
6on a form provided by the department board on or before the applicable renewal date
7specified under s. 440.08 (2) (a) and shall include the applicable renewal fee
8determined by the department under s. 440.03 (9) (a).
AB410,104 9Section 104. 440.92 (2) (a) (intro.) of the statutes is amended to read:
AB410,33,1210 440.92 (2) (a) (intro.) A preneed sales contract for the sale of cemetery services
11and
merchandise shall provide for the delivery of cemetery merchandise in one of the
12following ways:
AB410,105 13Section 105. 440.92 (2) (d) of the statutes is amended to read:
AB410,34,214 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the
15plans for the construction of the mausoleum have been submitted to the department
16of safety and professional services
board for approval under s. 157.12 (2) (a) and the
17preneed sales contract includes the following language in not less than 10-point
18boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE
19HAVE BEEN SUBMITTED TO THE DEPARTMENT OF SAFETY AND
20PROFESSIONAL SERVICES
CEMETERY BOARD FOR APPROVAL. THE
21SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN
22APPROVAL OF THE PLANS BY THE DEPARTMENT OF SAFETY AND
23PROFESSIONAL SERVICES
CEMETERY BOARD, COMPLETE THE
24CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION

1BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
2CEMETERY BOARD."
AB410,106 3Section 106. 440.92 (3) (c) 3. of the statutes is amended to read:
AB410,34,84 440.92 (3) (c) 3. The preneed seller files with the department board a bond
5furnished by a surety company authorized to do business in this state or files with
6the department board and maintains an irrevocable letter of credit from a financial
7institution and the amount of the bond or letter of credit is sufficient to secure the
8cost to the cemetery authority of constructing the mausoleum.
AB410,107 9Section 107. 440.92 (6) (j) of the statutes is amended to read:
AB410,34,1610 440.92 (6) (j) The board may audit, at reasonable times and frequency, the
11records, trust funds and accounts of any preneed seller licensed under sub. (1),
12including records, trust funds and accounts pertaining to services provided by a
13preneed seller which are not otherwise subject to the requirements under this
14section. The department board may conduct audits under this paragraph on a
15random basis, and shall conduct all audits under this paragraph without providing
16prior notice to the preneed seller.
AB410,108 17Section 108. 440.92 (9) (title) of the statutes is amended to read:
AB410,34,1918 440.92 (9) (title) Exemptions; certification of compliance of cemetery
19affiliated with religious
society association.
AB410,109 20Section 109. 440.92 (9) (a) of the statutes is amended to read:
AB410,35,221 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a
22religious society organized under ch. 187 association or that religious society
23association files an annual certification with the department board as provided in
24this subsection, neither the cemetery authority nor any employee of the cemetery is

1required to be licensed as a cemetery preneed seller under sub. (1) during the period
2for which the certification is effective.
AB410,110 3Section 110. 440.92 (9) (b) (intro.) of the statutes is amended to read:
AB410,35,64 440.92 (9) (b) (intro.) A certification under this subsection shall be made on a
5form prescribed and furnished by the department board and include all of the
6following:
AB410,111 7Section 111. 440.92 (9) (b) 2. of the statutes is amended to read:
AB410,35,128 440.92 (9) (b) 2. The name, address and social security number of each
9employee of the cemetery who sold or solicited the sale of cemetery merchandise or
10an undeveloped space under a preneed sales contract for the cemetery during the
1112-month period immediately preceding the date on which the certification is filed
12with the department board.
AB410,112 13Section 112. 440.92 (9) (b) 3. of the statutes is amended to read:
AB410,35,1914 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to
15act on behalf of the religious society association under this subsection that, during
16the 12-month period immediately preceding the date on which the certification is
17filed with the department board, each employee specified under subd. 2. and the
18cemetery authority have either fully complied or have substantially complied with
19subs. (2), (3) (a) and (b) and (5).
AB410,113 20Section 113. 440.92 (9) (d) of the statutes is amended to read:
AB410,35,2321 440.92 (9) (d) A certification under this subsection is effective for the 12-month
22period immediately following the date on which the certification is filed with the
23department board.
AB410,114 24Section 114. 440.92 (9) (e) of the statutes is amended to read:
AB410,36,4
1440.92 (9) (e) During the effective period specified under par. (d), the
2department board may not audit the preneed trust funds or any records or accounts
3relating to the preneed trust funds of the cemetery authority or any employee of the
4cemetery to which a certification under this subsection applies.
AB410,115 5Section 115. 440.92 (9) (f) of the statutes is amended to read:
AB410,36,106 440.92 (9) (f) The religious society association that is affiliated with a cemetery
7to which a certification under this subsection applies is liable for the damages of any
8person that result from the failure of any employee specified under par. (b) 2. or the
9cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) during the
1012-month period for which such compliance has been certified under this subsection.
AB410,116 11Section 116. 440.93 (2) of the statutes is amended to read:
AB410,36,1412 440.93 (2) The department board shall determine in each case the period that
13a limitation, suspension or revocation of a certificate is effective. This subsection
14does not apply to a limitation or suspension under s. 440.13 (2) (a).
AB410,117 15Section 117. 440.945 (5) (a) of the statutes is amended to read:
AB410,36,1816 440.945 (5) (a) If the department board has reason to believe that any person
17is violating this section and that the continuation of that activity might cause injury
18to the public interest, the department board may investigate.
AB410,118 19Section 118. 440.945 (5) (b) of the statutes is amended to read:
AB410,37,420 440.945 (5) (b) The department of justice or any district attorney, upon
21informing the department of justice, may commence an action in circuit court in the
22name of the state to restrain by temporary or permanent injunction any violation of
23this section. The court may, prior to entry of final judgment, make such orders or
24judgments as may be necessary to restore to any person any pecuniary loss suffered
25because of the acts or practices involved in the action, if proof of such loss is submitted

1to the satisfaction of the court. The department of justice may subpoena persons and
2require the production of books and other documents, and may request the
3department of safety and professional services board to exercise its authority under
4par. (a) to aid in the investigation of alleged violations of this section.
AB410,119 5Section 119. 440.947 (5) of the statutes is amended to read:
AB410,37,126 440.947 (5) A person who sells a casket, outer burial container or cemetery
7merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least
8one year after the date of its last distribution to a prospective buyer and shall retain
9a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one
10year after completion of a sale. A person required to retain a copy under this
11subsection shall make the copy available for inspection by the department board
12upon request.
AB410,120 13Section 120. 440.95 (3) of the statutes is amended to read:
AB410,37,1814 440.95 (3) Except as provided in subs. (1) and (2), any person who violates s.
15440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more
16than $1,000 $5,000 or imprisoned for not more than 6 months, or both, for the first
17offense and may be fined not more than $10,000 or imprisoned for not more than 9
18months, or both, for each subsequent offense
.
AB410,121 19Section 121. 440.95 (4) (intro.) of the statutes is amended to read:
AB410,37,2320 440.95 (4) (intro.) Any person who intentionally does any of the following may
21be fined not more than $1,000 $5,000 or imprisoned for not more than 90 days, or
22both, for the first offense and may be fined not more than $10,000 or imprisoned for
23not more than 9 months, or both, for each subsequent offense
:
AB410,122 24Section 122. 440.97 of the statutes is created to read:
AB410,38,7
1440.97 Injunctive relief. Notwithstanding s. 440.21, if it appears upon
2complaint to the board by any person, or if it is known to the board, that any person
3is operating a cemetery, practicing as a cemetery salesperson, or practicing as a
4cemetery preneed seller without a license required under this subchapter, the board,
5the attorney general, or the district attorney of the proper county may investigate
6and may, in addition to any other remedies, bring an action in the name and on behalf
7of the state against the person to enjoin the person from such practice.
AB410,123 8Section 123. 815.18 (3) (a) of the statutes is amended to read:
AB410,38,129 815.18 (3) (a) Provisions for burial. Cemetery lots, aboveground burial
10facilities, burial monuments, tombstones, coffins, cremation urns, urn vaults, outer
11burial containers,
or other articles for the burial of the dead owned by the debtor and
12intended for the burial of the debtor or the debtor's family.
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