Amendment CA1-SSA1-SB55

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.

SB55-SSA1-CA1, s. 3605qhk Section 3605qhk. 440.922 (10) (title) of the statutes is created to read:

SB55-SSA1-CA1,899,2 440.922 (10) (title) Conflicting provisions.

SB55-SSA1-CA1, s. 3605qj Section 3605qj. 440.926 (1) (title) of the statutes is created to read:

SB55-SSA1-CA1,899,4 440.926 (1) (title) Reports.

SB55-SSA1-CA1, s. 3605qjd Section 3605qjd. 440.926 (2) (title) of the statutes is created to read:

SB55-SSA1-CA1,899,6 440.926 (2) (title) Records.

SB55-SSA1-CA1, s. 3605qjf Section 3605qjf. 440.926 (3) (title) of the statutes is created to read:

SB55-SSA1-CA1,899,8 440.926 (3) (title) Rules.

SB55-SSA1-CA1, s. 3605qr Section 3605qr. 440.93 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,899,12 440.93 (1) (b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum a burial space.

SB55-SSA1-CA1, s. 3605qt Section 3605qt. 440.93 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,899,17 440.93 (1) (c) Engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills.

SB55-SSA1-CA1, s. 3605qx Section 3605qx. 440.93 (1) (d) of the statutes is amended to read:

SB55-SSA1-CA1,899,23 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense Violated any law the circumstances of which substantially relate to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space. A certified copy of a judgment of conviction is prima facie evidence of a violation.

SB55-SSA1-CA1, s. 3605qz Section 3605qz. 440.93 (1) (f) of the statutes is amended to read:

SB55-SSA1-CA1,900,4 440.93 (1) (f) Subject to ss. 111.321, 111.322 , and 111.34, engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space while the person's ability to practice was impaired by mental disease or defect or alcohol or other drugs.

SB55-SSA1-CA1, s. 3605sb Section 3605sb. 440.93 (1) (g) of the statutes is amended to read:

SB55-SSA1-CA1,900,8 440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule promulgated under this subchapter or subch. II of ch. 157, or any order of the department.

SB55-SSA1-CA1, s. 3605sd Section 3605sd. 440.93 (1m) of the statutes is created to read:

SB55-SSA1-CA1,900,14 440.93 (1m) The department may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a certificate of registration, assess against a person registered under this subchapter who has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000 for each separate offense. Each day of continued violation constitutes a separate offense.

SB55-SSA1-CA1, s. 3605sh Section 3605sh. 440.945 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,900,17 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial space.

SB55-SSA1-CA1, s. 3605sj Section 3605sj. 440.945 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,901,4 440.945 (2) (a) Adopt regulations, consistent with this section and with standards that the cemetery authority uses for its own monument installations, prescribing requirements and procedures for the sale, delivery, installation, or care of monuments, including requirements that each vendor provide reasonable advance notice to the cemetery authority of the date on which the vendor desires to install a monument; that each vendor carry worker's compensation insurance and a minimum amount of comprehensive general liability insurance, such minimum amount not to exceed $300,000; and that each owner of a cemetery lot burial space pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot burial space before a monument is installed.

SB55-SSA1-CA1, s. 3605sL Section 3605sL. 440.945 (2) (c) of the statutes is amended to read:

SB55-SSA1-CA1,901,15 440.945 (2) (c) Charge either the owner of a cemetery lot burial space or a vendor a reasonable fee to cover the cemetery authority's labor costs. In this paragraph, "labor costs" means the amount, calculated in accordance with generally accepted accounting principles and practices, that is payable to employees of the cemetery authority for wages and fringe benefits for the period that the employees were engaged in marking the location for and inspecting the installation of the monument to ensure that it was properly installed, and may include any general administrative or overhead costs of the cemetery authority or any other costs that are directly related to marking the location for and inspecting the installation of the monument to ensure that it was properly installed.

SB55-SSA1-CA1, s. 3605sn Section 3605sn. 440.945 (3) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,901,20 440.945 (3) (a) (intro.) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots burial spaces and to other interested persons all of the following information:

SB55-SSA1-CA1, s. 3605sp Section 3605sp. 440.945 (4) (a) 1. of the statutes is amended to read:

SB55-SSA1-CA1,901,24 440.945 (4) (a) 1. Require the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the cemetery authority.

SB55-SSA1-CA1, s. 3605sr Section 3605sr. 440.945 (4) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,902,3 440.945 (4) (a) 2. Restrict the right of the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the vendor of his or her choice.

SB55-SSA1-CA1, s. 3605st Section 3605st. 440.945 (4) (a) 3. of the statutes is amended to read:

SB55-SSA1-CA1,902,11 440.945 (4) (a) 3. Except as provided in sub. (2) (c), charge the owner or purchaser of a cemetery lot burial space a fee for purchasing a monument or services related to the installation of a monument from a vendor, or charge a vendor a fee for delivering or installing the monument. Nothing in this subdivision shall be construed to prohibit a cemetery authority from charging the owner or purchaser of a cemetery lot burial space a reasonable fee for services relating to the care of a monument.

SB55-SSA1-CA1, s. 3605sv Section 3605sv. 440.945 (4) (a) 4. of the statutes is amended to read:

SB55-SSA1-CA1,902,15 440.945 (4) (a) 4. Discriminate against any owner or purchaser of a cemetery lot burial space who has purchased a monument or services related to the installation of a monument from a vendor.

SB55-SSA1-CA1, s. 3605ud Section 3605ud. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).

SB55-SSA1-CA1, s. 3605uh Section 3605uh. 440.948 of the statutes is created to read:

SB55-SSA1-CA1,902,22 440.948 Burial agreements. Any agreement for the purchase of a casket, outer burial container not preplaced into the burial excavation of a grave, or combination casket-outer burial container, that is not immediately required for the burial or other disposition of human remains, is subject to the requirements of s. 445.125 (1).

SB55-SSA1-CA1, s. 3605uv Section 3605uv. 440.95 (4) (c) of the statutes is amended to read:

SB55-SSA1-CA1,902,25 440.95 (4) (c) Fails to file a report or files an incomplete, false, or misleading report under s. 440.92 (6) 440.926.

SB55-SSA1-CA1, s. 3605ux Section 3605ux. 440.95 (5) of the statutes is amended to read:

SB55-SSA1-CA1,903,5 440.95 (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-SSA1-CA1,903,6 1438. Page 1156, line 7: after that line insert:

SB55-SSA1-CA1,903,7 " Section 3619sd. 560.036 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,903,18 560.036 (2) (a) For the purposes of ss. 16.75 (3m), 16.854, 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.17 (59), 25.185, 34.05 (4), 38.18, 43.17 (9) (a), 59.52 (29) (c), 59.57 (1) (b), 60.47 (7), 61.55 (3), 62.15 (1) (c), 66.0901 (6), 84.075, 84.076, 119.495 (2), 120.12 (27), 200.49, 200.57, 229.46, 229.70, 229.8273, 229.845, 231.27 and, 232.05 (2) (d), 234.01 (4n) (a) 3m. d., 234.35, 234.65 (1) (g), 252.12 (2) (c) 2., 560.038, 560.039, and 560.80 to 560.85, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers, and minority investment firms. Any business, financial adviser, or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

SB55-SSA1-CA1, s. 3619sg Section 3619sg. 560.036 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,903,22 560.036 (3) (a) The department shall promulgate rules establishing procedures to implement sub. (2). Those rules shall include a rule prescribing a uniform application form for certification under sub. (2).

SB55-SSA1-CA1, s. 3619sj Section 3619sj. 560.036 (3) (c) of the statutes is amended to read:

SB55-SSA1-CA1,904,6 560.036 (3) (c) The department may promulgate rules establishing conditions with which a business, financial adviser, or investment firm must comply to qualify for certification, in addition to the qualifications specified under sub. (1) (e), (ep), and (fm), respectively. Those rules may not require that a business, financial adviser, or investment firm submit any income or franchise tax return to the department as a condition for qualification for certification.

SB55-SSA1-CA1, s. 3619sm Section 3619sm. 560.038 (1) (ar) of the statutes is amended to read:

SB55-SSA1-CA1,904,9 560.038 (1) (ar) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department under s. 560.036 (2).

SB55-SSA1-CA1, s. 3619sp Section 3619sp. 560.039 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,904,12 560.039 (1) (b) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department under s. 560.036 (2).".

SB55-SSA1-CA1,904,13 1439. Page 1156, line 7: after that line insert:

SB55-SSA1-CA1,904,14 " Section 3619w. 560.06 (2) of the statutes is amended to read:

SB55-SSA1-CA1,904,22 560.06 (2) In each fiscal year 1999-2000, the department may shall provide up to $100,000 from the appropriations under s. 20.143 (1) (c) and (ie) in assistance to a the nonprofit organization specified in sub. (1) that provides assistance to organizations and individuals in urban areas. Notwithstanding sub. (1), the department shall use the moneys authorized under this subsection in accordance with the memorandum of understanding under sub. (1) and shall ensure that the nonprofit organization provides assistance to organizations and individuals in an area that includes the city of Beloit.".

SB55-SSA1-CA1,904,23 1440. Page 1156, line 7: delete that line and substitute:

SB55-SSA1-CA1,905,2 " Section 3619k. 560.031 (3) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.031 (3) (am).

SB55-SSA1-CA1, s. 3619m Section 3619m. 560.031 (3) (bc) of the statutes is created to read:

SB55-SSA1-CA1,905,7 560.031 (3) (bc) In awarding grants, loans, and manufacturing rebates under this subsection, the board shall give priority to projects that involve recovered materials that constitute a relatively high volume of solid waste generated in this state or that are hazardous to human health or the environment.

SB55-SSA1-CA1, s. 3619n Section 3619n. 560.031 (3) (cm) of the statutes is created to read:

SB55-SSA1-CA1,905,13 560.031 (3) (cm) Annually, the board shall allocate up to $200,000 in financial assistance under this subsection for forgivable loans for projects that have exceptional potential to meet one of the qualifying considerations under par. (am) 1., 2., 3., or 4., but do not comply with the standard criteria established by the board or department for meeting its fiduciary responsibilities in managing state resources.

SB55-SSA1-CA1, s. 3619s Section 3619s. 560.031 (6m) of the statutes is created to read:

SB55-SSA1-CA1,905,17 560.031 (6m) Annually, in consultation with the council on recycling, the board shall establish a list of materials recovered from solid waste for which the board may award financial assistance.".

SB55-SSA1-CA1,905,18 1441. Page 1162, line 8: delete lines 8 to 10.