2015 Wisconsin Act 237

237,64 Section 64. 157.62 (3) (b) 2. of the statutes is repealed.

237,65 Section 65. 157.62 (3) (b) 2g. of the statutes is created to read:

157.62 (3) (b) 2g. All records supporting the accounting under sub. (2) (b) 3., including records that show, for each deposit, the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased.

237,66 Section 66. 157.62 (3) (b) 2r. of the statutes is created to read:

157.62 (3) (b) 2r. All records supporting the accounting under sub. (2) (b) 4., including records that show, for each deposit, the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased.

237,67 Section 67. 157.62 (4) of the statutes is amended to read:

157.62 (4) Records maintenance. The records under sub. (3) (b) 1. shall be permanently maintained by the cemetery authority or licensee. Each record under sub. (3) (b) 2. 2g. shall be maintained for not less than 3 15 years after the date of the deposit. Each record under sub. (3) (b) 2r. shall be permanently maintained by the cemetery authority or licensee. Each copy of a contract under sub. (3) (b) 3. shall be maintained for not less than 3 years after all of the obligations of the contract have been fulfilled. The department cemetery board may promulgate rules to establish longer time periods for maintaining records under sub. (3) (b) 2. 2g. and 3.

237,68 Section 68. 157.62 (5) of the statutes is renumbered 157.62 (5) (intro.) and amended to read:

157.62 (5) Rules; records. (intro.) The department cemetery board may shall promulgate rules requiring cemetery authorities and licensees to maintain other records and establishing minimum time periods for the maintenance of those records. The records shall include detailed information for each deceased person buried in a cemetery, including all of the following:

237,69 Section 69. 157.62 (5) (a) to (j) of the statutes are created to read:

157.62 (5) (a) The name of the deceased.

(b) The last-known address of the deceased.

(c) The date of birth of the deceased.

(d) The date of death.

(e) The date of burial.

(f) The exact location in the cemetery where the deceased is buried.

(g) The name of the person authorizing the burial and his or her relationship to the deceased.

(h) The name of the funeral establishment, as defined in s. 445.01 (6).

(i) The type of burial vault used, if any.

(j) The type and style of the grave marker, monument, or other memorial used.

237,70 Section 70. 157.62 (6) of the statutes is amended to read:

157.62 (6) Audit. Except as provided in ss. 157.625, 157.63 (5), and 440.92 (9) (e), the department cemetery board may audit, at reasonable times and frequency, the records, trust funds, and accounts of any cemetery authority, including records, trust funds, and accounts pertaining to services provided by a cemetery authority which that are not otherwise subject to the requirements under this chapter. The department cemetery board may conduct audits under this subsection on a random basis, and shall conduct all audits under this subsection without providing prior notice to the cemetery authority.

237,71 Section 71. 157.62 (7) of the statutes is amended to read:

157.62 (7) Rules; filing fee. The department cemetery board may promulgate rules establishing a filing fee to accompany the report required under sub. (2) (a). The filing fee shall be based on the approximate cost of regulating cemetery authorities.

237,72 Section 72. 157.625 (2) of the statutes is repealed.

237,73 Section 73. 157.63 (title) of the statutes is amended to read:

157.63 (title) Reporting and auditing exemptions; certification of compliance of cemetery organized and operated by, or affiliated with, a religious society association.

237,74 Section 74. 157.63 (1) of the statutes is amended to read:

157.63 (1) In lieu of filing an annual report under s. 157.62 (2), a religious association or a cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 association, or that religious society association, may file an annual certification with the department cemetery board as provided in this section.

237,75 Section 75. 157.63 (2) (intro.) of the statutes is amended to read:

157.63 (2) (intro.) A certification under this section shall be made on a form prescribed and furnished by the department cemetery board and include all of the following:

237,76 Section 76. 157.63 (2) (b) of the statutes is amended to read:

157.63 (2) (b) A notarized statement of a person who is legally authorized to act on behalf of the religious society association under this section that, during the reporting period under s. 157.62, each cemetery and the cemetery authority of each cemetery specified under par. (a) have either fully complied or have substantially complied with ss. 157.11 (9g) (c) and 157.12 (3).

237,77 Section 77. 157.63 (5) of the statutes is amended to read:

157.63 (5) During the effective period specified under sub. (4), the department cemetery board may not audit the care funds or any records or accounts relating to the care funds of a cemetery to which a certification under this section applies.

237,78 Section 78. 157.635 of the statutes is amended to read:

157.635 Regulations of cemetery organized and operated by, or affiliated with, a religious society association. Nothing in this subchapter prohibits a religious association or a cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 association from prohibiting the burial of the human remains of an individual in the cemetery if the individual was in a class of individuals who are prohibited under regulations adopted by the cemetery authority or religious society association from being buried in the cemetery.

237,79 Section 79. 157.637 of the statutes is amended to read:

157.637 Veteran burials. A cemetery authority of a cemetery, other than a cemetery that is organized and operated by, or affiliated with, a religious society organized under ch. 187 association, may not prohibit the burial, as defined in s. 157.061 (1), of the human remains of a person specified in s. 45.61 (2) at the cemetery if the cemetery authority is paid in its usual and customary manner for the burial.

237,80 Section 80. 157.64 (2) (intro.) and (a) of the statutes are amended to read:

157.64 (2) (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:

(a) Violates s. 157.08 (2) (b), 157.11 (9g), or 157.12 (2) (b), (c), or (d) or (4) (b).

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."