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:
SB55-SSA1-SA2,552,33 440.926 (1) (title) Reports.
SB55-SSA1-SA2, s. 3605qjd 4Section 3605qjd. 440.926 (2) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,55 440.926 (2) (title) Records.
SB55-SSA1-SA2, s. 3605qjf 6Section 3605qjf. 440.926 (3) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,77 440.926 (3) (title) Rules.
SB55-SSA1-SA2, s. 3605qL 8Section 3605qL. 440.928 of the statutes is created to read:
SB55-SSA1-SA2,552,9 9440.928 Burial space purchase agreements. (1) In this section:
SB55-SSA1-SA2,552,1010 (a) "Cemetery authority" does not include a religious cemetery authority.
SB55-SSA1-SA2,552,1211 (b) "Opening or closing fees" means fees charged by a cemetery authority for
12opening or closing a burial space.
SB55-SSA1-SA2,552,1413 (c) "Purchase agreement" means an agreement for the purchase of a burial
14space.
SB55-SSA1-SA2,552,17 15(2) Before entering into a purchase agreement, a cemetery authority shall
16disclose to the purchaser any opening or closing fees charged by the cemetery
17authority.
SB55-SSA1-SA2,552,19 18(3) A purchase agreement shall be in writing and shall include each of the
19following:
SB55-SSA1-SA2,552,2320 (a) The terms and conditions and any other pertinent information regarding
21the purchase, including the price of the burial space, any perpetual care
22requirements, and any resale, inheritor, cancellation, or refund rights under the
23agreement.
SB55-SSA1-SA2,553,224 (b) A description of all goods and services that are reasonably expected to be
25required at the time of need that are not subject to the purchase agreement,

1including opening and closing fees and any additional fees for weekend, holiday, or
2after hours burial.
SB55-SSA1-SA2,553,9 3(4) A cemetery authority shall assign a serial number to each purchase
4agreement that it enters into, maintain file copies in numerical order according to
5the serial number and enter the serial number and a description of each purchase
6agreement into a sales journal. Any additional purchase by a purchaser more than
730 days after entering a purchase agreement shall be the subject of a separate
8purchase agreement with a separate serial number that is the current unused serial
9number in consecutive order.
SB55-SSA1-SA2, s. 3605qn 10Section 3605qn. 440.929 of the statutes is created to read:
SB55-SSA1-SA2,553,14 11440.929 Rules. The department shall promulgate rules that establish a code
12of ethics to govern the professional conduct of cemetery authorities licensed under
13s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers
14licensed under s. 440.92 (1).
SB55-SSA1-SA2, s. 3605qp 15Section 3605qp. 440.93 (1) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,553,2516 440.93 (1) (intro.) The department may deny a certificate of licensure or
17registration of a cemetery authority, cemetery salesperson, or preneed seller and the
18board may
reprimand a licensee or registrant or deny, limit, suspend, or revoke a
19certificate of licensure or registration a cemetery authority, cemetery salesperson or
20preneed seller if it
if the department or board, respectively, finds that the applicant,
21licensee,
or registrant, or, if the applicant, licensee, or registrant, is an association,
22partnership, limited liability company, or corporation, any officer, director, trustee,
23member, or shareholder who beneficially owns, holds , or has the power to vote 5% or
24more of any class of security issued by the applicant, licensee, or registrant, has done
25any of the following:
SB55-SSA1-SA2, s. 3605qr
1Section 3605qr. 440.93 (1) (b) of the statutes is amended to read:
SB55-SSA1-SA2,554,42 440.93 (1) (b) Made a substantial misrepresentation or false promise to an
3individual to influence the individual to purchase a cemetery lot, cemetery
4merchandise or mausoleum a burial space.
SB55-SSA1-SA2, s. 3605qt 5Section 3605qt. 440.93 (1) (c) of the statutes is amended to read:
SB55-SSA1-SA2,554,96 440.93 (1) (c) Engaged in any practice relating to the operation or management
7of a cemetery or the
sale of a cemetery lot, cemetery merchandise or mausoleum a
8burial
space which clearly demonstrates a lack of knowledge or ability to apply
9professional principles or skills.
SB55-SSA1-SA2, s. 3605qv 10Section 3605qv. 440.93 (1) (cm) of the statutes is created to read:
SB55-SSA1-SA2,554,1211 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-SSA1-SA2, s. 3605qx 13Section 3605qx. 440.93 (1) (d) of the statutes is amended to read:
SB55-SSA1-SA2,554,1814 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-SSA1-SA2, s. 3605qz 19Section 3605qz. 440.93 (1) (f) of the statutes is amended to read:
SB55-SSA1-SA2,554,2320 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-SSA1-SA2, s. 3605sb 24Section 3605sb. 440.93 (1) (g) of the statutes is amended to read:
SB55-SSA1-SA2,555,3
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-SSA1-SA2, s. 3605sd 4Section 3605sd. 440.93 (1m) of the statutes is created to read:
SB55-SSA1-SA2,555,105 440.93 (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-SSA1-SA2, s. 3605sf 11Section 3605sf. 440.93 (2) of the statutes is amended to read:
SB55-SSA1-SA2,555,1412 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-SSA1-SA2, s. 3605sh 15Section 3605sh. 440.945 (1) (a) of the statutes is amended to read:
SB55-SSA1-SA2,555,1716 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial
17space
.
SB55-SSA1-SA2, s. 3605sj 18Section 3605sj. 440.945 (2) (a) of the statutes is amended to read:
SB55-SSA1-SA2,556,419 440.945 (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-SSA1-SA2, s. 3605sL 5Section 3605sL. 440.945 (2) (c) of the statutes is amended to read:
SB55-SSA1-SA2,556,156 440.945 (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-SSA1-SA2, s. 3605sn 16Section 3605sn. 440.945 (3) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,556,2017 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-SSA1-SA2, s. 3605sp 21Section 3605sp. 440.945 (4) (a) 1. of the statutes is amended to read:
SB55-SSA1-SA2,556,2422 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-SSA1-SA2, s. 3605sr 25Section 3605sr. 440.945 (4) (a) 2. of the statutes is amended to read:
SB55-SSA1-SA2,557,3
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-SSA1-SA2, s. 3605st 4Section 3605st. 440.945 (4) (a) 3. of the statutes is amended to read:
SB55-SSA1-SA2,557,115 440.945 (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-SSA1-SA2, s. 3605sv 12Section 3605sv. 440.945 (4) (a) 4. of the statutes is amended to read:
SB55-SSA1-SA2,557,1513 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-SSA1-SA2, s. 3605sx 16Section 3605sx. 440.945 (5) (a) of the statutes is amended to read:
SB55-SSA1-SA2,557,2017 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-SSA1-SA2, s. 3605sz 21Section 3605sz. 440.945 (5) (am) of the statutes is created to read:
SB55-SSA1-SA2,557,2422 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-SSA1-SA2, s. 3605ub 25Section 3605ub. 440.945 (5) (b) of the statutes is amended to read:
SB55-SSA1-SA2,558,10
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-SSA1-SA2, s. 3605ud 11Section 3605ud. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).
SB55-SSA1-SA2, s. 3605uf 12Section 3605uf. 440.947 (5) of the statutes is amended to read:
SB55-SSA1-SA2,558,1913 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-SSA1-SA2, s. 3605uh 20Section 3605uh. 440.948 of the statutes is created to read:
SB55-SSA1-SA2,558,25 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-SSA1-SA2, s. 3605uj
1Section 3605uj. 440.949 of the statutes is created to read:
SB55-SSA1-SA2,559,6 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-SSA1-SA2,559,10 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.
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