AB410,35,1914
440.92
(9) (b) 3. A notarized statement of a person who is legally authorized to
15act on behalf of the religious
society association under this subsection that, during
16the 12-month period immediately preceding the date on which the certification is
17filed with the
department board, each employee specified under subd. 2. and the
18cemetery authority have either fully complied or have substantially complied with
19subs. (2), (3) (a) and (b) and (5).
AB410,113
20Section
113. 440.92 (9) (d) of the statutes is amended to read:
AB410,35,2321
440.92
(9) (d) A certification under this subsection is effective for the 12-month
22period immediately following the date on which the certification is filed with the
23department board.
AB410,114
24Section
114. 440.92 (9) (e) of the statutes is amended to read:
AB410,36,4
1440.92
(9) (e) During the effective period specified under par. (d), the
2department board may not audit the preneed trust funds or any records or accounts
3relating to the preneed trust funds of the cemetery authority or any employee of the
4cemetery to which a certification under this subsection applies.
AB410,115
5Section
115. 440.92 (9) (f) of the statutes is amended to read:
AB410,36,106
440.92
(9) (f) The religious
society
association that is affiliated with a cemetery
7to which a certification under this subsection applies is liable for the damages of any
8person that result from the failure of any employee specified under par. (b) 2. or the
9cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) during the
1012-month period for which such compliance has been certified under this subsection.
AB410,116
11Section
116. 440.93 (2) of the statutes is amended to read:
AB410,36,1412
440.93
(2) The
department board shall determine in each case the period that
13a limitation, suspension or revocation of a certificate is effective. This subsection
14does not apply to a limitation or suspension under s. 440.13 (2) (a).
AB410,117
15Section
117. 440.945 (5) (a) of the statutes is amended to read:
AB410,36,1816
440.945
(5) (a) If the
department
board has reason to believe that any person
17is violating this section and that the continuation of that activity might cause injury
18to the public interest, the
department board may investigate.
AB410,118
19Section
118. 440.945 (5) (b) of the statutes is amended to read:
AB410,37,420
440.945
(5) (b) The department of justice or any district attorney, upon
21informing the department of justice, may commence an action in circuit court in the
22name of the state to restrain by temporary or permanent injunction any violation of
23this section. The court may, prior to entry of final judgment, make such orders or
24judgments as may be necessary to restore to any person any pecuniary loss suffered
25because of the acts or practices involved in the action, if proof of such loss is submitted
1to the satisfaction of the court. The department of justice may subpoena persons and
2require the production of books and other documents, and may request the
3department of safety and professional services board to exercise its authority under
4par. (a) to aid in the investigation of alleged violations of this section.
AB410,119
5Section
119. 440.947 (5) of the statutes is amended to read:
AB410,37,126
440.947
(5) A person who sells a casket, outer burial container or cemetery
7merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least
8one year after the date of its last distribution to a prospective buyer and shall retain
9a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one
10year after completion of a sale. A person required to retain a copy under this
11subsection shall make the copy available for inspection by the
department board 12upon request.
AB410,120
13Section
120. 440.95 (3) of the statutes is amended to read:
AB410,37,1814
440.95
(3) Except as provided in subs. (1) and (2), any person who violates s.
15440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more
16than
$1,000 $5,000 or imprisoned for not more than 6 months
, or both
, for the first
17offense and may be fined not more than $10,000 or imprisoned for not more than 9
18months, or both, for each subsequent offense.
AB410,121
19Section
121. 440.95 (4) (intro.) of the statutes is amended to read:
AB410,37,2320
440.95
(4) (intro.) Any person who intentionally does any of the following may
21be fined not more than
$1,000 $5,000 or imprisoned for not more than 90 days
, or
22both
, for the first offense and may be fined not more than $10,000 or imprisoned for
23not more than 9 months, or both, for each subsequent offense:
AB410,122
24Section
122. 440.97 of the statutes is created to read:
AB410,38,7
1440.97 Injunctive relief. Notwithstanding s. 440.21, if it appears upon
2complaint to the board by any person, or if it is known to the board, that any person
3is operating a cemetery, practicing as a cemetery salesperson, or practicing as a
4cemetery preneed seller without a license required under this subchapter, the board,
5the attorney general, or the district attorney of the proper county may investigate
6and may, in addition to any other remedies, bring an action in the name and on behalf
7of the state against the person to enjoin the person from such practice.
AB410,123
8Section
123. 815.18 (3) (a) of the statutes is amended to read:
AB410,38,129
815.18
(3) (a)
Provisions for burial. Cemetery lots, aboveground burial
10facilities, burial monuments, tombstones, coffins
, cremation urns, urn vaults, outer
11burial containers, or other articles for the burial of the dead owned by the debtor and
12intended for the burial of the debtor or the debtor's family.
AB410,124
13Section
124. 895.04 (5) of the statutes is amended to read:
AB410,38,2214
895.04
(5) If the personal representative brings the action, the personal
15representative may also recover the reasonable cost of medical expenses, funeral
16expenses, including the reasonable cost of a cemetery lot
and care of the lot, grave
17marker
and care of the lot or other burial monument, coffin, cremation urn, urn
18vault, outer burial container, or other article intended for the burial of the dead. If
19a relative brings the action, the relative may recover
such those medical expenses
,
20funeral expenses, including the cost of a cemetery lot, grave marker and care of the
21lot, on behalf of himself or herself or of any person who has paid or assumed liability
22for
such those expenses.
AB410,125
23Section
125. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended
24to read:
AB410,39,4
1157.113 Permission to place cremated human remains in a cemetery. 2No person may deposit any cremated
human remains
of a corpse in
any a cemetery
,
3including in the casket of another person, without the permission of the
person who
4owns or is in charge of the cemetery cemetery authority.
AB410,126
5Section
126.
Nonstatutory provisions.
AB410,39,6
6(1)
Transfer of regulation of cemeteries and cemetery authorities.
AB410,39,14
7(a)
Tangible personal property. On the effective date of this paragraph, all
8tangible personal property, including records, of the department of safety and
9professional services and the department of financial institutions that is primarily
10related to the regulation of cemeteries, cemetery authorities, and cemetery preneed
11sellers, sales contracts, and trust funds under subchapter II of chapter 157, 2013
12stats., and subchapter IX of chapter 440, 2013 stats., as determined by the secretary
13of safety and professional services and the secretary of financial institutions, as
14appropriate, is transferred to the cemetery board.
AB410,39,24
15(b)
Contracts. All contracts entered into by the department of safety and
16professional services and the department of financial institutions in effect on the
17effective date of this paragraph that are primarily related to the regulation of
18cemeteries, cemetery authorities, and cemetery preneed sellers, sales contracts, and
19trust funds under subchapter II of chapter 157, 2013 stats., and subchapter IX of
20chapter 440, 2013 stats., as determined by the secretary of safety and professional
21services and the secretary of financial institutions, as appropriate, remain in effect
22and are transferred to the cemetery board. The cemetery board shall carry out any
23obligations under such a contract until the contract is modified or rescinded by the
24cemetery board to the extent allowed under the contract.
AB410,40,16
1(c)
Rules and orders. All rules promulgated by the department of safety and
2professional services and the department of financial institutions that relate to the
3regulation of cemeteries, cemetery authorities, and cemetery preneed sellers, sales
4contracts, and trust funds under subchapter II of chapter 157, 2013 stats., and
5subchapter IX of chapter 440, 2013 stats., as determined by the secretary of safety
6and professional services and the secretary of financial institutions, as appropriate,
7that are in effect on the effective date of this paragraph, remain in effect until their
8specified expiration dates or until amended or repealed by the cemetery board. All
9orders issued by the department of safety and professional services and the
10department of financial institutions relating to the regulation of cemeteries,
11cemetery authorities, and cemetery preneed sellers, sales contracts, and trust funds
12under subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440,
132013 stats., as determined by the secretary of safety and professional services and
14the secretary of financial institutions, as appropriate, that are in effect on the
15effective date of this paragraph remain in effect until their specified expiration dates
16or until modified or rescinded by the cemetery board.
AB410,41,217
(d)
Pending matters. Any matter pending with the department of safety and
18professional services or the department of financial institutions on the effective date
19of this paragraph that is primarily related to the regulation of cemeteries, cemetery
20authorities, and cemetery preneed sellers, sales contracts, and trust funds under
21subchapter II of chapter 157, 2013 stats., and subchapter IX of chapter 440, 2013
22stats., as determined by the secretary of safety and professional services or the
23secretary of financial institutions, as appropriate, is transferred to the cemetery
24board, and all materials submitted to and actions taken by the department of safety
25and professional services or the department of financial institutions, as appropriate,
1with respect to the pending matter are considered as having been submitted to or
2taken by the cemetery board.
AB410,41,73
(2)
Return of care funds. Within 180 days after the effective date of this
4subsection, each county, city, village, or town holding care funds under section 157.11
5(9g) (a), 2013 stats., shall pay those care funds to the appropriate cemetery authority.
6The cemetery authority shall invest those care funds under sections 157.11 (9g) (a)
7and 157.19 of the statutes, as affected by this act.
AB410,127
8Section
127.
Initial applicability.
AB410,41,109
(1) The treatment of section 440.92 (2) (d) of the statutes first applies to a
10preneed sales contract entered into on the effective date of this subsection.
AB410,41,1312
(1) This act takes effect on the first day of the 4th month beginning after
13publication.