Amendment CA1-SSA1-SB55

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.

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: