SB55-SSA1-CA1, s. 3605oj
1Section 3605oj. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
2amended to read:
SB55-SSA1-CA1,895,73
440.926
(2) (b) The records under
par.
sub. (1) (b) 1. shall be permanently
4maintained by the preneed seller. The records under
par. sub. (1) (b) 2. shall be
5maintained for not less than 3 years after all of the obligations of the preneed sales
6contract have been fulfilled. The department may promulgate rules to establish
7longer time periods for maintaining records under this paragraph.
SB55-SSA1-CA1, s. 3605oL
8Section 3605oL. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
9amended to read:
SB55-SSA1-CA1,895,1210
440.926
(3) (a) The department may promulgate rules requiring preneed
11sellers registered under
sub. s. 440.92 (1) to maintain other records and establishing
12minimum time periods for the maintenance of those records.
SB55-SSA1-CA1, s. 3605on
13Section 3605on. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
14amended to read:
SB55-SSA1-CA1,895,2115
440.926
(4) Audits. The department may audit, at reasonable times and
16frequency, the records, trust funds
, and accounts of any preneed seller registered
17under
sub. s. 440.92 (1), including records, trust funds
, and accounts pertaining to
18services provided by a preneed seller which are not otherwise subject to the
19requirements under this
section subchapter. The department may conduct audits
20under this
paragraph subsection on a random basis, and shall conduct all audits
21under this
paragraph subsection without providing prior notice to the preneed seller.
SB55-SSA1-CA1, s. 3605op
22Section 3605op. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b)
23and amended to read:
SB55-SSA1-CA1,896,3
1440.926
(3) (b) The department may promulgate rules establishing a filing fee
2to accompany the report required under
par. sub. (1) (a). The filing fee shall be based
3on the approximate cost of regulating preneed sellers.
SB55-SSA1-CA1,896,20
6440.927 Approval of warehouses. No person may own or operate a
7warehouse unless the warehouse is approved by the department. Upon application,
8the department shall approve a warehouse that is located in this state if the person
9who operates the warehouse is licensed as a public warehouse keeper by the
10department of agriculture, trade and consumer protection under ch. 99, but may not
11approve a warehouse that is located in this state unless the person is so licensed. The
12department shall promulgate rules establishing the requirements for approval of
13warehouses that are located outside this state. The rules shall require warehouses
14that are located outside this state to file with the department a bond furnished by
15a surety company authorized to do business in this state in an amount that is
16sufficient to guarantee the delivery of cemetery merchandise to purchasers under
17preneed sales contracts. The department shall compile and keep a current list of the
18names and addresses of all warehouses approved under this
subsection section and
19shall make the list available for public inspection during the times specified in s.
20230.35 (4) (f).
SB55-SSA1-CA1,896,2322
440.92
(9) (title)
Exemptions; certification of compliance of religious
23cemetery affiliated with religious society
authorities.
SB55-SSA1-CA1,897,10
1440.92
(9) (a) If
the cemetery authority of a cemetery that is affiliated with a
2religious society organized under ch. 187 or that religious society
a religious
3cemetery authority or the church, synagogue, mosque, incorporated college of a
4religious order, or religious society organized under ch. 187 that is affiliated with a
5religious cemetery authority files an annual certification with the department as
6provided in this subsection, neither the
religious cemetery authority nor any
7employee of the cemetery is required to be registered as a cemetery preneed seller
8under sub. (1) during the period for which the certification is effective
, but the
9religious cemetery authority and any employee are required to comply, if applicable,
10with the requirements of s. 445.125.
SB55-SSA1-CA1,897,1712
440.92
(9) (b) 3. A notarized statement of a person who is legally authorized to
13act on behalf of the religious
society cemetery authority under this subsection that,
14during the 12-month period immediately preceding the date on which the
15certification is filed with the department, each employee specified under subd. 2. and
16the
religious cemetery authority have either fully complied or have substantially
17complied with
subs. (2), sub. (3) (a) and (b) and
(5) ss. 440.922 and 440.924.
SB55-SSA1-CA1,897,2219
440.92
(9) (c) If the statement under par. (b) 3. includes a statement of
20substantial compliance, the statement of substantial compliance must also specify
21those instances when the employee or
religious cemetery authority did not fully
22comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or 440.924.
SB55-SSA1-CA1,898,224
440.92
(9) (e) During the effective period specified under par. (d), the
25department may not audit the preneed trust funds or any records or accounts
1relating to the preneed trust funds of the
religious cemetery authority or any
2employee of the cemetery to which a certification under this subsection applies.
SB55-SSA1-CA1,898,104
440.92
(9) (f) The
church, synagogue, mosque, incorporated college of a
5religious order, or religious society that is affiliated with a cemetery to which a
6certification under this subsection applies is liable for the damages of any person
7that result from the failure of any employee specified under par. (b) 2. or the
religious 8cemetery authority to fully comply with sub.
(2), (3) (a) or (b) or
(5) s. 440.922 or
9440.924 during the 12-month period for which such compliance has been certified
10under this subsection.
SB55-SSA1-CA1,898,1512
440.92
(10) Exemptions; certain nonprofit cemeteries. This section does not
13apply to a cemetery authority that is not required to be registered under s. 440.91
14(1)
and, that is not organized or conducted for pecuniary profit
, and that does not
15operate a cemetery in a county with a population greater than 600,000.
SB55-SSA1-CA1,898,1717
440.922
(1) (title)
Delivery of cemetery merchandise.
SB55-SSA1-CA1,898,1919
440.922
(4) (title)
Physical alteration of cemetery merchandise.
SB55-SSA1-CA1,898,2121
440.922
(5) (title)
Undeveloped space sales.
SB55-SSA1-CA1,898,2323
440.922
(6) (title)
Interest assignments.
SB55-SSA1-CA1,898,2525
440.922
(8) (title)
Contract requirements.
SB55-SSA1-CA1,899,22
440.922
(10) (title)
Conflicting provisions.
SB55-SSA1-CA1,899,44
440.926
(1) (title)
Reports.
SB55-SSA1-CA1,899,66
440.926
(2) (title)
Records.
SB55-SSA1-CA1,899,88
440.926
(3) (title)
Rules.
SB55-SSA1-CA1,899,1210
440.93
(1) (b) Made a substantial misrepresentation or false promise to an
11individual to influence the individual to purchase
a cemetery lot, cemetery
12merchandise or
mausoleum a burial space.
SB55-SSA1-CA1,899,1714
440.93
(1) (c) Engaged in any practice relating to the
operation or management
15of a cemetery or the sale of
a cemetery lot, cemetery merchandise or
mausoleum a
16burial space which clearly demonstrates a lack of knowledge or ability to apply
17professional principles or skills.
SB55-SSA1-CA1,899,2319
440.93
(1) (d)
Subject to ss. 111.321, 111.322 and 111.335, been convicted of an
20offense Violated any law the circumstances of which substantially relate to the
21operation or management of a cemetery or the sale of
a cemetery lot, cemetery
22merchandise or
mausoleum a burial space.
A certified copy of a judgment of
23conviction is prima facie evidence of a violation.
SB55-SSA1-CA1,900,4
1440.93
(1) (f) Subject to ss. 111.321, 111.322
, and 111.34, engaged in any
2practice relating to the
operation or management of a cemetery or the sale of
a
3cemetery lot, cemetery merchandise or
mausoleum
a burial space while the person's
4ability to practice was impaired by
mental disease or defect or alcohol or other drugs.
SB55-SSA1-CA1,900,86
440.93
(1) (g) Violated this subchapter or
subch. II of ch. 157, any rule
7promulgated under this subchapter
or subch. II of ch. 157, or any order of the
8department.
SB55-SSA1-CA1,900,1410
440.93
(1m) The department may, in addition to or in lieu of a reprimand or
11revocation, limitation, suspension, or denial of a certificate of registration, assess
12against a person registered under this subchapter who has done anything specified
13in sub. (1) (a) to (g) a forfeiture of no more than $5,000 for each separate offense. Each
14day of continued violation constitutes a separate offense.
SB55-SSA1-CA1,900,1716
440.945
(1) (a) "Installed" means permanently affixed to a
cemetery lot burial
17space.
SB55-SSA1-CA1,901,419
440.945
(2) (a) Adopt regulations, consistent with this section and with
20standards that the cemetery authority uses for its own monument installations,
21prescribing requirements and procedures for the sale, delivery, installation
, or care
22of monuments, including requirements that each vendor provide reasonable advance
23notice to the cemetery authority of the date on which the vendor desires to install a
24monument; that each vendor carry worker's compensation insurance and a
25minimum amount of comprehensive general liability insurance, such minimum
1amount not to exceed $300,000; and that each owner of a
cemetery lot burial space 2pay all fees and other amounts due the cemetery authority to satisfy any
3encumbrances pertaining to the
cemetery lot burial space before a monument is
4installed.
SB55-SSA1-CA1,901,156
440.945
(2) (c) Charge either the owner of a
cemetery lot burial space or a
7vendor a reasonable fee to cover the cemetery authority's labor costs. In this
8paragraph, "labor costs" means the amount, calculated in accordance with generally
9accepted accounting principles and practices, that is payable to employees of the
10cemetery authority for wages and fringe benefits for the period that the employees
11were engaged in marking the location for and inspecting the installation of the
12monument to ensure that it was properly installed, and may include any general
13administrative or overhead costs of the cemetery authority or any other costs that
14are directly related to marking the location for and inspecting the installation of the
15monument to ensure that it was properly installed.
SB55-SSA1-CA1,901,2017
440.945
(3) (a) (intro.) Every cemetery authority shall keep on file and make
18available for inspection and copying to owners and prospective purchasers of
19cemetery lots burial spaces and to other interested persons all of the following
20information:
SB55-SSA1-CA1,901,2422
440.945
(4) (a) 1. Require the owner or purchaser of a
cemetery lot burial space 23to purchase a monument or services related to the installation of a monument from
24the cemetery authority.
SB55-SSA1-CA1,902,3
1440.945
(4) (a) 2. Restrict the right of the owner or purchaser of a
cemetery lot 2burial space to purchase a monument or services related to the installation of a
3monument from the vendor of his or her choice.
SB55-SSA1-CA1,902,115
440.945
(4) (a) 3. Except as provided in sub. (2) (c), charge the owner or
6purchaser of a
cemetery lot burial space a fee for purchasing a monument or services
7related to the installation of a monument from a vendor, or charge a vendor a fee for
8delivering or installing the monument. Nothing in this subdivision shall be
9construed to prohibit a cemetery authority from charging the owner or purchaser of
10a
cemetery lot burial space a reasonable fee for services relating to the care of a
11monument.
SB55-SSA1-CA1,902,1513
440.945
(4) (a) 4. Discriminate against any owner or purchaser of a
cemetery
14lot burial space who has purchased a monument or services related to the
15installation of a monument from a vendor.
SB55-SSA1-CA1,902,22
18440.948 Burial agreements. Any agreement for the purchase of a casket,
19outer burial container not preplaced into the burial excavation of a grave, or
20combination casket-outer burial container, that is not immediately required for the
21burial or other disposition of human remains, is subject to the requirements of s.
22445.125 (1).
SB55-SSA1-CA1,902,2524
440.95
(4) (c) Fails to file a report or files an incomplete, false
, or misleading
25report under s.
440.92 (6) 440.926.
SB55-SSA1-CA1,903,52
440.95
(5) Except as provided in sub. (4), any person who violates
s. ss. 440.92
3to 440.927 or any rule promulgated under
s. ss. 440.92
to 440.927 may be required
4to forfeit not more than $200 for each offense. Each day of continued violation
5constitutes a separate offense.".
SB55-SSA1-CA1,903,188
560.036
(2) (a) For the purposes of ss. 16.75 (3m),
16.854, 16.855 (10m), 16.87
9(2), 18.16, 18.64, 18.77,
25.17 (59), 25.185,
34.05 (4), 38.18, 43.17 (9) (a), 59.52 (29)
10(c), 59.57 (1) (b), 60.47 (7), 61.55 (3), 62.15 (1) (c), 66.0901 (6), 84.075, 84.076, 119.495
11(2),
120.12 (27), 200.49, 200.57,
229.46, 229.70, 229.8273, 229.845, 231.27
and,
12232.05 (2) (d), 234.01 (4n) (a) 3m. d., 234.35,
234.65 (1) (g), 252.12 (2) (c) 2., 560.038,
13560.039, and 560.80 to 560.85, the department shall establish and periodically
14update a list of certified minority businesses, minority financial advisers
, and
15minority investment firms. Any business, financial adviser
, or investment firm may
16apply to the department for certification. For purposes of this paragraph, unless the
17context otherwise requires, a "business" includes a financial adviser or investment
18firm.
SB55-SSA1-CA1,903,2220
560.036
(3) (a) The department shall promulgate rules establishing procedures
21to implement sub. (2).
Those rules shall include a rule prescribing a uniform
22application form for certification under sub. (2).
SB55-SSA1-CA1,904,6
1560.036
(3) (c) The department may promulgate rules establishing conditions
2with which a business, financial adviser
, or investment firm must comply to qualify
3for certification, in addition to the qualifications specified under sub. (1) (e), (ep)
, and
4(fm), respectively.
Those rules may not require that a business, financial adviser, or
5investment firm submit any income or franchise tax return to the department as a
6condition for qualification for certification.
SB55-SSA1-CA1,904,98
560.038
(1) (ar) "Minority business"
has the meaning given in s. 560.036 (1) (e) 9means a business that is certified by the department under s. 560.036 (2).
SB55-SSA1-CA1,904,1211
560.039
(1) (b) "Minority business"
has the meaning given in s. 560.036 (1) (e) 12means a business that is certified by the department under s. 560.036 (2).".
