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.
AB776, s. 229
1Section
229. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
2amended to read:
AB776,71,53
440.926
(3) (a) The department may promulgate rules requiring preneed
4sellers
registered licensed under
sub. s. 440.92 (1) to maintain other records and
5establishing minimum time periods for the maintenance of those records.
AB776, s. 230
6Section
230. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
7amended to read:
AB776,71,158
440.926
(4) Audits. The department may audit, at reasonable times and
9frequency, the records, trust funds
, and accounts of any preneed seller
registered 10licensed under
sub. s. 440.92 (1), including records, trust funds
, and accounts
11pertaining to services provided by a preneed seller which are not otherwise subject
12to the requirements under this
section subchapter. The department may conduct
13audits under this
paragraph subsection on a random basis, and shall conduct all
14audits under this
paragraph subsection without providing prior notice to the preneed
15seller.
AB776, s. 231
16Section
231. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and
17amended to read:
AB776,71,2018
440.926
(3) (b) The department may promulgate rules establishing a filing fee
19to accompany the report required under
par. sub. (1) (a). The filing fee shall be based
20on the approximate cost of regulating preneed sellers.
AB776, s. 232
21Section
232. 440.92 (7) of the statutes is renumbered 440.927 and amended
22to read:
AB776,72,12
23440.927 Approval of warehouses. No person may own or operate a
24warehouse
located inside or outside this state unless the warehouse is approved by
25the department.
Upon application, the department shall approve a warehouse that
1is located in this state if the person who operates the warehouse is licensed as a public
2warehouse keeper by the department of agriculture, trade and consumer protection
3under ch. 99, but may not approve a warehouse that is located in this state unless
4the person is so licensed. The department shall promulgate rules establishing the
5requirements for approval of warehouses
that are located outside this state under
6this section. The rules shall require warehouses
that are located outside this state 7to file with the department a bond furnished by a surety company authorized to do
8business in this state in an amount that is sufficient to guarantee the delivery of
9cemetery merchandise to purchasers under preneed sales contracts. The
10department shall compile and keep a current list of the names and addresses of all
11warehouses approved under this
subsection section and shall make the list available
12for public inspection during the times specified in s. 230.35 (4) (f).
AB776, s. 233
13Section
233. 440.92 (9) (title) of the statutes is amended to read:
AB776,72,1514
440.92
(9) (title)
Exemptions; certification of compliance of religious
15cemetery affiliated with religious society
authorities.
AB776, s. 234
16Section
234. 440.92 (9) (a) of the statutes is amended to read:
AB776,73,217
440.92
(9) (a) If
the cemetery authority of a cemetery that is affiliated with a
18religious society organized under ch. 187 or that religious society
a religious
19cemetery authority or the church, synagogue, mosque, incorporated college of a
20religious order, or religious society organized under ch. 187 that is affiliated with a
21religious cemetery authority files an annual certification with the department as
22provided in this subsection, neither the
religious cemetery authority nor any
23employee of the cemetery is required to be
registered
licensed as a cemetery preneed
24seller under sub. (1) during the period for which the certification is effective
, but the
1religious cemetery authority and any employee are required to comply, if applicable,
2with the requirements of s. 445.125.
AB776, s. 235
3Section
235. 440.92 (9) (b) 3. of the statutes is amended to read:
AB776,73,94
440.92
(9) (b) 3. A notarized statement of a person who is legally authorized to
5act on behalf of the religious
society cemetery authority under this subsection that,
6during the 12-month period immediately preceding the date on which the
7certification is filed with the department, each employee specified under subd. 2. and
8the
religious cemetery authority have either fully complied or have substantially
9complied with
subs. (2), sub. (3) (a) and (b) and
(5) ss. 440.922 and 440.924.
AB776, s. 236
10Section
236. 440.92 (9) (c) of the statutes is amended to read:
AB776,73,1411
440.92
(9) (c) If the statement under par. (b) 3. includes a statement of
12substantial compliance, the statement of substantial compliance must also specify
13those instances when the employee or
religious cemetery authority did not fully
14comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or 440.924.
AB776, s. 237
15Section
237. 440.92 (9) (e) of the statutes is amended to read:
AB776,73,1916
440.92
(9) (e) During the effective period specified under par. (d), the
17department may not audit the preneed trust funds or any records or accounts
18relating to the preneed trust funds of the
religious cemetery authority or any
19employee of the cemetery to which a certification under this subsection applies.
AB776, s. 238
20Section
238. 440.92 (9) (f) of the statutes is amended to read:
AB776,74,221
440.92
(9) (f) The
church, synagogue, mosque, incorporated college of a
22religious order, or religious society that is affiliated with a cemetery to which a
23certification under this subsection applies is liable for the damages of any person
24that result from the failure of any employee specified under par. (b) 2. or the
religious 25cemetery authority to fully comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or
1440.924 during the 12-month period for which such compliance has been certified
2under this subsection.
AB776, s. 239
3Section
239. 440.92 (10) of the statutes is repealed.
AB776, s. 240
4Section
240. 440.922 (1) (title), (4) (title), (5) (title), (6) (title), (8) (title) and (10)
5(title) of the statutes are created to read:
AB776,74,66
440.922
(1) (title)
Delivery of cemetery merchandise.
AB776,74,7
7(4) (title)
Physical alteration of cemetery merchandise.
AB776,74,8
8(5) (title)
Undeveloped space sales.
AB776,74,9
9(6) (title)
Interest assignments.
AB776,74,10
10(8) (title)
Contract requirements.
AB776,74,11
11(10) (title)
Conflicting provisions.
AB776, s. 241
12Section
241. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are
13created to read:
AB776,74,1414
440.926
(1) (title)
Reports.
AB776,74,15
15(2) (title)
Records.
AB776,74,16
16(3) (title)
Rules.
AB776, s. 242
17Section
242. 440.928 of the statutes is created to read:
AB776,74,18
18440.928 Burial space purchase agreements. (1) In this section:
AB776,74,1919
(a) "Cemetery authority" does not include a religious cemetery authority.
AB776,74,2120
(b) "Opening or closing fees" means fees charged by a cemetery authority for
21opening or closing a burial space.
AB776,74,2322
(c) "Purchase agreement" means an agreement for the purchase of a burial
23space.
AB776,75,3
1(2) Before entering into a purchase agreement, a cemetery authority shall
2disclose to the purchaser any opening or closing fees charged by the cemetery
3authority.
AB776,75,5
4(3) A purchase agreement shall be in writing and shall include each of the
5following:
AB776,75,96
(a) The terms and conditions and any other pertinent information regarding
7the purchase, including the price of the burial space, any perpetual care
8requirements, and any resale, inheritor, cancellation, or refund rights under the
9agreement.