SB55-SSA1-SA2,546,99 440.92 (4) (title) Exceptions to registration licensure requirement.
SB55-SSA1-SA2, s. 3605mr 10Section 3605mr. 440.92 (4) (a) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,546,1511 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery
12merchandise under a preneed sales contract is not required to be registered licensed
13under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if
14all payments received under the preneed sales contract are trusted as required under
15s. 445.125 (1) (a) 1. or if all of the following conditions are met:
SB55-SSA1-SA2, s. 3605mt 16Section 3605mt. 440.92 (4) (b) of the statutes is amended to read:
SB55-SSA1-SA2,546,2217 440.92 (4) (b) If any preneed seller who is not registered licensed under sub.
18(1) accepts a payment under a preneed sales contract and the merchandise is not
19delivered within 180 days after the date of the sale, the preneed seller shall
20immediately notify the purchaser that the purchaser is entitled to a refund of all
21money paid by the purchaser, together with interest calculated at the legal rate of
22interest as provided under s. 138.04, at any time before the merchandise is delivered.
SB55-SSA1-SA2, s. 3605mv 23Section 3605mv. 440.92 (5) of the statutes is renumbered 440.924.
SB55-SSA1-SA2, s. 3605mx 24Section 3605mx. 440.92 (6) (title) of the statutes is renumbered 440.926 (title)
25and amended to read:
SB55-SSA1-SA2,547,2
1440.926 (title) Reporting; Preneed seller reporting and record keeping ;
2audits
.
SB55-SSA1-SA2, s. 3605mz 3Section 3605mz. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a)
4and amended to read:
SB55-SSA1-SA2,547,105 440.926 (1) (a) Every preneed seller registered licensed under sub. s. 440.92
6(1) shall file an annual report with the department. The report shall be made on a
7form prescribed and furnished by the department. The report shall be made on a
8calendar-year basis unless the department, by rule, provides for other reporting
9periods. The report is due on or before the 60th day after the last day of the reporting
10period.
SB55-SSA1-SA2, s. 3605ob 11Section 3605ob. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926
12(1) (b) and (c).
SB55-SSA1-SA2, s. 3605od 13Section 3605od. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c)
14and amended to read:
SB55-SSA1-SA2,547,2015 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and
16maintained by the department are confidential and are not available for inspection
17or copying under s. 19.35 (1). This paragraph does not apply to any information
18regarding the name, address, or employer of or financial information related to an
19individual that is requested under s. 49.22 (2m) by the department of workforce
20development or a county child support agency under s. 59.53 (5).
SB55-SSA1-SA2, s. 3605of 21Section 3605of. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926
22(1) (d) and (e).
SB55-SSA1-SA2, s. 3605oh 23Section 3605oh. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a),
24and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:
SB55-SSA1-SA2,548,2
1440.926 (2) (a) 1. The records needed to prepare the reports required under par.
2sub. (1) (a).
SB55-SSA1-SA2,548,53 2. Records that show, for each deposit in a trust fund or account specified in
4pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed
5sales contract relating to the deposit and the item purchased.
SB55-SSA1-SA2, s. 3605oj 6Section 3605oj. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and
7amended to read:
SB55-SSA1-SA2,548,128 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently
9maintained by the preneed seller. The records under par. sub. (1) (b) 2. shall be
10maintained for not less than 3 years after all of the obligations of the preneed sales
11contract have been fulfilled. The department may promulgate rules to establish
12longer time periods for maintaining records under this paragraph.
SB55-SSA1-SA2, s. 3605oL 13Section 3605oL. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and
14amended to read:
SB55-SSA1-SA2,548,1715 440.926 (3) (a) The department may promulgate rules requiring preneed
16sellers registered licensed under sub. s. 440.92 (1) to maintain other records and
17establishing minimum time periods for the maintenance of those records.
SB55-SSA1-SA2, s. 3605on 18Section 3605on. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and
19amended to read:
SB55-SSA1-SA2,549,220 440.926 (4) Audits. The department may audit, at reasonable times and
21frequency, the records, trust funds, and accounts of any preneed seller registered
22licensed under sub. s. 440.92 (1), including records, trust funds, and accounts
23pertaining to services provided by a preneed seller which are not otherwise subject
24to the requirements under this section subchapter. The department may conduct
25audits under this paragraph subsection on a random basis, and shall conduct all

1audits under this paragraph subsection without providing prior notice to the preneed
2seller.
SB55-SSA1-SA2, s. 3605op 3Section 3605op. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b)
4and amended to read:
SB55-SSA1-SA2,549,75 440.926 (3) (b) The department may promulgate rules establishing a filing fee
6to accompany the report required under par. sub. (1) (a). The filing fee shall be based
7on the approximate cost of regulating preneed sellers.
SB55-SSA1-SA2, s. 3605or 8Section 3605or. 440.92 (7) of the statutes is renumbered 440.927 and
9amended to read:
SB55-SSA1-SA2,549,24 10440.927 Approval of warehouses. No person may own or operate a
11warehouse located inside or outside this state unless the warehouse is approved by
12the department. Upon application, the department shall approve a warehouse that
13is located in this state if the person who operates the warehouse is licensed as a public
14warehouse keeper by the department of agriculture, trade and consumer protection
15under ch. 99, but may not approve a warehouse that is located in this state unless
16the person is so licensed.
The department shall promulgate rules establishing the
17requirements for approval of warehouses that are located outside this state under
18this section
. The rules shall require warehouses that are located outside this state
19to file with the department a bond furnished by a surety company authorized to do
20business in this state in an amount that is sufficient to guarantee the delivery of
21cemetery merchandise to purchasers under preneed sales contracts. The
22department shall compile and keep a current list of the names and addresses of all
23warehouses approved under this subsection section and shall make the list available
24for public inspection during the times specified in s. 230.35 (4) (f).
SB55-SSA1-SA2, s. 3605ot 25Section 3605ot. 440.92 (9) (title) of the statutes is amended to read:
SB55-SSA1-SA2,550,2
1440.92 (9) (title) Exemptions; certification of compliance of religious
2cemetery
affiliated with religious society authorities.
SB55-SSA1-SA2, s. 3605ov 3Section 3605ov. 440.92 (9) (a) of the statutes is amended to read:
SB55-SSA1-SA2,550,134 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a
5religious society organized under ch. 187 or that religious society
a religious
6cemetery authority or the church, synagogue, mosque, incorporated college of a
7religious order, or religious society organized under ch. 187 that is affiliated with a
8religious cemetery authority
files an annual certification with the department as
9provided in this subsection, neither the religious cemetery authority nor any
10employee of the cemetery is required to be registered licensed as a cemetery preneed
11seller under sub. (1) during the period for which the certification is effective, but the
12religious cemetery authority and any employee are required to comply, if applicable,
13with the requirements of s. 445.125
.
SB55-SSA1-SA2, s. 3605ox 14Section 3605ox. 440.92 (9) (b) 3. of the statutes is amended to read:
SB55-SSA1-SA2,550,2015 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to
16act on behalf of the religious society cemetery authority under this subsection that,
17during the 12-month period immediately preceding the date on which the
18certification is filed with the department, each employee specified under subd. 2. and
19the religious cemetery authority have either fully complied or have substantially
20complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 440.924.
SB55-SSA1-SA2, s. 3605oz 21Section 3605oz. 440.92 (9) (c) of the statutes is amended to read:
SB55-SSA1-SA2,550,2522 440.92 (9) (c) If the statement under par. (b) 3. includes a statement of
23substantial compliance, the statement of substantial compliance must also specify
24those instances when the employee or religious cemetery authority did not fully
25comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.
SB55-SSA1-SA2, s. 3605qb
1Section 3605qb. 440.92 (9) (e) of the statutes is amended to read:
SB55-SSA1-SA2,551,52 440.92 (9) (e) During the effective period specified under par. (d), the
3department may not audit the preneed trust funds or any records or accounts
4relating to the preneed trust funds of the religious cemetery authority or any
5employee of the cemetery to which a certification under this subsection applies.
SB55-SSA1-SA2, s. 3605qd 6Section 3605qd. 440.92 (9) (f) of the statutes is amended to read:
SB55-SSA1-SA2,551,137 440.92 (9) (f) The church, synagogue, mosque, incorporated college of a
8religious order, or
religious society that is affiliated with a cemetery to which a
9certification under this subsection applies is liable for the damages of any person
10that result from the failure of any employee specified under par. (b) 2. or the religious
11cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or
12440.924
during the 12-month period for which such compliance has been certified
13under this subsection.
SB55-SSA1-SA2, s. 3605qf 14Section 3605qf. 440.92 (10) of the statutes is repealed.
SB55-SSA1-SA2, s. 3605qh 15Section 3605qh. 440.922 (1) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,1616 440.922 (1) (title) Delivery of cemetery merchandise.
SB55-SSA1-SA2, s. 3605qhc 17Section 3605qhc. 440.922 (4) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,1818 440.922 (4) (title) Physical alteration of cemetery merchandise.
SB55-SSA1-SA2, s. 3605qhe 19Section 3605qhe. 440.922 (5) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2020 440.922 (5) (title) Undeveloped space sales.
SB55-SSA1-SA2, s. 3605qhg 21Section 3605qhg. 440.922 (6) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2222 440.922 (6) (title) Interest assignments.
SB55-SSA1-SA2, s. 3605qhj 23Section 3605qhj. 440.922 (8) (title) of the statutes is created to read:
SB55-SSA1-SA2,551,2424 440.922 (8) (title) Contract requirements.
SB55-SSA1-SA2, s. 3605qhk 25Section 3605qhk. 440.922 (10) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,1
1440.922 (10) (title) Conflicting provisions.
SB55-SSA1-SA2, s. 3605qj 2Section 3605qj. 440.926 (1) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,33 440.926 (1) (title) Reports.
SB55-SSA1-SA2, s. 3605qjd 4Section 3605qjd. 440.926 (2) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,55 440.926 (2) (title) Records.
SB55-SSA1-SA2, s. 3605qjf 6Section 3605qjf. 440.926 (3) (title) of the statutes is created to read:
SB55-SSA1-SA2,552,77 440.926 (3) (title) Rules.
SB55-SSA1-SA2, s. 3605qL 8Section 3605qL. 440.928 of the statutes is created to read:
SB55-SSA1-SA2,552,9 9440.928 Burial space purchase agreements. (1) In this section:
SB55-SSA1-SA2,552,1010 (a) "Cemetery authority" does not include a religious cemetery authority.
SB55-SSA1-SA2,552,1211 (b) "Opening or closing fees" means fees charged by a cemetery authority for
12opening or closing a burial space.
SB55-SSA1-SA2,552,1413 (c) "Purchase agreement" means an agreement for the purchase of a burial
14space.
SB55-SSA1-SA2,552,17 15(2) Before entering into a purchase agreement, a cemetery authority shall
16disclose to the purchaser any opening or closing fees charged by the cemetery
17authority.
SB55-SSA1-SA2,552,19 18(3) A purchase agreement shall be in writing and shall include each of the
19following:
SB55-SSA1-SA2,552,2320 (a) The terms and conditions and any other pertinent information regarding
21the purchase, including the price of the burial space, any perpetual care
22requirements, and any resale, inheritor, cancellation, or refund rights under the
23agreement.
SB55-SSA1-SA2,553,224 (b) A description of all goods and services that are reasonably expected to be
25required at the time of need that are not subject to the purchase agreement,

1including opening and closing fees and any additional fees for weekend, holiday, or
2after hours burial.
SB55-SSA1-SA2,553,9 3(4) A cemetery authority shall assign a serial number to each purchase
4agreement that it enters into, maintain file copies in numerical order according to
5the serial number and enter the serial number and a description of each purchase
6agreement into a sales journal. Any additional purchase by a purchaser more than
730 days after entering a purchase agreement shall be the subject of a separate
8purchase agreement with a separate serial number that is the current unused serial
9number in consecutive order.
SB55-SSA1-SA2, s. 3605qn 10Section 3605qn. 440.929 of the statutes is created to read:
SB55-SSA1-SA2,553,14 11440.929 Rules. The department shall promulgate rules that establish a code
12of ethics to govern the professional conduct of cemetery authorities licensed under
13s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers
14licensed under s. 440.92 (1).
SB55-SSA1-SA2, s. 3605qp 15Section 3605qp. 440.93 (1) (intro.) of the statutes is amended to read:
SB55-SSA1-SA2,553,2516 440.93 (1) (intro.) The department may deny a certificate of licensure or
17registration of a cemetery authority, cemetery salesperson, or preneed seller and the
18board may
reprimand a licensee or registrant or deny, limit, suspend, or revoke a
19certificate of licensure or registration a cemetery authority, cemetery salesperson or
20preneed seller if it
if the department or board, respectively, finds that the applicant,
21licensee,
or registrant, or, if the applicant, licensee, or registrant, is an association,
22partnership, limited liability company, or corporation, any officer, director, trustee,
23member, or shareholder who beneficially owns, holds , or has the power to vote 5% or
24more of any class of security issued by the applicant, licensee, or registrant, has done
25any of the following:
SB55-SSA1-SA2, s. 3605qr
1Section 3605qr. 440.93 (1) (b) of the statutes is amended to read:
SB55-SSA1-SA2,554,42 440.93 (1) (b) Made a substantial misrepresentation or false promise to an
3individual to influence the individual to purchase a cemetery lot, cemetery
4merchandise or mausoleum a burial space.
SB55-SSA1-SA2, s. 3605qt 5Section 3605qt. 440.93 (1) (c) of the statutes is amended to read:
SB55-SSA1-SA2,554,96 440.93 (1) (c) Engaged in any practice relating to the operation or management
7of a cemetery or the
sale of a cemetery lot, cemetery merchandise or mausoleum a
8burial
space which clearly demonstrates a lack of knowledge or ability to apply
9professional principles or skills.
SB55-SSA1-SA2, s. 3605qv 10Section 3605qv. 440.93 (1) (cm) of the statutes is created to read:
SB55-SSA1-SA2,554,1211 440.93 (1) (cm) Engaged in unprofessional or unethical conduct in violation of
12the code of ethics established in the rules promulgated under s. 440.929.
SB55-SSA1-SA2, s. 3605qx 13Section 3605qx. 440.93 (1) (d) of the statutes is amended to read:
SB55-SSA1-SA2,554,1814 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an
15offense
Violated any law the circumstances of which substantially relate to the
16operation or management of a cemetery or the sale of a cemetery lot, cemetery
17merchandise or mausoleum a burial space. A certified copy of a judgment of
18conviction is prima facie evidence of a violation.
SB55-SSA1-SA2, s. 3605qz 19Section 3605qz. 440.93 (1) (f) of the statutes is amended to read:
SB55-SSA1-SA2,554,2320 440.93 (1) (f) Subject to ss. 111.321, 111.322, and 111.34, engaged in any
21practice relating to the operation or management of a cemetery or the sale of a
22cemetery lot,
cemetery merchandise or mausoleum a burial space while the person's
23ability to practice was impaired by mental disease or defect or alcohol or other drugs.
SB55-SSA1-SA2, s. 3605sb 24Section 3605sb. 440.93 (1) (g) of the statutes is amended to read:
SB55-SSA1-SA2,555,3
1440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule
2promulgated under this subchapter or subch. II of ch. 157, or any order of the
3department or the board
.
SB55-SSA1-SA2, s. 3605sd 4Section 3605sd. 440.93 (1m) of the statutes is created to read:
SB55-SSA1-SA2,555,105 440.93 (1m) The board may, in addition to or in lieu of a reprimand or
6revocation, limitation, suspension, or denial of a certificate of registration or
7licensure, assess against a person licensed or registered under this subchapter who
8has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000
9for each separate offense. Each day of continued violation constitutes a separate
10offense.
SB55-SSA1-SA2, s. 3605sf 11Section 3605sf. 440.93 (2) of the statutes is amended to read:
SB55-SSA1-SA2,555,1412 440.93 (2) The department board shall determine in each case the period that
13a limitation, suspension, or revocation of a certificate is effective. This subsection
14does not apply to a limitation or suspension under s. 440.13 (2) (a).
SB55-SSA1-SA2, s. 3605sh 15Section 3605sh. 440.945 (1) (a) of the statutes is amended to read:
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