AB1-ASA1-AA61,60,4
1440.922
(5) (c) If a preneed sales contract is voided under par.
(e) (b), the
2preneed seller shall, within 30 days after the date on which the preneed sales
3contract is voided, refund all money paid by the purchaser, together with interest
4calculated at the legal rate of interest as provided under s. 138.04.
AB1-ASA1-AA61, s. 464oh
5Section 464oh. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922
6(6) and (10).
AB1-ASA1-AA61, s. 464oi
7Section 464oi. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and
8amended to read:
AB1-ASA1-AA61,60,169
440.922
(7) Trusting requirements. If a preneed sales contract includes
10provisions for the sale of cemetery merchandise or an undeveloped space that is
11subject to the trusting requirements under
sub. s. 440.92 (3) (a) and (b) and for the
12sale of other goods or services that are not subject to the trusting requirements under
13sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
14to the trusting requirements may not be inflated for the purpose of allocating a lower
15sale price to the cemetery merchandise or undeveloped space that is subject to the
16trusting requirements.
AB1-ASA1-AA61, s. 464ok
18Section 464ok. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and
19amended to read:
AB1-ASA1-AA61,61,220
440.922
(9) Notice of rights. A preneed sales contract shall include the
21following language in not less than 10-point boldface type: "SECTION
440.92 (2) 22440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE
23PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE
24CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE
1CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
2INTEREST IN THE CONTRACT TO ANOTHER PERSON."
AB1-ASA1-AA61, s. 464oL
3Section 464oL. 440.92 (3) (a) (intro.) of the statutes is renumbered 440.92 (3)
4(a) and amended to read:
AB1-ASA1-AA61,61,145
440.92
(3) (a) A preneed seller shall deposit into a preneed trust fund an
6amount equal to at least 40% of each payment of principal that is received from the
7sale of cemetery merchandise under a preneed sales contract
, or the wholesale cost
8ratio for the cemetery merchandise multiplied by the amount of the payment of
9principal that is received, whichever is greater. In addition to the amount required
10to be deposited under this paragraph for the sale of cemetery merchandise and except
11as provided in par. (c), if a preneed seller receives payment for the sale of an
12undeveloped space under a preneed sales contract, the preneed seller shall deposit
13a percentage at least 40% of each payment of principal that is received from the sale
14of the undeveloped space into a preneed trust fund
, determined as follows:.
AB1-ASA1-AA61,61,1917
440.92
(3) (c) (intro.) A preneed seller is not required to make the deposits
18required under par. (a)
1. and 2. for payments for sales of undeveloped spaces under
19preneed contracts if any of the following applies:
AB1-ASA1-AA61,61,2121
440.92
(4) (title)
Exceptions to registration licensure requirement.
AB1-ASA1-AA61,62,223
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
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:
AB1-ASA1-AA61,62,94
440.92
(4) (b) If any preneed seller who is not
registered licensed under sub.
5(1) accepts a payment under a preneed sales contract and the merchandise is not
6delivered within 180 days after the date of the sale, the preneed seller shall
7immediately notify the purchaser that the purchaser is entitled to a refund of all
8money paid by the purchaser, together with interest calculated at the legal rate of
9interest as provided under s. 138.04, at any time before the merchandise is delivered.
AB1-ASA1-AA61, s. 464os
11Section 464os. 440.92 (6) (title) of the statutes is renumbered 440.926 (title)
12and amended to read:
AB1-ASA1-AA61,62,14
13440.926 (title)
Reporting;
Preneed seller reporting and record keeping;
14audits.
AB1-ASA1-AA61, s. 464ot
15Section 464ot. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and
16amended to read:
AB1-ASA1-AA61,62,2217
440.926
(1) (a) Every preneed seller
registered licensed under
sub. s. 440.92 18(1) shall file an annual report with the department. The report shall be made on a
19form prescribed and furnished by the department. The report shall be made on a
20calendar-year basis unless the department, by rule, provides for other reporting
21periods. The report is due on or before the 60th day after the last day of the reporting
22period.
AB1-ASA1-AA61, s. 464ou
23Section 464ou. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926
24(1) (b) and (c).
AB1-ASA1-AA61, s. 464ov
1Section 464ov. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and
2amended to read:
AB1-ASA1-AA61,63,83
440.926
(2) (c) All records described under
pars. sub. (1) (b) 2. and (c) and
4maintained by the department are confidential and are not available for inspection
5or copying under s. 19.35 (1). This paragraph does not apply to any information
6regarding the name, address
, or employer of or financial information related to an
7individual that is requested under s. 49.22 (2m) by the department of workforce
8development or a county child support agency under s. 59.53 (5).
AB1-ASA1-AA61, s. 464ow
9Section 464ow. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926
10(1) (d) and (e).
AB1-ASA1-AA61, s. 464ox
11Section 464ox. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and
12440.926 (2) (a) 1. and 2., as renumbered, are amended to read:
AB1-ASA1-AA61,63,1413
440.926
(2) (a) 1. The records needed to prepare the reports required under
par.
14sub. (1) (a).
AB1-ASA1-AA61,63,1715
2. Records that show, for each deposit in a trust fund or account specified in
16pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed
17sales contract relating to the deposit and the item purchased.
AB1-ASA1-AA61, s. 464oy
18Section 464oy. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
19amended to read:
AB1-ASA1-AA61,63,2420
440.926
(2) (b) The records under
par.
sub. (1) (b) 1. shall be permanently
21maintained by the preneed seller. The records under
par. sub. (1) (b) 2. shall be
22maintained for not less than 3 years after all of the obligations of the preneed sales
23contract have been fulfilled. The department may promulgate rules to establish
24longer time periods for maintaining records under this paragraph.
AB1-ASA1-AA61, s. 464oz
1Section 464oz. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
2amended to read:
AB1-ASA1-AA61,64,53
440.926
(3) (a) The department may promulgate rules requiring preneed
4sellers
registered licensed under
sub. s. 440.92 (1) to maintain other records and
5establishing minimum time periods for the maintenance of those records.
AB1-ASA1-AA61, s. 464pa
6Section 464pa. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
7amended to read:
AB1-ASA1-AA61,64,158
440.926
(4) Audits. The department may audit, at reasonable times and
9frequency, the records, trust funds
, and accounts of any preneed seller
registered 10licensed under
sub. s. 440.92 (1), including records, trust funds
, and accounts
11pertaining to services provided by a preneed seller which are not otherwise subject
12to the requirements under this
section subchapter. The department may conduct
13audits under this
paragraph subsection on a random basis, and shall conduct all
14audits under this
paragraph subsection without providing prior notice to the preneed
15seller.
AB1-ASA1-AA61, s. 464pb
16Section 464pb. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and
17amended to read:
AB1-ASA1-AA61,64,2018
440.926
(3) (b) The department may promulgate rules establishing a filing fee
19to accompany the report required under
par. sub. (1) (a). The filing fee shall be based
20on the approximate cost of regulating preneed sellers.
AB1-ASA1-AA61,65,12
23440.927 Approval of warehouses. No person may own or operate a
24warehouse
located inside or outside this state unless the warehouse is approved by
25the department.
Upon application, the department shall approve a warehouse that
1is located in this state if the person who operates the warehouse is licensed as a public
2warehouse keeper by the department of agriculture, trade and consumer protection
3under ch. 99, but may not approve a warehouse that is located in this state unless
4the person is so licensed. The department shall promulgate rules establishing the
5requirements for approval of warehouses
that are located outside this state under
6this section. The rules shall require warehouses
that are located outside this state 7to file with the department a bond furnished by a surety company authorized to do
8business in this state in an amount that is sufficient to guarantee the delivery of
9cemetery merchandise to purchasers under preneed sales contracts. The
10department shall compile and keep a current list of the names and addresses of all
11warehouses approved under this
subsection section and shall make the list available
12for public inspection during the times specified in s. 230.35 (4) (f).
AB1-ASA1-AA61,65,1514
440.92
(9) (title)
Exemptions; certification of compliance of religious
15cemetery affiliated with religious society
authorities.
AB1-ASA1-AA61,66,217
440.92
(9) (a) If
the cemetery authority of a cemetery that is affiliated with a
18religious society organized under ch. 187 or that religious society
a religious
19cemetery authority or the church, synagogue, mosque, incorporated college of a
20religious order, or religious society organized under ch. 187 that is affiliated with a
21religious cemetery authority files an annual certification with the department as
22provided in this subsection, neither the
religious cemetery authority nor any
23employee of the cemetery is required to be
registered
licensed as a cemetery preneed
24seller under sub. (1) during the period for which the certification is effective
, but the
1religious cemetery authority and any employee are required to comply, if applicable,
2with the requirements of s. 445.125.
AB1-ASA1-AA61,66,94
440.92
(9) (b) 3. A notarized statement of a person who is legally authorized to
5act on behalf of the religious
society cemetery authority under this subsection that,
6during the 12-month period immediately preceding the date on which the
7certification is filed with the department, each employee specified under subd. 2. and
8the
religious cemetery authority have either fully complied or have substantially
9complied with
subs. (2), sub. (3) (a) and (b) and
(5) ss. 440.922 and 440.924.
AB1-ASA1-AA61,66,1411
440.92
(9) (c) If the statement under par. (b) 3. includes a statement of
12substantial compliance, the statement of substantial compliance must also specify
13those instances when the employee or
religious cemetery authority did not fully
14comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or 440.924.
AB1-ASA1-AA61,66,1916
440.92
(9) (e) During the effective period specified under par. (d), the
17department may not audit the preneed trust funds or any records or accounts
18relating to the preneed trust funds of the
religious cemetery authority or any
19employee of the cemetery to which a certification under this subsection applies.
AB1-ASA1-AA61,67,221
440.92
(9) (f) The
church, synagogue, mosque, incorporated college of a
22religious order, or religious society that is affiliated with a cemetery to which a
23certification under this subsection applies is liable for the damages of any person
24that result from the failure of any employee specified under par. (b) 2. or the
religious 25cemetery authority to fully comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or
1440.924 during the 12-month period for which such compliance has been certified
2under this subsection.
AB1-ASA1-AA61, s. 464pj
4Section 464pj. 440.922 (1) (title), (4) (title), (5) (title), (6) (title), (8) (title) and
5(10) (title) of the statutes are created to read:
AB1-ASA1-AA61,67,66
440.922
(1) (title)
Delivery of cemetery merchandise.
AB1-ASA1-AA61,67,7
7(4) (title)
Physical alteration of cemetery merchandise.
AB1-ASA1-AA61,67,8
8(5) (title)
Undeveloped space sales.
AB1-ASA1-AA61,67,9
9(6) (title)
Interest assignments.
AB1-ASA1-AA61,67,10
10(8) (title)
Contract requirements.
AB1-ASA1-AA61,67,11
11(10) (title)
Conflicting provisions.
AB1-ASA1-AA61, s. 464pk
12Section 464pk. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are
13created to read:
AB1-ASA1-AA61,67,1414
440.926
(1) (title)
Reports.
AB1-ASA1-AA61,67,15
15(2) (title)
Records.
AB1-ASA1-AA61,67,16
16(3) (title)
Rules.
AB1-ASA1-AA61,67,18
18440.928 Burial space purchase agreements. (1) In this section:
AB1-ASA1-AA61,67,1919
(a) "Cemetery authority" does not include a religious cemetery authority.
AB1-ASA1-AA61,67,2120
(b) "Opening or closing fees" means fees charged by a cemetery authority for
21opening or closing a burial space.
AB1-ASA1-AA61,67,2322
(c) "Purchase agreement" means an agreement for the purchase of a burial
23space.
AB1-ASA1-AA61,68,3
1(2) Before entering into a purchase agreement, a cemetery authority shall
2disclose to the purchaser any opening or closing fees charged by the cemetery
3authority.
AB1-ASA1-AA61,68,5
4(3) A purchase agreement shall be in writing and shall include each of the
5following:
AB1-ASA1-AA61,68,96
(a) The terms and conditions and any other pertinent information regarding
7the purchase, including the price of the burial space, any perpetual care
8requirements, and any resale, inheritor, cancellation, or refund rights under the
9agreement.
AB1-ASA1-AA61,68,1310
(b) A description of all goods and services that are reasonably expected to be
11required at the time of need that are not subject to the purchase agreement,
12including opening and closing fees and any additional fees for weekend, holiday, or
13after hours burial.
AB1-ASA1-AA61,68,20
14(4) A cemetery authority shall assign a serial number to each purchase
15agreement that it enters into, maintain file copies in numerical order according to
16the serial number and enter the serial number and a description of each purchase
17agreement into a sales journal. Any additional purchase by a purchaser more than
1830 days after entering a purchase agreement shall be the subject of a separate
19purchase agreement with a separate serial number that is the current unused serial
20number in consecutive order.
AB1-ASA1-AA61,68,25
22440.929 Rules. The department shall promulgate rules that establish a code
23of ethics to govern the professional conduct of cemetery authorities licensed under
24s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers
25licensed under s. 440.92 (1).
AB1-ASA1-AA61,69,112
440.93
(1) (intro.) The department may
deny a certificate of licensure or
3registration of a cemetery authority, cemetery salesperson, or preneed seller and the
4board may reprimand a
licensee or registrant or
deny, limit, suspend
, or revoke a
5certificate of
licensure or registration a cemetery authority, cemetery salesperson or
6preneed seller if it if the department or board, respectively, finds that the applicant
,
7licensee, or registrant, or, if the applicant
, licensee, or registrant
, is an association,
8partnership, limited liability company
, or corporation, any officer, director, trustee,
9member
, or shareholder who beneficially owns, holds
, or has the power to vote 5% or
10more of any class of security issued by the applicant
, licensee, or registrant, has done
11any of the following:
AB1-ASA1-AA61,69,1513
440.93
(1) (b) Made a substantial misrepresentation or false promise to an
14individual to influence the individual to purchase
a cemetery lot, cemetery
15merchandise or
mausoleum a burial space.
AB1-ASA1-AA61,69,2017
440.93
(1) (c) Engaged in any practice relating to the
operation or management
18of a cemetery or the sale of
a cemetery lot, cemetery merchandise or
mausoleum a
19burial space which clearly demonstrates a lack of knowledge or ability to apply
20professional principles or skills.
AB1-ASA1-AA61,69,2322
440.93
(1) (cm) Engaged in unprofessional or unethical conduct in violation of
23the code of ethics established in the rules promulgated under s. 440.929.
AB1-ASA1-AA61,70,5
1440.93
(1) (d)
Subject to ss. 111.321, 111.322 and 111.335, been convicted of an
2offense Violated any law the circumstances of which substantially relate to the
3operation or management of a cemetery or the sale of
a cemetery lot, cemetery
4merchandise or
mausoleum a burial space.
A certified copy of a judgment of
5conviction is prima facie evidence of a violation.
AB1-ASA1-AA61,70,107
440.93
(1) (f) Subject to ss. 111.321, 111.322
, and 111.34, engaged in any
8practice relating to the
operation or management of a cemetery or the sale of
a
9cemetery lot, cemetery merchandise or
mausoleum
a burial space while the person's
10ability to practice was impaired by
mental disease or defect or alcohol or other drugs.