SB55-SSA1-SA2,551,2222
440.922
(6) (title)
Interest assignments.
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440.922
(8) (title)
Contract requirements.
SB55-SSA1-SA2,552,1
1440.922
(10) (title)
Conflicting provisions.
SB55-SSA1-SA2,552,33
440.926
(1) (title)
Reports.
SB55-SSA1-SA2,552,55
440.926
(2) (title)
Records.
SB55-SSA1-SA2,552,77
440.926
(3) (title)
Rules.
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-SA2,553,14
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-SA2,553,2516
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-SA2,554,42
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-SA2,554,96
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.
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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.
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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-SA2,554,2320
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-SA2,555,3
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.
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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-SA2,555,1412
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-SA2,555,1716
440.945
(1) (a) "Installed" means permanently affixed to a
cemetery lot burial
17space.
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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.
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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-SA2,556,2017
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:
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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-SA2,557,3
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.
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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.
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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.
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440.945
(5) (a) If the
department
board has reason to believe that any person,
18other than a religious cemetery authority, is violating this section and that the
19continuation of that activity might cause injury to the public interest, the
20department may investigate.
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440.945
(5) (am) If the department has reason to believe that any religious
23cemetery authority is violating this section and that the continuation of that activity
24might cause injury to the public interest, the department may investigate.
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1440.945
(5) (b) The department of justice or any district attorney, upon
2informing the department of justice, may commence an action in circuit court in the
3name of the state to restrain by temporary or permanent injunction any violation of
4this section. The court may, prior to entry of final judgment, make such orders or
5judgments as may be necessary to restore to any person any pecuniary loss suffered
6because of the acts or practices involved in the action, if proof of such loss is submitted
7to the satisfaction of the court. The department of justice may subpoena persons and
8require the production of books and other documents, and may request the
9department of regulation and licensing
or board to exercise its authority under par.
10(a)
or (am) to aid in the investigation of alleged violations of this section.
SB55-SSA1-SA2,558,1913
440.947
(5) A person who sells a casket, outer burial container
, or cemetery
14merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least
15one year after the date of its last distribution to a prospective buyer and shall retain
16a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one
17year after completion of a sale. A person required to retain a copy under this
18subsection shall make the copy available for inspection by the department
or board 19upon request.
SB55-SSA1-SA2,558,25
21440.948 Burial agreements. Any agreement for the purchase of a casket,
22outer burial container not preplaced into the burial excavation of a grave, or
23combination casket-outer burial container, that is not immediately required for the
24burial or other disposition of human remains, is subject to the requirements of s.
25445.125 (1).
SB55-SSA1-SA2,559,6
2440.949 Rules; review of rules. (1) Before submitting any proposed rules
3relating to this subchapter, except for rules relating exclusively to religious cemetery
4authorities, to the legislative council staff under s. 227.15, the department shall
5submit the proposed rules to the board for comment. The board shall have 30 days
6to submit comments on the proposed rules to the secretary.
SB55-SSA1-SA2,559,10
7(2) When promulgating emergency rules under s. 227.24 relating to this
8subchapter, except for rules relating exclusively to religious cemetery authorities,
9the department shall provide a copy of the rules to the board prior to publication of
10the rules in the official state newspaper.
SB55-SSA1-SA2,559,14
11(3) The chairperson of the board, or his or her designee from the board, may
12cochair with the secretary, or the secretary's designee, any public hearing held by the
13department on proposed rules relating to this subchapter other than rules relating
14exclusively to religious cemetery authorities.
SB55-SSA1-SA2,559,24
15(4) The department shall submit to the board a copy of the report required
16under s. 227.19 (2) on any proposed final rules relating to this subchapter other than
17rules relating exclusively to religious cemetery authorities. The board may prepare
18a dissenting report stating its recommendations on the proposed final rules. Any
19dissenting report shall be prepared within 10 days from the date of receipt of the
20department's report, attached to the department's report and sent to the presiding
21officer of each house of the legislature and distributed under s. 227.19 (2). The
22department shall publish a statement to appear in the Wisconsin administrative
23register indicating that a dissenting report of the board has been submitted to the
24presiding officer of each house of the legislature.
SB55-SSA1-SA2,560,2
1(5) The department shall provide staff to assist the board in the review of
2administrative rules and preparation of comments or dissenting reports.
SB55-SSA1-SA2,560,54
440.95
(1) Any cemetery authority that is required to register under s. 440.91
5(1) (1m) and that knowingly fails to register may be fined not more than $100.
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440.95
(1m) Any cemetery authority that, without a license granted under s.
8440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery
9during a calendar year or has $100,000 or more in trust fund accounts for a cemetery
10may be fined not more than $100.
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440.95
(2) Any
individual who person that is required to
register be licensed 13as a cemetery salesperson under s. 440.91 (2) and
who fails to register that is not
14licensed may be fined not less than $25 nor more than $200 or imprisoned for not
15more than 6 months or both.
SB55-SSA1-SA2,560,1917
440.95
(2m) Any person that is required to be licensed as a preneed seller under
18s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or
19imprisoned for not more than 90 days or both.
SB55-SSA1-SA2,560,2322
440.95
(4) (c) Fails to file a report or files an incomplete, false
, or misleading
23report under s.
440.92 (6) 440.926.
SB55-SSA1-SA2,561,4
1440.95
(5) Except as provided in sub. (4), any person who violates
s. ss. 440.92
2to 440.927 or any rule promulgated under
s. ss. 440.92
to 440.927 may be required
3to forfeit not more than $200 for each offense. Each day of continued violation
4constitutes a separate offense.".
