SB55-ASA1-AA1-AA30, s. 3605qv 10Section 3605qv. 440.93 (1) (cm) of the statutes is created to read:
SB55-ASA1-AA1-AA30,70,1211 440.93 (1) (cm) Engaged in unprofessional or unethical conduct in violation of
12the code of ethics established in the rules promulgated under s. 440.929.
SB55-ASA1-AA1-AA30, s. 3605qx 13Section 3605qx. 440.93 (1) (d) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,70,1814 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an
15offense
Violated any law the circumstances of which substantially relate to the
16operation or management of a cemetery or the sale of a cemetery lot, cemetery
17merchandise or mausoleum a burial space. A certified copy of a judgment of
18conviction is prima facie evidence of a violation.
SB55-ASA1-AA1-AA30, s. 3605qz 19Section 3605qz. 440.93 (1) (f) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,70,2320 440.93 (1) (f) Subject to ss. 111.321, 111.322, and 111.34, engaged in any
21practice relating to the operation or management of a cemetery or the sale of a
22cemetery lot,
cemetery merchandise or mausoleum a burial space while the person's
23ability to practice was impaired by mental disease or defect or alcohol or other drugs.
SB55-ASA1-AA1-AA30, s. 3605sb 24Section 3605sb. 440.93 (1) (g) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,71,3
1440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule
2promulgated under this subchapter or subch. II of ch. 157, or any order of the
3department or the board
.
SB55-ASA1-AA1-AA30, s. 3605sd 4Section 3605sd. 440.93 (1m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,71,105 440.93 (1m) The board may, in addition to or in lieu of a reprimand or
6revocation, limitation, suspension, or denial of a certificate of registration or
7licensure, assess against a person licensed or registered under this subchapter who
8has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000
9for each separate offense. Each day of continued violation constitutes a separate
10offense.
SB55-ASA1-AA1-AA30, s. 3605sf 11Section 3605sf. 440.93 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,71,1412 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).
SB55-ASA1-AA1-AA30, s. 3605sh 15Section 3605sh. 440.945 (1) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,71,1716 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial
17space
.
SB55-ASA1-AA1-AA30, s. 3605sj 18Section 3605sj. 440.945 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,72,419 440.945 (2) (a) Adopt regulations, consistent with this section and with
20standards that the cemetery authority uses for its own monument installations,
21prescribing requirements and procedures for the sale, delivery, installation, or care
22of monuments, including requirements that each vendor provide reasonable advance
23notice to the cemetery authority of the date on which the vendor desires to install a
24monument; that each vendor carry worker's compensation insurance and a
25minimum amount of comprehensive general liability insurance, such minimum

1amount not to exceed $300,000; and that each owner of a cemetery lot burial space
2pay all fees and other amounts due the cemetery authority to satisfy any
3encumbrances pertaining to the cemetery lot burial space before a monument is
4installed.
SB55-ASA1-AA1-AA30, s. 3605sL 5Section 3605sL. 440.945 (2) (c) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,72,156 440.945 (2) (c) Charge either the owner of a cemetery lot burial space or a
7vendor a reasonable fee to cover the cemetery authority's labor costs. In this
8paragraph, "labor costs" means the amount, calculated in accordance with generally
9accepted accounting principles and practices, that is payable to employees of the
10cemetery authority for wages and fringe benefits for the period that the employees
11were engaged in marking the location for and inspecting the installation of the
12monument to ensure that it was properly installed, and may include any general
13administrative or overhead costs of the cemetery authority or any other costs that
14are directly related to marking the location for and inspecting the installation of the
15monument to ensure that it was properly installed.
SB55-ASA1-AA1-AA30, s. 3605sn 16Section 3605sn. 440.945 (3) (a) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,72,2017 440.945 (3) (a) (intro.) Every cemetery authority shall keep on file and make
18available for inspection and copying to owners and prospective purchasers of
19cemetery lots burial spaces and to other interested persons all of the following
20information:
SB55-ASA1-AA1-AA30, s. 3605sp 21Section 3605sp. 440.945 (4) (a) 1. of the statutes is amended to read:
SB55-ASA1-AA1-AA30,72,2422 440.945 (4) (a) 1. Require the owner or purchaser of a cemetery lot burial space
23to purchase a monument or services related to the installation of a monument from
24the cemetery authority.
SB55-ASA1-AA1-AA30, s. 3605sr 25Section 3605sr. 440.945 (4) (a) 2. of the statutes is amended to read:
SB55-ASA1-AA1-AA30,73,3
1440.945 (4) (a) 2. Restrict the right of the owner or purchaser of a cemetery lot
2burial space to purchase a monument or services related to the installation of a
3monument from the vendor of his or her choice.
SB55-ASA1-AA1-AA30, s. 3605st 4Section 3605st. 440.945 (4) (a) 3. of the statutes is amended to read:
SB55-ASA1-AA1-AA30,73,115 440.945 (4) (a) 3. Except as provided in sub. (2) (c), charge the owner or
6purchaser of a cemetery lot burial space a fee for purchasing a monument or services
7related to the installation of a monument from a vendor, or charge a vendor a fee for
8delivering or installing the monument. Nothing in this subdivision shall be
9construed to prohibit a cemetery authority from charging the owner or purchaser of
10a cemetery lot burial space a reasonable fee for services relating to the care of a
11monument.
SB55-ASA1-AA1-AA30, s. 3605sv 12Section 3605sv. 440.945 (4) (a) 4. of the statutes is amended to read:
SB55-ASA1-AA1-AA30,73,1513 440.945 (4) (a) 4. Discriminate against any owner or purchaser of a cemetery
14lot
burial space who has purchased a monument or services related to the
15installation of a monument from a vendor.
SB55-ASA1-AA1-AA30, s. 3605sx 16Section 3605sx. 440.945 (5) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,73,2017 440.945 (5) (a) If the department board has reason to believe that any person,
18other than a religious cemetery authority, is violating this section and that the
19continuation of that activity might cause injury to the public interest, the
20department may investigate.
SB55-ASA1-AA1-AA30, s. 3605sz 21Section 3605sz. 440.945 (5) (am) of the statutes is created to read:
SB55-ASA1-AA1-AA30,73,2422 440.945 (5) (am) If the department has reason to believe that any religious
23cemetery authority is violating this section and that the continuation of that activity
24might cause injury to the public interest, the department may investigate.
SB55-ASA1-AA1-AA30, s. 3605ub 25Section 3605ub. 440.945 (5) (b) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,74,10
1440.945 (5) (b) The department of justice or any district attorney, upon
2informing the department of justice, may commence an action in circuit court in the
3name of the state to restrain by temporary or permanent injunction any violation of
4this section. The court may, prior to entry of final judgment, make such orders or
5judgments as may be necessary to restore to any person any pecuniary loss suffered
6because of the acts or practices involved in the action, if proof of such loss is submitted
7to the satisfaction of the court. The department of justice may subpoena persons and
8require the production of books and other documents, and may request the
9department of regulation and licensing or board to exercise its authority under par.
10(a) or (am) to aid in the investigation of alleged violations of this section.
SB55-ASA1-AA1-AA30, s. 3605ud 11Section 3605ud. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).
SB55-ASA1-AA1-AA30, s. 3605uf 12Section 3605uf. 440.947 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,74,1913 440.947 (5) A person who sells a casket, outer burial container, or cemetery
14merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least
15one year after the date of its last distribution to a prospective buyer and shall retain
16a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one
17year after completion of a sale. A person required to retain a copy under this
18subsection shall make the copy available for inspection by the department or board
19upon request.
SB55-ASA1-AA1-AA30, s. 3605uh 20Section 3605uh. 440.948 of the statutes is created to read:
SB55-ASA1-AA1-AA30,74,25 21440.948 Burial agreements. Any agreement for the purchase of a casket,
22outer burial container not preplaced into the burial excavation of a grave, or
23combination casket-outer burial container, that is not immediately required for the
24burial or other disposition of human remains, is subject to the requirements of s.
25445.125 (1).
SB55-ASA1-AA1-AA30, s. 3605uj
1Section 3605uj. 440.949 of the statutes is created to read:
SB55-ASA1-AA1-AA30,75,6 2440.949 Rules; review of rules. (1) Before submitting any proposed rules
3relating to this subchapter, except for rules relating exclusively to religious cemetery
4authorities, to the legislative council staff under s. 227.15, the department shall
5submit the proposed rules to the board for comment. The board shall have 30 days
6to submit comments on the proposed rules to the secretary.
SB55-ASA1-AA1-AA30,75,10 7(2) When promulgating emergency rules under s. 227.24 relating to this
8subchapter, except for rules relating exclusively to religious cemetery authorities,
9the department shall provide a copy of the rules to the board prior to publication of
10the rules in the official state newspaper.
SB55-ASA1-AA1-AA30,75,14 11(3) The chairperson of the board, or his or her designee from the board, may
12cochair with the secretary, or the secretary's designee, any public hearing held by the
13department on proposed rules relating to this subchapter other than rules relating
14exclusively to religious cemetery authorities.
SB55-ASA1-AA1-AA30,75,24 15(4) The department shall submit to the board a copy of the report required
16under s. 227.19 (2) on any proposed final rules relating to this subchapter other than
17rules relating exclusively to religious cemetery authorities. The board may prepare
18a dissenting report stating its recommendations on the proposed final rules. Any
19dissenting report shall be prepared within 10 days from the date of receipt of the
20department's report, attached to the department's report and sent to the presiding
21officer of each house of the legislature and distributed under s. 227.19 (2). The
22department shall publish a statement to appear in the Wisconsin administrative
23register indicating that a dissenting report of the board has been submitted to the
24presiding officer of each house of the legislature.
SB55-ASA1-AA1-AA30,76,2
1(5) The department shall provide staff to assist the board in the review of
2administrative rules and preparation of comments or dissenting reports.
SB55-ASA1-AA1-AA30, s. 3605uL 3Section 3605uL. 440.95 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,76,54 440.95 (1) Any cemetery authority that is required to register under s. 440.91
5(1) (1m) and that knowingly fails to register may be fined not more than $100.
SB55-ASA1-AA1-AA30, s. 3605un 6Section 3605un. 440.95 (1m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,76,107 440.95 (1m) Any cemetery authority that, without a license granted under s.
8440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery
9during a calendar year or has $100,000 or more in trust fund accounts for a cemetery
10may be fined not more than $100.
SB55-ASA1-AA1-AA30, s. 3605up 11Section 3605up. 440.95 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,76,1512 440.95 (2) Any individual who person that is required to register be licensed
13as a cemetery salesperson under s. 440.91 (2) and who fails to register that is not
14licensed
may be fined not less than $25 nor more than $200 or imprisoned for not
15more than 6 months or both.
SB55-ASA1-AA1-AA30, s. 3605ur 16Section 3605ur. 440.95 (2m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,76,1917 440.95 (2m) Any person that is required to be licensed as a preneed seller under
18s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or
19imprisoned for not more than 90 days or both.
SB55-ASA1-AA1-AA30, s. 3605ut 20Section 3605ut. 440.95 (4) (a) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 3605uv 21Section 3605uv. 440.95 (4) (c) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,76,2322 440.95 (4) (c) Fails to file a report or files an incomplete, false, or misleading
23report under s. 440.92 (6) 440.926.
SB55-ASA1-AA1-AA30, s. 3605ux 24Section 3605ux. 440.95 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,77,4
1440.95 (5) Except as provided in sub. (4), any person who violates s. ss. 440.92
2to 440.927 or any rule promulgated under s. ss. 440.92 to 440.927 may be required
3to forfeit not more than $200 for each offense. Each day of continued violation
4constitutes a separate offense.".".
SB55-ASA1-AA1-AA30,77,5 514. Page 1448, line 16: after that line insert:
SB55-ASA1-AA1-AA30,77,6 6"1972m. Page 1352, line 18: after that line insert:
SB55-ASA1-AA1-AA30,77,7 7"(4f) Cemetery regulation.
SB55-ASA1-AA1-AA30,77,8 8(a) Definition. In this subsection:
SB55-ASA1-AA1-AA30,77,9 91. "Board" means the cemetery board.
SB55-ASA1-AA1-AA30,77,11 102. "Cemetery association" has the meaning given in section 157.061 (1r) of the
11statutes.
SB55-ASA1-AA1-AA30,77,18 12(b) Filing requirement. A cemetery association that was not required to be
13registered under section 440.91 (1), 1999 stats., and that is not organized or
14conducted for pecuniary profit shall, no later than the first day of the 6th month
15beginning after the effective date of this paragraph, file with the department of
16financial institutions any copies of certifications, resolutions, or proceedings that the
17cemetery association delivered to the office of the register of deeds of the county in
18which the cemetery is located under section 157.062 (9), 1999 stats.
SB55-ASA1-AA1-AA30,77,19 19(c) Initial appointments to cemetery board.
SB55-ASA1-AA1-AA30,78,2 201. Notwithstanding section 15.405 (3m) (b) 1. and (c) of the statutes, as created
21by this act, the initial cemetery authority business representative members of the
22board need not be business representatives of a cemetery authority that is licensed
23under section 440.91 (1) of the statutes, as affected by this act, to be appointed to and

1serve as members of the board until the first day of the 13th month beginning after
2the effective date of this subdivision.
SB55-ASA1-AA1-AA30,78,6 32. Notwithstanding section 15.07 (1) (cm) of the statutes, as affected by this act,
4and section 15.405 (3m) (b) 1. of the statutes, as created by this act, the initial
5members of the board shall be appointed by the first day of the 4th month beginning
6after the effective date of this subdivision for the following terms:
SB55-ASA1-AA1-AA30,78,8 7a. Two cemetery authority business representative members and one public
8member, for terms expiring on May 1, 2003.
SB55-ASA1-AA1-AA30,78,10 9b. One cemetery authority business representative member and one public
10member, for terms expiring on May 1, 2004.
SB55-ASA1-AA1-AA30,78,12 11c. One cemetery authority business representative member and the
12representative of the department of justice, for terms expiring on May 1, 2005.
SB55-ASA1-AA1-AA30,78,17 13(d) Preneed seller licenses. Notwithstanding section 440.92 (1) (a) and (b)
14(intro.) of the statutes, as affected by this act, the department of regulation and
15licensing shall issue a certificate of licensure as a cemetery preneed seller to any
16person who, on the effective date of this paragraph, holds a valid certificate of
17registration as a cemetery preneed seller.".".
SB55-ASA1-AA1-AA30,78,18 1815. Page 1479, line 18: after that line insert:
SB55-ASA1-AA1-AA30,78,19 19"2072m. Page 1403, line 5: after that line insert:
SB55-ASA1-AA1-AA30,78,23 20"(2f) Nondisclosure of certain information. The treatment of section 440.14
21(1) (a), (2), (3), (4), and (5) of the statutes first applies to lists furnished by a board
22in the department of regulation and licensing, other than a credentialing board, on
23the effective date of this subsection.".".
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