Amendment SA2-SSA1-SB55

SB55-SSA1-SA2, s. 3605sz Section 3605sz. 440.945 (5) (am) of the statutes is created to read:

SB55-SSA1-SA2,557,24 440.945 (5) (am) If the department has reason to believe that any religious cemetery authority is violating this section and that the continuation of that activity might cause injury to the public interest, the department may investigate.

SB55-SSA1-SA2, s. 3605ub Section 3605ub. 440.945 (5) (b) of the statutes is amended to read:

SB55-SSA1-SA2,558,10 440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing or board to exercise its authority under par. (a) or (am) to aid in the investigation of alleged violations of this section.

SB55-SSA1-SA2, s. 3605ud Section 3605ud. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).

SB55-SSA1-SA2, s. 3605uf Section 3605uf. 440.947 (5) of the statutes is amended to read:

SB55-SSA1-SA2,558,19 440.947 (5) A person who sells a casket, outer burial container, or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department or board upon request.

SB55-SSA1-SA2, s. 3605uh Section 3605uh. 440.948 of the statutes is created to read:

SB55-SSA1-SA2,558,25 440.948 Burial agreements. Any agreement for the purchase of a casket, outer burial container not preplaced into the burial excavation of a grave, or combination casket-outer burial container, that is not immediately required for the burial or other disposition of human remains, is subject to the requirements of s. 445.125 (1).

SB55-SSA1-SA2, s. 3605uj Section 3605uj. 440.949 of the statutes is created to read:

SB55-SSA1-SA2,559,6 440.949 Rules; review of rules. (1) Before submitting any proposed rules relating to this subchapter, except for rules relating exclusively to religious cemetery authorities, to the legislative council staff under s. 227.15, the department shall submit the proposed rules to the board for comment. The board shall have 30 days to submit comments on the proposed rules to the secretary.

SB55-SSA1-SA2,559,10 (2) When promulgating emergency rules under s. 227.24 relating to this subchapter, except for rules relating exclusively to religious cemetery authorities, the department shall provide a copy of the rules to the board prior to publication of the rules in the official state newspaper.

SB55-SSA1-SA2,559,14 (3) The chairperson of the board, or his or her designee from the board, may cochair with the secretary, or the secretary's designee, any public hearing held by the department on proposed rules relating to this subchapter other than rules relating exclusively to religious cemetery authorities.

SB55-SSA1-SA2,559,24 (4) The department shall submit to the board a copy of the report required under s. 227.19 (2) on any proposed final rules relating to this subchapter other than rules relating exclusively to religious cemetery authorities. The board may prepare a dissenting report stating its recommendations on the proposed final rules. Any dissenting report shall be prepared within 10 days from the date of receipt of the department's report, attached to the department's report and sent to the presiding officer of each house of the legislature and distributed under s. 227.19 (2). The department shall publish a statement to appear in the Wisconsin administrative register indicating that a dissenting report of the board has been submitted to the presiding officer of each house of the legislature.

SB55-SSA1-SA2,560,2 (5) The department shall provide staff to assist the board in the review of administrative rules and preparation of comments or dissenting reports.

SB55-SSA1-SA2, s. 3605uL Section 3605uL. 440.95 (1) of the statutes is amended to read:

SB55-SSA1-SA2,560,5 440.95 (1) Any cemetery authority that is required to register under s. 440.91 (1) (1m) and that knowingly fails to register may be fined not more than $100.

SB55-SSA1-SA2, s. 3605un Section 3605un. 440.95 (1m) of the statutes is created to read:

SB55-SSA1-SA2,560,10 440.95 (1m) Any cemetery authority that, without a license granted under s. 440.91 (1), sells 10 or more burial, mausoleum, or columbarium spaces at a cemetery during a calendar year or has $100,000 or more in trust fund accounts for a cemetery may be fined not more than $100.

SB55-SSA1-SA2, s. 3605up Section 3605up. 440.95 (2) of the statutes is amended to read:

SB55-SSA1-SA2,560,15 440.95 (2) Any individual who person that is required to register be licensed as a cemetery salesperson under s. 440.91 (2) and who fails to register that is not licensed may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.

SB55-SSA1-SA2, s. 3605ur Section 3605ur. 440.95 (2m) of the statutes is created to read:

SB55-SSA1-SA2,560,19 440.95 (2m) Any person that is required to be licensed as a preneed seller under s. 440.92 (1) (a) and that is not licensed may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB55-SSA1-SA2, s. 3605ut Section 3605ut. 440.95 (4) (a) of the statutes is repealed.

SB55-SSA1-SA2, s. 3605uv Section 3605uv. 440.95 (4) (c) of the statutes is amended to read:

SB55-SSA1-SA2,560,23 440.95 (4) (c) Fails to file a report or files an incomplete, false, or misleading report under s. 440.92 (6) 440.926.

SB55-SSA1-SA2, s. 3605ux Section 3605ux. 440.95 (5) of the statutes is amended to read:

SB55-SSA1-SA2,561,4 440.95 (5) Except as provided in sub. (4), any person who violates s. ss. 440.92 to 440.927 or any rule promulgated under s. ss. 440.92 to 440.927 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.".

SB55-SSA1-SA2,561,5 1248. Page 1156, line 6: after that line insert:

SB55-SSA1-SA2,561,6 " Section 3619c. 560.031 (1) (bt) of the statutes is created to read:

SB55-SSA1-SA2,561,8 560.031 (1) (bt) "High-volume industrial waste" has the meaning given in s. 289.01 (17).

SB55-SSA1-SA2, s. 3619e Section 3619e. 560.031 (2) (a) of the statutes, as created by 1997 Wisconsin act 27, is amended to read:

SB55-SSA1-SA2,561,12 560.031 (2) (a) At the request of the board, the department shall provide the financial assistance awarded by the board under subs. (3) and, (4), and (4m).

SB55-SSA1-SA2, s. 3619g Section 3619g. 560.031 (2) (b) 3. of the statutes is created to read:

SB55-SSA1-SA2,561,15 560.031 (2) (b) 3. The department shall provide the financial assistance awarded under sub. (4m) from the appropriations under s. 20.143 (1) (hr) and (rr).

SB55-SSA1-SA2, s. 3619k Section 3619k. 560.031 (3) of the statutes, as created by 1997 Wisconsin act 27, is renumbered 560.031 (3) (a).

SB55-SSA1-SA2, s. 3619m Section 3619m. 560.031 (3) (bc) of the statutes is created to read:

SB55-SSA1-SA2,561,22 560.031 (3) (bc) In awarding grants, loans, and manufacturing rebates under this subsection, the board shall give priority to projects that involve recovered materials that constitute a relatively high volume of solid waste generated in this state or that are hazardous to human health or the environment.

SB55-SSA1-SA2, s. 3619n Section 3619n. 560.031 (3) (cm) of the statutes is created to read:

SB55-SSA1-SA2,562,5 560.031 (3) (cm) Annually, the board shall allocate up to $200,000 in financial assistance under this subsection for forgivable loans for projects that have exceptional potential to meet one of the qualifying considerations under par. (a) 1., 2., 3., or 4., but do not comply with the standard criteria established by the board or department for meeting its fiduciary responsibilities in managing state resources.

SB55-SSA1-SA2, s. 3619p Section 3619p. 560.031 (4m) of the statutes is created to read:

SB55-SSA1-SA2,562,11 560.031 (4m) The board may award a grant or loan under this subsection for a project to develop markets for high-volume industrial waste or to assist generators of high-volume industrial waste in marketing high-volume industrial waste. Before awarding a grant or loan, the board shall consider whether the project does all of the following:

SB55-SSA1-SA2,562,13 (a) Maximizes the marketability of high-volume industrial waste on a statewide basis.

SB55-SSA1-SA2,562,15 (b) Minimizes the amount of high-volume industrial waste disposed of in landfills.

SB55-SSA1-SA2,562,17 (c) Maintains present markets or creates new or expanded markets for high-volume industrial waste.".

SB55-SSA1-SA2,562,18 1249. Page 1156, line 6: after that line insert:

SB55-SSA1-SA2,562,19 " Section 3608cg. 452.01 (3p) of the statutes is created to read:

SB55-SSA1-SA2,562,23 452.01 (3p) "Closing agent" means any person who coordinates the closing of a conveyance of real estate by ensuring that title to the real estate is transferred to the buyer and that the purchase price is transferred to the seller, except that "closing agent" does not include any of the following:

SB55-SSA1-SA2,563,2 (a) A receiver, trustee, administrator, executor, guardian, or other person appointed by or acting under the judgment or order of any court.

SB55-SSA1-SA2,563,3 (b) A public officer while performing his or her official duties.

SB55-SSA1-SA2,563,4 (c) A depository institution.

SB55-SSA1-SA2,563,6 (d) An employee of a person specified in pars. (a) to (c) when the employee is engaged in the specific performance as such an employee.

SB55-SSA1-SA2,563,8 (e) An attorney licensed to practice in this state while acting within the scope of his or her attorney's license.

SB55-SSA1-SA2, s. 3608cm Section 3608cm. 452.035 of the statutes is created to read:

SB55-SSA1-SA2,563,20 452.035 Closing agents. No person, including an escrow agent, as defined in s. 138.052 (5m) (a) or 707.49 (1) (d), may engage in the business or occupation of, or advertise or hold himself or herself out as, a closing agent unless the person is registered as a closing agent by the department. The department shall issue a certificate of registration as a closing agent to a person who submits an application to the department on a form provided by the department, pays the fee specified in s. 440.05 (1), and submits evidence satisfactory to the department that he or she is competent to act as a closing agent. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a).

SB55-SSA1-SA2, s. 3608cr Section 3608cr. 452.05 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,563,23 452.05 (1) (a) Grant and issue licenses to brokers and salespersons and registrations to time-share salespersons and closing agents.

SB55-SSA1-SA2, s. 3608dg Section 3608dg. 452.11 (1) of the statutes is amended to read:

SB55-SSA1-SA2,564,2 452.11 (1) A nonresident may become a broker, salesperson or, time-share salesperson, or closing agent by conforming to all the provisions of this chapter.

SB55-SSA1-SA2, s. 3608dm Section 3608dm. 452.12 (6) (a) of the statutes is amended to read:

SB55-SSA1-SA2,564,7 452.12 (6) (a) Any licensee, except a time-share salesperson registered under s. 452.025 or a closing agent registered under s. 452.035, may apply for registration as an inactive licensee on or before the license renewal date. This paragraph does not apply after October 31, 1995.

SB55-SSA1-SA2, s. 3608dr Section 3608dr. 452.13 (1) (b) of the statutes is renumbered 452.01 (3w).

SB55-SSA1-SA2, s. 3608eg Section 3608eg. 452.13 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,564,12 452.13 (1) (c) "Closing funds" means any money related to the closing of real estate conveyance that is received by a closing agent. "Closing funds" does not include client funds, unless the client funds are transferred to a closing agent.

SB55-SSA1-SA2, s. 3608em Section 3608em. 452.13 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,564,20 452.13 (2) (a) A broker who holds client funds or a closing agent who holds closing funds shall establish an interest-bearing common trust account in a depository institution. The interest-bearing common trust account shall earn interest at a rate not less than that applicable to individual accounts of the same type, size, and duration and for which withdrawals or transfers can be made without delay, subject to any notice period that the depository institution is required to observe by law or regulation.

SB55-SSA1-SA2, s. 3608er Section 3608er. 452.13 (2) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,564,23 452.13 (2) (b) (intro.) Any broker or closing agent who maintains an interest-bearing common trust account shall do all of the following:

SB55-SSA1-SA2, s. 3608fg Section 3608fg. 452.13 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,565,2 452.13 (2) (c) A broker or closing agent shall deposit all client funds or closing funds in the interest-bearing common trust account.

SB55-SSA1-SA2, s. 3608fm Section 3608fm. 452.13 (2) (e) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,565,6 452.13 (2) (e) (intro.) For each interest-bearing common trust account, the broker or closing agent shall direct the depository institution to do all of the following:

SB55-SSA1-SA2, s. 3608fr Section 3608fr. 452.13 (2) (e) 2. of the statutes is amended to read:

SB55-SSA1-SA2,565,13 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the department of administration and to the broker or closing agent maintaining the interest-bearing common trust account a statement that includes the name of the broker or closing agent for whose account the remittance is made, the rate of interest applied, the amount of service charges or fees deducted, if any, and the account balance for the period that the statement covers.

SB55-SSA1-SA2, s. 3608gg Section 3608gg. 452.13 (2) (f) 1. of the statutes is amended to read:

SB55-SSA1-SA2,565,18 452.13 (2) (f) 1. May not assess a service charge or fee that is due on an interest-bearing common trust account against any broker or closing agent or, except as provided in subd. 3., against any other account, regardless of whether the same broker or closing agent maintains the other account.

SB55-SSA1-SA2, s. 3608gm Section 3608gm. 452.13 (3) of the statutes is amended to read:

SB55-SSA1-SA2,566,3 452.13 (3) Deposit provisions. A broker or closing agent who deposits client funds or closing funds in an interest-bearing common trust account in compliance with this section may not be held liable to the owner or beneficial owner of the client funds or closing funds for damages due to compliance with this section. A broker, salesperson, or time-share salesperson who deposits client funds, or a closing agent who deposits closing funds, in an interest-bearing common trust account in compliance with this section is not required to disclose alternative depository arrangements that could be made by the parties or to disclose that a deposit will be made under this section.

SB55-SSA1-SA2, s. 3608gr Section 3608gr. 452.13 (4) of the statutes is amended to read:

SB55-SSA1-SA2,566,7 452.13 (4) Trust account optional. This section does not require a broker or closing agent to hold client funds or closing funds or require a person to transfer client funds to a broker or transfer closing funds to a closing agent.

SB55-SSA1-SA2, s. 3608hg Section 3608hg. 452.14 (1) of the statutes is amended to read:

SB55-SSA1-SA2,566,13 452.14 (1) The department shall, upon motion of the board or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the department receives credible information that a broker, salesperson or, time-share salesperson , or closing agent has violated this chapter or any rule promulgated under this chapter.

SB55-SSA1-SA2, s. 3608hm Section 3608hm. 452.14 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,566,19 452.14 (3) (intro.) Disciplinary proceedings shall be conducted by the board according to rules adopted under s. 440.03 (1). The board may revoke, suspend, or limit any broker's, salesperson's or, time-share salesperson's, or closing agent's license or registration, or reprimand the holder of the license or registration, if it finds that the holder of the license or registration has:

SB55-SSA1-SA2, s. 3608hr Section 3608hr. 452.14 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,566,23 452.14 (3) (b) Made any substantial misrepresentation with reference to a transaction injurious to a seller or purchaser in which the broker, salesperson or, time-share salesperson, or closing agent acts as agent;

SB55-SSA1-SA2, s. 3608ig Section 3608ig. 452.14 (3) (h) of the statutes is amended to read:

SB55-SSA1-SA2,567,3 452.14 (3) (h) Failed, within a reasonable time, to account for or remit any moneys coming into the broker's, salesperson's or, time-share salesperson's, or closing agent's possession which belong to another person;

SB55-SSA1-SA2, s. 3608im Section 3608im. 452.14 (3) (i) of the statutes is amended to read: