16,3581
Section 3581. 440.08 (2) (a) 67m. of the statutes is amended to read:
440.08 (2) (a) 67m. Registered interior designer: August 1 of each even-numbered year; $47 $56.
16,3582
Section 3582. 440.08 (2) (a) 67q. of the statutes is amended to read:
440.08 (2) (a) 67q. Registered massage therapist or bodyworker: March 1 of each odd-numbered year; $44 $53.
16,3583
Section 3583. 440.08 (2) (a) 67v. of the statutes is amended to read:
440.08 (2) (a) 67v. Registered music, art or dance therapist: October 1 of each odd-numbered year; $44 $53.
16,3584
Section 3584. 440.08 (2) (a) 68. of the statutes is amended to read:
440.08 (2) (a) 68. Respiratory care practitioner: November 1 of each odd-numbered year; $50 $65.
16,3585
Section 3585. 440.08 (2) (a) 68d. of the statutes is amended to read:
440.08 (2) (a) 68d. Social worker: July 1 of each odd-numbered year; $54 $63.
16,3586
Section 3586. 440.08 (2) (a) 68h. of the statutes is amended to read:
440.08 (2) (a) 68h. Social worker, advanced practice: July 1 of each odd-numbered year; $53 $70.
16,3587
Section 3587. 440.08 (2) (a) 68p. of the statutes is amended to read:
440.08 (2) (a) 68p. Social worker, independent: July 1 of each odd-numbered year; $55 $58.
16,3588
Section 3588. 440.08 (2) (a) 68t. of the statutes is amended to read:
440.08 (2) (a) 68t. Social worker, independent clinical: July 1 of each odd-numbered year; $69 $73.
16,3589
Section 3589. 440.08 (2) (a) 68v. of the statutes is amended to read:
440.08 (2) (a) 68v. Speech-language pathologist: February 1 of each odd-numbered year; $53 $63.
16,3590
Section 3590. 440.08 (2) (a) 69. of the statutes is amended to read:
440.08 (2) (a) 69. Time-share salesperson: January 1 of each odd-numbered year; $103 $119.
16,3591
Section 3591. 440.08 (2) (a) 70. of the statutes is amended to read:
440.08 (2) (a) 70. Veterinarian: January 1 of each even-numbered year; $95 $105.
16,3592
Section 3592. 440.08 (2) (a) 71. of the statutes is amended to read:
440.08 (2) (a) 71. Veterinary technician: January 1 of each even-numbered year; $48 $58.
16,3605gb
Section 3605gb. 440.90 (1) of the statutes is renumbered 440.90 (1d).
16,3605gf
Section 3605gf. 440.90 (1c) of the statutes is created to read:
440.90 (1c) "Burial space" has the meaning given in s. 157.061 (1d).
16,3605gL
Section 3605gL. 440.90 (3g) of the statutes is created to read:
440.90 (3g) "Columbarium" has the meaning given in s. 157.061 (3g).
16,3605gn
Section 3605gn. 440.90 (3r) of the statutes is created to read:
440.90 (3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
16,3605gp
Section 3605gp. 440.90 (4e) of the statutes is created to read:
440.90 (4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
16,3605gx
Section 3605gx. 440.90 (10r) of the statutes is created to read:
440.90 (10r) "Religious cemetery authority" has the meaning given in s. 157.061 (15m).
16,3605ic
Section 3605ic. 440.91 (1) of the statutes is amended to read:
440.91 (1) Except as provided in sub. (6m), every cemetery authority that sells or solicits the sale of a total of 10 or more cemetery lots or mausoleum burial spaces 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 burial spaces shall register with the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority.
16,3605ih
Section 3605ih. 440.91 (2) (intro.) of the statutes is amended to read:
440.91 (2) (intro.) Except as provided in subs. (7) and (10), every individual who sells or solicits the sale of, or who expects to sell or solicit the sale of, a total of 10 or more cemetery lots or mausoleum burial spaces during a calendar year shall register with the department. An individual may not be registered 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 that the individual is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and furnish to the department, in such form as the department prescribes, all of the following information:
16,3605in
Section 3605in. 440.91 (6m) of the statutes is repealed and recreated to read:
440.91 (6m) The registration requirement under sub. (1) does not apply to any of the following:
1. A religious cemetery authority.
2. A town, village, or city or fraternal or benevolent society that does not operate a cemetery in a county with a population that is greater than 600,000.
16,3605iq
Section 3605iq. 440.91 (7) of the statutes is renumbered 440.91 (7) (intro.) and amended to read:
440.91 (7) (intro.) An individual who solicits the sale of cemetery lots or mausoleum burial spaces in a cemetery organized, maintained, and operated by a any of the following is not required to be registered under sub. (2):
(b) A town, village, or city, church, synagogue or mosque, religious, or fraternal or benevolent society or incorporated college of a religious order is not required to be registered under sub. (2), if the cemetery is not in a county with a population that is greater than 600,000.
16,3605is
Section 3605is. 440.91 (7) (a) of the statutes is created to read:
440.91 (7) (a) A religious cemetery authority.
16,3605iv
Section 3605iv. 440.91 (9) of the statutes is amended to read:
440.91 (9) No cemetery authority or cemetery salesperson registered 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 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.
16,3605kd
Section 3605kd. 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 is required to be registered under this subsection and, if applicable, comply with the requirements under s. 445.125. If such an 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 under this subsection.
16,3605kL
Section 3605kL. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
16,3605km
Section 3605km. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and 440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
440.922 (1) (a) 2. By affixing the cemetery merchandise to the cemetery lot or mausoleum burial space.
3. By storing the cemetery merchandise in a warehouse that is located on the property of the preneed seller if the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to the cemetery lot or mausoleum burial space without additional charge.
3g. By storing the cemetery merchandise anywhere on the property of the preneed seller if the property of the preneed seller is located in this state, the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot burial space, to the outside of or the grounds surrounding a mausoleum or columbarium or to any other outdoor location without additional charge.
4. (intro.) By having the cemetery merchandise stored in a warehouse that is not located on the property of the preneed seller if the warehouse has agreed to ship the cemetery merchandise to the preneed seller, purchaser, or beneficiary named in the preneed sales contract without additional charge to the purchaser and the preneed sales contract requires that the cemetery merchandise ultimately be affixed to the cemetery lot or mausoleum burial space without additional charge. If the cemetery merchandise is delivered under this subdivision, all of the following apply:
16,3605kn
Section 3605kn. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and amended to read:
440.922 (2) Affixture of cemetery merchandise. If a preneed sales contract for the sale of cemetery merchandise requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, mausoleum burial space or other location but the purchaser has not informed the preneed seller of the location where the cemetery merchandise is to be affixed and the location where the cemetery merchandise is to be affixed is not specified in the preneed sales contract, the preneed sales contract may provide that the preneed seller may charge the purchaser an additional fee at the time that the cemetery merchandise is affixed not to exceed the additional costs to the preneed seller that are necessitated by the purchaser's choice of location.
16,3605kp
Section 3605kp. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
16,3605kr
Section 3605kr. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and amended to read:
440.922 (3) Voiding of contracts. Except as provided in par. (cm) sub. (4), a preneed sales contract shall provide that if the purchaser voids the preneed sales contract at any time within 10 days after the date of the initial payment the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser for cemetery merchandise that has not been supplied or delivered and for the mausoleum space.
16,3605kt
Section 3605kt. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
16,3605kv
Section 3605kv. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
16,3605kx
Section 3605kx. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).
16,3605kz
Section 3605kz. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and amended to read:
440.922 (5) (c) If a preneed sales contract is voided under par. (e) (b), the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04.
16,3605mb
Section 3605mb. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922 (6) and (10).
16,3605md
Section 3605md. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and amended to read:
440.922 (7) Trusting requirements. If a preneed sales contract includes provisions for the sale of cemetery merchandise or an undeveloped space that is subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b) and for the sale of other goods or services that are not subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject to the trusting requirements may not be inflated for the purpose of allocating a lower sale price to the cemetery merchandise or undeveloped space that is subject to the trusting requirements.
16,3605mf
Section 3605mf. 440.92 (2) (j) of the statutes is renumbered 440.922 (8).
16,3605mh
Section 3605mh. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and amended to read:
440.922 (9) Notice of rights. A preneed sales contract shall include the following language in not less than 10-point boldface type: "SECTION 440.92 (2) 440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN INTEREST IN THE CONTRACT TO ANOTHER PERSON."
16,3605mj
Section 3605mj. 440.92 (3) (a) (intro.) of the statutes is amended to read:
440.92 (3) (a) (intro.) A Except as provided in par. (am), a preneed seller shall deposit into a preneed trust fund an amount equal to at least 40% of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract, or the wholesale cost ratio for the cemetery merchandise multiplied by the amount of the payment of principal that is received, whichever is greater. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller receives payment for the sale of an undeveloped space under a preneed sales contract, the preneed seller shall deposit a percentage of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund, determined as follows:
16,3605mm
Section 3605mm. 440.92 (3) (am) of the statutes is created to read:
440.92 (3) (am) A preneed seller who sells cemetery merchandise for use in a county with a population greater than 600,000 shall deposit into a preneed trust fund an amount equal to at least 40% of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller who sells an undeveloped space located in a county with a population greater than 600,000 receives payment for the undeveloped space under a preneed sales contract, the preneed seller shall deposit at least 40% of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund.
16,3605mn
Section 3605mn. 440.92 (3) (c) (intro.) of the statutes is amended to read:
440.92 (3) (c) (intro.) A preneed seller is not required to make the deposits required under par. (a) 1. and 2.
or (am) for payments for sales of undeveloped spaces under preneed contracts if any of the following applies:
16,3605mv
Section 3605mv. 440.92 (5) of the statutes is renumbered 440.924.
16,3605mx
Section 3605mx. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and amended to read:
440.926 (title) Reporting;
Preneed seller reporting and record keeping; audits.
16,3605mz
Section 3605mz. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:
440.926 (1) (a) Every preneed seller registered under sub. s. 440.92 (1) shall file an annual report with the department. The report shall be made on a form prescribed and furnished by the department. The report shall be made on a calendar-year basis unless the department, 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.
16,3605ob
Section 3605ob. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).
16,3605od
Section 3605od. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:
440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address, or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).
16,3605of
Section 3605of. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1) (d) and (e).