SB55-ASA1-AA1-AA30,52,99
440.90
(1r) "Business representative" has the meaning given in s. 452.01 (3k).
SB55-ASA1-AA1-AA30,52,1111
440.90
(3g) "Columbarium" has the meaning given in s. 157.061 (3g).
SB55-ASA1-AA1-AA30,52,1313
440.90
(3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
SB55-ASA1-AA1-AA30,52,1515
440.90
(4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
SB55-ASA1-AA1-AA30,52,1817
440.90
(4m) "Licensed cemetery authority" means a cemetery authority that
18is licensed under s. 440.91 (1).
SB55-ASA1-AA1-AA30,52,2020
440.90
(4r) "Licensee" means a person licensed under this subchapter.
SB55-ASA1-AA1-AA30,52,2222
440.90
(10m) "Registrant" means a person registered under this subchapter.
SB55-ASA1-AA1-AA30,52,2524
440.90
(10r) "Religious cemetery authority" has the meaning given in s.
25157.061 (15m).
SB55-ASA1-AA1-AA30,53,144
440.91
(1) (a) Except as provided in sub. (6m), every cemetery authority
that
5operates a cemetery that is 5 acres or more in size, that sells
or solicits the sale of a
6total of 10 20 or more
cemetery lots or mausoleum burial spaces
at a cemetery during
7a calendar year
and that pays any commission or other compensation to any person
8for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
9with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
10to the department
. The registration shall be in writing and shall include the names
11of the officers of the cemetery authority for a license for that cemetery. A cemetery
12authority that operates more than one cemetery shall apply for a separate license for
13each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
1420 or more burial spaces or at which it has $100,000 or more in trust fund accounts.
SB55-ASA1-AA1-AA30,53,1716
440.91
(1) (b) Except as provided in s. 440.93 (1), the department shall grant
17a license to a cemetery authority if all of the following are satisfied:
SB55-ASA1-AA1-AA30,53,2218
1. The cemetery authority submits an application for the license to the
19department on a form provided by the department. The application shall require the
20cemetery authority to provide the names of the officers of the cemetery authority and
21to identify a business representative who is primarily responsible for the cemetery
22authority's compliance with subch. II of ch. 157 and this subchapter.
SB55-ASA1-AA1-AA30,53,2423
2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
24costs, or expenses charged by the department under s. 440.03 (13) (c).
SB55-ASA1-AA1-AA30,54,3
1440.91
(1) (c) A licensed cemetery authority shall notify the department if it
2designates a substitute business representative to take the place of a business
3representative identified under par. (b) 1.
SB55-ASA1-AA1-AA30,54,95
440.91
(1) (d) If a licensed cemetery authority notifies the department under
6s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2)
7(b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b)
83., the department shall revoke the license granted under par. (b) and require the
9licensed cemetery authority to reapply for a license under par. (b).
SB55-ASA1-AA1-AA30,54,1411
440.91
(1) (e) 1. The renewal dates and renewal fees for licenses granted under
12par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is
13not required to renew its license if the cemetery authority sells less than 10 burial
14spaces during a period of 2 consecutive calendar years.
SB55-ASA1-AA1-AA30,54,1815
2. A licensed cemetery authority that is not required to renew its license under
16subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
17that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
18or more burial spaces.
SB55-ASA1-AA1-AA30,55,220
440.91
(1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
21authority that operates a cemetery for which a license is not required under sub. (1)
22shall register the cemetery with the department by paying a $5 registration fee and
23submitting an application on a form provided by the department that requires the
24applicant to provide the names of the officers of the cemetery authority and any other
25information that the department may require. A cemetery authority that operates
1more than one cemetery for which a license is not required under sub. (1) shall pay
2a separate registration fee and submit a separate application for each cemetery.
SB55-ASA1-AA1-AA30,55,43
(b) The renewal dates and renewal fees for registrations under par. (a) are
4specified in s. 440.08 (2) (a).
SB55-ASA1-AA1-AA30,55,7
5(c) A cemetery authority is not required to register under par. (a) if it receives
6no income, other than gifts, from the sale of lots or services or from trust fund
7earnings.
SB55-ASA1-AA1-AA30,55,209
440.91
(2) (intro.) Except as provided in subs. (7) and (10), every
individual who 10person that sells or solicits the sale of, or
who that expects to sell or solicit the sale
11of,
a total of 10 20 or more
cemetery lots or mausoleum burial spaces during
a 2 12calendar
year years shall
register with be licensed by the department.
An individual 13A person may not be
registered licensed as a cemetery salesperson except upon the
14written request of a cemetery authority and the payment of the fee specified in s.
15440.05 (1). The cemetery authority shall certify in writing to the department that
16the
individual person is competent to act as a cemetery salesperson.
Within 10 days
17after the certification of any cemetery salesperson, the cemetery salesperson shall
18verify and An applicant for licensure as a cemetery salesperson shall furnish to the
19department, in such form as the department prescribes, all of the following
20information:
SB55-ASA1-AA1-AA30,55,2322
440.91
(2) (a) The name and address of the applicant and, if the applicant is
23a business entity, the name and address of each business representative.
SB55-ASA1-AA1-AA30,56,72
440.91
(4) Renewal applications shall be submitted to the department on a
3form provided by the department on or before the applicable renewal date specified
4under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
5s. 440.08 (2) (a).
An applicant for renewal of a cemetery salesperson license shall
6identify each individual that is exempt from licensure under sub. (7) and that the
7applicant has supervised during the prior 2 years.
SB55-ASA1-AA1-AA30,56,109
440.91
(6m) A religious cemetery authority is not required to be licensed under
10sub. (1) or registered under sub. (1m).
SB55-ASA1-AA1-AA30,56,1813
440.91
(7) (a) An individual who solicits the sale of cemetery lots or mausoleum
14spaces in a cemetery organized, maintained
, and operated by a town, village,
or city,
15church, synagogue or mosque, religious, or fraternal or benevolent society
or 16incorporated college of a religious order is not required to be
registered licensed 17under sub. (2)
if the individual is supervised by a cemetery salesperson licensed
18under sub. (2).
SB55-ASA1-AA1-AA30,56,2220
440.91
(7) (b) An individual who solicits the sale of cemetery lots or mausoleum
21spaces in a cemetery owned and operated by a religious cemetery authority is not
22required to be licensed under sub. (2).
SB55-ASA1-AA1-AA30,57,7
1440.91
(9) No cemetery authority or cemetery salesperson
registered licensed 2under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
3as a finder's fee relating to the sale of
a cemetery lot, cemetery merchandise or
4mausoleum a burial space to any person who is not
registered licensed under sub. (1)
5or (2) or who is not regularly and lawfully engaged in the sale of
cemetery lots, 6cemetery merchandise or
mausoleum burial spaces in another state or territory of
7the United States or a foreign country.
SB55-ASA1-AA1-AA30,57,129
440.91
(10) Nothing in this section requires an individual who is
registered 10licensed as a preneed seller under s. 440.92 (1) to be
registered licensed as a cemetery
11salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
12merchandise or undeveloped spaces under preneed sales contracts.
SB55-ASA1-AA1-AA30,57,1616
440.92
(1) (title)
Licensure.
SB55-ASA1-AA1-AA30,57,2418
440.92
(1) (a) Except as provided in subs. (4)
, and (9) (a)
and (10), every
19individual who sells or solicits the sale of cemetery merchandise or an undeveloped
20space under a preneed sales contract
and, if the
is required to be licensed under this
21subsection and, if applicable, comply with the requirements under s. 445.125. If such
22an individual is employed by or acting as an agent for a cemetery authority or any
23other person, that cemetery authority or other person is
also required to be
registered 24licensed under this subsection.
SB55-ASA1-AA1-AA30,58,2
1440.92
(1) (b) (intro.) The department shall issue a certificate of
registration 2licensure as a cemetery preneed seller to any person who does all of the following:
SB55-ASA1-AA1-AA30,58,84
440.92
(1) (bm) If a cemetery authority that is registered under this subsection
5notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an
6action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to
7the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and
8require the cemetery authority to reapply for a registration under this subsection.
SB55-ASA1-AA1-AA30,58,1310
440.92
(1) (e) Nothing in this subsection requires an individual who is
11registered licensed as a cemetery salesperson under s. 440.91 (2) to be
registered 12licensed under this subsection if the individual does not conduct or solicit any sale
13under a preneed sales contract.
SB55-ASA1-AA1-AA30, s. 3605km
15Section 3605km. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a),
16and 440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
SB55-ASA1-AA1-AA30,58,1817
440.922
(1) (a) 2. By affixing the cemetery merchandise to the
cemetery lot or
18mausoleum burial space.
SB55-ASA1-AA1-AA30,58,2319
3. By storing the cemetery merchandise in a warehouse that is located on the
20property of the preneed seller if the preneed seller insures the cemetery merchandise
21and the preneed sales contract requires the preneed seller to ultimately affix the
22cemetery merchandise to the
cemetery lot or mausoleum
burial space without
23additional charge.
SB55-ASA1-AA1-AA30,59,424
3g. By storing the cemetery merchandise anywhere on the property of the
25preneed seller if the property of the preneed seller is located in this state, the preneed
1seller insures the cemetery merchandise and the preneed sales contract requires the
2preneed seller to ultimately affix the cemetery merchandise to a
cemetery lot burial
3space, to the outside of or the grounds surrounding a mausoleum
or columbarium or
4to any other outdoor location without additional charge.
SB55-ASA1-AA1-AA30,59,115
4. (intro.) By having the cemetery merchandise stored in a warehouse that is
6not located on the property of the preneed seller if the warehouse has agreed to ship
7the cemetery merchandise to the preneed seller, purchaser
, or beneficiary named in
8the preneed sales contract without additional charge to the purchaser and the
9preneed sales contract requires that the cemetery merchandise ultimately be affixed
10to the
cemetery lot or mausoleum burial space without additional charge. If the
11cemetery merchandise is delivered under this subdivision, all of the following apply:
SB55-ASA1-AA1-AA30,59,2314
440.922
(2) Affixture of cemetery merchandise. If a preneed sales contract
15for the sale of cemetery merchandise requires the preneed seller to ultimately affix
16the cemetery merchandise to a
cemetery lot, mausoleum
burial space or other
17location but the purchaser has not informed the preneed seller of the location where
18the cemetery merchandise is to be affixed and the location where the cemetery
19merchandise is to be affixed is not specified in the preneed sales contract, the preneed
20sales contract may provide that the preneed seller may charge the purchaser an
21additional fee at the time that the cemetery merchandise is affixed not to exceed the
22additional costs to the preneed seller that are necessitated by the purchaser's choice
23of location.
SB55-ASA1-AA1-AA30,60,83
440.922
(3) Voiding of contracts. Except as provided in
par. (cm) sub. (4), a
4preneed sales contract shall provide that if the purchaser voids the preneed sales
5contract at any time within 10 days after the date of the initial payment the preneed
6seller shall, within 30 days after the date on which the preneed sales contract is
7voided, refund all money paid by the purchaser for cemetery merchandise that has
8not been supplied or delivered and for the mausoleum space.
SB55-ASA1-AA1-AA30,60,1714
440.922
(5) (c) If a preneed sales contract is voided under par.
(e) (b), the
15preneed seller shall, within 30 days after the date on which the preneed sales
16contract is voided, refund all money paid by the purchaser, together with interest
17calculated at the legal rate of interest as provided under s. 138.04.
SB55-ASA1-AA1-AA30,61,422
440.922
(7) Trusting requirements. If a preneed sales contract includes
23provisions for the sale of cemetery merchandise or an undeveloped space that is
24subject to the trusting requirements under
sub. s. 440.92 (3) (a) and (b) and for the
25sale of other goods or services that are not subject to the trusting requirements under
1sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject
2to the trusting requirements may not be inflated for the purpose of allocating a lower
3sale price to the cemetery merchandise or undeveloped space that is subject to the
4trusting requirements.
SB55-ASA1-AA1-AA30,61,148
440.922
(9) Notice of rights. A preneed sales contract shall include the
9following language in not less than 10-point boldface type: "SECTION
440.92 (2) 10440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE
11PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE
12CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE
13CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
14INTEREST IN THE CONTRACT TO ANOTHER PERSON."
SB55-ASA1-AA1-AA30,62,217
440.92
(3) (a) A preneed seller shall deposit into a preneed trust fund an
18amount equal to at least 40% of each payment of principal that is received from the
19sale of cemetery merchandise under a preneed sales contract
, or the wholesale cost
20ratio for the cemetery merchandise multiplied by the amount of the payment of
21principal that is received, whichever is greater. In addition to the amount required
22to be deposited under this paragraph for the sale of cemetery merchandise and except
23as provided in par. (c), if a preneed seller receives payment for the sale of an
24undeveloped space under a preneed sales contract, the preneed seller shall deposit
1a percentage at least 40% of each payment of principal that is received from the sale
2of the undeveloped space into a preneed trust fund
, determined as follows:.
