AB776, s. 184
20Section
184. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
21amended to read:
AB776,60,722
440.91
(1) (a) Except as provided in sub. (6m), every cemetery authority
that
23operates a cemetery that is 5 acres or more in size, that sells
or solicits the sale of a
24total of 10 20 or more
cemetery lots or mausoleum burial spaces
at a cemetery during
25a calendar year
and that pays any commission or other compensation to any person
1for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
2with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
3to the department
. The registration shall be in writing and shall include the names
4of the officers of the cemetery authority for a license for that cemetery. A cemetery
5authority that operates more than one cemetery shall apply for a separate license for
6each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
720 or more burial spaces or at which it has $100,000 or more in trust fund accounts.
AB776, s. 185
8Section
185. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:
AB776,60,109
440.91
(1) (b) Except as provided in s. 440.93 (1), the department shall grant
10a license to a cemetery authority if all of the following are satisfied:
AB776,60,1511
1. The cemetery authority submits an application for the license to the
12department on a form provided by the department. The application shall require the
13cemetery authority to provide the names of the officers of the cemetery authority and
14to identify a business representative who is primarily responsible for the cemetery
15authority's compliance with subch. II of ch. 157 and this subchapter.
AB776,60,1716
2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
17costs, or expenses charged by the department under s. 440.03 (13) (c).
AB776,60,2018
(c) A licensed cemetery authority shall notify the department if it designates
19a substitute business representative to take the place of a business representative
20identified under par. (b) 1.
AB776,60,2521
(d) If a licensed cemetery authority notifies the department under s. 157.08 (2)
22(b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c.
23and the department does not object to the action under s. 157.08 (2) (b) 3., the
24department shall revoke the license granted under par. (b) and require the licensed
25cemetery authority to reapply for a license under par. (b).
AB776,61,4
1(e) 1. The renewal dates and renewal fees for licenses granted under par. (b)
2are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not
3required to renew its license if the cemetery authority sells less than 10 burial spaces
4during a period of 2 consecutive calendar years.
AB776,61,85
2. A licensed cemetery authority that is not required to renew its license under
6subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
7that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
8or more burial spaces.
AB776, s. 186
9Section
186. 440.91 (1m) of the statutes is created to read:
AB776,61,1710
440.91
(1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
11authority that operates a cemetery for which a license is not required under sub. (1)
12shall register the cemetery with the department by paying a $5 registration fee and
13submitting an application on a form provided by the department that requires the
14applicant to provide the names of the officers of the cemetery authority and any other
15information that the department may require. A cemetery authority that operates
16more than one cemetery for which a license is not required under sub. (1) shall pay
17a separate registration fee and submit a separate application for each cemetery.
AB776,61,1918
(b) The renewal dates and renewal fees for registrations under par. (a) are
19specified in s. 440.08 (2) (a).
AB776,61,22
20(c) A cemetery authority is not required to register under par. (a) if it receives
21no income, other than gifts, from the sale of lots or services or from trust fund
22earnings.
AB776, s. 187
23Section
187. 440.91 (2) (intro.) of the statutes is amended to read:
AB776,62,1024
440.91
(2) (intro.) Except as provided in subs. (7) and (10), every
individual who 25person that sells or solicits the sale of, or
who that expects to sell or solicit the sale
1of,
a total of 10 20 or more
cemetery lots or mausoleum burial spaces during
a 2 2calendar
year years shall
register with be licensed by the department.
An individual 3A person may not be
registered licensed as a cemetery salesperson except upon the
4written request of a cemetery authority and the payment of the fee specified in s.
5440.05 (1). The cemetery authority shall certify in writing to the department that
6the
individual person is competent to act as a cemetery salesperson.
Within 10 days
7after the certification of any cemetery salesperson, the cemetery salesperson shall
8verify and An applicant for licensure as a cemetery salesperson shall furnish to the
9department, in such form as the department prescribes, all of the following
10information:
AB776, s. 188
11Section
188. 440.91 (2) (a) of the statutes is repealed and recreated to read:
AB776,62,1312
440.91
(2) (a) The name and address of the applicant and, if the applicant is
13a business entity, the name and address of each business representative.
AB776, s. 189
14Section
189. 440.91 (2) (b) and (c) of the statutes are repealed.
AB776, s. 190
15Section
190. 440.91 (4) of the statutes is amended to read:
AB776,62,2116
440.91
(4) Renewal applications shall be submitted to the department on a
17form provided by the department on or before the applicable renewal date specified
18under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
19s. 440.08 (2) (a).
An applicant for renewal of a cemetery salesperson license shall
20identify each individual that is exempt from licensure under sub. (7) and that the
21applicant has supervised during the prior 2 years.
AB776, s. 191
22Section
191. 440.91 (6m) of the statutes is repealed and recreated to read:
AB776,62,2423
440.91
(6m) A religious cemetery authority is not required to be licensed under
24sub. (1) or registered under sub. (1m).
AB776, s. 192
1Section
192. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and
2amended to read:
AB776,63,83
440.91
(7) (a) An individual who solicits the sale of cemetery lots or mausoleum
4spaces in a cemetery organized, maintained
, and operated by a town, village,
or city,
5church, synagogue or mosque, religious, or fraternal or benevolent society
or 6incorporated college of a religious order is not required to be
registered licensed 7under sub. (2)
if the individual is supervised by a cemetery salesperson licensed
8under sub. (2).
AB776, s. 193
9Section
193. 440.91 (7) (b) of the statutes is created to read:
AB776,63,1210
440.91
(7) (b) An individual who solicits the sale of cemetery lots or mausoleum
11spaces in a cemetery owned and operated by a religious cemetery authority is not
12required to be licensed under sub. (2).
AB776, s. 194
13Section
194. 440.91 (8) of the statutes is repealed.
AB776, s. 195
14Section
195. 440.91 (9) of the statutes is amended to read:
AB776,63,2115
440.91
(9) No cemetery authority or cemetery salesperson
registered licensed 16under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
17as a finder's fee relating to the sale of
a cemetery lot, cemetery merchandise or
18mausoleum a burial space to any person who is not
registered licensed under sub. (1)
19or (2) or who is not regularly and lawfully engaged in the sale of
cemetery lots, 20cemetery merchandise or
mausoleum burial spaces in another state or territory of
21the United States or a foreign country.
AB776, s. 196
22Section
196. 440.91 (10) of the statutes is amended to read:
AB776,64,223
440.91
(10) Nothing in this section requires an individual who is
registered 24licensed as a preneed seller under s. 440.92 (1) to be
registered licensed as a cemetery
1salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
2merchandise or undeveloped spaces under preneed sales contracts.
AB776, s. 197
3Section
197. 440.92 (1) (title) of the statutes is repealed and recreated to read:
AB776,64,44
440.92
(1) (title)
Licensure.
AB776, s. 198
5Section
198. 440.92 (1) (a) of the statutes is amended to read:
AB776,64,126
440.92
(1) (a) Except as provided in subs. (4)
, and (9) (a)
and (10), every
7individual who sells or solicits the sale of cemetery merchandise or an undeveloped
8space under a preneed sales contract
and, if the
is required to be licensed under this
9subsection and, if applicable, comply with the requirements under s. 445.125. If such
10an individual is employed by or acting as an agent for a cemetery authority or any
11other person, that cemetery authority or other person is
also required to be
registered 12licensed under this subsection.
AB776, s. 199
13Section
199. 440.92 (1) (b) (intro.) of the statutes is amended to read:
AB776,64,1514
440.92
(1) (b) (intro.) The department shall issue a certificate of
registration 15licensure as a cemetery preneed seller to any person who does all of the following:
AB776, s. 200
16Section
200. 440.92 (1) (bm) of the statutes is created to read:
AB776,64,2117
440.92
(1) (bm) If a cemetery authority that is registered under this subsection
18notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an
19action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to
20the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and
21require the cemetery authority to reapply for a registration under this subsection.
AB776, s. 201
22Section
201. 440.92 (1) (e) of the statutes is amended to read:
AB776,65,223
440.92
(1) (e) Nothing in this subsection requires an individual who is
24registered licensed as a cemetery salesperson under s. 440.91 (2) to be
registered
1licensed under this subsection if the individual does not conduct or solicit any sale
2under a preneed sales contract.
AB776, s. 202
3Section
202. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
AB776, s. 203
4Section
203. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and
5440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
AB776,65,76
440.922
(1) (a) 2. By affixing the cemetery merchandise to the
cemetery lot or
7mausoleum burial space.
AB776,65,128
3. By storing the cemetery merchandise in a warehouse that is located on the
9property of the preneed seller if the preneed seller insures the cemetery merchandise
10and the preneed sales contract requires the preneed seller to ultimately affix the
11cemetery merchandise to the
cemetery lot or mausoleum
burial space without
12additional charge.
AB776,65,1813
3g. By storing the cemetery merchandise anywhere on the property of the
14preneed seller if the property of the preneed seller is located in this state, the preneed
15seller insures the cemetery merchandise and the preneed sales contract requires the
16preneed seller to ultimately affix the cemetery merchandise to a
cemetery lot burial
17space, to the outside of or the grounds surrounding a mausoleum
or columbarium or
18to any other outdoor location without additional charge.
AB776,65,2519
4. (intro.) By having the cemetery merchandise stored in a warehouse that is
20not located on the property of the preneed seller if the warehouse has agreed to ship
21the cemetery merchandise to the preneed seller, purchaser
, or beneficiary named in
22the preneed sales contract without additional charge to the purchaser and the
23preneed sales contract requires that the cemetery merchandise ultimately be affixed
24to the
cemetery lot or mausoleum burial space without additional charge. If the
25cemetery merchandise is delivered under this subdivision, all of the following apply:
AB776, s. 204
1Section
204. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and
2amended to read:
AB776,66,123
440.922
(2) Affixture of cemetery merchandise. If a preneed sales contract
4for the sale of cemetery merchandise requires the preneed seller to ultimately affix
5the cemetery merchandise to a
cemetery lot, mausoleum
burial space or other
6location but the purchaser has not informed the preneed seller of the location where
7the cemetery merchandise is to be affixed and the location where the cemetery
8merchandise is to be affixed is not specified in the preneed sales contract, the preneed
9sales contract may provide that the preneed seller may charge the purchaser an
10additional fee at the time that the cemetery merchandise is affixed not to exceed the
11additional costs to the preneed seller that are necessitated by the purchaser's choice
12of location.
AB776, s. 205
13Section
205. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
AB776, s. 206
14Section
206. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
15amended to read:
AB776,66,2116
440.922
(3) Voiding of contracts. Except as provided in
par. (cm) sub. (4), a
17preneed sales contract shall provide that if the purchaser voids the preneed sales
18contract at any time within 10 days after the date of the initial payment the preneed
19seller shall, within 30 days after the date on which the preneed sales contract is
20voided, refund all money paid by the purchaser for cemetery merchandise that has
21not been supplied or delivered and for the mausoleum space.
AB776, s. 207
22Section
207. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
AB776, s. 208
23Section
208. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
AB776, s. 209
24Section
209. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).
AB776, s. 210
1Section
210. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and
2amended to read:
AB776,67,63
440.922
(5) (c) If a preneed sales contract is voided under par.
(e) (b), the
4preneed seller shall, within 30 days after the date on which the preneed sales
5contract is voided, refund all money paid by the purchaser, together with interest
6calculated at the legal rate of interest as provided under s. 138.04.
AB776, s. 211
7Section
211. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922 (6)
8and (10).
AB776, s. 212
9Section
212. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and
10amended to read:
AB776,67,1811
440.922
(7) Trusting requirements. If a preneed sales contract includes
12provisions for the sale of cemetery merchandise or an undeveloped space that is
13subject to the trusting requirements under
sub. s. 440.92 (3) (a) and (b) and for the
14sale of other goods or services that are not subject to the trusting requirements under
15sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
16to the trusting requirements may not be inflated for the purpose of allocating a lower
17sale price to the cemetery merchandise or undeveloped space that is subject to the
18trusting requirements.
AB776, s. 213
19Section
213. 440.92 (2) (j) of the statutes is renumbered 440.922 (8).
AB776, s. 214
20Section
214. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and
21amended to read:
AB776,68,322
440.922
(9) Notice of rights. A preneed sales contract shall include the
23following language in not less than 10-point boldface type: "SECTION
440.92 (2) 24440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE
25PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE
1CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE
2CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
3INTEREST IN THE CONTRACT TO ANOTHER PERSON."
AB776, s. 215
4Section
215. 440.92 (3) (a) (intro.) of the statutes is renumbered 440.92 (3) (a)
5and amended to read:
AB776,68,156
440.92
(3) (a) A preneed seller shall deposit into a preneed trust fund an
7amount equal to at least 40% of each payment of principal that is received from the
8sale of cemetery merchandise under a preneed sales contract
, or the wholesale cost
9ratio for the cemetery merchandise multiplied by the amount of the payment of
10principal that is received, whichever is greater. In addition to the amount required
11to be deposited under this paragraph for the sale of cemetery merchandise and except
12as provided in par. (c), if a preneed seller receives payment for the sale of an
13undeveloped space under a preneed sales contract, the preneed seller shall deposit
14a percentage at least 40% of each payment of principal that is received from the sale
15of the undeveloped space into a preneed trust fund
, determined as follows:.
AB776, s. 216
16Section
216. 440.92 (3) (a) 1. and 2. of the statutes are repealed.
AB776, s. 217
17Section
217. 440.92 (3) (c) (intro.) of the statutes is amended to read:
AB776,68,2018
440.92
(3) (c) (intro.) A preneed seller is not required to make the deposits
19required under par. (a)
1. and 2. for payments for sales of undeveloped spaces under
20preneed contracts if any of the following applies:
AB776, s. 218
21Section
218. 440.92 (4) (title) of the statutes is amended to read:
AB776,68,2222
440.92
(4) (title)
Exceptions to registration licensure requirement.
AB776, s. 219
23Section
219. 440.92 (4) (a) (intro.) of the statutes is amended to read:
AB776,69,324
440.92
(4) (a) (intro.) Any person who sells or solicits the sale of cemetery
25merchandise under a preneed sales contract is not required to be
registered licensed
1under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if
2all payments received under the preneed sales contract are trusted as required under
3s. 445.125 (1) (a) 1. or if all of the following conditions are met:
AB776, s. 220
4Section
220. 440.92 (4) (b) of the statutes is amended to read:
AB776,69,105
440.92
(4) (b) If any preneed seller who is not
registered licensed under sub.
6(1) accepts a payment under a preneed sales contract and the merchandise is not
7delivered within 180 days after the date of the sale, the preneed seller shall
8immediately notify the purchaser that the purchaser is entitled to a refund of all
9money paid by the purchaser, together with interest calculated at the legal rate of
10interest as provided under s. 138.04, at any time before the merchandise is delivered.
AB776, s. 221
11Section
221. 440.92 (5) of the statutes is renumbered 440.924.
AB776, s. 222
12Section
222. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and
13amended to read:
AB776,69,15
14440.926 (title)
Reporting;
Preneed seller reporting and record keeping;
15audits.
AB776, s. 223
16Section
223. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and
17amended to read:
AB776,69,2318
440.926
(1) (a) Every preneed seller
registered licensed under
sub. s. 440.92 19(1) shall file an annual report with the department. The report shall be made on a
20form prescribed and furnished by the department. The report shall be made on a
21calendar-year basis unless the department, by rule, provides for other reporting
22periods. The report is due on or before the 60th day after the last day of the reporting
23period.
AB776, s. 224
24Section
224. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1)
25(b) and (c).
AB776, s. 225
1Section
225. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and
2amended to read:
AB776,70,83
440.926
(2) (c) All records described under
pars. sub. (1) (b) 2. and (c) and
4maintained by the department are confidential and are not available for inspection
5or copying under s. 19.35 (1). This paragraph does not apply to any information
6regarding the name, address
, or employer of or financial information related to an
7individual that is requested under s. 49.22 (2m) by the department of workforce
8development or a county child support agency under s. 59.53 (5).
AB776, s. 226
9Section
226. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1)
10(d) and (e).
AB776, s. 227
11Section
227. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and
12440.926 (2) (a) 1. and 2., as renumbered, are amended to read:
AB776,70,1413
440.926
(2) (a) 1. The records needed to prepare the reports required under
par.
14sub. (1) (a).
AB776,70,1715
2. Records that show, for each deposit in a trust fund or account specified in
16pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed
17sales contract relating to the deposit and the item purchased.
AB776, s. 228
18Section
228. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
19amended to read:
AB776,70,2420
440.926
(2) (b) The records under
par.
sub. (1) (b) 1. shall be permanently
21maintained by the preneed seller. The records under
par. sub. (1) (b) 2. shall be
22maintained for not less than 3 years after all of the obligations of the preneed sales
23contract have been fulfilled. The department may promulgate rules to establish
24longer time periods for maintaining records under this paragraph.