"SECTION 55m. 15.405 (3m) of the statutes is created to read:
15.405 (3m) CEMETERY BOARD. (a) In this subsection:
1. "Business representative" has the meaning given in s. 452.01 (3k).
2. "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).
(b) There is created in the department of regulation and licensing a cemetery board consisting of the following members, who shall serve 4-year terms:
1. Four members, each of whom is a business representative of a licensed cemetery authority.
2. Two public members.
(c) No member of the cemetery board may be a business representative of a religious cemetery authority, unless the religious cemetery is regulated by the board.
(d) No member of the cemetery board may serve more than 2 terms.".
5.
Page 969, line 7: after that line insert:
"SECTION 2081na. 157.061 (2g) of the statutes is created to read:
157.061 (2g) "Cemetery board" means the board created in s. 15.405 (3m).
SECTION 2081nb. 157.08 (2) (b) of the statutes is amended to read:
157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the department cemetery board in writing of the proposed sale or encumbrance. If within 60 days after the department cemetery board is notified of the proposed sale or encumbrance the department cemetery board notifies the cemetery authority in writing that the department cemetery board objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the department cemetery board subsequently notifies the cemetery authority in writing that the objection is withdrawn. The department cemetery board may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The department cemetery board may, before the expiration of the 60-day period, notify the cemetery authority in writing that the department cemetery board approves of the sale or encumbrance. Upon receipt of the department's cemetery board's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The department cemetery board shall make every effort to make determinations under this paragraph in an expeditious manner.
SECTION 2081nc. 157.08 (5) of the statutes is amended to read:
157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society organized under ch. 187, and sub. (2) (b) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2081nd. 157.11 (11) of the statutes is amended to read:
157.11 (11) EXEMPTION FOR CERTAIN NONPROFIT CEMETERIES. Subsection (9g) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2081ne. 157.128 (3) (b) of the statutes is amended to read:
157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2081ng. 157.19 (5) (a) of the statutes is amended to read:
157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2081ni. 157.625 (3) of the statutes is amended to read:
157.625 (3) Section 157.62 does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2081s. 157.65 (2) of the statutes is amended to read:
157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing board described in s. 15.405 (3m) or the department of commerce to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.".
6.
Page 1022, line 6: delete lines 6 to 8 and substitute:
"SECTION 2303k. 440.08 (2) (a) 21. of the statutes is amended to read:
440.08 (2) (a) 21. Cemetery authority, licensed: January 1 December 15 of each odd-numbered even-numbered year; $343, plus an amount to be determined by rule by the cemetery board.".
7.
Page 1026, line 12: after that line insert:
"SECTION 2337b. 440.90 (1) of the statutes is renumbered 440.90 (1c).
SECTION 2337c. 440.90 (1b) of the statutes is created to read:
440.90 (1b) "Board" means the cemetery board.
SECTION 2337d. 440.90 (4m) of the statutes is created to read:
440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).
SECTION 2337e. 440.90 (4r) of the statutes is created to read:
440.90 (4r) "Licensee" means a person licensed under this subchapter.
SECTION 2337g. 440.905 of the statutes is created to read:
440.905 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing on matters relating to cemeteries, to this chapter, or to the board.
(2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers.
SECTION 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:
440.91 (1) (a) Except as provided in sub. (6m), every Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells or solicits the sale of a total of 10 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with, or that has $100,000 or more in preneed trust fund accounts for a cemetery shall apply to the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority board for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery at which it sells 20 or more burial spaces or at which it has $100,000 or more in preneed trust fund accounts.
SECTION 2337i. 440.91 (1) (b) and (c) of the statutes are created to read:
440.91 (1) (b) The board shall grant a license to a cemetery authority if all of the following are satisfied:
1. The cemetery authority submits an application for the license to the board on a form provided by the board. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.
2. The cemetery authority pays the fee specified in s. 440.05 (1).
(c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.
2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.
SECTION 2337k. 440.91 (2) (intro.) of the statutes is amended to read:
440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual who person that sells or solicits the sale of, or who that expects to sell or solicit the sale of, a total of 10 20 or more cemetery lots or mausoleum spaces per year during a 2 consecutive calendar year years shall register with be licensed by the department. An individual board. A person may not be registered licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department board that the individual person is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and An applicant for licensure as a cemetery salesperson shall furnish to the department board, in such form as the department board prescribes, all of the following information:
SECTION 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:
440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.
SECTION 2337m. 440.91 (6m) of the statutes is amended to read:
440.91 (6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (1).
SECTION 2337n. 440.91 (7) of the statutes is amended to read:
440.91 (7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (2).
SECTION 2337p. 440.91 (9) of the statutes is amended to read:
440.91 (9) No cemetery authority or cemetery salesperson registered licensed under sub. (1) or (2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space to any person who is not registered licensed under sub. (1) or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots, cemetery merchandise or mausoleum burial spaces in another state or territory of the United States or a foreign country.
SECTION 2337q. 440.91 (10) of the statutes is amended to read:
440.91 (10) Nothing in this section requires an individual who is registered licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.
SECTION 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to read:
440.92 (1) (title) LICENSURE.
SECTION 2337s. 440.92 (1) (a) of the statutes is amended to read:
440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered licensed under this subsection.
SECTION 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:
440.92 (1) (b) (intro.) The department board shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:
SECTION 2337u. 440.92 (1) (bm) of the statutes is created to read:
440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the board does not object to the action under s. 157.08 (2) (b) 3., the board shall revoke the license and require the cemetery authority to reapply for a license under this subsection.
SECTION 2337v. 440.92 (1) (e) of the statutes is amended to read:
440.92 (1) (e) Nothing in this subsection requires an individual who is registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.
SECTION 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to read:
440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:
(b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.
SECTION 2337wf. 440.92 (6) (a), (i) and (j) of the statutes are amended to read:
440.92 (6) (a) Every preneed seller registered licensed under sub. (1) shall file an annual report with the department board. The report shall be made on a form prescribed and furnished by the department board. The report shall be made on a calendar-year basis unless the department board, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.
(i) The department may promulgate rules requiring preneed sellers registered licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.
(j) The department may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller registered licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section. The department may conduct audits under this paragraph on a random basis, and shall conduct all audits under this paragraph without providing prior notice to the preneed seller.
SECTION 2337wh. 440.92 (9) (a) of the statutes is amended to read:
440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society files an annual certification with the department as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.
SECTION 2337wj. 440.92 (10) of the statutes is amended to read:
440.92 (10) EXEMPTIONS; CERTAIN NONPROFIT CEMETERIES. This section does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.
SECTION 2337y. 440.93 (1) (intro.) of the statutes is amended to read:
440.93 (1) (intro.) The department board may reprimand a registrant licensee or deny, limit, suspend, or revoke a certificate of licensure of a cemetery authority, cemetery salesperson, or preneed seller if it finds that the applicant or registrant licensee, or, if the applicant or registrant, licensee is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds, or has the power to vote 5% or more of any class of security issued by the applicant or registrant licensee, has done any of the following:
SECTION 2337z. 440.95 (1) of the statutes is amended to read:
440.95 (1) Any cemetery authority that is required to register be licensed under s. 440.91 (1) and that knowingly fails to register be licensed may be fined not more than $100.".
8.
Page 1088, line 19: after that line insert:
"(1m) INITIAL APPOINTMENTS; CEMETERY BOARD. Notwithstanding section 15.405 (3m) of the statutes, as created by this act, the initial term of 2 of the initial members of the cemetery board shall be one year, the initial term of 2 of the initial members shall be 2 years, and the initial term of 2 of the initial members shall be 3 years.
(1p) RULES AND ORDERS; CEMETERY BOARD. All rules promulgated, and all orders issued, by the department of regulation and licensing relating to cemeteries that are in effect on the effective date of this subsection shall become rules of the cemetery board and shall remain in effect until their specified expiration dates or until amended, repealed, or rescinded by the cemetery board.".
(End)
