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.
SB55-SSA1-SA2,559,14 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-SSA1-SA2,559,24 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-SSA1-SA2,560,2
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-SSA1-SA2, s. 3605uL 3Section 3605uL. 440.95 (1) of the statutes is amended to read:
SB55-SSA1-SA2,560,54 440.95 (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-SSA1-SA2, s. 3605un 6Section 3605un. 440.95 (1m) of the statutes is created to read:
SB55-SSA1-SA2,560,107 440.95 (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-SSA1-SA2, s. 3605up 11Section 3605up. 440.95 (2) of the statutes is amended to read:
SB55-SSA1-SA2,560,1512 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-SSA1-SA2, s. 3605ur 16Section 3605ur. 440.95 (2m) of the statutes is created to read:
SB55-SSA1-SA2,560,1917 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-SSA1-SA2, s. 3605ut 20Section 3605ut. 440.95 (4) (a) of the statutes is repealed.
SB55-SSA1-SA2, s. 3605uv 21Section 3605uv. 440.95 (4) (c) of the statutes is amended to read:
SB55-SSA1-SA2,560,2322 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-SSA1-SA2, s. 3605ux 24Section 3605ux. 440.95 (5) of the statutes is amended to read:
SB55-SSA1-SA2,561,4
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-SSA1-SA2,561,5 51248. Page 1156, line 6: after that line insert:
SB55-SSA1-SA2,561,6 6" Section 3619c. 560.031 (1) (bt) of the statutes is created to read:
SB55-SSA1-SA2,561,87 560.031 (1) (bt) "High-volume industrial waste" has the meaning given in s.
8289.01 (17).
SB55-SSA1-SA2, s. 3619e 9Section 3619e. 560.031 (2) (a) of the statutes, as created by 1997 Wisconsin
10act 27, is amended to read:
SB55-SSA1-SA2,561,1211 560.031 (2) (a) At the request of the board, the department shall provide the
12financial assistance awarded by the board under subs. (3) and, (4), and (4m).
SB55-SSA1-SA2, s. 3619g 13Section 3619g. 560.031 (2) (b) 3. of the statutes is created to read:
SB55-SSA1-SA2,561,1514 560.031 (2) (b) 3. The department shall provide the financial assistance
15awarded under sub. (4m) from the appropriations under s. 20.143 (1) (hr) and (rr).
SB55-SSA1-SA2, s. 3619k 16Section 3619k. 560.031 (3) of the statutes, as created by 1997 Wisconsin act
1727, is renumbered 560.031 (3) (a).
SB55-SSA1-SA2, s. 3619m 18Section 3619m. 560.031 (3) (bc) of the statutes is created to read:
SB55-SSA1-SA2,561,2219 560.031 (3) (bc) In awarding grants, loans, and manufacturing rebates under
20this subsection, the board shall give priority to projects that involve recovered
21materials that constitute a relatively high volume of solid waste generated in this
22state or that are hazardous to human health or the environment.
SB55-SSA1-SA2, s. 3619n 23Section 3619n. 560.031 (3) (cm) of the statutes is created to read:
SB55-SSA1-SA2,562,5
1560.031 (3) (cm) Annually, the board shall allocate up to $200,000 in financial
2assistance under this subsection for forgivable loans for projects that have
3exceptional potential to meet one of the qualifying considerations under par. (a) 1.,
42., 3., or 4., but do not comply with the standard criteria established by the board or
5department for meeting its fiduciary responsibilities in managing state resources.
SB55-SSA1-SA2, s. 3619p 6Section 3619p. 560.031 (4m) of the statutes is created to read:
SB55-SSA1-SA2,562,117 560.031 (4m) The board may award a grant or loan under this subsection for
8a project to develop markets for high-volume industrial waste or to assist generators
9of high-volume industrial waste in marketing high-volume industrial waste. Before
10awarding a grant or loan, the board shall consider whether the project does all of the
11following:
SB55-SSA1-SA2,562,1312 (a) Maximizes the marketability of high-volume industrial waste on a
13statewide basis.
SB55-SSA1-SA2,562,1514 (b) Minimizes the amount of high-volume industrial waste disposed of in
15landfills.
SB55-SSA1-SA2,562,1716 (c) Maintains present markets or creates new or expanded markets for
17high-volume industrial waste.".
SB55-SSA1-SA2,562,18 181249. Page 1156, line 6: after that line insert:
SB55-SSA1-SA2,562,19 19" Section 3608cg. 452.01 (3p) of the statutes is created to read:
SB55-SSA1-SA2,562,2320 452.01 (3p) "Closing agent" means any person who coordinates the closing of
21a conveyance of real estate by ensuring that title to the real estate is transferred to
22the buyer and that the purchase price is transferred to the seller, except that "closing
23agent" does not include any of the following:
SB55-SSA1-SA2,563,2
1(a) A receiver, trustee, administrator, executor, guardian, or other person
2appointed by or acting under the judgment or order of any court.
SB55-SSA1-SA2,563,33 (b) A public officer while performing his or her official duties.
SB55-SSA1-SA2,563,44 (c) A depository institution.
SB55-SSA1-SA2,563,65 (d) An employee of a person specified in pars. (a) to (c) when the employee is
6engaged in the specific performance as such an employee.
SB55-SSA1-SA2,563,87 (e) An attorney licensed to practice in this state while acting within the scope
8of his or her attorney's license.
SB55-SSA1-SA2, s. 3608cm 9Section 3608cm. 452.035 of the statutes is created to read:
SB55-SSA1-SA2,563,20 10452.035 Closing agents. No person, including an escrow agent, as defined in
11s. 138.052 (5m) (a) or 707.49 (1) (d), may engage in the business or occupation of, or
12advertise or hold himself or herself out as, a closing agent unless the person is
13registered as a closing agent by the department. The department shall issue a
14certificate of registration as a closing agent to a person who submits an application
15to the department on a form provided by the department, pays the fee specified in
16s. 440.05 (1), and submits evidence satisfactory to the department that he or she is
17competent to act as a closing agent. Renewal applications shall be submitted to the
18department on a form provided by the department on or before the applicable
19renewal date specified under s. 440.08 (2) (a) and shall include the applicable
20renewal fee specified under s. 440.08 (2) (a).
SB55-SSA1-SA2, s. 3608cr 21Section 3608cr. 452.05 (1) (a) of the statutes is amended to read:
SB55-SSA1-SA2,563,2322 452.05 (1) (a) Grant and issue licenses to brokers and salespersons and
23registrations to time-share salespersons and closing agents.
SB55-SSA1-SA2, s. 3608dg 24Section 3608dg. 452.11 (1) of the statutes is amended to read:
SB55-SSA1-SA2,564,2
1452.11 (1) A nonresident may become a broker, salesperson or, time-share
2salesperson, or closing agent by conforming to all the provisions of this chapter.
SB55-SSA1-SA2, s. 3608dm 3Section 3608dm. 452.12 (6) (a) of the statutes is amended to read:
SB55-SSA1-SA2,564,74 452.12 (6) (a) Any licensee, except a time-share salesperson registered under
5s. 452.025 or a closing agent registered under s. 452.035, may apply for registration
6as an inactive licensee on or before the license renewal date. This paragraph does
7not apply after October 31, 1995.
SB55-SSA1-SA2, s. 3608dr 8Section 3608dr. 452.13 (1) (b) of the statutes is renumbered 452.01 (3w).
SB55-SSA1-SA2, s. 3608eg 9Section 3608eg. 452.13 (1) (c) of the statutes is created to read:
SB55-SSA1-SA2,564,1210 452.13 (1) (c) "Closing funds" means any money related to the closing of real
11estate conveyance that is received by a closing agent. "Closing funds" does not
12include client funds, unless the client funds are transferred to a closing agent.
SB55-SSA1-SA2, s. 3608em 13Section 3608em. 452.13 (2) (a) of the statutes is amended to read:
SB55-SSA1-SA2,564,2014 452.13 (2) (a) A broker who holds client funds or a closing agent who holds
15closing funds
shall establish an interest-bearing common trust account in a
16depository institution. The interest-bearing common trust account shall earn
17interest at a rate not less than that applicable to individual accounts of the same
18type, size, and duration and for which withdrawals or transfers can be made without
19delay, subject to any notice period that the depository institution is required to
20observe by law or regulation.
SB55-SSA1-SA2, s. 3608er 21Section 3608er. 452.13 (2) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,564,2322 452.13 (2) (b) (intro.) Any broker or closing agent who maintains an
23interest-bearing common trust account shall do all of the following:
SB55-SSA1-SA2, s. 3608fg 24Section 3608fg. 452.13 (2) (c) of the statutes is amended to read:
SB55-SSA1-SA2,565,2
1452.13 (2) (c) A broker or closing agent shall deposit all client funds or closing
2funds
in the interest-bearing common trust account.
SB55-SSA1-SA2, s. 3608fm 3Section 3608fm. 452.13 (2) (e) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,565,64 452.13 (2) (e) (intro.) For each interest-bearing common trust account, the
5broker or closing agent shall direct the depository institution to do all of the
6following:
SB55-SSA1-SA2, s. 3608fr 7Section 3608fr. 452.13 (2) (e) 2. of the statutes is amended to read:
SB55-SSA1-SA2,565,138 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the
9department of administration and to the broker or closing agent maintaining the
10interest-bearing common trust account a statement that includes the name of the
11broker or closing agent for whose account the remittance is made, the rate of interest
12applied, the amount of service charges or fees deducted, if any, and the account
13balance for the period that the statement covers.
SB55-SSA1-SA2, s. 3608gg 14Section 3608gg. 452.13 (2) (f) 1. of the statutes is amended to read:
SB55-SSA1-SA2,565,1815 452.13 (2) (f) 1. May not assess a service charge or fee that is due on an
16interest-bearing common trust account against any broker or closing agent or,
17except as provided in subd. 3., against any other account, regardless of whether the
18same broker or closing agent maintains the other account.
SB55-SSA1-SA2, s. 3608gm 19Section 3608gm. 452.13 (3) of the statutes is amended to read:
SB55-SSA1-SA2,566,320 452.13 (3) Deposit provisions. A broker or closing agent who deposits client
21funds or closing funds in an interest-bearing common trust account in compliance
22with this section may not be held liable to the owner or beneficial owner of the client
23funds or closing funds for damages due to compliance with this section. A broker,
24salesperson, or time-share salesperson who deposits client funds, or a closing agent
25who deposits closing funds,
in an interest-bearing common trust account in

1compliance with this section is not required to disclose alternative depository
2arrangements that could be made by the parties or to disclose that a deposit will be
3made under this section.
SB55-SSA1-SA2, s. 3608gr 4Section 3608gr. 452.13 (4) of the statutes is amended to read:
SB55-SSA1-SA2,566,75 452.13 (4) Trust account optional. This section does not require a broker or
6closing agent
to hold client funds or closing funds or require a person to transfer
7client funds to a broker or transfer closing funds to a closing agent.
SB55-SSA1-SA2, s. 3608hg 8Section 3608hg. 452.14 (1) of the statutes is amended to read:
SB55-SSA1-SA2,566,139 452.14 (1) The department shall, upon motion of the board or upon its own
10determination, conduct investigations and, as appropriate, may hold hearings and
11make findings, if the department receives credible information that a broker,
12salesperson or, time-share salesperson , or closing agent has violated this chapter or
13any rule promulgated under this chapter.
SB55-SSA1-SA2, s. 3608hm 14Section 3608hm. 452.14 (3) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,566,1915 452.14 (3) (intro.) Disciplinary proceedings shall be conducted by the board
16according to rules adopted under s. 440.03 (1). The board may revoke, suspend, or
17limit any broker's, salesperson's or, time-share salesperson's, or closing agent's
18license or registration, or reprimand the holder of the license or registration, if it
19finds that the holder of the license or registration has:
SB55-SSA1-SA2, s. 3608hr 20Section 3608hr. 452.14 (3) (b) of the statutes is amended to read:
SB55-SSA1-SA2,566,2321 452.14 (3) (b) Made any substantial misrepresentation with reference to a
22transaction injurious to a seller or purchaser in which the broker, salesperson or,
23time-share salesperson, or closing agent acts as agent;
SB55-SSA1-SA2, s. 3608ig 24Section 3608ig. 452.14 (3) (h) of the statutes is amended to read:
SB55-SSA1-SA2,567,3
1452.14 (3) (h) Failed, within a reasonable time, to account for or remit any
2moneys coming into the broker's, salesperson's or, time-share salesperson's, or
3closing agent's
possession which belong to another person;
SB55-SSA1-SA2, s. 3608im 4Section 3608im. 452.14 (3) (i) of the statutes is amended to read:
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