SB302,26,1511
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious
12association or a cemetery authority of a cemetery that is affiliated with a religious
13society organized under ch. 187 association, or that religious
society association, may
14file an annual certification with the
department
cemetery board as provided in this
15section.
SB302,75
16Section
75. 157.63 (2) (intro.) of the statutes is amended to read:
SB302,26,1917
157.63
(2) (intro.) A certification under this section shall be made on a form
18prescribed and furnished by the
department cemetery board and include all of the
19following:
SB302,76
20Section
76. 157.63 (2) (b) of the statutes is amended to read:
SB302,26,2521
157.63
(2) (b) A notarized statement of a person who is legally authorized to
22act on behalf of the religious
society association under this section that, during the
23reporting period under s. 157.62, each cemetery and the cemetery authority of each
24cemetery specified under par. (a) have either fully complied or have substantially
25complied with ss. 157.11 (9g)
(c) and 157.12 (3).
SB302,77
1Section
77. 157.63 (5) of the statutes is amended to read:
SB302,27,42
157.63
(5) During the effective period specified under sub. (4), the
department 3cemetery board may not audit the care funds or any records or accounts relating to
4the care funds of a cemetery to which a certification under this section applies.
SB302,78
5Section
78. 157.635 of the statutes is amended to read:
SB302,27,13
6157.635 Regulations of cemetery organized and operated by, or
7affiliated with, a religious society association. Nothing in this subchapter
8prohibits a
religious association or a cemetery authority of a cemetery that is
9affiliated with a religious
society organized under ch. 187 association from
10prohibiting the burial of the human remains of an individual in the cemetery if the
11individual was in a class of individuals who are prohibited under regulations adopted
12by the cemetery authority or religious
society association from being buried in the
13cemetery.
SB302,79
14Section
79. 157.637 of the statutes is amended to read:
SB302,27,19
15157.637 Veteran burials. A cemetery authority of a cemetery, other than a
16cemetery that is
organized and operated by, or affiliated with
, a religious
society
17organized under ch. 187 association, may not prohibit the burial
, as defined in s.
18157.061 (1), of the human remains of a person specified in s. 45.61 (2) at the cemetery
19if the cemetery authority is paid in its usual and customary manner for the burial.
SB302,80
20Section
80. 157.64 (2) (intro.) and (a) of the statutes are amended to read:
SB302,27,2421
157.64
(2) (intro.) Any person who intentionally does any of the following may
22be fined not more than
$1,000 $5,000 or imprisoned for not more than 90 days
, or
23both
, for the first offense and may be fined not more than $10,000 or imprisoned for
24not more than 9 months, or both, for each subsequent offense:
SB302,27,2525
(a) Violates s. 157.08 (2) (b), 157.11 (9g)
, or 157.12 (2) (b), (c)
, or (d)
or (4) (b).
SB302,81
1Section
81. 157.65 (1) (a) of the statutes is amended to read:
SB302,28,62
157.65
(1) (a) If the
department of safety and professional services cemetery
3board has reason to believe that any person is violating or has violated this
4subchapter or any rule promulgated under this subchapter and that the continuation
5of that activity might cause injury to the public interest, the
department of safety and
6professional services cemetery board may investigate.
SB302,82
7Section
82. 157.65 (1) (b) of the statutes is amended to read:
SB302,28,128
157.65
(1) (b) If the
department of safety and professional services cemetery
9board has reason to believe that any person is violating s. 157.12 or any rule
10promulgated under s. 157.12 and that the continuation of that activity might cause
11injury to the public interest, the
department of safety and professional services 12cemetery board may investigate.
SB302,83
13Section
83. 157.65 (2) of the statutes is amended to read:
SB302,28,2414
157.65
(2) The department of justice or any district attorney, upon informing
15the department of justice, may commence an action in circuit court in the name of
16the state to restrain by temporary or permanent injunction any violation of this
17subchapter. 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
cemetery 22board
described in s. 15.405 (3m) or the department of safety and professional
23services to exercise its authority under sub. (1) to aid in the investigation of alleged
24violations of this subchapter.
SB302,84
25Section
84. 182.0175 (2) (c) of the statutes is created to read:
SB302,29,3
1182.0175
(2) (c)
Exemption for cemeteries. This subsection does not apply to any
2excavation in connection with the burial, as defined in s. 157.061 (1), of human
3remains in a cemetery, as defined in s. 157.061 (1p).
SB302,85
4Section
85. 440.90 (3) of the statutes is amended to read:
SB302,29,65
440.90
(3) "Cemetery
services and merchandise" has the meaning given in s.
6157.061 (3).
SB302,86
7Section
86. 440.90 (7) of the statutes is renumbered 440.90 (3e) and amended
8to read:
SB302,29,109
440.90
(3e) "Preneed sales contract" has the meaning given in s. 157.061
(12) 10(3g).
SB302,87
11Section
87. 440.90 (8) of the statutes is renumbered 440.90 (3m) and amended
12to read:
SB302,29,1613
440.90
(3m) "Preneed seller" means an individual who sells or solicits the sale
14of cemetery
services and merchandise or an undeveloped space under a preneed sales
15contract or, if such an individual is employed by or acting as an agent for a cemetery
16authority or any other person, the cemetery authority or other person.
SB302,88
17Section
88. 440.90 (9) of the statutes is renumbered 440.90 (3s) and amended
18to read:
SB302,29,1919
440.90
(3s) "Preneed trust fund" has the meaning given in s. 157.061
(13) (3r).
SB302,89
20Section
89. 440.90 (14) of the statutes is amended to read:
SB302,29,2421
440.90
(14) "Wholesale cost ratio" means the actual cost to a preneed seller to
22supply and deliver cemetery
services and merchandise or to construct an
23undeveloped space divided by the price paid by the purchaser, excluding sales tax,
24finance or interest charges
, administrative fees, and insurance premiums.
SB302,90
25Section
90. 440.91 (1) (a) of the statutes is amended to read:
SB302,30,9
1440.91
(1) (a) Any cemetery authority that operates a cemetery that
is 5 has
23 acres or more
in size, that sells 20 or more cemetery lots or mausoleum spaces at
3a cemetery during a calendar year, of dedicated cemetery land or that has
$100,000 4$50,000 or more in trust fund accounts for a cemetery shall apply to the board for a
5license for that cemetery. A cemetery authority that operates more than one
6cemetery shall apply for a separate license for each cemetery that
is 5 has 3 acres
7or more
in size and for each cemetery at which it sells 20 or more burial spaces of
8dedicated cemetery land or
at which it that has
$100,000 $50,000 or more in trust
9fund accounts.
SB302,91
10Section
91. 440.91 (1) (c) 1. of the statutes is renumbered 440.91 (1) (c) and
11amended to read:
SB302,30,1712
440.91
(1) (c) The renewal dates for licenses granted under par. (b) are specified
13in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the
14department under s. 440.03 (9) (a)
, except that a licensed cemetery authority is not
15required to renew its license if the cemetery authority sells less than 20 cemetery lots
16or mausoleum spaces at a cemetery during a calendar year, or that has less than
17$100,000 in trust fund accounts for a cemetery.
SB302,92
18Section
92. 440.91 (1) (c) 2. of the statutes is repealed.
SB302,93
19Section
93. 440.91 (1m) (a) of the statutes is amended to read:
SB302,31,320
440.91
(1m) (a) Except as provided in sub. (6m), any cemetery authority that
21operates a cemetery that
is has less than
5 3 acres
in size, that sells fewer than 20
22cemetery lots or mausoleum spaces at a cemetery during a calendar year, of dedicated
23cemetery land or that has less than
$100,000
$50,000 in trust fund accounts for a
24cemetery shall register with the board. A cemetery authority that operates more
25than one cemetery shall submit a separate registration to the board for each
1cemetery that
is has less than
5 3 acres
in size, that sells fewer than 20 cemetery
2lots or mausoleum spaces at a cemetery during a calendar year,
of dedicated cemetery
3land or that has less than
$100,000 $50,000 in trust fund accounts.
SB302,94
4Section
94. 440.91 (2) (intro.) of the statutes is amended to read:
SB302,31,145
440.91
(2) (intro.) Except as provided in sub. (10), every individual who sells
6or solicits the sale of, or that expects to sell or solicit the sale of,
20 or more a cemetery
7lots lot or mausoleum
spaces per year during 2 consecutive calendar years space shall
8be licensed by the board. An individual may not be licensed as a cemetery
9salesperson except upon the written request of a cemetery authority and the
10payment of the initial credential fee determined by the department under s. 440.03
11(9) (a). The cemetery authority shall certify in writing to the board that the
12individual is competent to act as a cemetery salesperson. An applicant for licensure
13as a cemetery salesperson shall furnish to the board, in such form as the board
14prescribes, all of the following information:
SB302,95
15Section
95. 440.91 (2) (d) of the statutes is amended to read:
SB302,31,1916
440.91
(2) (d) Any other information which the
department board may
17reasonably require to enable it to determine the competency of the salesperson to
18transact the business of a cemetery salesperson in a manner which safeguards the
19interest of the public.
SB302,96
20Section
96. 440.91 (3) of the statutes is amended to read:
SB302,31,2421
440.91
(3) Any cemetery salesperson may transfer to the employment of a
22cemetery authority, other than the cemetery authority that certified the salesperson
23under sub. (2), by filing a transfer form with the
department board and paying the
24transfer fee specified in s. 440.05 (7).
SB302,97
25Section
97. 440.91 (4) of the statutes is amended to read:
SB302,32,4
1440.91
(4) Renewal applications shall be submitted to the
department board 2on a form provided by the
department board on or before the applicable renewal date
3specified under s. 440.08 (2) (a) and shall include the applicable renewal fee
4determined by the department under s. 440.03 (9) (a).
SB302,98
5Section
98. 440.91 (10) of the statutes is amended to read:
SB302,32,96
440.91
(10) Nothing in this section requires an individual who is licensed as
7a preneed seller under s. 440.92 (1) to be licensed as a cemetery salesperson under
8sub. (2) if the individual only sells or solicits the sale of cemetery
services and 9merchandise or undeveloped spaces under preneed sales contracts.
SB302,99
10Section
99. 440.92 (1) (a) of the statutes is amended to read:
SB302,32,1511
440.92
(1) (a) Except as provided in subs. (4), (9) (a)
, and (10), every individual
12who sells or solicits the sale of cemetery
services and merchandise or an undeveloped
13space under a preneed sales contract and, if the individual is employed by or acting
14as an agent for a cemetery authority or any other person, that cemetery authority or
15other person is also required to be licensed under this subsection.
SB302,100
16Section
100. 440.92 (1) (b) 1. of the statutes is amended to read:
SB302,32,1817
440.92
(1) (b) 1. Submits an application to the
department board on a form
18provided by the
department board.
SB302,101
19Section
101. 440.92 (1) (b) 3. of the statutes is amended to read:
SB302,32,2220
440.92
(1) (b) 3. Subject to ss. 111.321, 111.322
, and 111.335, submits evidence
21satisfactory to the
department board that the person does not have a conviction
22record.
SB302,102
23Section
102. 440.92 (1) (b) 4. of the statutes is amended to read:
SB302,33,324
440.92
(1) (b) 4. Meets any other reasonable requirements established by the
25department board by rule to determine fitness to sell cemetery
services and
1merchandise or an undeveloped space under a preneed sales contract. The rules may
2not require applicants to meet minimum education, experience
, or prior employment
3requirements or to pass any examination.
SB302,103
4Section
103. 440.92 (1) (c) of the statutes is amended to read:
SB302,33,85
440.92
(1) (c) Renewal applications shall be submitted to the
department board 6on a form provided by the
department board on or before the applicable renewal date
7specified under s. 440.08 (2) (a) and shall include the applicable renewal fee
8determined by the department under s. 440.03 (9) (a).
SB302,104
9Section
104. 440.92 (2) (a) (intro.) of the statutes is amended to read:
SB302,33,1210
440.92
(2) (a) (intro.) A preneed sales contract for the sale of cemetery
services
11and merchandise shall provide for the delivery of cemetery merchandise in one of the
12following ways:
SB302,105
13Section
105. 440.92 (2) (d) of the statutes is amended to read:
SB302,34,214
440.92
(2) (d) A preneed seller may not sell any undeveloped space unless the
15plans for the construction of the mausoleum have been submitted to the
department
16of safety and professional services board for approval under s. 157.12 (2) (a) and the
17preneed sales contract includes the following language in not less than 10-point
18boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE
19HAVE BEEN SUBMITTED TO THE
DEPARTMENT OF SAFETY AND
20PROFESSIONAL SERVICES CEMETERY BOARD FOR APPROVAL. THE
21SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN
22APPROVAL OF THE PLANS BY THE
DEPARTMENT OF SAFETY AND
23PROFESSIONAL SERVICES CEMETERY BOARD, COMPLETE THE
24CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION
1BY THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES 2CEMETERY BOARD."
SB302,106
3Section
106. 440.92 (3) (c) 3. of the statutes is amended to read:
SB302,34,84
440.92
(3) (c) 3. The preneed seller files with the
department board a bond
5furnished by a surety company authorized to do business in this state or files with
6the
department board and maintains an irrevocable letter of credit from a financial
7institution and the amount of the bond or letter of credit is sufficient to secure the
8cost to the cemetery authority of constructing the mausoleum.
SB302,107
9Section
107. 440.92 (6) (j) of the statutes is amended to read:
SB302,34,1610
440.92
(6) (j) The board may audit, at reasonable times and frequency, the
11records, trust funds and accounts of any preneed seller licensed under sub. (1),
12including records, trust funds and accounts pertaining to services provided by a
13preneed seller which are not otherwise subject to the requirements under this
14section. The
department board may conduct audits under this paragraph on a
15random basis, and shall conduct all audits under this paragraph without providing
16prior notice to the preneed seller.
SB302,108
17Section
108. 440.92 (9) (title) of the statutes is amended to read:
SB302,34,1918
440.92
(9) (title)
Exemptions; certification of compliance of cemetery
19affiliated with religious society association.
SB302,109
20Section
109. 440.92 (9) (a) of the statutes is amended to read:
SB302,35,221
440.92
(9) (a) If the cemetery authority of a cemetery that is affiliated with a
22religious
society organized under ch. 187 association or that religious
society 23association files an annual certification with the
department board as provided in
24this subsection, neither the cemetery authority nor any employee of the cemetery is
1required to be licensed as a cemetery preneed seller under sub. (1) during the period
2for which the certification is effective.
SB302,110
3Section
110. 440.92 (9) (b) (intro.) of the statutes is amended to read:
SB302,35,64
440.92
(9) (b) (intro.) A certification under this subsection shall be made on a
5form prescribed and furnished by the
department board and include all of the
6following:
SB302,111
7Section
111. 440.92 (9) (b) 2. of the statutes is amended to read:
SB302,35,128
440.92
(9) (b) 2. The name, address and social security number of each
9employee of the cemetery who sold or solicited the sale of cemetery merchandise or
10an undeveloped space under a preneed sales contract for the cemetery during the
1112-month period immediately preceding the date on which the certification is filed
12with the
department board.
SB302,112
13Section
112. 440.92 (9) (b) 3. of the statutes is amended to read:
SB302,35,1914
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).
SB302,113
20Section
113. 440.92 (9) (d) of the statutes is amended to read:
SB302,35,2321
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.
SB302,114
24Section
114. 440.92 (9) (e) of the statutes is amended to read:
SB302,36,4
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.
SB302,115
5Section
115. 440.92 (9) (f) of the statutes is amended to read:
SB302,36,106
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.
SB302,116
11Section
116. 440.93 (2) of the statutes is amended to read:
SB302,36,1412
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).
SB302,117
15Section
117. 440.945 (5) (a) of the statutes is amended to read:
SB302,36,1816
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.
SB302,118
19Section
118. 440.945 (5) (b) of the statutes is amended to read:
SB302,37,420
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.