Amendment JR2 AA61-ASA1-AB1

AB1-ASA1-AA61, s. 464ot Section 464ot. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:

AB1-ASA1-AA61,62,22 440.926 (1) (a) Every preneed seller registered licensed 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.

AB1-ASA1-AA61, s. 464ou Section 464ou. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).

AB1-ASA1-AA61, s. 464ov Section 464ov. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:

AB1-ASA1-AA61,63,8 440.926 (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).

AB1-ASA1-AA61, s. 464ow Section 464ow. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1) (d) and (e).

AB1-ASA1-AA61, s. 464ox Section 464ox. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:

AB1-ASA1-AA61,63,14 440.926 (2) (a) 1. The records needed to prepare the reports required under par. sub. (1) (a).

AB1-ASA1-AA61,63,17 2. Records that show, for each deposit in a trust fund or account specified in pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased.

AB1-ASA1-AA61, s. 464oy Section 464oy. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and amended to read:

AB1-ASA1-AA61,63,24 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently maintained by the preneed seller. The records under par. sub. (1) (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The department may promulgate rules to establish longer time periods for maintaining records under this paragraph.

AB1-ASA1-AA61, s. 464oz Section 464oz. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and amended to read:

AB1-ASA1-AA61,64,5 440.926 (3) (a) The department may promulgate rules requiring preneed sellers registered licensed under sub. s. 440.92 (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

AB1-ASA1-AA61, s. 464pa Section 464pa. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and amended to read:

AB1-ASA1-AA61,64,15 440.926 (4) Audits. The department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any preneed seller registered licensed under sub. s. 440.92 (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 subchapter. The department may conduct audits under this paragraph subsection on a random basis, and shall conduct all audits under this paragraph subsection without providing prior notice to the preneed seller.

AB1-ASA1-AA61, s. 464pb Section 464pb. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and amended to read:

AB1-ASA1-AA61,64,20 440.926 (3) (b) The department may promulgate rules establishing a filing fee to accompany the report required under par. sub. (1) (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.

AB1-ASA1-AA61, s. 464pc Section 464pc. 440.92 (7) of the statutes is renumbered 440.927 and amended to read:

AB1-ASA1-AA61,65,12 440.927 Approval of warehouses. No person may own or operate a warehouse located inside or outside this state unless the warehouse is approved by the department. Upon application, the department shall approve a warehouse that is located in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The department shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state under this section. The rules shall require warehouses that are located outside this state to file with the department a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The department shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection section and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f).

AB1-ASA1-AA61, s. 464pcc Section 464pcc. 440.92 (9) (title) of the statutes is amended to read:

AB1-ASA1-AA61,65,15 440.92 (9) (title) Exemptions; certification of compliance of religious cemetery affiliated with religious society authorities.

AB1-ASA1-AA61, s. 464pd Section 464pd. 440.92 (9) (a) of the statutes is amended to read:

AB1-ASA1-AA61,66,2 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society a religious cemetery authority or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority files an annual certification with the department as provided in this subsection, neither the religious cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective, but the religious cemetery authority and any employee are required to comply, if applicable, with the requirements of s. 445.125.

AB1-ASA1-AA61, s. 464pe Section 464pe. 440.92 (9) (b) 3. of the statutes is amended to read:

AB1-ASA1-AA61,66,9 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the department, each employee specified under subd. 2. and the religious cemetery authority have either fully complied or have substantially complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 440.924.

AB1-ASA1-AA61, s. 464pf Section 464pf. 440.92 (9) (c) of the statutes is amended to read:

AB1-ASA1-AA61,66,14 440.92 (9) (c) If the statement under par. (b) 3. includes a statement of substantial compliance, the statement of substantial compliance must also specify those instances when the employee or religious cemetery authority did not fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.

AB1-ASA1-AA61, s. 464pg Section 464pg. 440.92 (9) (e) of the statutes is amended to read:

AB1-ASA1-AA61,66,19 440.92 (9) (e) During the effective period specified under par. (d), the department may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the religious cemetery authority or any employee of the cemetery to which a certification under this subsection applies.

AB1-ASA1-AA61, s. 464ph Section 464ph. 440.92 (9) (f) of the statutes is amended to read:

AB1-ASA1-AA61,67,2 440.92 (9) (f) The church, synagogue, mosque, incorporated college of a religious order, or religious society 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 religious cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance has been certified under this subsection.

AB1-ASA1-AA61, s. 464pi Section 464pi. 440.92 (10) of the statutes is repealed.

AB1-ASA1-AA61, s. 464pj Section 464pj. 440.922 (1) (title), (4) (title), (5) (title), (6) (title), (8) (title) and (10) (title) of the statutes are created to read:

AB1-ASA1-AA61,67,6 440.922 (1) (title) Delivery of cemetery merchandise.

AB1-ASA1-AA61,67,7 (4) (title) Physical alteration of cemetery merchandise.

AB1-ASA1-AA61,67,8 (5) (title) Undeveloped space sales.

AB1-ASA1-AA61,67,9 (6) (title) Interest assignments.

AB1-ASA1-AA61,67,10 (8) (title) Contract requirements.

AB1-ASA1-AA61,67,11 (10) (title) Conflicting provisions.

AB1-ASA1-AA61, s. 464pk Section 464pk. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

AB1-ASA1-AA61,67,14 440.926 (1) (title) Reports.

AB1-ASA1-AA61,67,15 (2) (title) Records.

AB1-ASA1-AA61,67,16 (3) (title) Rules.

AB1-ASA1-AA61, s. 464pL Section 464pL. 440.928 of the statutes is created to read:

AB1-ASA1-AA61,67,18 440.928 Burial space purchase agreements. (1) In this section:

AB1-ASA1-AA61,67,19 (a) "Cemetery authority" does not include a religious cemetery authority.

AB1-ASA1-AA61,67,21 (b) "Opening or closing fees" means fees charged by a cemetery authority for opening or closing a burial space.

AB1-ASA1-AA61,67,23 (c) "Purchase agreement" means an agreement for the purchase of a burial space.

AB1-ASA1-AA61,68,3 (2) Before entering into a purchase agreement, a cemetery authority shall disclose to the purchaser any opening or closing fees charged by the cemetery authority.

AB1-ASA1-AA61,68,5 (3) A purchase agreement shall be in writing and shall include each of the following:

AB1-ASA1-AA61,68,9 (a) The terms and conditions and any other pertinent information regarding the purchase, including the price of the burial space, any perpetual care requirements, and any resale, inheritor, cancellation, or refund rights under the agreement.

AB1-ASA1-AA61,68,13 (b) A description of all goods and services that are reasonably expected to be required at the time of need that are not subject to the purchase agreement, including opening and closing fees and any additional fees for weekend, holiday, or after hours burial.

AB1-ASA1-AA61,68,20 (4) A cemetery authority shall assign a serial number to each purchase agreement that it enters into, maintain file copies in numerical order according to the serial number and enter the serial number and a description of each purchase agreement into a sales journal. Any additional purchase by a purchaser more than 30 days after entering a purchase agreement shall be the subject of a separate purchase agreement with a separate serial number that is the current unused serial number in consecutive order.

AB1-ASA1-AA61, s. 464pm Section 464pm. 440.929 of the statutes is created to read:

AB1-ASA1-AA61,68,25 440.929 Rules. The department shall promulgate rules that establish a code of ethics to govern the professional conduct of cemetery authorities licensed under s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers licensed under s. 440.92 (1).

AB1-ASA1-AA61, s. 464pma Section 464pma. 440.93 (1) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,69,11 440.93 (1) (intro.) The department may deny a certificate of licensure or registration of a cemetery authority, cemetery salesperson, or preneed seller and the board may reprimand a licensee or registrant or deny, limit, suspend, or revoke a certificate of licensure or registration a cemetery authority, cemetery salesperson or preneed seller if it if the department or board, respectively, finds that the applicant, licensee, or registrant, or, if the applicant, licensee, or registrant, is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds , or has the power to vote 5% or more of any class of security issued by the applicant, licensee, or registrant, has done any of the following:

AB1-ASA1-AA61, s. 464pmm Section 464pmm. 440.93 (1) (b) of the statutes is amended to read:

AB1-ASA1-AA61,69,15 440.93 (1) (b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum a burial space.

AB1-ASA1-AA61, s. 464pn Section 464pn. 440.93 (1) (c) of the statutes is amended to read:

AB1-ASA1-AA61,69,20 440.93 (1) (c) Engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills.

AB1-ASA1-AA61, s. 464po Section 464po. 440.93 (1) (cm) of the statutes is created to read:

AB1-ASA1-AA61,69,23 440.93 (1) (cm) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 440.929.

AB1-ASA1-AA61, s. 464pq Section 464pq. 440.93 (1) (d) of the statutes is amended to read:

AB1-ASA1-AA61,70,5 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense Violated any law the circumstances of which substantially relate to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space. A certified copy of a judgment of conviction is prima facie evidence of a violation.

AB1-ASA1-AA61, s. 464pr Section 464pr. 440.93 (1) (f) of the statutes is amended to read:

AB1-ASA1-AA61,70,10 440.93 (1) (f) Subject to ss. 111.321, 111.322, and 111.34, engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space while the person's ability to practice was impaired by mental disease or defect or alcohol or other drugs.

AB1-ASA1-AA61, s. 464ps Section 464ps. 440.93 (1) (g) of the statutes is amended to read:

AB1-ASA1-AA61,70,14 440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule promulgated under this subchapter or subch. II of ch. 157, or any order of the department or the board.

AB1-ASA1-AA61, s. 464pt Section 464pt. 440.93 (1m) of the statutes is created to read:

AB1-ASA1-AA61,70,21 440.93 (1m) The board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a certificate of registration or licensure, assess against a person licensed or registered under this subchapter who has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000 for each separate offense. Each day of continued violation constitutes a separate offense.

AB1-ASA1-AA61, s. 464pu Section 464pu. 440.93 (2) of the statutes is amended to read:

AB1-ASA1-AA61,70,25 440.93 (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).

AB1-ASA1-AA61, s. 464pv Section 464pv. 440.945 (1) (a) of the statutes is amended to read:

AB1-ASA1-AA61,71,3 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial space.

AB1-ASA1-AA61, s. 464pw Section 464pw. 440.945 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA61,71,15 440.945 (2) (a) Adopt regulations, consistent with this section and with standards that the cemetery authority uses for its own monument installations, prescribing requirements and procedures for the sale, delivery, installation, or care of monuments, including requirements that each vendor provide reasonable advance notice to the cemetery authority of the date on which the vendor desires to install a monument; that each vendor carry worker's compensation insurance and a minimum amount of comprehensive general liability insurance, such minimum amount not to exceed $300,000; and that each owner of a cemetery lot burial space pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot burial space before a monument is installed.

AB1-ASA1-AA61, s. 464px Section 464px. 440.945 (2) (c) of the statutes is amended to read:

AB1-ASA1-AA61,72,2 440.945 (2) (c) Charge either the owner of a cemetery lot burial space or a vendor a reasonable fee to cover the cemetery authority's labor costs. In this paragraph, "labor costs" means the amount, calculated in accordance with generally accepted accounting principles and practices, that is payable to employees of the cemetery authority for wages and fringe benefits for the period that the employees were engaged in marking the location for and inspecting the installation of the monument to ensure that it was properly installed, and may include any general administrative or overhead costs of the cemetery authority or any other costs that are directly related to marking the location for and inspecting the installation of the monument to ensure that it was properly installed.

AB1-ASA1-AA61, s. 464py Section 464py. 440.945 (3) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,72,7 440.945 (3) (a) (intro.) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots burial spaces and to other interested persons all of the following information:

AB1-ASA1-AA61, s. 464pz Section 464pz. 440.945 (4) (a) 1. of the statutes is amended to read:

AB1-ASA1-AA61,72,11 440.945 (4) (a) 1. Require the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the cemetery authority.

AB1-ASA1-AA61, s. 464qa Section 464qa. 440.945 (4) (a) 2. of the statutes is amended to read:

AB1-ASA1-AA61,72,15 440.945 (4) (a) 2. Restrict the right of the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the vendor of his or her choice.

AB1-ASA1-AA61, s. 464qb Section 464qb. 440.945 (4) (a) 3. of the statutes is amended to read:

AB1-ASA1-AA61,72,23 440.945 (4) (a) 3. Except as provided in sub. (2) (c), charge the owner or purchaser of a cemetery lot burial space a fee for purchasing a monument or services related to the installation of a monument from a vendor, or charge a vendor a fee for delivering or installing the monument. Nothing in this subdivision shall be construed to prohibit a cemetery authority from charging the owner or purchaser of a cemetery lot burial space a reasonable fee for services relating to the care of a monument.

AB1-ASA1-AA61, s. 464qc Section 464qc. 440.945 (4) (a) 4. of the statutes is amended to read:

AB1-ASA1-AA61,73,3 440.945 (4) (a) 4. Discriminate against any owner or purchaser of a cemetery lot burial space who has purchased a monument or services related to the installation of a monument from a vendor.