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.
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-SA2,555,1412
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.
SB55-SSA1-SA2,556,419
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-SA2,556,156
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-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:
SB55-SSA1-SA2,556,2422
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-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.
SB55-SSA1-SA2,557,115
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-SA2,557,1513
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-SA2,557,2017
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.
SB55-SSA1-SA2,557,2422
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.
SB55-SSA1-SA2,558,10
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.
SB55-SSA1-SA2,560,107
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.
SB55-SSA1-SA2,560,1512
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.".
SB55-SSA1-SA2,561,87
560.031
(1) (bt) "High-volume industrial waste" has the meaning given in s.
8289.01 (17).
SB55-SSA1-SA2, s. 3619e
9Section 3619e. 560.031 (2) (a) of the statutes, as created by 1997 Wisconsin
10act 27, is amended to read:
SB55-SSA1-SA2,561,1211
560.031
(2) (a) At the request of the board, the department shall provide the
12financial assistance awarded by the board under subs. (3)
and, (4)
, and (4m).
SB55-SSA1-SA2,561,1514
560.031
(2) (b) 3. The department shall provide the financial assistance
15awarded under sub. (4m) from the appropriations under s. 20.143 (1) (hr) and (rr).
SB55-SSA1-SA2, s. 3619k
16Section 3619k. 560.031 (3) of the statutes, as created by 1997 Wisconsin act
1727, is renumbered 560.031 (3) (a).
SB55-SSA1-SA2,561,2219
560.031
(3) (bc) In awarding grants, loans, and manufacturing rebates under
20this subsection, the board shall give priority to projects that involve recovered
21materials that constitute a relatively high volume of solid waste generated in this
22state or that are hazardous to human health or the environment.
SB55-SSA1-SA2,562,5
1560.031
(3) (cm) Annually, the board shall allocate up to $200,000 in financial
2assistance under this subsection for forgivable loans for projects that have
3exceptional potential to meet one of the qualifying considerations under par. (a) 1.,
42., 3., or 4., but do not comply with the standard criteria established by the board or
5department for meeting its fiduciary responsibilities in managing state resources.
SB55-SSA1-SA2,562,117
560.031
(4m) The board may award a grant or loan under this subsection for
8a project to develop markets for high-volume industrial waste or to assist generators
9of high-volume industrial waste in marketing high-volume industrial waste. Before
10awarding a grant or loan, the board shall consider whether the project does all of the
11following:
SB55-SSA1-SA2,562,1312
(a) Maximizes the marketability of high-volume industrial waste on a
13statewide basis.
SB55-SSA1-SA2,562,1514
(b) Minimizes the amount of high-volume industrial waste disposed of in
15landfills.
SB55-SSA1-SA2,562,1716
(c) Maintains present markets or creates new or expanded markets for
17high-volume industrial waste.".
SB55-SSA1-SA2,562,2320
452.01
(3p) "Closing agent" means any person who coordinates the closing of
21a conveyance of real estate by ensuring that title to the real estate is transferred to
22the buyer and that the purchase price is transferred to the seller, except that "closing
23agent" does not include any of the following:
SB55-SSA1-SA2,563,2
1(a) A receiver, trustee, administrator, executor, guardian, or other person
2appointed by or acting under the judgment or order of any court.
SB55-SSA1-SA2,563,33
(b) A public officer while performing his or her official duties.
SB55-SSA1-SA2,563,44
(c) A depository institution.
SB55-SSA1-SA2,563,65
(d) An employee of a person specified in pars. (a) to (c) when the employee is
6engaged in the specific performance as such an employee.
SB55-SSA1-SA2,563,87
(e) An attorney licensed to practice in this state while acting within the scope
8of his or her attorney's license.
SB55-SSA1-SA2,563,20
10452.035 Closing agents. No person, including an escrow agent, as defined in
11s. 138.052 (5m) (a) or 707.49 (1) (d), may engage in the business or occupation of, or
12advertise or hold himself or herself out as, a closing agent unless the person is
13registered as a closing agent by the department. The department shall issue a
14certificate of registration as a closing agent to a person who submits an application
15to the department on a form provided by the department, pays the fee specified in
16s. 440.05 (1), and submits evidence satisfactory to the department that he or she is
17competent to act as a closing agent. Renewal applications shall be submitted to the
18department on a form provided by the department on or before the applicable
19renewal date specified under s. 440.08 (2) (a) and shall include the applicable
20renewal fee specified under s. 440.08 (2) (a).
SB55-SSA1-SA2,563,2322
452.05
(1) (a) Grant and issue licenses to brokers and salespersons and
23registrations to time-share salespersons
and closing agents.
SB55-SSA1-SA2,564,2
1452.11
(1) A nonresident may become a broker, salesperson
or, time-share
2salesperson
, or closing agent by conforming to all the provisions of this chapter.
SB55-SSA1-SA2,564,74
452.12
(6) (a) Any licensee, except a time-share salesperson registered under
5s. 452.025
or a closing agent registered under s. 452.035, may apply for registration
6as an inactive licensee on or before the license renewal date. This paragraph does
7not apply after October 31, 1995.
