Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,546,15 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:

SB55-SSA1-SA2, s. 3605mt Section 3605mt. 440.92 (4) (b) of the statutes is amended to read:

SB55-SSA1-SA2,546,22 440.92 (4) (b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.

SB55-SSA1-SA2, s. 3605mv Section 3605mv. 440.92 (5) of the statutes is renumbered 440.924.

SB55-SSA1-SA2, s. 3605mx Section 3605mx. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and amended to read:

SB55-SSA1-SA2,547,2 440.926 (title) Reporting; Preneed seller reporting and record keeping ; audits.

SB55-SSA1-SA2, s. 3605mz Section 3605mz. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:

SB55-SSA1-SA2,547,10 440.926 (1) (a) Every preneed seller registered licensed under sub. s. 440.92 (1) shall file an annual report with the department. The report shall be made on a form prescribed and furnished by the department. The report shall be made on a calendar-year basis unless the department, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.

SB55-SSA1-SA2, s. 3605ob Section 3605ob. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).

SB55-SSA1-SA2, s. 3605od Section 3605od. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:

SB55-SSA1-SA2,547,20 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address, or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

SB55-SSA1-SA2, s. 3605of Section 3605of. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1) (d) and (e).

SB55-SSA1-SA2, s. 3605oh Section 3605oh. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:

SB55-SSA1-SA2,548,2 440.926 (2) (a) 1. The records needed to prepare the reports required under par. sub. (1) (a).

SB55-SSA1-SA2,548,5 2. Records that show, for each deposit in a trust fund or account specified in pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased.

SB55-SSA1-SA2, s. 3605oj Section 3605oj. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and amended to read:

SB55-SSA1-SA2,548,12 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently maintained by the preneed seller. The records under par. sub. (1) (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The department may promulgate rules to establish longer time periods for maintaining records under this paragraph.

SB55-SSA1-SA2, s. 3605oL Section 3605oL. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and amended to read:

SB55-SSA1-SA2,548,17 440.926 (3) (a) The department may promulgate rules requiring preneed sellers registered licensed under sub. s. 440.92 (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

SB55-SSA1-SA2, s. 3605on Section 3605on. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and amended to read:

SB55-SSA1-SA2,549,2 440.926 (4) Audits. The department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any preneed seller registered licensed under sub. s. 440.92 (1), including records, trust funds, and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section subchapter. The department may conduct audits under this paragraph subsection on a random basis, and shall conduct all audits under this paragraph subsection without providing prior notice to the preneed seller.

SB55-SSA1-SA2, s. 3605op Section 3605op. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and amended to read:

SB55-SSA1-SA2,549,7 440.926 (3) (b) The department may promulgate rules establishing a filing fee to accompany the report required under par. sub. (1) (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.

SB55-SSA1-SA2, s. 3605or Section 3605or. 440.92 (7) of the statutes is renumbered 440.927 and amended to read:

SB55-SSA1-SA2,549,24 440.927 Approval of warehouses. No person may own or operate a warehouse located inside or outside this state unless the warehouse is approved by the department. Upon application, the department shall approve a warehouse that is located in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The department shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state under this section. The rules shall require warehouses that are located outside this state to file with the department a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The department shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection section and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f).

SB55-SSA1-SA2, s. 3605ot Section 3605ot. 440.92 (9) (title) of the statutes is amended to read:

SB55-SSA1-SA2,550,2 440.92 (9) (title) Exemptions; certification of compliance of religious cemetery affiliated with religious society authorities.

SB55-SSA1-SA2, s. 3605ov Section 3605ov. 440.92 (9) (a) of the statutes is amended to read:

SB55-SSA1-SA2,550,13 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society a religious cemetery authority or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority files an annual certification with the department as provided in this subsection, neither the religious cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective, but the religious cemetery authority and any employee are required to comply, if applicable, with the requirements of s. 445.125.

SB55-SSA1-SA2, s. 3605ox Section 3605ox. 440.92 (9) (b) 3. of the statutes is amended to read:

SB55-SSA1-SA2,550,20 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the department, each employee specified under subd. 2. and the religious cemetery authority have either fully complied or have substantially complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 440.924.

SB55-SSA1-SA2, s. 3605oz Section 3605oz. 440.92 (9) (c) of the statutes is amended to read:

SB55-SSA1-SA2,550,25 440.92 (9) (c) If the statement under par. (b) 3. includes a statement of substantial compliance, the statement of substantial compliance must also specify those instances when the employee or religious cemetery authority did not fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.

SB55-SSA1-SA2, s. 3605qb Section 3605qb. 440.92 (9) (e) of the statutes is amended to read:

SB55-SSA1-SA2,551,5 440.92 (9) (e) During the effective period specified under par. (d), the department may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the religious cemetery authority or any employee of the cemetery to which a certification under this subsection applies.

SB55-SSA1-SA2, s. 3605qd Section 3605qd. 440.92 (9) (f) of the statutes is amended to read:

SB55-SSA1-SA2,551,13 440.92 (9) (f) The church, synagogue, mosque, incorporated college of a religious order, or religious society that is affiliated with a cemetery to which a certification under this subsection applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) 2. or the religious cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance has been certified under this subsection.

SB55-SSA1-SA2, s. 3605qf Section 3605qf. 440.92 (10) of the statutes is repealed.

SB55-SSA1-SA2, s. 3605qh Section 3605qh. 440.922 (1) (title) of the statutes is created to read:

SB55-SSA1-SA2,551,16 440.922 (1) (title) Delivery of cemetery merchandise.

SB55-SSA1-SA2, s. 3605qhc Section 3605qhc. 440.922 (4) (title) of the statutes is created to read:

SB55-SSA1-SA2,551,18 440.922 (4) (title) Physical alteration of cemetery merchandise.

SB55-SSA1-SA2, s. 3605qhe Section 3605qhe. 440.922 (5) (title) of the statutes is created to read:

SB55-SSA1-SA2,551,20 440.922 (5) (title) Undeveloped space sales.

SB55-SSA1-SA2, s. 3605qhg Section 3605qhg. 440.922 (6) (title) of the statutes is created to read:

SB55-SSA1-SA2,551,22 440.922 (6) (title) Interest assignments.

SB55-SSA1-SA2, s. 3605qhj Section 3605qhj. 440.922 (8) (title) of the statutes is created to read:

SB55-SSA1-SA2,551,24 440.922 (8) (title) Contract requirements.

SB55-SSA1-SA2, s. 3605qhk Section 3605qhk. 440.922 (10) (title) of the statutes is created to read:

SB55-SSA1-SA2,552,1 440.922 (10) (title) Conflicting provisions.

SB55-SSA1-SA2, s. 3605qj Section 3605qj. 440.926 (1) (title) of the statutes is created to read:

SB55-SSA1-SA2,552,3 440.926 (1) (title) Reports.

SB55-SSA1-SA2, s. 3605qjd Section 3605qjd. 440.926 (2) (title) of the statutes is created to read:

SB55-SSA1-SA2,552,5 440.926 (2) (title) Records.

SB55-SSA1-SA2, s. 3605qjf Section 3605qjf. 440.926 (3) (title) of the statutes is created to read:

SB55-SSA1-SA2,552,7 440.926 (3) (title) Rules.

SB55-SSA1-SA2, s. 3605qL Section 3605qL. 440.928 of the statutes is created to read:

SB55-SSA1-SA2,552,9 440.928 Burial space purchase agreements. (1) In this section:

SB55-SSA1-SA2,552,10 (a) "Cemetery authority" does not include a religious cemetery authority.

SB55-SSA1-SA2,552,12 (b) "Opening or closing fees" means fees charged by a cemetery authority for opening or closing a burial space.

SB55-SSA1-SA2,552,14 (c) "Purchase agreement" means an agreement for the purchase of a burial space.

SB55-SSA1-SA2,552,17 (2) Before entering into a purchase agreement, a cemetery authority shall disclose to the purchaser any opening or closing fees charged by the cemetery authority.

SB55-SSA1-SA2,552,19 (3) A purchase agreement shall be in writing and shall include each of the following:

SB55-SSA1-SA2,552,23 (a) The terms and conditions and any other pertinent information regarding the purchase, including the price of the burial space, any perpetual care requirements, and any resale, inheritor, cancellation, or refund rights under the agreement.

SB55-SSA1-SA2,553,2 (b) A description of all goods and services that are reasonably expected to be required at the time of need that are not subject to the purchase agreement, including opening and closing fees and any additional fees for weekend, holiday, or after hours burial.

SB55-SSA1-SA2,553,9 (4) A cemetery authority shall assign a serial number to each purchase agreement that it enters into, maintain file copies in numerical order according to the serial number and enter the serial number and a description of each purchase agreement into a sales journal. Any additional purchase by a purchaser more than 30 days after entering a purchase agreement shall be the subject of a separate purchase agreement with a separate serial number that is the current unused serial number in consecutive order.

SB55-SSA1-SA2, s. 3605qn Section 3605qn. 440.929 of the statutes is created to read:

SB55-SSA1-SA2,553,14 440.929 Rules. The department shall promulgate rules that establish a code of ethics to govern the professional conduct of cemetery authorities licensed under s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers licensed under s. 440.92 (1).

SB55-SSA1-SA2, s. 3605qp Section 3605qp. 440.93 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,553,25 440.93 (1) (intro.) The department may deny a certificate of licensure or registration of a cemetery authority, cemetery salesperson, or preneed seller and the board may reprimand a licensee or registrant or deny, limit, suspend, or revoke a certificate of licensure or registration a cemetery authority, cemetery salesperson or preneed seller if it if the department or board, respectively, finds that the applicant, licensee, or registrant, or, if the applicant, licensee, or registrant, is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds , or has the power to vote 5% or more of any class of security issued by the applicant, licensee, or registrant, has done any of the following:

SB55-SSA1-SA2, s. 3605qr Section 3605qr. 440.93 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,554,4 440.93 (1) (b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum a burial space.

SB55-SSA1-SA2, s. 3605qt Section 3605qt. 440.93 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,554,9 440.93 (1) (c) Engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills.

SB55-SSA1-SA2, s. 3605qv Section 3605qv. 440.93 (1) (cm) of the statutes is created to read:

SB55-SSA1-SA2,554,12 440.93 (1) (cm) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 440.929.

SB55-SSA1-SA2, s. 3605qx Section 3605qx. 440.93 (1) (d) of the statutes is amended to read:

SB55-SSA1-SA2,554,18 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense Violated any law the circumstances of which substantially relate to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space. A certified copy of a judgment of conviction is prima facie evidence of a violation.

SB55-SSA1-SA2, s. 3605qz Section 3605qz. 440.93 (1) (f) of the statutes is amended to read:

SB55-SSA1-SA2,554,23 440.93 (1) (f) Subject to ss. 111.321, 111.322, and 111.34, engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space while the person's ability to practice was impaired by mental disease or defect or alcohol or other drugs.

SB55-SSA1-SA2, s. 3605sb Section 3605sb. 440.93 (1) (g) of the statutes is amended to read:

SB55-SSA1-SA2,555,3 440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule promulgated under this subchapter or subch. II of ch. 157, or any order of the department or the board.

SB55-SSA1-SA2, s. 3605sd Section 3605sd. 440.93 (1m) of the statutes is created to read:

SB55-SSA1-SA2,555,10 440.93 (1m) The board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a certificate of registration or licensure, assess against a person licensed or registered under this subchapter who has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000 for each separate offense. Each day of continued violation constitutes a separate offense.

SB55-SSA1-SA2, s. 3605sf Section 3605sf. 440.93 (2) of the statutes is amended to read:

SB55-SSA1-SA2,555,14 440.93 (2) The department board shall determine in each case the period that a limitation, suspension, or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

SB55-SSA1-SA2, s. 3605sh Section 3605sh. 440.945 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,555,17 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial space.

SB55-SSA1-SA2, s. 3605sj Section 3605sj. 440.945 (2) (a) of the statutes is amended to read: