SB55-ASA1-AA1-AA30,51,74 440.14 (5) (a) The department or, a credentialing board, or another board in the
5department
may not disclose on any list that it furnishes to another person a
6personal identifier of any individual who has made a declaration under sub. (2), (3),
7or (4).
SB55-ASA1-AA1-AA30,51,158 (b) Paragraph (a) does not apply to a list that the department or, a credentialing
9board, or another board in the department furnishes to another state agency, a law
10enforcement agency, or a federal governmental agency. A state agency that receives
11a list from the department or, a credentialing board, or another board in the
12department
containing a personal identifier of any individual who has made a
13declaration under sub. (2), (3), or (4) may not disclose the personal identifier to any
14person other than a state agency, a law enforcement agency, or a federal
15governmental agency.
SB55-ASA1-AA1-AA30, s. 3592t 16Section 3592t. 440.22 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,51,25 17440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
18means the compensation and reasonable expenses of hearing examiners and of
19prosecuting attorneys for the department, examining board or, affiliated
20credentialing board, or other board in the department, a reasonable disbursement
21for the service of process or other papers, amounts actually paid out for certified
22copies of records in any public office, postage, telephoning, adverse examinations and
23depositions and copies, expert witness fees, witness fees and expenses, compensation
24and reasonable expenses of experts and investigators, and compensation and
25expenses of a reporter for recording and transcribing testimony.
SB55-ASA1-AA1-AA30, s. 3605gb
1Section 3605gb. 440.90 (1) of the statutes is renumbered 440.90 (1d).
SB55-ASA1-AA1-AA30, s. 3605gd 2Section 3605gd. 440.90 (1b) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,33 440.90 (1b) "Board" means the cemetery board.
SB55-ASA1-AA1-AA30, s. 3605gf 4Section 3605gf. 440.90 (1c) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,55 440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
SB55-ASA1-AA1-AA30, s. 3605gh 6Section 3605gh. 440.90 (1g) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,77 440.90 (1g) "Business entity" has the meaning given in s. 452.01 (3j).
SB55-ASA1-AA1-AA30, s. 3605gj 8Section 3605gj. 440.90 (1r) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,99 440.90 (1r) "Business representative" has the meaning given in s. 452.01 (3k).
SB55-ASA1-AA1-AA30, s. 3605gL 10Section 3605gL. 440.90 (3g) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,1111 440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
SB55-ASA1-AA1-AA30, s. 3605gn 12Section 3605gn. 440.90 (3r) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,1313 440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
SB55-ASA1-AA1-AA30, s. 3605gp 14Section 3605gp. 440.90 (4e) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,1515 440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
SB55-ASA1-AA1-AA30, s. 3605gr 16Section 3605gr. 440.90 (4m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,1817 440.90 (4m) "Licensed cemetery authority" means a cemetery authority that
18is licensed under s. 440.91 (1).
SB55-ASA1-AA1-AA30, s. 3605gt 19Section 3605gt. 440.90 (4r) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,2020 440.90 (4r) "Licensee" means a person licensed under this subchapter.
SB55-ASA1-AA1-AA30, s. 3605gv 21Section 3605gv. 440.90 (10m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,2222 440.90 (10m) "Registrant" means a person registered under this subchapter.
SB55-ASA1-AA1-AA30, s. 3605gx 23Section 3605gx. 440.90 (10r) of the statutes is created to read:
SB55-ASA1-AA1-AA30,52,2524 440.90 (10r) "Religious cemetery authority" has the meaning given in s.
25157.061 (15m).
SB55-ASA1-AA1-AA30, s. 3605gz
1Section 3605gz. 440.90 (14) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605ib 2Section 3605ib. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
3amended to read:
SB55-ASA1-AA1-AA30,53,144 440.91 (1) (a) Except as provided in sub. (6m), every cemetery authority that
5operates a cemetery that is 5 acres or more in size,
that sells or solicits the sale of a
6total of 10
20 or more cemetery lots or mausoleum burial spaces at a cemetery during
7a calendar year and that pays any commission or other compensation to any person
8for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
9with
, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
10to
the department. The registration shall be in writing and shall include the names
11of the officers of the cemetery authority
for a license for that cemetery. A cemetery
12authority that operates more than one cemetery shall apply for a separate license for
13each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
1420 or more burial spaces or at which it has $100,000 or more in trust fund accounts
.
SB55-ASA1-AA1-AA30, s. 3605id 15Section 3605id. 440.91 (1) (b) of the statutes is created to read:
SB55-ASA1-AA1-AA30,53,1716 440.91 (1) (b) Except as provided in s. 440.93 (1), the department shall grant
17a license to a cemetery authority if all of the following are satisfied:
SB55-ASA1-AA1-AA30,53,2218 1. The cemetery authority submits an application for the license to the
19department on a form provided by the department. The application shall require the
20cemetery authority to provide the names of the officers of the cemetery authority and
21to identify a business representative who is primarily responsible for the cemetery
22authority's compliance with subch. II of ch. 157 and this subchapter.
SB55-ASA1-AA1-AA30,53,2423 2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
24costs, or expenses charged by the department under s. 440.03 (13) (c).
SB55-ASA1-AA1-AA30, s. 3605idc 25Section 3605idc. 440.91 (1) (c) of the statutes is created to read:
SB55-ASA1-AA1-AA30,54,3
1440.91 (1) (c) A licensed cemetery authority shall notify the department if it
2designates a substitute business representative to take the place of a business
3representative identified under par. (b) 1.
SB55-ASA1-AA1-AA30, s. 3605idf 4Section 3605idf. 440.91 (1) (d) of the statutes is created to read:
SB55-ASA1-AA1-AA30,54,95 440.91 (1) (d) If a licensed cemetery authority notifies the department under
6s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2)
7(b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b)
83., the department shall revoke the license granted under par. (b) and require the
9licensed cemetery authority to reapply for a license under par. (b).
SB55-ASA1-AA1-AA30, s. 3605idg 10Section 3605idg. 440.91 (1) (e) of the statutes is created to read:
SB55-ASA1-AA1-AA30,54,1411 440.91 (1) (e) 1. The renewal dates and renewal fees for licenses granted under
12par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is
13not required to renew its license if the cemetery authority sells less than 10 burial
14spaces during a period of 2 consecutive calendar years.
SB55-ASA1-AA1-AA30,54,1815 2. A licensed cemetery authority that is not required to renew its license under
16subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
17that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
18or more burial spaces.
SB55-ASA1-AA1-AA30, s. 3605if 19Section 3605if. 440.91 (1m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,55,220 440.91 (1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
21authority that operates a cemetery for which a license is not required under sub. (1)
22shall register the cemetery with the department by paying a $5 registration fee and
23submitting an application on a form provided by the department that requires the
24applicant to provide the names of the officers of the cemetery authority and any other
25information that the department may require. A cemetery authority that operates

1more than one cemetery for which a license is not required under sub. (1) shall pay
2a separate registration fee and submit a separate application for each cemetery.
SB55-ASA1-AA1-AA30,55,43 (b) The renewal dates and renewal fees for registrations under par. (a) are
4specified in s. 440.08 (2) (a).
SB55-ASA1-AA1-AA30,55,7 5(c) A cemetery authority is not required to register under par. (a) if it receives
6no income, other than gifts, from the sale of lots or services or from trust fund
7earnings.
SB55-ASA1-AA1-AA30, s. 3605if 8Section 3605if. 440.91 (2) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,55,209 440.91 (2) (intro.) Except as provided in subs. (7) and (10), every individual who
10person that sells or solicits the sale of, or who that expects to sell or solicit the sale
11of, a total of 10 20 or more cemetery lots or mausoleum burial spaces during a 2
12calendar year years shall register with be licensed by the department. An individual
13A person may not be registered licensed as a cemetery salesperson except upon the
14written request of a cemetery authority and the payment of the fee specified in s.
15440.05 (1). The cemetery authority shall certify in writing to the department that
16the individual person is competent to act as a cemetery salesperson. Within 10 days
17after the certification of any cemetery salesperson, the cemetery salesperson shall
18verify and
An applicant for licensure as a cemetery salesperson shall furnish to the
19department, in such form as the department prescribes, all of the following
20information:
SB55-ASA1-AA1-AA30, s. 3605ij 21Section 3605ij. 440.91 (2) (a) of the statutes is repealed and recreated to read:
SB55-ASA1-AA1-AA30,55,2322 440.91 (2) (a) The name and address of the applicant and, if the applicant is
23a business entity, the name and address of each business representative.
SB55-ASA1-AA1-AA30, s. 3605iL 24Section 3605iL. 440.91 (2) (b) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605iLg 25Section 3605iLg. 440.91 (2) (c) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605im
1Section 3605im. 440.91 (4) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,56,72 440.91 (4) Renewal applications shall be submitted to the department on a
3form provided by the department on or before the applicable renewal date specified
4under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
5s. 440.08 (2) (a). An applicant for renewal of a cemetery salesperson license shall
6identify each individual that is exempt from licensure under sub. (7) and that the
7applicant has supervised during the prior 2 years.
SB55-ASA1-AA1-AA30, s. 3605in 8Section 3605in. 440.91 (6m) of the statutes is repealed and recreated to read:
SB55-ASA1-AA1-AA30,56,109 440.91 (6m) A religious cemetery authority is not required to be licensed under
10sub. (1) or registered under sub. (1m).
SB55-ASA1-AA1-AA30, s. 3605ip 11Section 3605ip. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and
12amended to read:
SB55-ASA1-AA1-AA30,56,1813 440.91 (7) (a) An individual who solicits the sale of cemetery lots or mausoleum
14spaces in a cemetery organized, maintained, and operated by a town, village, or city,
15church, synagogue or mosque, religious, or fraternal or benevolent society or
16incorporated college of a religious order is not required to be registered licensed
17under sub. (2) if the individual is supervised by a cemetery salesperson licensed
18under sub. (2)
.
SB55-ASA1-AA1-AA30, s. 3605ir 19Section 3605ir. 440.91 (7) (b) of the statutes is created to read:
SB55-ASA1-AA1-AA30,56,2220 440.91 (7) (b) An individual who solicits the sale of cemetery lots or mausoleum
21spaces in a cemetery owned and operated by a religious cemetery authority is not
22required to be licensed under sub. (2).
SB55-ASA1-AA1-AA30, s. 3605it 23Section 3605it. 440.91 (8) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605iv 24Section 3605iv. 440.91 (9) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,57,7
1440.91 (9) No cemetery authority or cemetery salesperson registered licensed
2under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
3as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or
4mausoleum a burial space to any person who is not registered licensed under sub. (1)
5or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots,
6cemetery merchandise or mausoleum burial spaces in another state or territory of
7the United States or a foreign country.
SB55-ASA1-AA1-AA30, s. 3605ix 8Section 3605ix. 440.91 (10) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,57,129 440.91 (10) Nothing in this section requires an individual who is registered
10licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery
11salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
12merchandise or undeveloped spaces under preneed sales contracts.
SB55-ASA1-AA1-AA30, s. 3605iz 13Section 3605iz. 440.92 of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605kb 14Section 3605kb. 440.92 (1) (title) of the statutes is repealed and recreated to
15read:
SB55-ASA1-AA1-AA30,57,1616 440.92 (1) (title) Licensure.
SB55-ASA1-AA1-AA30, s. 3605kd 17Section 3605kd. 440.92 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,57,2418 440.92 (1) (a) Except as provided in subs. (4), and (9) (a) and (10), every
19individual who sells or solicits the sale of cemetery merchandise or an undeveloped
20space under a preneed sales contract and, if the is required to be licensed under this
21subsection and, if applicable, comply with the requirements under s. 445.125. If such
22an
individual is employed by or acting as an agent for a cemetery authority or any
23other person, that cemetery authority or other person is also required to be registered
24licensed under this subsection.
SB55-ASA1-AA1-AA30, s. 3605kf 25Section 3605kf. 440.92 (1) (b) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,58,2
1440.92 (1) (b) (intro.) The department shall issue a certificate of registration
2licensure as a cemetery preneed seller to any person who does all of the following:
SB55-ASA1-AA1-AA30, s. 3605kh 3Section 3605kh. 440.92 (1) (bm) of the statutes is created to read:
SB55-ASA1-AA1-AA30,58,84 440.92 (1) (bm) If a cemetery authority that is registered under this subsection
5notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an
6action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to
7the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and
8require the cemetery authority to reapply for a registration under this subsection.
SB55-ASA1-AA1-AA30, s. 3605kj 9Section 3605kj. 440.92 (1) (e) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,58,1310 440.92 (1) (e) Nothing in this subsection requires an individual who is
11registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered
12licensed under this subsection if the individual does not conduct or solicit any sale
13under a preneed sales contract.
SB55-ASA1-AA1-AA30, s. 3605kL 14Section 3605kL. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
SB55-ASA1-AA1-AA30, s. 3605km 15Section 3605km. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a),
16and 440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
SB55-ASA1-AA1-AA30,58,1817 440.922 (1) (a) 2. By affixing the cemetery merchandise to the cemetery lot or
18mausoleum
burial space.
SB55-ASA1-AA1-AA30,58,2319 3. By storing the cemetery merchandise in a warehouse that is located on the
20property of the preneed seller if the preneed seller insures the cemetery merchandise
21and the preneed sales contract requires the preneed seller to ultimately affix the
22cemetery merchandise to the cemetery lot or mausoleum burial space without
23additional charge.
SB55-ASA1-AA1-AA30,59,424 3g. By storing the cemetery merchandise anywhere on the property of the
25preneed seller if the property of the preneed seller is located in this state, the preneed

1seller insures the cemetery merchandise and the preneed sales contract requires the
2preneed seller to ultimately affix the cemetery merchandise to a cemetery lot burial
3space
, to the outside of or the grounds surrounding a mausoleum or columbarium or
4to any other outdoor location without additional charge.
SB55-ASA1-AA1-AA30,59,115 4. (intro.) By having the cemetery merchandise stored in a warehouse that is
6not located on the property of the preneed seller if the warehouse has agreed to ship
7the cemetery merchandise to the preneed seller, purchaser, or beneficiary named in
8the preneed sales contract without additional charge to the purchaser and the
9preneed sales contract requires that the cemetery merchandise ultimately be affixed
10to the cemetery lot or mausoleum burial space without additional charge. If the
11cemetery merchandise is delivered under this subdivision, all of the following apply:
SB55-ASA1-AA1-AA30, s. 3605kn 12Section 3605kn. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and
13amended to read:
SB55-ASA1-AA1-AA30,59,2314 440.922 (2) Affixture of cemetery merchandise. If a preneed sales contract
15for the sale of cemetery merchandise requires the preneed seller to ultimately affix
16the cemetery merchandise to a cemetery lot, mausoleum burial space or other
17location but the purchaser has not informed the preneed seller of the location where
18the cemetery merchandise is to be affixed and the location where the cemetery
19merchandise is to be affixed is not specified in the preneed sales contract, the preneed
20sales contract may provide that the preneed seller may charge the purchaser an
21additional fee at the time that the cemetery merchandise is affixed not to exceed the
22additional costs to the preneed seller that are necessitated by the purchaser's choice
23of location.
SB55-ASA1-AA1-AA30, s. 3605kp 24Section 3605kp. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
SB55-ASA1-AA1-AA30, s. 3605kr
1Section 3605kr. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
2amended to read:
SB55-ASA1-AA1-AA30,60,83 440.922 (3) Voiding of contracts. Except as provided in par. (cm) sub. (4), a
4preneed sales contract shall provide that if the purchaser voids the preneed sales
5contract at any time within 10 days after the date of the initial payment the preneed
6seller shall, within 30 days after the date on which the preneed sales contract is
7voided, refund all money paid by the purchaser for cemetery merchandise that has
8not been supplied or delivered and for the mausoleum space.
SB55-ASA1-AA1-AA30, s. 3605kt 9Section 3605kt. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
SB55-ASA1-AA1-AA30, s. 3605kv 10Section 3605kv. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
SB55-ASA1-AA1-AA30, s. 3605kx 11Section 3605kx. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).
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