AB776: Bill Text

AB776,80,8 440.945 (5) (a) If the department board has reason to believe that any person, other than a 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.

AB776, s. 262 Section 262. 440.945 (5) (am) of the statutes is created to read:

AB776,80,12 440.945 (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.

AB776, s. 263 Section 263. 440.945 (5) (b) of the statutes is amended to read:

AB776,80,23 440.945 (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.

AB776, s. 264 Section 264. 440.947 (1) (c) of the statutes is renumbered 440.90 (6g).

AB776, s. 265 Section 265. 440.947 (5) of the statutes is amended to read:

AB776,81,7 440.947 (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.

AB776, s. 266 Section 266. 440.948 of the statutes is created to read:

AB776,81,13 440.948 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).

AB776, s. 267 Section 267. 440.949 of the statutes is created to read:

AB776,81,19 440.949 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.

AB776,81,23 (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.

AB776,82,2 (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.

AB776,82,12 (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.

AB776,82,14 (5) The department shall provide staff to assist the board in the review of administrative rules and preparation of comments or dissenting reports.

AB776, s. 268 Section 268. 440.95 (1) of the statutes is amended to read:

AB776,82,17 440.95 (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.

AB776, s. 269 Section 269. 440.95 (1m) of the statutes is created to read:

AB776,82,22 440.95 (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.

AB776, s. 270 Section 270. 440.95 (2) of the statutes is amended to read:

AB776,83,2 440.95 (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.

AB776, s. 271 Section 271. 440.95 (2m) of the statutes is created to read:

AB776,83,6 440.95 (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.

AB776, s. 272 Section 272. 440.95 (4) (a) of the statutes is repealed.

AB776, s. 273 Section 273. 440.95 (4) (c) of the statutes is amended to read:

AB776,83,10 440.95 (4) (c) Fails to file a report or files an incomplete, false, or misleading report under s. 440.92 (6) 440.926.

AB776, s. 274 Section 274. 440.95 (5) of the statutes is amended to read:

AB776,83,15 440.95 (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.

AB776, s. 275 Section 275. Nonstatutory provisions.

AB776,83,17 (1) Definition. In this Section:

AB776,83,18 (a) "Board" means the cemetery board.

AB776,83,20 (b) "Cemetery association" has the meaning given in section 157.061 (1r) of the statutes.

AB776,84,2 (2) Filing requirement. A cemetery association that was not required to be registered under section 440.91 (1), 1999 stats., and that is not organized or conducted for pecuniary profit shall, no later than the first day of the 6th month beginning after the effective date of this subsection, file with the department of financial institutions any copies of certifications, resolutions, or proceedings that the cemetery association delivered to the office of the register of deeds of the county in which the cemetery is located under section 157.062 (9), 1999 stats.

AB776,84,3 (3) Initial appointments to cemetery board.

AB776,84,9 (a) Notwithstanding section 15.405 (3m) (b) 1. and (c) of the statutes, as created by this act, the initial cemetery authority business representative members of the board need not be business representatives of a cemetery authority that is licensed under section 440.91 (1) of the statutes, as affected by this act, to be appointed to and serve as members of the board until the first day of the 13th month beginning after the effective date of this paragraph.

AB776,84,13 (b) Notwithstanding section 15.07 (1) (cm) of the statutes, as affected by this act, and section 15.405 (3m) (b) 1. of the statutes, as created by this act, the initial members of the board shall be appointed by the first day of the 4th month beginning after the effective date of this paragraph for the following terms:

AB776,84,15 1. Two cemetery authority business representative members and one public member, for terms expiring on May 1, 2003.

AB776,84,17 2. One cemetery authority business representative member and one public member, for terms expiring on May 1, 2004.

AB776,84,19 3. One cemetery authority business representative member and the representative of the department of justice, for terms expiring on May 1, 2005.

AB776,84,24 (4) Preneed seller licenses. Notwithstanding section 440.92 (1) (a) and (b) (intro.) of the statutes, as affected by this act, the department of regulation and licensing shall issue a certificate of licensure as a cemetery preneed seller to any person who, on the effective date of this subsection, holds a valid certificate of registration as a cemetery preneed seller.

AB776, s. 276 Section 276. Initial applicability.

AB776,85,4 (1) Nondisclosure of certain information. The treatment of section 440.14 (1) (a), (2), (3), (4), and (5) of the statutes first applies to lists furnished by a board in the department of regulation and licensing, other than a credentialing board, on the effective date of this subsection.

AB776, s. 277 Section 277. Effective dates. This act takes effect on the day after publication, except as follows:

AB776,85,8 (1) The treatment of section 69.18 (1) (bm) (intro.) (by Section 14 ) of the statutes takes effect on January 1, 2003.

AB776,85,9 (End)