SB55-SSA1-SA2, s. 3605kd 17Section 3605kd. 440.92 (1) (a) of the statutes is amended to read:
SB55-SSA1-SA2,541,2418 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-SSA1-SA2, s. 3605kf 25Section 3605kf. 440.92 (1) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,542,2
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-SSA1-SA2, s. 3605kh 3Section 3605kh. 440.92 (1) (bm) of the statutes is created to read:
SB55-SSA1-SA2,542,84 440.92 (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-SSA1-SA2, s. 3605kj 9Section 3605kj. 440.92 (1) (e) of the statutes is amended to read:
SB55-SSA1-SA2,542,1310 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-SSA1-SA2, s. 3605kL 14Section 3605kL. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
SB55-SSA1-SA2, 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-SSA1-SA2,542,1817 440.922 (1) (a) 2. By affixing the cemetery merchandise to the cemetery lot or
18mausoleum
burial space.
SB55-SSA1-SA2,542,2319 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-SSA1-SA2,543,424 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-SSA1-SA2,543,115 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-SSA1-SA2, s. 3605kn 12Section 3605kn. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and
13amended to read:
SB55-SSA1-SA2,543,2314 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-SSA1-SA2, s. 3605kp 24Section 3605kp. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
SB55-SSA1-SA2, s. 3605kr
1Section 3605kr. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
2amended to read:
SB55-SSA1-SA2,544,83 440.922 (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-SSA1-SA2, s. 3605kt 9Section 3605kt. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
SB55-SSA1-SA2, s. 3605kv 10Section 3605kv. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
SB55-SSA1-SA2, s. 3605kx 11Section 3605kx. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).
SB55-SSA1-SA2, s. 3605kz 12Section 3605kz. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and
13amended to read:
SB55-SSA1-SA2,544,1714 440.922 (5) (c) If a preneed sales contract is voided under par. (e) (b), the
15preneed seller shall, within 30 days after the date on which the preneed sales
16contract is voided, refund all money paid by the purchaser, together with interest
17calculated at the legal rate of interest as provided under s. 138.04.
SB55-SSA1-SA2, s. 3605mb 18Section 3605mb. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922
19(6) and (10).
SB55-SSA1-SA2, s. 3605md 20Section 3605md. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and
21amended to read:
SB55-SSA1-SA2,545,422 440.922 (7) Trusting requirements. If a preneed sales contract includes
23provisions for the sale of cemetery merchandise or an undeveloped space that is
24subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b) and for the
25sale of other goods or services that are not subject to the trusting requirements under

1sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
2to the trusting requirements may not be inflated for the purpose of allocating a lower
3sale price to the cemetery merchandise or undeveloped space that is subject to the
4trusting requirements.
SB55-SSA1-SA2, s. 3605mf 5Section 3605mf. 440.92 (2) (j) of the statutes is renumbered 440.922 (8).
SB55-SSA1-SA2, s. 3605mh 6Section 3605mh. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and
7amended to read:
SB55-SSA1-SA2,545,148 440.922 (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."
SB55-SSA1-SA2, s. 3605mj 15Section 3605mj. 440.92 (3) (a) (intro.) of the statutes is renumbered 440.92
16(3) (a) and amended to read:
SB55-SSA1-SA2,546,217 440.92 (3) (a) A preneed seller shall deposit into a preneed trust fund an
18amount equal to at least 40% of each payment of principal that is received from the
19sale of cemetery merchandise under a preneed sales contract, or the wholesale cost
20ratio for the cemetery merchandise multiplied by the amount of the payment of
21principal that is received, whichever is greater
. In addition to the amount required
22to be deposited under this paragraph for the sale of cemetery merchandise and except
23as provided in par. (c), if a preneed seller receives payment for the sale of an
24undeveloped space under a preneed sales contract, the preneed seller shall deposit

1a percentage at least 40% of each payment of principal that is received from the sale
2of the undeveloped space into a preneed trust fund, determined as follows:.
SB55-SSA1-SA2, s. 3605mL 3Section 3605mL. 440.92 (3) (a) 1. and 2. of the statutes are repealed.
SB55-SSA1-SA2, s. 3605mn 4Section 3605mn. 440.92 (3) (c) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,546,75 440.92 (3) (c) (intro.) A preneed seller is not required to make the deposits
6required under par. (a) 1. and 2. for payments for sales of undeveloped spaces under
7preneed contracts
if any of the following applies:
SB55-SSA1-SA2, s. 3605mp 8Section 3605mp. 440.92 (4) (title) of the statutes is amended to read:
SB55-SSA1-SA2,546,99 440.92 (4) (title) Exceptions to registration licensure requirement.
SB55-SSA1-SA2, s. 3605mr 10Section 3605mr. 440.92 (4) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,546,1511 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery
12merchandise under a preneed sales contract is not required to be registered licensed
13under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if
14all payments received under the preneed sales contract are trusted as required under
15s. 445.125 (1) (a) 1. or if all of the following conditions are met:
SB55-SSA1-SA2, s. 3605mt 16Section 3605mt. 440.92 (4) (b) of the statutes is amended to read:
SB55-SSA1-SA2,546,2217 440.92 (4) (b) If any preneed seller who is not registered licensed under sub.
18(1) accepts a payment under a preneed sales contract and the merchandise is not
19delivered within 180 days after the date of the sale, the preneed seller shall
20immediately notify the purchaser that the purchaser is entitled to a refund of all
21money paid by the purchaser, together with interest calculated at the legal rate of
22interest as provided under s. 138.04, at any time before the merchandise is delivered.
SB55-SSA1-SA2, s. 3605mv 23Section 3605mv. 440.92 (5) of the statutes is renumbered 440.924.
SB55-SSA1-SA2, s. 3605mx 24Section 3605mx. 440.92 (6) (title) of the statutes is renumbered 440.926 (title)
25and amended to read:
SB55-SSA1-SA2,547,2
1440.926 (title) Reporting; Preneed seller reporting and record keeping ;
2audits
.
SB55-SSA1-SA2, s. 3605mz 3Section 3605mz. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a)
4and amended to read:
SB55-SSA1-SA2,547,105 440.926 (1) (a) Every preneed seller registered licensed under sub. s. 440.92
6(1) shall file an annual report with the department. The report shall be made on a
7form prescribed and furnished by the department. The report shall be made on a
8calendar-year basis unless the department, by rule, provides for other reporting
9periods. The report is due on or before the 60th day after the last day of the reporting
10period.
SB55-SSA1-SA2, s. 3605ob 11Section 3605ob. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926
12(1) (b) and (c).
SB55-SSA1-SA2, s. 3605od 13Section 3605od. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c)
14and amended to read:
SB55-SSA1-SA2,547,2015 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and
16maintained by the department are confidential and are not available for inspection
17or copying under s. 19.35 (1). This paragraph does not apply to any information
18regarding the name, address, or employer of or financial information related to an
19individual that is requested under s. 49.22 (2m) by the department of workforce
20development or a county child support agency under s. 59.53 (5).
SB55-SSA1-SA2, s. 3605of 21Section 3605of. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926
22(1) (d) and (e).
SB55-SSA1-SA2, s. 3605oh 23Section 3605oh. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a),
24and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:
SB55-SSA1-SA2,548,2
1440.926 (2) (a) 1. The records needed to prepare the reports required under par.
2sub. (1) (a).
SB55-SSA1-SA2,548,53 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.
SB55-SSA1-SA2, s. 3605oj 6Section 3605oj. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
7amended to read:
SB55-SSA1-SA2,548,128 440.926 (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.
SB55-SSA1-SA2, s. 3605oL 13Section 3605oL. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
14amended to read:
SB55-SSA1-SA2,548,1715 440.926 (3) (a) The department may promulgate rules requiring preneed
16sellers registered licensed under sub. s. 440.92 (1) to maintain other records and
17establishing minimum time periods for the maintenance of those records.
SB55-SSA1-SA2, s. 3605on 18Section 3605on. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
19amended to read:
SB55-SSA1-SA2,549,220 440.926 (4) Audits. The department may audit, at reasonable times and
21frequency, the records, trust funds, and accounts of any preneed seller registered
22licensed under sub. s. 440.92 (1), including records, trust funds, and accounts
23pertaining to services provided by a preneed seller which are not otherwise subject
24to the requirements under this section subchapter. The department may conduct
25audits under this paragraph subsection on a random basis, and shall conduct all

1audits under this paragraph subsection without providing prior notice to the preneed
2seller.
SB55-SSA1-SA2, s. 3605op 3Section 3605op. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b)
4and amended to read:
SB55-SSA1-SA2,549,75 440.926 (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.
SB55-SSA1-SA2, s. 3605or 8Section 3605or. 440.92 (7) of the statutes is renumbered 440.927 and
9amended to read:
SB55-SSA1-SA2,549,24 10440.927 Approval of warehouses. No person may own or operate a
11warehouse located inside or outside this state unless the warehouse is approved by
12the department. Upon application, the department shall approve a warehouse that
13is located in this state if the person who operates the warehouse is licensed as a public
14warehouse keeper by the department of agriculture, trade and consumer protection
15under ch. 99, but may not approve a warehouse that is located in this state unless
16the person is so licensed.
The department shall promulgate rules establishing the
17requirements for approval of warehouses that are located outside this state under
18this section
. The rules shall require warehouses that are located outside this state
19to file with the department a bond furnished by a surety company authorized to do
20business in this state in an amount that is sufficient to guarantee the delivery of
21cemetery merchandise to purchasers under preneed sales contracts. The
22department shall compile and keep a current list of the names and addresses of all
23warehouses approved under this subsection section and shall make the list available
24for public inspection during the times specified in s. 230.35 (4) (f).
SB55-SSA1-SA2, s. 3605ot 25Section 3605ot. 440.92 (9) (title) of the statutes is amended to read:
SB55-SSA1-SA2,550,2
1440.92 (9) (title) Exemptions; certification of compliance of religious
2cemetery
affiliated with religious society authorities.
SB55-SSA1-SA2, s. 3605ov 3Section 3605ov. 440.92 (9) (a) of the statutes is amended to read:
SB55-SSA1-SA2,550,134 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a
5religious society organized under ch. 187 or that religious society
a religious
6cemetery authority or the church, synagogue, mosque, incorporated college of a
7religious order, or religious society organized under ch. 187 that is affiliated with a
8religious cemetery authority
files an annual certification with the department as
9provided in this subsection, neither the religious cemetery authority nor any
10employee of the cemetery is required to be registered licensed as a cemetery preneed
11seller under sub. (1) during the period for which the certification is effective, but the
12religious cemetery authority and any employee are required to comply, if applicable,
13with the requirements of s. 445.125
.
SB55-SSA1-SA2, s. 3605ox 14Section 3605ox. 440.92 (9) (b) 3. of the statutes is amended to read:
SB55-SSA1-SA2,550,2015 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to
16act on behalf of the religious society cemetery authority under this subsection that,
17during the 12-month period immediately preceding the date on which the
18certification is filed with the department, each employee specified under subd. 2. and
19the religious cemetery authority have either fully complied or have substantially
20complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 440.924.
SB55-SSA1-SA2, s. 3605oz 21Section 3605oz. 440.92 (9) (c) of the statutes is amended to read:
SB55-SSA1-SA2,550,2522 440.92 (9) (c) If the statement under par. (b) 3. includes a statement of
23substantial compliance, the statement of substantial compliance must also specify
24those instances when the employee or religious cemetery authority did not fully
25comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.
SB55-SSA1-SA2, s. 3605qb
1Section 3605qb. 440.92 (9) (e) of the statutes is amended to read:
SB55-SSA1-SA2,551,52 440.92 (9) (e) During the effective period specified under par. (d), the
3department may not audit the preneed trust funds or any records or accounts
4relating to the preneed trust funds of the religious cemetery authority or any
5employee of the cemetery to which a certification under this subsection applies.
SB55-SSA1-SA2, s. 3605qd 6Section 3605qd. 440.92 (9) (f) of the statutes is amended to read:
SB55-SSA1-SA2,551,137 440.92 (9) (f) The church, synagogue, mosque, incorporated college of a
8religious order, or
religious society that is affiliated with a cemetery to which a
9certification under this subsection applies is liable for the damages of any person
10that result from the failure of any employee specified under par. (b) 2. or the religious
11cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or
12440.924
during the 12-month period for which such compliance has been certified
13under this subsection.
SB55-SSA1-SA2, s. 3605qf 14Section 3605qf. 440.92 (10) of the statutes is repealed.
SB55-SSA1-SA2, s. 3605qh 15Section 3605qh. 440.922 (1) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,1616 440.922 (1) (title) Delivery of cemetery merchandise.
SB55-SSA1-SA2, s. 3605qhc 17Section 3605qhc. 440.922 (4) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,1818 440.922 (4) (title) Physical alteration of cemetery merchandise.
SB55-SSA1-SA2, s. 3605qhe 19Section 3605qhe. 440.922 (5) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2020 440.922 (5) (title) Undeveloped space sales.
SB55-SSA1-SA2, s. 3605qhg 21Section 3605qhg. 440.922 (6) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2222 440.922 (6) (title) Interest assignments.
SB55-SSA1-SA2, s. 3605qhj 23Section 3605qhj. 440.922 (8) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2424 440.922 (8) (title) Contract requirements.
SB55-SSA1-SA2, s. 3605qhk 25Section 3605qhk. 440.922 (10) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,1
1440.922 (10) (title) Conflicting provisions.
SB55-SSA1-SA2, s. 3605qj 2Section 3605qj. 440.926 (1) (title) of the statutes is created to read:
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