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1(5) The department shall provide staff to assist the board in the review of
2administrative rules and preparation of comments or dissenting reports.
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440.95
(1) Any cemetery authority that is required to register under s. 440.91
5(1) (1m) and that knowingly fails to register may be fined not more than $100.
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440.95
(1m) Any cemetery authority that, without a license granted under s.
8440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery
9during a calendar year or has $100,000 or more in trust fund accounts for a cemetery
10may be fined not more than $100.
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440.95
(2) Any
individual who person that is required to
register be licensed 13as a cemetery salesperson under s. 440.91 (2) and
who fails to register that is not
14licensed may be fined not less than $25 nor more than $200 or imprisoned for not
15more than 6 months or both.
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440.95
(2m) Any person that is required to be licensed as a preneed seller under
18s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or
19imprisoned for not more than 90 days or both.
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440.95
(4) (c) Fails to file a report or files an incomplete, false
, or misleading
23report under s.
440.92 (6) 440.926.
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1440.95
(5) Except as provided in sub. (4), any person who violates
s. ss. 440.92
2to 440.927 or any rule promulgated under
s. ss. 440.92
to 440.927 may be required
3to forfeit not more than $200 for each offense. Each day of continued violation
4constitutes a separate offense.".".
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7"
(4f) Cemetery regulation.
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8(a) Definition. In this subsection:
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91. "Board" means the cemetery board.
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102. "Cemetery association" has the meaning given in section 157.061 (1r) of the
11statutes.
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12(b) Filing requirement. A cemetery association that was not required to be
13registered under section 440.91 (1), 1999 stats., and that is not organized or
14conducted for pecuniary profit shall, no later than the first day of the 6th month
15beginning after the effective date of this paragraph, file with the department of
16financial institutions any copies of certifications, resolutions, or proceedings that the
17cemetery association delivered to the office of the register of deeds of the county in
18which the cemetery is located under section 157.062 (9), 1999 stats.
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19(c) Initial appointments to cemetery board.
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201. Notwithstanding section 15.405 (3m) (b) 1. and (c) of the statutes, as created
21by this act, the initial cemetery authority business representative members of the
22board need not be business representatives of a cemetery authority that is licensed
23under section 440.91 (1) of the statutes, as affected by this act, to be appointed to and
1serve as members of the board until the first day of the 13th month beginning after
2the effective date of this subdivision.
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32. Notwithstanding section 15.07 (1) (cm) of the statutes, as affected by this act,
4and section 15.405 (3m) (b) 1. of the statutes, as created by this act, the initial
5members of the board shall be appointed by the first day of the 4th month beginning
6after the effective date of this subdivision for the following terms:
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7a. Two cemetery authority business representative members and one public
8member, for terms expiring on May 1, 2003.
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9b. One cemetery authority business representative member and one public
10member, for terms expiring on May 1, 2004.
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11c. One cemetery authority business representative member and the
12representative of the department of justice, for terms expiring on May 1, 2005.
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13(d) Preneed seller licenses. Notwithstanding section 440.92 (1) (a) and (b)
14(intro.) of the statutes, as affected by this act, the department of regulation and
15licensing shall issue a certificate of licensure as a cemetery preneed seller to any
16person who, on the effective date of this paragraph, holds a valid certificate of
17registration as a cemetery preneed seller.".".
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20"
(2f) Nondisclosure of certain information. The treatment of section 440.14
21(1) (a), (2), (3), (4), and (5) of the statutes first applies to lists furnished by a board
22in the department of regulation and licensing, other than a credentialing board, on
23the effective date of this subsection.".".
