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239. 440.92 (10) of the statutes is repealed.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.
AB776,75,1310
(b) A description of all goods and services that are reasonably expected to be
11required at the time of need that are not subject to the purchase agreement,
12including opening and closing fees and any additional fees for weekend, holiday, or
13after hours burial.
AB776,75,20
14(4) A cemetery authority shall assign a serial number to each purchase
15agreement that it enters into, maintain file copies in numerical order according to
16the serial number and enter the serial number and a description of each purchase
17agreement into a sales journal. Any additional purchase by a purchaser more than
1830 days after entering a purchase agreement shall be the subject of a separate
19purchase agreement with a separate serial number that is the current unused serial
20number in consecutive order.
AB776, s. 243
21Section
243. 440.929 of the statutes is created to read:
AB776,75,25
22440.929 Rules. The department shall promulgate rules that establish a code
23of ethics to govern the professional conduct of cemetery authorities licensed under
24s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers
25licensed under s. 440.92 (1).
AB776, s. 244
1Section
244. 440.93 (1) (intro.) of the statutes is amended to read:
AB776,76,112
440.93
(1) (intro.) The department may
deny a certificate of licensure or
3registration of a cemetery authority, cemetery salesperson, or preneed seller and the
4board may reprimand a
licensee or registrant or
deny, limit, suspend
, or revoke a
5certificate of
licensure or registration a cemetery authority, cemetery salesperson or
6preneed seller if it if the department or board, respectively, finds that the applicant
,
7licensee, or registrant, or, if the applicant
, licensee, or registrant
, is an association,
8partnership, limited liability company
, or corporation, any officer, director, trustee,
9member
, or shareholder who beneficially owns, holds
, or has the power to vote 5% or
10more of any class of security issued by the applicant
, licensee, or registrant, has done
11any of the following:
AB776, s. 245
12Section
245. 440.93 (1) (b) of the statutes is amended to read:
AB776,76,1513
440.93
(1) (b) Made a substantial misrepresentation or false promise to an
14individual to influence the individual to purchase
a cemetery lot, cemetery
15merchandise or
mausoleum a burial space.
AB776, s. 246
16Section
246. 440.93 (1) (c) of the statutes is amended to read:
AB776,76,2017
440.93
(1) (c) Engaged in any practice relating to the
operation or management
18of a cemetery or the sale of
a cemetery lot, cemetery merchandise or
mausoleum a
19burial space which clearly demonstrates a lack of knowledge or ability to apply
20professional principles or skills.
AB776, s. 247
21Section
247. 440.93 (1) (cm) of the statutes is created to read:
AB776,76,2322
440.93
(1) (cm) Engaged in unprofessional or unethical conduct in violation of
23the code of ethics established in the rules promulgated under s. 440.929.
AB776, s. 248
24Section
248. 440.93 (1) (d) of the statutes is amended to read:
AB776,77,5
1440.93
(1) (d)
Subject to ss. 111.321, 111.322 and 111.335, been convicted of an
2offense Violated any law the circumstances of which substantially relate to the
3operation or management of a cemetery or the sale of
a cemetery lot, cemetery
4merchandise or
mausoleum a burial space.
A certified copy of a judgment of
5conviction is prima facie evidence of a violation.
AB776, s. 249
6Section
249. 440.93 (1) (f) of the statutes is amended to read:
AB776,77,107
440.93
(1) (f) Subject to ss. 111.321, 111.322
, and 111.34, engaged in any
8practice relating to the
operation or management of a cemetery or the sale of
a
9cemetery lot, cemetery merchandise or
mausoleum
a burial space while the person's
10ability to practice was impaired by
mental disease or defect or alcohol or other drugs.
AB776, s. 250
11Section
250. 440.93 (1) (g) of the statutes is amended to read:
AB776,77,1412
440.93
(1) (g) Violated this subchapter or
subch. II of ch. 157, any rule
13promulgated under this subchapter
or subch. II of ch. 157, or any order of the
14department or the board.
AB776, s. 251
15Section
251. 440.93 (1m) of the statutes is created to read:
AB776,77,2116
440.93
(1m) The board may, in addition to or in lieu of a reprimand or
17revocation, limitation, suspension, or denial of a certificate of registration or
18licensure, assess against a person licensed or registered under this subchapter who
19has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000
20for each separate offense. Each day of continued violation constitutes a separate
21offense.
AB776, s. 252
22Section
252. 440.93 (2) of the statutes is amended to read:
AB776,77,2523
440.93
(2) The
department board shall determine in each case the period that
24a limitation, suspension
, or revocation of a certificate is effective. This subsection
25does not apply to a limitation or suspension under s. 440.13 (2) (a).
AB776, s. 253
1Section
253. 440.945 (1) (a) of the statutes is amended to read:
AB776,78,32
440.945
(1) (a) "Installed" means permanently affixed to a
cemetery lot burial
3space.
AB776, s. 254
4Section
254. 440.945 (2) (a) of the statutes is amended to read:
AB776,78,155
440.945
(2) (a) Adopt regulations, consistent with this section and with
6standards that the cemetery authority uses for its own monument installations,
7prescribing requirements and procedures for the sale, delivery, installation
, or care
8of monuments, including requirements that each vendor provide reasonable advance
9notice to the cemetery authority of the date on which the vendor desires to install a
10monument; that each vendor carry worker's compensation insurance and a
11minimum amount of comprehensive general liability insurance, such minimum
12amount not to exceed $300,000; and that each owner of a
cemetery lot burial space 13pay all fees and other amounts due the cemetery authority to satisfy any
14encumbrances pertaining to the
cemetery lot burial space before a monument is
15installed.
AB776, s. 255
16Section
255. 440.945 (2) (c) of the statutes is amended to read:
AB776,79,217
440.945
(2) (c) Charge either the owner of a
cemetery lot burial space or a
18vendor a reasonable fee to cover the cemetery authority's labor costs. In this
19paragraph, "labor costs" means the amount, calculated in accordance with generally
20accepted accounting principles and practices, that is payable to employees of the
21cemetery authority for wages and fringe benefits for the period that the employees
22were engaged in marking the location for and inspecting the installation of the
23monument to ensure that it was properly installed, and may include any general
24administrative or overhead costs of the cemetery authority or any other costs that
1are directly related to marking the location for and inspecting the installation of the
2monument to ensure that it was properly installed.
AB776, s. 256
3Section
256. 440.945 (3) (a) (intro.) of the statutes is amended to read:
AB776,79,74
440.945
(3) (a) (intro.) Every cemetery authority shall keep on file and make
5available for inspection and copying to owners and prospective purchasers of
6cemetery lots burial spaces and to other interested persons all of the following
7information:
AB776, s. 257
8Section
257. 440.945 (4) (a) 1. of the statutes is amended to read:
AB776,79,119
440.945
(4) (a) 1. Require the owner or purchaser of a
cemetery lot burial space 10to purchase a monument or services related to the installation of a monument from
11the cemetery authority.
AB776, s. 258
12Section
258. 440.945 (4) (a) 2. of the statutes is amended to read:
AB776,79,1513
440.945
(4) (a) 2. Restrict the right of the owner or purchaser of a
cemetery lot 14burial space to purchase a monument or services related to the installation of a
15monument from the vendor of his or her choice.
AB776, s. 259
16Section
259. 440.945 (4) (a) 3. of the statutes is amended to read:
AB776,79,2317
440.945
(4) (a) 3. Except as provided in sub. (2) (c), charge the owner or
18purchaser of a
cemetery lot burial space a fee for purchasing a monument or services
19related to the installation of a monument from a vendor, or charge a vendor a fee for
20delivering or installing the monument. Nothing in this subdivision shall be
21construed to prohibit a cemetery authority from charging the owner or purchaser of
22a
cemetery lot burial space a reasonable fee for services relating to the care of a
23monument.
AB776, s. 260
24Section
260. 440.945 (4) (a) 4. of the statutes is amended to read:
AB776,80,3
1440.945
(4) (a) 4. Discriminate against any owner or purchaser of a
cemetery
2lot burial space who has purchased a monument or services related to the
3installation of a monument from a vendor.
AB776, s. 261
4Section
261. 440.945 (5) (a) of the statutes is amended to read:
AB776,80,85
440.945
(5) (a) If the
department
board has reason to believe that any person,
6other than a religious cemetery authority, is violating this section and that the
7continuation of that activity might cause injury to the public interest, the
8department may investigate.
AB776, s. 262
9Section
262. 440.945 (5) (am) of the statutes is created to read:
AB776,80,1210
440.945
(5) (am) If the department has reason to believe that any religious
11cemetery authority is violating this section and that the continuation of that activity
12might cause injury to the public interest, the department may investigate.
AB776, s. 263
13Section
263. 440.945 (5) (b) of the statutes is amended to read:
AB776,80,2314
440.945
(5) (b) The department of justice or any district attorney, upon
15informing the department of justice, may commence an action in circuit court in the
16name of the state to restrain by temporary or permanent injunction any violation of
17this section. The court may, prior to entry of final judgment, make such orders or
18judgments as may be necessary to restore to any person any pecuniary loss suffered
19because of the acts or practices involved in the action, if proof of such loss is submitted
20to the satisfaction of the court. The department of justice may subpoena persons and
21require the production of books and other documents, and may request the
22department of regulation and licensing
or board to exercise its authority under par.
23(a)
or (am) to aid in the investigation of alleged violations of this section.
AB776, s. 264
24Section
264. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).
AB776, s. 265
25Section
265. 440.947 (5) of the statutes is amended to read:
AB776,81,7
1440.947
(5) A person who sells a casket, outer burial container
, or cemetery
2merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least
3one year after the date of its last distribution to a prospective buyer and shall retain
4a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one
5year after completion of a sale. A person required to retain a copy under this
6subsection shall make the copy available for inspection by the department
or board 7upon request.
AB776, s. 266
8Section
266. 440.948 of the statutes is created to read:
AB776,81,13
9440.948 Burial agreements. Any agreement for the purchase of a casket,
10outer burial container not preplaced into the burial excavation of a grave, or
11combination casket-outer burial container, that is not immediately required for the
12burial or other disposition of human remains, is subject to the requirements of s.
13445.125 (1).
AB776, s. 267
14Section
267. 440.949 of the statutes is created to read:
AB776,81,19
15440.949 Rules; review of rules. (1) Before submitting any proposed rules
16relating to this subchapter, except for rules relating exclusively to religious cemetery
17authorities, to the legislative council staff under s. 227.15, the department shall
18submit the proposed rules to the board for comment. The board shall have 30 days
19to submit comments on the proposed rules to the secretary.
AB776,81,23
20(2) When promulgating emergency rules under s. 227.24 relating to this
21subchapter, except for rules relating exclusively to religious cemetery authorities,
22the department shall provide a copy of the rules to the board prior to publication of
23the rules in the official state newspaper.
AB776,82,2
24(3) The chairperson of the board, or his or her designee from the board, may
25cochair with the secretary, or the secretary's designee, any public hearing held by the
1department on proposed rules relating to this subchapter other than rules relating
2exclusively to religious cemetery authorities.
AB776,82,12
3(4) The department shall submit to the board a copy of the report required
4under s. 227.19 (2) on any proposed final rules relating to this subchapter other than
5rules relating exclusively to religious cemetery authorities. The board may prepare
6a dissenting report stating its recommendations on the proposed final rules. Any
7dissenting report shall be prepared within 10 days from the date of receipt of the
8department's report, attached to the department's report and sent to the presiding
9officer of each house of the legislature and distributed under s. 227.19 (2). The
10department shall publish a statement to appear in the Wisconsin administrative
11register indicating that a dissenting report of the board has been submitted to the
12presiding officer of each house of the legislature.
AB776,82,14
13(5) The department shall provide staff to assist the board in the review of
14administrative rules and preparation of comments or dissenting reports.
AB776, s. 268
15Section
268. 440.95 (1) of the statutes is amended to read:
AB776,82,1716
440.95
(1) Any cemetery authority that is required to register under s. 440.91
17(1) (1m) and that knowingly fails to register may be fined not more than $100.
AB776, s. 269
18Section
269. 440.95 (1m) of the statutes is created to read:
AB776,82,2219
440.95
(1m) Any cemetery authority that, without a license granted under s.
20440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery
21during a calendar year or has $100,000 or more in trust fund accounts for a cemetery
22may be fined not more than $100.
AB776, s. 270
23Section
270. 440.95 (2) of the statutes is amended to read:
AB776,83,224
440.95
(2) Any
individual who person that is required to
register be licensed 25as a cemetery salesperson under s. 440.91 (2) and
who fails to register that is not
1licensed may be fined not less than $25 nor more than $200 or imprisoned for not
2more than 6 months or both.
AB776, s. 271
3Section
271. 440.95 (2m) of the statutes is created to read:
AB776,83,64
440.95
(2m) Any person that is required to be licensed as a preneed seller under
5s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or
6imprisoned for not more than 90 days or both.
AB776, s. 272
7Section
272. 440.95 (4) (a) of the statutes is repealed.
AB776, s. 273
8Section
273. 440.95 (4) (c) of the statutes is amended to read:
AB776,83,109
440.95
(4) (c) Fails to file a report or files an incomplete, false
, or misleading
10report under s.
440.92 (6) 440.926.
AB776, s. 274
11Section
274. 440.95 (5) of the statutes is amended to read: