AB1-ASA1-AA61,51,2222
440.90
(1g) "Business entity" has the meaning given in s. 452.01 (3j).
AB1-ASA1-AA61,51,2424
440.90
(1r) "Business representative" has the meaning given in s. 452.01 (3k).
AB1-ASA1-AA61,52,1
1440.90
(3g) "Columbarium" has the meaning given in s. 157.061 (3g).
AB1-ASA1-AA61,52,33
440.90
(3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
AB1-ASA1-AA61,52,55
440.90
(4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
AB1-ASA1-AA61,52,87
440.90
(4m) "Licensed cemetery authority" means a cemetery authority that
8is licensed under s. 440.91 (1).
AB1-ASA1-AA61,52,1010
440.90
(4r) "Licensee" means a person licensed under this subchapter.
AB1-ASA1-AA61,52,1212
440.90
(10m) "Registrant" means a person registered under this subchapter.
AB1-ASA1-AA61,52,1514
440.90
(10r) "Religious cemetery authority" has the meaning given in s.
15157.061 (15m).
AB1-ASA1-AA61, s. 464ng
17Section 464ng. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
18amended to read:
AB1-ASA1-AA61,53,419
440.91
(1) (a) Except as provided in sub. (6m), every cemetery authority
that
20operates a cemetery that is 5 acres or more in size, that sells
or solicits the sale of a
21total of 10 20 or more
cemetery lots or mausoleum burial spaces
at a cemetery during
22a calendar year
and that pays any commission or other compensation to any person
23for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
24with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
25to the department
. The registration shall be in writing and shall include the names
1of the officers of the cemetery authority for a license for that cemetery. A cemetery
2authority that operates more than one cemetery shall apply for a separate license for
3each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
420 or more burial spaces or at which it has $100,000 or more in trust fund accounts.
AB1-ASA1-AA61,53,76
440.91
(1) (b) Except as provided in s. 440.93 (1), the department shall grant
7a license to a cemetery authority if all of the following are satisfied:
AB1-ASA1-AA61,53,128
1. The cemetery authority submits an application for the license to the
9department on a form provided by the department. The application shall require the
10cemetery authority to provide the names of the officers of the cemetery authority and
11to identify a business representative who is primarily responsible for the cemetery
12authority's compliance with subch. II of ch. 157 and this subchapter.
AB1-ASA1-AA61,53,1413
2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
14costs, or expenses charged by the department under s. 440.03 (13) (c).
AB1-ASA1-AA61,53,1715
(c) A licensed cemetery authority shall notify the department if it designates
16a substitute business representative to take the place of a business representative
17identified under par. (b) 1.
AB1-ASA1-AA61,53,2218
(d) If a licensed cemetery authority notifies the department under s. 157.08 (2)
19(b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c.
20and the department does not object to the action under s. 157.08 (2) (b) 3., the
21department shall revoke the license granted under par. (b) and require the licensed
22cemetery authority to reapply for a license under par. (b).
AB1-ASA1-AA61,54,223
(e) 1. The renewal dates and renewal fees for licenses granted under par. (b)
24are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not
1required to renew its license if the cemetery authority sells less than 10 burial spaces
2during a period of 2 consecutive calendar years.
AB1-ASA1-AA61,54,63
2. A licensed cemetery authority that is not required to renew its license under
4subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
5that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
6or more burial spaces.
AB1-ASA1-AA61,54,158
440.91
(1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
9authority that operates a cemetery for which a license is not required under sub. (1)
10shall register the cemetery with the department by paying a $5 registration fee and
11submitting an application on a form provided by the department that requires the
12applicant to provide the names of the officers of the cemetery authority and any other
13information that the department may require. A cemetery authority that operates
14more than one cemetery for which a license is not required under sub. (1) shall pay
15a separate registration fee and submit a separate application for each cemetery.
AB1-ASA1-AA61,54,1716
(b) The renewal dates and renewal fees for registrations under par. (a) are
17specified in s. 440.08 (2) (a).
AB1-ASA1-AA61,54,20
18(c) A cemetery authority is not required to register under par. (a) if it receives
19no income, other than gifts, from the sale of lots or services or from trust fund
20earnings.
AB1-ASA1-AA61,55,822
440.91
(2) (intro.) Except as provided in subs. (7) and (10), every
individual who 23person that sells or solicits the sale of, or
who that expects to sell or solicit the sale
24of,
a total of 10 20 or more
cemetery lots or mausoleum burial spaces during
a 2 25calendar
year years shall
register with be licensed by the department.
An individual
1A person may not be
registered licensed as a cemetery salesperson except upon the
2written request of a cemetery authority and the payment of the fee specified in s.
3440.05 (1). The cemetery authority shall certify in writing to the department that
4the
individual person is competent to act as a cemetery salesperson.
Within 10 days
5after the certification of any cemetery salesperson, the cemetery salesperson shall
6verify and An applicant for licensure as a cemetery salesperson shall furnish to the
7department, in such form as the department prescribes, all of the following
8information:
AB1-ASA1-AA61,55,1110
440.91
(2) (a) The name and address of the applicant and, if the applicant is
11a business entity, the name and address of each business representative.
AB1-ASA1-AA61,55,1914
440.91
(4) Renewal applications shall be submitted to the department on a
15form provided by the department on or before the applicable renewal date specified
16under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
17s. 440.08 (2) (a).
An applicant for renewal of a cemetery salesperson license shall
18identify each individual that is exempt from licensure under sub. (7) and that the
19applicant has supervised during the prior 2 years.
AB1-ASA1-AA61,55,2221
440.91
(6m) A religious cemetery authority is not required to be licensed under
22sub. (1) or registered under sub. (1m).
AB1-ASA1-AA61, s. 464no
23Section 464no. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and
24amended to read:
AB1-ASA1-AA61,56,6
1440.91
(7) (a) An individual who solicits the sale of cemetery lots or mausoleum
2spaces in a cemetery organized, maintained
, and operated by a town, village,
or city,
3church, synagogue or mosque, religious, or fraternal or benevolent society
or 4incorporated college of a religious order is not required to be
registered licensed 5under sub. (2)
if the individual is supervised by a cemetery salesperson licensed
6under sub. (2).
AB1-ASA1-AA61,56,108
440.91
(7) (b) An individual who solicits the sale of cemetery lots or mausoleum
9spaces in a cemetery owned and operated by a religious cemetery authority is not
10required to be licensed under sub. (2).
AB1-ASA1-AA61,56,1913
440.91
(9) No cemetery authority or cemetery salesperson
registered licensed 14under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
15as a finder's fee relating to the sale of
a cemetery lot, cemetery merchandise or
16mausoleum a burial space to any person who is not
registered licensed under sub. (1)
17or (2) or who is not regularly and lawfully engaged in the sale of
cemetery lots, 18cemetery merchandise or
mausoleum burial spaces in another state or territory of
19the United States or a foreign country.
AB1-ASA1-AA61,56,2421
440.91
(10) Nothing in this section requires an individual who is
registered 22licensed as a preneed seller under s. 440.92 (1) to be
registered licensed as a cemetery
23salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
24merchandise or undeveloped spaces under preneed sales contracts.
AB1-ASA1-AA61,57,33
440.92
(1) (title)
Licensure.
AB1-ASA1-AA61,57,115
440.92
(1) (a) Except as provided in subs. (4)
, and (9) (a)
and (10), every
6individual who sells or solicits the sale of cemetery merchandise or an undeveloped
7space under a preneed sales contract
and, if the
is required to be licensed under this
8subsection and, if applicable, comply with the requirements under s. 445.125. If such
9an individual is employed by or acting as an agent for a cemetery authority or any
10other person, that cemetery authority or other person is
also required to be
registered 11licensed under this subsection.
AB1-ASA1-AA61,57,1413
440.92
(1) (b) (intro.) The department shall issue a certificate of
registration 14licensure as a cemetery preneed seller to any person who does all of the following:
AB1-ASA1-AA61,57,2016
440.92
(1) (bm) If a cemetery authority that is registered under this subsection
17notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an
18action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to
19the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and
20require the cemetery authority to reapply for a registration under this subsection.
AB1-ASA1-AA61,57,2522
440.92
(1) (e) Nothing in this subsection requires an individual who is
23registered licensed as a cemetery salesperson under s. 440.91 (2) to be
registered 24licensed under this subsection if the individual does not conduct or solicit any sale
25under a preneed sales contract.
AB1-ASA1-AA61, s. 464nz
2Section 464nz. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and
3440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
AB1-ASA1-AA61,58,54
440.922
(1) (a) 2. By affixing the cemetery merchandise to the
cemetery lot or
5mausoleum burial space.
AB1-ASA1-AA61,58,106
3. By storing the cemetery merchandise in a warehouse that is located on the
7property of the preneed seller if the preneed seller insures the cemetery merchandise
8and the preneed sales contract requires the preneed seller to ultimately affix the
9cemetery merchandise to the
cemetery lot or mausoleum
burial space without
10additional charge.
AB1-ASA1-AA61,58,1611
3g. By storing the cemetery merchandise anywhere on the property of the
12preneed seller if the property of the preneed seller is located in this state, the preneed
13seller insures the cemetery merchandise and the preneed sales contract requires the
14preneed seller to ultimately affix the cemetery merchandise to a
cemetery lot burial
15space, to the outside of or the grounds surrounding a mausoleum
or columbarium or
16to any other outdoor location without additional charge.
AB1-ASA1-AA61,58,2317
4. (intro.) By having the cemetery merchandise stored in a warehouse that is
18not located on the property of the preneed seller if the warehouse has agreed to ship
19the cemetery merchandise to the preneed seller, purchaser
, or beneficiary named in
20the preneed sales contract without additional charge to the purchaser and the
21preneed sales contract requires that the cemetery merchandise ultimately be affixed
22to the
cemetery lot or mausoleum burial space without additional charge. If the
23cemetery merchandise is delivered under this subdivision, all of the following apply:
AB1-ASA1-AA61, s. 464oa
24Section 464oa. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and
25amended to read:
AB1-ASA1-AA61,59,10
1440.922
(2) Affixture of cemetery merchandise. If a preneed sales contract
2for the sale of cemetery merchandise requires the preneed seller to ultimately affix
3the cemetery merchandise to a
cemetery lot, mausoleum
burial space or other
4location but the purchaser has not informed the preneed seller of the location where
5the cemetery merchandise is to be affixed and the location where the cemetery
6merchandise is to be affixed is not specified in the preneed sales contract, the preneed
7sales contract may provide that the preneed seller may charge the purchaser an
8additional fee at the time that the cemetery merchandise is affixed not to exceed the
9additional costs to the preneed seller that are necessitated by the purchaser's choice
10of location.
AB1-ASA1-AA61, s. 464oc
12Section 464oc. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
13amended to read:
AB1-ASA1-AA61,59,1914
440.922
(3) Voiding of contracts. Except as provided in
par. (cm) sub. (4), a
15preneed sales contract shall provide that if the purchaser voids the preneed sales
16contract at any time within 10 days after the date of the initial payment the preneed
17seller shall, within 30 days after the date on which the preneed sales contract is
18voided, refund all money paid by the purchaser for cemetery merchandise that has
19not been supplied or delivered and for the mausoleum space.
AB1-ASA1-AA61, s. 464og
23Section 464og. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and
24amended to read:
AB1-ASA1-AA61,60,4
1440.922
(5) (c) If a preneed sales contract is voided under par.
(e) (b), the
2preneed seller shall, within 30 days after the date on which the preneed sales
3contract is voided, refund all money paid by the purchaser, together with interest
4calculated at the legal rate of interest as provided under s. 138.04.
AB1-ASA1-AA61, s. 464oh
5Section 464oh. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922
6(6) and (10).
AB1-ASA1-AA61, s. 464oi
7Section 464oi. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and
8amended to read:
AB1-ASA1-AA61,60,169
440.922
(7) Trusting requirements. If a preneed sales contract includes
10provisions for the sale of cemetery merchandise or an undeveloped space that is
11subject to the trusting requirements under
sub. s. 440.92 (3) (a) and (b) and for the
12sale of other goods or services that are not subject to the trusting requirements under
13sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
14to the trusting requirements may not be inflated for the purpose of allocating a lower
15sale price to the cemetery merchandise or undeveloped space that is subject to the
16trusting requirements.
AB1-ASA1-AA61, s. 464ok
18Section 464ok. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and
19amended to read:
AB1-ASA1-AA61,61,220
440.922
(9) Notice of rights. A preneed sales contract shall include the
21following language in not less than 10-point boldface type: "SECTION
440.92 (2) 22440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE
23PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE
24CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE
1CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
2INTEREST IN THE CONTRACT TO ANOTHER PERSON."
AB1-ASA1-AA61, s. 464oL
3Section 464oL. 440.92 (3) (a) (intro.) of the statutes is renumbered 440.92 (3)
4(a) and amended to read:
AB1-ASA1-AA61,61,145
440.92
(3) (a) A preneed seller shall deposit into a preneed trust fund an
6amount equal to at least 40% of each payment of principal that is received from the
7sale of cemetery merchandise under a preneed sales contract
, or the wholesale cost
8ratio for the cemetery merchandise multiplied by the amount of the payment of
9principal that is received, whichever is greater. In addition to the amount required
10to be deposited under this paragraph for the sale of cemetery merchandise and except
11as provided in par. (c), if a preneed seller receives payment for the sale of an
12undeveloped space under a preneed sales contract, the preneed seller shall deposit
13a percentage at least 40% of each payment of principal that is received from the sale
14of the undeveloped space into a preneed trust fund
, determined as follows:.
AB1-ASA1-AA61,61,1917
440.92
(3) (c) (intro.) A preneed seller is not required to make the deposits
18required under par. (a)
1. and 2. for payments for sales of undeveloped spaces under
19preneed contracts if any of the following applies:
AB1-ASA1-AA61,61,2121
440.92
(4) (title)
Exceptions to registration licensure requirement.