Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 3605ih Section 3605ih. 440.91 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,888,7 440.91 (2) (intro.) Except as provided in subs. (7) and (10), every individual who sells or solicits the sale of, or who expects to sell or solicit the sale of, a total of 10 or more cemetery lots or mausoleum burial spaces during a calendar year shall register with the department. An individual may not be registered as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department that the individual is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and furnish to the department, in such form as the department prescribes, all of the following information:

SB55-SSA1-CA1, s. 3605in Section 3605in. 440.91 (6m) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,888,10 440.91 (6m) The registration requirement under sub. (1) does not apply to any of the following:

SB55-SSA1-CA1,888,11 1. A religious cemetery authority.

SB55-SSA1-CA1,888,13 2. A town, village, or city or fraternal or benevolent society that does not operate a cemetery in a county with a population that is greater than 600,000.

SB55-SSA1-CA1, s. 3605iq Section 3605iq. 440.91 (7) of the statutes is renumbered 440.91 (7) (intro.) and amended to read:

SB55-SSA1-CA1,888,18 440.91 (7) (intro.) An individual who solicits the sale of cemetery lots or mausoleum burial spaces in a cemetery organized, maintained, and operated by a any of the following is not required to be registered under sub. (2):

SB55-SSA1-CA1,888,22 (b) A town, village, or city, church, synagogue or mosque, religious, or fraternal or benevolent society or incorporated college of a religious order is not required to be registered under sub. (2), if the cemetery is not in a county with a population that is greater than 600,000.

SB55-SSA1-CA1, s. 3605is Section 3605is. 440.91 (7) (a) of the statutes is created to read:

SB55-SSA1-CA1,888,24 440.91 (7) (a) A religious cemetery authority.

SB55-SSA1-CA1, s. 3605iv Section 3605iv. 440.91 (9) of the statutes is amended to read:

SB55-SSA1-CA1,889,7 440.91 (9) No cemetery authority or cemetery salesperson registered under sub. (1) or (2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space to any person who is not registered under sub. (1) or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots, cemetery merchandise or mausoleum burial spaces in another state or territory of the United States or a foreign country.

SB55-SSA1-CA1, s. 3605kd Section 3605kd. 440.92 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,889,15 440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the is required to be registered under this subsection and, if applicable, comply with the requirements under s. 445.125. If such an individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered under this subsection.

SB55-SSA1-CA1, s. 3605kL Section 3605kL. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).

SB55-SSA1-CA1, s. 3605km Section 3605km. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and 440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:

SB55-SSA1-CA1,889,20 440.922 (1) (a) 2. By affixing the cemetery merchandise to the cemetery lot or mausoleum burial space.

SB55-SSA1-CA1,889,25 3. By storing the cemetery merchandise in a warehouse that is located on the property of the preneed seller if the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to the cemetery lot or mausoleum burial space without additional charge.

SB55-SSA1-CA1,890,6 3g. By storing the cemetery merchandise anywhere on the property of the preneed seller if the property of the preneed seller is located in this state, the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot burial space, to the outside of or the grounds surrounding a mausoleum or columbarium or to any other outdoor location without additional charge.

SB55-SSA1-CA1,890,13 4. (intro.) By having the cemetery merchandise stored in a warehouse that is not located on the property of the preneed seller if the warehouse has agreed to ship the cemetery merchandise to the preneed seller, purchaser, or beneficiary named in the preneed sales contract without additional charge to the purchaser and the preneed sales contract requires that the cemetery merchandise ultimately be affixed to the cemetery lot or mausoleum burial space without additional charge. If the cemetery merchandise is delivered under this subdivision, all of the following apply:

SB55-SSA1-CA1, s. 3605kn Section 3605kn. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and amended to read:

SB55-SSA1-CA1,890,25 440.922 (2) Affixture of cemetery merchandise. If a preneed sales contract for the sale of cemetery merchandise requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, mausoleum burial space or other location but the purchaser has not informed the preneed seller of the location where the cemetery merchandise is to be affixed and the location where the cemetery merchandise is to be affixed is not specified in the preneed sales contract, the preneed sales contract may provide that the preneed seller may charge the purchaser an additional fee at the time that the cemetery merchandise is affixed not to exceed the additional costs to the preneed seller that are necessitated by the purchaser's choice of location.

SB55-SSA1-CA1, s. 3605kp Section 3605kp. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).

SB55-SSA1-CA1, s. 3605kr Section 3605kr. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and amended to read:

SB55-SSA1-CA1,891,9 440.922 (3) Voiding of contracts. Except as provided in par. (cm) sub. (4), a preneed sales contract shall provide that if the purchaser voids the preneed sales contract at any time within 10 days after the date of the initial payment the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser for cemetery merchandise that has not been supplied or delivered and for the mausoleum space.

SB55-SSA1-CA1, s. 3605kt Section 3605kt. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).

SB55-SSA1-CA1, s. 3605kv Section 3605kv. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).

SB55-SSA1-CA1, s. 3605kx Section 3605kx. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).

SB55-SSA1-CA1, s. 3605kz Section 3605kz. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and amended to read:

SB55-SSA1-CA1,891,18 440.922 (5) (c) If a preneed sales contract is voided under par. (e) (b), the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04.

SB55-SSA1-CA1, s. 3605mb Section 3605mb. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922 (6) and (10).

SB55-SSA1-CA1, s. 3605md Section 3605md. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and amended to read:

SB55-SSA1-CA1,892,5 440.922 (7) Trusting requirements. If a preneed sales contract includes provisions for the sale of cemetery merchandise or an undeveloped space that is subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b) and for the sale of other goods or services that are not subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject to the trusting requirements may not be inflated for the purpose of allocating a lower sale price to the cemetery merchandise or undeveloped space that is subject to the trusting requirements.

SB55-SSA1-CA1, s. 3605mf Section 3605mf. 440.92 (2) (j) of the statutes is renumbered 440.922 (8).

SB55-SSA1-CA1, s. 3605mh Section 3605mh. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and amended to read:

SB55-SSA1-CA1,892,15 440.922 (9) Notice of rights. A preneed sales contract shall include the following language in not less than 10-point boldface type: "SECTION 440.92 (2) 440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN INTEREST IN THE CONTRACT TO ANOTHER PERSON."

SB55-SSA1-CA1, s. 3605mj Section 3605mj. 440.92 (3) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,893,2 440.92 (3) (a) (intro.) A Except as provided in par. (am), a preneed seller shall deposit into a preneed trust fund an amount equal to at least 40% of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract, or the wholesale cost ratio for the cemetery merchandise multiplied by the amount of the payment of principal that is received, whichever is greater. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller receives payment for the sale of an undeveloped space under a preneed sales contract, the preneed seller shall deposit a percentage of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund, determined as follows:

SB55-SSA1-CA1, s. 3605mm Section 3605mm. 440.92 (3) (am) of the statutes is created to read:

SB55-SSA1-CA1,893,13 440.92 (3) (am) A preneed seller who sells cemetery merchandise for use in a county with a population greater than 600,000 shall deposit into a preneed trust fund an amount equal to at least 40% of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller who sells an undeveloped space located in a county with a population greater than 600,000 receives payment for the undeveloped space under a preneed sales contract, the preneed seller shall deposit at least 40% of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund.

SB55-SSA1-CA1, s. 3605mn Section 3605mn. 440.92 (3) (c) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,893,17 440.92 (3) (c) (intro.) A preneed seller is not required to make the deposits required under par. (a) 1. and 2. or (am) for payments for sales of undeveloped spaces under preneed contracts if any of the following applies:

SB55-SSA1-CA1, s. 3605mv Section 3605mv. 440.92 (5) of the statutes is renumbered 440.924.

SB55-SSA1-CA1, s. 3605mx Section 3605mx. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and amended to read:

SB55-SSA1-CA1,893,22 440.926 (title) Reporting; Preneed seller reporting and record keeping; audits.

SB55-SSA1-CA1, s. 3605mz Section 3605mz. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:

SB55-SSA1-CA1,894,6 440.926 (1) (a) Every preneed seller registered 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.

SB55-SSA1-CA1, s. 3605ob Section 3605ob. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).

SB55-SSA1-CA1, s. 3605od Section 3605od. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:

SB55-SSA1-CA1,894,16 440.926 (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).

SB55-SSA1-CA1, s. 3605of Section 3605of. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1) (d) and (e).

SB55-SSA1-CA1, s. 3605oh Section 3605oh. 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:

SB55-SSA1-CA1,894,22 440.926 (2) (a) 1. The records needed to prepare the reports required under par. sub. (1) (a).

SB55-SSA1-CA1,894,25 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.

SB55-SSA1-CA1, s. 3605oj Section 3605oj. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and amended to read:

SB55-SSA1-CA1,895,7 440.926 (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.

SB55-SSA1-CA1, s. 3605oL Section 3605oL. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and amended to read:

SB55-SSA1-CA1,895,12 440.926 (3) (a) The department may promulgate rules requiring preneed sellers registered under sub. s. 440.92 (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

SB55-SSA1-CA1, s. 3605on Section 3605on. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and amended to read:

SB55-SSA1-CA1,895,21 440.926 (4) Audits. The department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any preneed seller registered 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.

SB55-SSA1-CA1, s. 3605op Section 3605op. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and amended to read:

SB55-SSA1-CA1,896,3 440.926 (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.

SB55-SSA1-CA1, s. 3605or Section 3605or. 440.92 (7) of the statutes is renumbered 440.927 and amended to read:

SB55-SSA1-CA1,896,20 440.927 Approval of warehouses. No person may own or operate a warehouse 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. 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).

SB55-SSA1-CA1, s. 3605ot Section 3605ot. 440.92 (9) (title) of the statutes is amended to read:

SB55-SSA1-CA1,896,23 440.92 (9) (title) Exemptions; certification of compliance of religious cemetery affiliated with religious society authorities.

SB55-SSA1-CA1, s. 3605ov Section 3605ov. 440.92 (9) (a) of the statutes is amended to read:

SB55-SSA1-CA1,897,10 440.92 (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 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.

SB55-SSA1-CA1, s. 3605ox Section 3605ox. 440.92 (9) (b) 3. of the statutes is amended to read:

SB55-SSA1-CA1,897,17 440.92 (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.

SB55-SSA1-CA1, s. 3605oz Section 3605oz. 440.92 (9) (c) of the statutes is amended to read:

SB55-SSA1-CA1,897,22 440.92 (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.

SB55-SSA1-CA1, s. 3605qb Section 3605qb. 440.92 (9) (e) of the statutes is amended to read:

SB55-SSA1-CA1,898,2 440.92 (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.

SB55-SSA1-CA1, s. 3605qd Section 3605qd. 440.92 (9) (f) of the statutes is amended to read:

SB55-SSA1-CA1,898,10 440.92 (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.

SB55-SSA1-CA1, s. 3605qg Section 3605qg. 440.92 (10) of the statutes is amended to read:

SB55-SSA1-CA1,898,15 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not apply to a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that does not operate a cemetery in a county with a population greater than 600,000.

SB55-SSA1-CA1, s. 3605qh Section 3605qh. 440.922 (1) (title) of the statutes is created to read:

SB55-SSA1-CA1,898,17 440.922 (1) (title) Delivery of cemetery merchandise.

SB55-SSA1-CA1, s. 3605qhc Section 3605qhc. 440.922 (4) (title) of the statutes is created to read:

SB55-SSA1-CA1,898,19 440.922 (4) (title) Physical alteration of cemetery merchandise.

SB55-SSA1-CA1, s. 3605qhe Section 3605qhe. 440.922 (5) (title) of the statutes is created to read:

SB55-SSA1-CA1,898,21 440.922 (5) (title) Undeveloped space sales.

SB55-SSA1-CA1, s. 3605qhg Section 3605qhg. 440.922 (6) (title) of the statutes is created to read:

SB55-SSA1-CA1,898,23 440.922 (6) (title) Interest assignments.

SB55-SSA1-CA1, s. 3605qhj Section 3605qhj. 440.922 (8) (title) of the statutes is created to read:

SB55-SSA1-CA1,898,25 440.922 (8) (title) Contract requirements.