2015 Wisconsin Act 237

237,81 Section 81. 157.65 (1) (a) of the statutes is amended to read:

157.65 (1) (a) If the department of safety and professional services cemetery board has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services cemetery board may investigate.

237,82 Section 82. 157.65 (1) (b) of the statutes is amended to read:

157.65 (1) (b) If the department of safety and professional services cemetery board has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services cemetery board may investigate.

237,83 Section 83. 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 cemetery board described in s. 15.405 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

237,84 Section 84. 182.0175 (2) (c) of the statutes is created to read:

182.0175 (2) (c) Exemption for cemeteries. This subsection does not apply to any excavation in connection with the burial, as defined in s. 157.061 (1), of human remains in a cemetery, as defined in s. 157.061 (1p).

237,85 Section 85. 440.90 (3) of the statutes is amended to read:

440.90 (3) "Cemetery services and merchandise" has the meaning given in s. 157.061 (3).

237,86 Section 86. 440.90 (7) of the statutes is renumbered 440.90 (3e) and amended to read:

440.90 (3e) "Preneed sales contract" has the meaning given in s. 157.061 (12) (3g).

237,87 Section 87. 440.90 (8) of the statutes is renumbered 440.90 (3m) and amended to read:

440.90 (3m) "Preneed seller" means an individual who sells or solicits the sale of cemetery services and merchandise or an undeveloped space under a preneed sales contract or, if such an individual is employed by or acting as an agent for a cemetery authority or any other person, the cemetery authority or other person.

237,88 Section 88. 440.90 (9) of the statutes is renumbered 440.90 (3s) and amended to read:

440.90 (3s) "Preneed trust fund" has the meaning given in s. 157.061 (13) (3r).

237,89 Section 89. 440.90 (14) of the statutes is amended to read:

440.90 (14) "Wholesale cost ratio" means the actual cost to a preneed seller to supply and deliver cemetery services and merchandise or to construct an undeveloped space divided by the price paid by the purchaser, excluding sales tax, finance or interest charges, administrative fees, and insurance premiums.

237,90 Section 90. 440.91 (1) (a) of the statutes is amended to read:

440.91 (1) (a) Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has $100,000 $50,000 or more in trust fund accounts for a cemetery shall apply to the 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 $50,000 or more in trust fund accounts.

237,91 Section 91. 440.91 (1) (c) 1. of the statutes is renumbered 440.91 (1) (c) and amended to read:

440.91 (1) (c) The renewal dates for licenses granted under par. (b) are specified in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (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 trust fund accounts for a cemetery.

237,92 Section 92. 440.91 (1) (c) 2. of the statutes is repealed.

237,93 Section 93. 440.91 (1m) (a) of the statutes is amended to read:

440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that operates a cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 $50,000 in trust fund accounts for a cemetery shall register with the board. A cemetery authority that operates more than one cemetery shall submit a separate registration to the board for each cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 $50,000 in trust fund accounts.

237,95 Section 95. 440.91 (2) (d) of the statutes is amended to read:

440.91 (2) (d) Any other information which the department board may reasonably require to enable it to determine the competency of the salesperson to transact the business of a cemetery salesperson in a manner which safeguards the interest of the public.

237,96 Section 96. 440.91 (3) of the statutes is amended to read:

440.91 (3) Any cemetery salesperson may transfer to the employment of a cemetery authority, other than the cemetery authority that certified the salesperson under sub. (2), by filing a transfer form with the department board and paying the transfer fee specified in s. 440.05 (7).

237,97 Section 97. 440.91 (4) of the statutes is amended to read:

440.91 (4) Renewal applications shall be submitted to the department board on a form provided by the department board on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

237,98 Section 98. 440.91 (10) of the statutes is amended to read:

440.91 (10) Nothing in this section requires an individual who is licensed as a preneed seller under s. 440.92 (1) to be licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery services and merchandise or undeveloped spaces under preneed sales contracts.

237,99 Section 99. 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 services and 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 licensed under this subsection.

237,100 Section 100. 440.92 (1) (b) 1. of the statutes is amended to read:

440.92 (1) (b) 1. Submits an application to the department board on a form provided by the department board.

237,101 Section 101. 440.92 (1) (b) 3. of the statutes is amended to read:

440.92 (1) (b) 3. Subject to ss. 111.321, 111.322 , and 111.335, submits evidence satisfactory to the department board that the person does not have a conviction record.

237,102 Section 102. 440.92 (1) (b) 4. of the statutes is amended to read:

440.92 (1) (b) 4. Meets any other reasonable requirements established by the department board by rule to determine fitness to sell cemetery services and merchandise or an undeveloped space under a preneed sales contract. The rules may not require applicants to meet minimum education, experience, or prior employment requirements or to pass any examination.

237,103 Section 103. 440.92 (1) (c) of the statutes is amended to read:

440.92 (1) (c) Renewal applications shall be submitted to the department board on a form provided by the department board on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

237,104 Section 104. 440.92 (2) (a) (intro.) of the statutes is amended to read:

440.92 (2) (a) (intro.) A preneed sales contract for the sale of cemetery services and merchandise shall provide for the delivery of cemetery merchandise in one of the following ways:

237,105 Section 105. 440.92 (2) (d) of the statutes is amended to read:

440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of safety and professional services board for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES CEMETERY BOARD FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES CEMETERY BOARD, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES CEMETERY BOARD."

237,106 Section 106. 440.92 (3) (c) 3. of the statutes is amended to read:

440.92 (3) (c) 3. The preneed seller files with the department board a bond furnished by a surety company authorized to do business in this state or files with the department board and maintains an irrevocable letter of credit from a financial institution and the amount of the bond or letter of credit is sufficient to secure the cost to the cemetery authority of constructing the mausoleum.

237,107 Section 107. 440.92 (6) (j) of the statutes is amended to read:

440.92 (6) (j) The board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller 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 board 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.

237,108 Section 108. 440.92 (9) (title) of the statutes is amended to read:

440.92 (9) (title) Exemptions; certification of compliance of cemetery affiliated with religious society association.

237,109 Section 109. 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 association or that religious society association files an annual certification with the department board as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective.

237,110 Section 110. 440.92 (9) (b) (intro.) of the statutes is amended to read:

440.92 (9) (b) (intro.) A certification under this subsection shall be made on a form prescribed and furnished by the department board and include all of the following:

237,111 Section 111. 440.92 (9) (b) 2. of the statutes is amended to read:

440.92 (9) (b) 2. The name, address and social security number of each employee of the cemetery who sold or solicited the sale of cemetery merchandise or an undeveloped space under a preneed sales contract for the cemetery during the 12-month period immediately preceding the date on which the certification is filed with the department board.

237,112 Section 112. 440.92 (9) (b) 3. of the statutes is amended to read:

440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to act on behalf of the religious society association under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the department board, each employee specified under subd. 2. and the cemetery authority have either fully complied or have substantially complied with subs. (2), (3) (a) and (b) and (5).

237,113 Section 113. 440.92 (9) (d) of the statutes is amended to read:

440.92 (9) (d) A certification under this subsection is effective for the 12-month period immediately following the date on which the certification is filed with the department board.

237,114 Section 114. 440.92 (9) (e) of the statutes is amended to read:

440.92 (9) (e) During the effective period specified under par. (d), the department board may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the cemetery authority or any employee of the cemetery to which a certification under this subsection applies.

237,115 Section 115. 440.92 (9) (f) of the statutes is amended to read:

440.92 (9) (f) The religious society association that is affiliated with a cemetery to which a certification under this subsection applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) 2. or the cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) during the 12-month period for which such compliance has been certified under this subsection.

237,116 Section 116. 440.93 (2) of the statutes is amended to read:

440.93 (2) The department board shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

237,117 Section 117. 440.945 (5) (a) of the statutes is amended to read:

440.945 (5) (a) If the department board has reason to believe that any person is violating this section and that the continuation of that activity might cause injury to the public interest, the department board may investigate.

237,118 Section 118. 440.945 (5) (b) of the statutes is amended to read:

440.945 (5) (b) 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 section. 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 safety and professional services board to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

237,119 Section 119. 440.947 (5) of the statutes is amended to read:

440.947 (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department board upon request.

237,120 Section 120. 440.95 (3) of the statutes is amended to read:

440.95 (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $1,000 $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense.

237,121 Section 121. 440.95 (4) (intro.) of the statutes is amended to read:

440.95 (4) (intro.) Any person who intentionally does any of the following may be fined not more than $1,000 $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense:

237,122 Section 122. 440.97 of the statutes is created to read:

440.97 Injunctive relief. Notwithstanding s. 440.21, if it appears upon complaint to the board by any person, or if it is known to the board, that any person is operating a cemetery, practicing as a cemetery salesperson, or practicing as a cemetery preneed seller without a license required under this subchapter, the board, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.

237,123 Section 123. 815.18 (3) (a) of the statutes is amended to read:

815.18 (3) (a) Provisions for burial. Cemetery lots, aboveground burial facilities, burial monuments, tombstones, coffins, cremation urns, urn vaults, outer burial containers, or other articles for the burial of the dead owned by the debtor and intended for the burial of the debtor or the debtor's family.

237,124 Section 124. 895.04 (5) of the statutes is amended to read:

895.04 (5) If the personal representative brings the action, the personal representative may also recover the reasonable cost of medical expenses, funeral expenses, including the reasonable cost of a cemetery lot and care of the lot, grave marker and care of the lot or other burial monument, coffin, cremation urn, urn vault, outer burial container, or other article intended for the burial of the dead. If a relative brings the action, the relative may recover such those medical expenses, funeral expenses, including the cost of a cemetery lot, grave marker and care of the lot, on behalf of himself or herself or of any person who has paid or assumed liability for such those expenses.

237,125 Section 125. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

157.113 Permission to place cremated human remains in a cemetery. No person may deposit any cremated human remains of a corpse in any a cemetery, including in the casket of another person, without the permission of the person who owns or is in charge of the cemetery cemetery authority.

237,126 Section 126. Nonstatutory provisions.

(1) Transfer of regulation of cemeteries and cemetery authorities.