SB347,15,1715 440.926 (3) (a) The department may promulgate rules requiring preneed
16sellers registered under sub. s. 440.92 (1) to maintain other records and establishing
17minimum time periods for the maintenance of those records.
SB347, s. 42 18Section 42. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
19amended to read:
SB347,16,220 440.926 (4) Audits. The department may audit, at reasonable times and
21frequency, the records, trust funds, and accounts of any preneed seller registered
22under sub. s. 440.92 (1), including records, trust funds, and accounts pertaining to
23services provided by a preneed seller which are not otherwise subject to the
24requirements under this section subchapter. The department may conduct audits

1under this paragraph subsection on a random basis, and shall conduct all audits
2under this paragraph subsection without providing prior notice to the preneed seller.
SB347, s. 43 3Section 43. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and
4amended to read:
SB347,16,75 440.926 (3) (b) The department may promulgate rules establishing a filing fee
6to accompany the report required under par. sub. (1) (a). The filing fee shall be based
7on the approximate cost of regulating preneed sellers.
SB347, s. 44 8Section 44. 440.92 (7) of the statutes is renumbered 440.927 and amended to
9read:
SB347,16,24 10440.927 Approval of warehouses. No person may own or operate a
11warehouse unless the warehouse is approved by the department. Upon application,
12the department shall approve a warehouse that is located in this state if the person
13who operates the warehouse is licensed as a public warehouse keeper by the
14department of agriculture, trade and consumer protection under ch. 99, but may not
15approve a warehouse that is located in this state unless the person is so licensed. The
16department shall promulgate rules establishing the requirements for approval of
17warehouses that are located outside this state. The rules shall require warehouses
18that are located outside this state to file with the department a bond furnished by
19a surety company authorized to do business in this state in an amount that is
20sufficient to guarantee the delivery of cemetery merchandise to purchasers under
21preneed sales contracts. The department shall compile and keep a current list of the
22names and addresses of all warehouses approved under this subsection section and
23shall make the list available for public inspection during the times specified in s.
24230.35 (4) (f).
SB347, s. 45 25Section 45. 440.92 (9) (title) of the statutes is repealed.
SB347, s. 46
1Section 46. 440.92 (9) (a) of the statutes is renumbered 440.92 (4) (am) 1. and
2amended to read:
SB347,17,83 440.92 (4) (am) 1. If the cemetery authority of a cemetery that is affiliated with
4a religious society organized under ch. 187 or that religious society files an annual
5certification with the department as provided in this subsection paragraph, neither
6the cemetery authority nor any employee of the cemetery is required to be registered
7as a cemetery preneed seller under sub. (1) during the period for which the
8certification is effective.
SB347, s. 47 9Section 47. 440.92 (9) (b) of the statutes is renumbered 440.92 (4) (am) 2., and
10440.92 (4) (am) 2. (intro.) and c., as renumbered, are amended to read:
SB347,17,1311 440.92 (4) (am) 2. (intro.) A certification under this subsection paragraph shall
12be made on a form prescribed and furnished by the department and include all of the
13following:
SB347,17,1914 c. A notarized statement of a person who is legally authorized to act on behalf
15of the religious society under this subsection paragraph that, during the 12-month
16period immediately preceding the date on which the certification is filed with the
17department, each employee specified under subd. 2. b. and the cemetery authority
18have either fully complied or have substantially complied with subs. (2), sub. (3) (a)
19and (b) and (5) ss. 440.922 and 44.924.
SB347, s. 48 20Section 48. 440.92 (9) (c) of the statutes is renumbered 440.92 (4) (am) 3. and
21amended to read:
SB347,17,2522 440.92 (4) (am) 3. If the statement under par. (b) 3. subd. 2. c. includes a
23statement of substantial compliance, the statement of substantial compliance must
24also specify those instances when the employee or cemetery authority did not fully
25comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.
SB347, s. 49
1Section 49. 440.92 (9) (d) of the statutes is renumbered 440.92 (4) (am) 4. and
2amended to read:
SB347,18,53 440.92 (4) (am) 4. A certification under this subsection paragraph is effective
4for the 12-month period immediately following the date on which the certification
5is filed with the department.
SB347, s. 50 6Section 50. 440.92 (9) (e) of the statutes is renumbered 440.92 (4) (am) 5. and
7amended to read:
SB347,18,118 440.92 (4) (am) 5. During the effective period specified under par. (d) subd. 4.,
9the department may not audit the preneed trust funds or any records or accounts
10relating to the preneed trust funds of the cemetery authority or any employee of the
11cemetery to which a certification under this subsection paragraph applies.
SB347, s. 51 12Section 51. 440.92 (9) (f) of the statutes is renumbered 440.92 (4) (am) 6. and
13amended to read:
SB347,18,1914 440.92 (4) (am) 6. The religious society that is affiliated with a cemetery to
15which a certification under this subsection paragraph applies is liable for the
16damages of any person that result from the failure of any employee specified under
17par. (b) subd. 2. b. or the cemetery authority to fully comply with sub. (2), (3) (a) or
18(b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance
19has been certified under this subsection paragraph.
SB347, s. 52 20Section 52. 440.92 (10) of the statutes is renumbered 440.928 and amended
21to read:
SB347,18,25 22440.928 Exemptions; certain nonprofit cemeteries. This section does
23Sections 440.92 to 440.927 do not apply to a cemetery authority that is not required
24to be registered under s. 440.91 (1) and that is not organized or conducted for
25pecuniary profit.
SB347, s. 53
1Section 53. 440.922 (1) (title), (2) (title), (4) (title), (5) (title), (6) (title) and (10)
2(title) of the statutes are created to read:
SB347,19,33 440.922 (1) (title) Delivery of cemetery merchandise.
SB347,19,4 4(2) (title) Affixture of cemetery merchandise.
SB347,19,5 5(4) (title) Physical alteration of cemetery merchandise.
SB347,19,6 6(5) (title) Undeveloped space sales.
SB347,19,7 7(6) (title) Interest assignments.
SB347,19,8 8(10) (title) Conflicting provisions.
SB347, s. 54 9Section 54. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are
10created to read:
SB347,19,1111 440.926 (1) (title) Reports.
SB347,19,12 12(2) (title) Records.
SB347,19,13 13(3) (title) Rules.
SB347, s. 55 14Section 55. 440.95 (4) (c) of the statutes is amended to read:
SB347,19,1615 440.95 (4) (c) Fails to file a report or files an incomplete, false or misleading
16report under s. 440.92 (6) 440.926.
SB347, s. 56 17Section 56. 440.95 (4) (d) of the statutes is amended to read:
SB347,19,1918 440.95 (4) (d) Files a false or misleading certification under s. 440.92 (9) (4)
19(am)
.
SB347, s. 57 20Section 57. 440.95 (5) of the statutes is amended to read:
SB347,19,2421 440.95 (5) Except as provided in sub. (4), any person who violates s. ss. 440.92
22to 440.927 or any rule promulgated under s. ss. 440.92 to 440.927 may be required
23to forfeit not more than $200 for each offense. Each day of continued violation
24constitutes a separate offense.
SB347, s. 58 25Section 58. 443.10 (2) (b) of the statutes is amended to read:
SB347,20,2
1443.10 (2) (b) The fees for examinations and the fees and renewal dates for
2licenses granted or renewed under this chapter are specified in ss. 440.05 and 440.08.
Note: Sections 58 and 59 eliminate redundancy in the statutes regarding license
renewal requirements for architects, landscape architects and professional engineers.
SB347, s. 59 3Section 59. 443.10 (2) (e) of the statutes is repealed.
SB347, s. 60 4Section 60. 453.06 (2) of the statutes is repealed.
Note: Sections 60 and 61 eliminate redundancy in the statutes regarding renewal
requirements for veterinarian licenses and veterinary technician certifications.
SB347, s. 61 5Section 61. 453.06 (4) of the statutes is amended to read:
SB347,20,76 453.06 (4) The renewal date and renewal fee for veterinary licenses and
7veterinary technician certifications are specified under s. 440.08 (2) (a).
SB347, s. 62 8Section 62. 455.06 of the statutes is amended to read:
SB347,20,14 9455.06 Renewals. The renewal date and renewal fee for licenses issued under
10s. 455.04 (1) and (4) are specified under s. 440.08 (2) (a). Late renewal fees are
11specified in s. 440.08 (3) (a).
An applicant for renewal of a license shall include with
12his or her application proof of completion of continuing education programs or
13courses approved under s. 455.065 (4) for the minimum number of hours required in
14the rules promulgated under s. 455.065 (1).
Note: Section 62 of this bill eliminates redundancy in the statutes regarding
license renewal requirements for psychologists.
SB347,20,1515 (End)
Loading...
Loading...