Amendment AA30-AA1-ASA1-SB55

SB55-ASA1-AA1-AA30,76,5 440.95 (1) Any cemetery authority that is required to register under s. 440.91 (1) (1m) and that knowingly fails to register may be fined not more than $100.

SB55-ASA1-AA1-AA30, s. 3605un Section 3605un. 440.95 (1m) of the statutes is created to read:

SB55-ASA1-AA1-AA30,76,10 440.95 (1m) Any cemetery authority that, without a license granted under s. 440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery during a calendar year or has $100,000 or more in trust fund accounts for a cemetery may be fined not more than $100.

SB55-ASA1-AA1-AA30, s. 3605up Section 3605up. 440.95 (2) of the statutes is amended to read:

SB55-ASA1-AA1-AA30,76,15 440.95 (2) Any individual who person that is required to register be licensed as a cemetery salesperson under s. 440.91 (2) and who fails to register that is not licensed may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.

SB55-ASA1-AA1-AA30, s. 3605ur Section 3605ur. 440.95 (2m) of the statutes is created to read:

SB55-ASA1-AA1-AA30,76,19 440.95 (2m) Any person that is required to be licensed as a preneed seller under s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB55-ASA1-AA1-AA30, s. 3605ut Section 3605ut. 440.95 (4) (a) of the statutes is repealed.

SB55-ASA1-AA1-AA30, s. 3605uv Section 3605uv. 440.95 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1-AA30,76,23 440.95 (4) (c) Fails to file a report or files an incomplete, false, or misleading report under s. 440.92 (6) 440.926.

SB55-ASA1-AA1-AA30, s. 3605ux Section 3605ux. 440.95 (5) of the statutes is amended to read:

SB55-ASA1-AA1-AA30,77,4 440.95 (5) Except as provided in sub. (4), any person who violates s. ss. 440.92 to 440.927 or any rule promulgated under s. ss. 440.92 to 440.927 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.".".

SB55-ASA1-AA1-AA30,77,5 14. Page 1448, line 16: after that line insert:

SB55-ASA1-AA1-AA30,77,6 "1972m. Page 1352, line 18: after that line insert:

SB55-ASA1-AA1-AA30,77,7 "(4f) Cemetery regulation.

SB55-ASA1-AA1-AA30,77,8 (a) Definition. In this subsection:

SB55-ASA1-AA1-AA30,77,9 1. "Board" means the cemetery board.

SB55-ASA1-AA1-AA30,77,11 2. "Cemetery association" has the meaning given in section 157.061 (1r) of the statutes.

SB55-ASA1-AA1-AA30,77,18 (b) Filing requirement. A cemetery association that was not required to be registered under section 440.91 (1), 1999 stats., and that is not organized or conducted for pecuniary profit shall, no later than the first day of the 6th month beginning after the effective date of this paragraph, file with the department of financial institutions any copies of certifications, resolutions, or proceedings that the cemetery association delivered to the office of the register of deeds of the county in which the cemetery is located under section 157.062 (9), 1999 stats.

SB55-ASA1-AA1-AA30,77,19 (c) Initial appointments to cemetery board.

SB55-ASA1-AA1-AA30,78,2 1. Notwithstanding section 15.405 (3m) (b) 1. and (c) of the statutes, as created by this act, the initial cemetery authority business representative members of the board need not be business representatives of a cemetery authority that is licensed under section 440.91 (1) of the statutes, as affected by this act, to be appointed to and serve as members of the board until the first day of the 13th month beginning after the effective date of this subdivision.

SB55-ASA1-AA1-AA30,78,6 2. Notwithstanding section 15.07 (1) (cm) of the statutes, as affected by this act, and section 15.405 (3m) (b) 1. of the statutes, as created by this act, the initial members of the board shall be appointed by the first day of the 4th month beginning after the effective date of this subdivision for the following terms:

SB55-ASA1-AA1-AA30,78,8 a. Two cemetery authority business representative members and one public member, for terms expiring on May 1, 2003.

SB55-ASA1-AA1-AA30,78,10 b. One cemetery authority business representative member and one public member, for terms expiring on May 1, 2004.

SB55-ASA1-AA1-AA30,78,12 c. One cemetery authority business representative member and the representative of the department of justice, for terms expiring on May 1, 2005.

SB55-ASA1-AA1-AA30,78,17 (d) Preneed seller licenses. Notwithstanding section 440.92 (1) (a) and (b) (intro.) of the statutes, as affected by this act, the department of regulation and licensing shall issue a certificate of licensure as a cemetery preneed seller to any person who, on the effective date of this paragraph, holds a valid certificate of registration as a cemetery preneed seller.".".

SB55-ASA1-AA1-AA30,78,18 15. Page 1479, line 18: after that line insert:

SB55-ASA1-AA1-AA30,78,19 "2072m. Page 1403, line 5: after that line insert:

SB55-ASA1-AA1-AA30,78,23 "(2f) Nondisclosure of certain information. The treatment of section 440.14 (1) (a), (2), (3), (4), and (5) of the statutes first applies to lists furnished by a board in the department of regulation and licensing, other than a credentialing board, on the effective date of this subsection.".".

SB55-ASA1-AA1-AA30,78,24 (End)