AB776,56,1917
440.14
(1) (a) "List" means information compiled or maintained by the
18department
or, a credentialing board
, or another board in the department that
19contains the personal identifiers of 10 or more individuals.
AB776, s. 169
20Section
169. 440.14 (2), (3), (4) and (5) of the statutes are amended to read:
AB776,57,421
440.14
(2) If a form that the department
or
, a credentialing board
, or another
22board in the department requires an individual to complete in order to apply for a
23credential or credential renewal or to obtain a product or service from the
24department
or the, credentialing board
, or other board requires the individual to
25provide any of the individual's personal identifiers, the form shall include a place for
1the individual to declare that the individual's personal identifiers obtained by the
2department
or the, credentialing board
, or other board from the information on the
3form may not be disclosed on any list that the department
or the, credentialing board
,
4or other board furnishes to another person.
AB776,57,14
5(3) If the department
or, a credentialing board
, or another board in the
6department requires an individual to provide, by telephone or other electronic
7means, any of the individual's personal identifiers in order to apply for a credential
8or credential renewal or to obtain a product or service from the department
or a, 9credentialing board,
or other board, the department
or the, credentialing board
, or
10other board shall ask the individual at the time that the individual provides the
11information if the individual wants to declare that the individual's personal
12identifiers obtained by telephone or other electronic means may not be disclosed on
13any list that the department
or the, credentialing board
, or other board furnishes to
14another person.
AB776,57,20
15(4) The department
or, a credentialing board
, or another board in the
16department shall provide to an individual upon request a form that includes a place
17for the individual to declare that the individual's personal identifiers obtained by the
18department
or, credentialing board
, or other board may not be disclosed on any list
19that the department
or, credentialing board
, or other board furnishes to another
20person.
AB776,57,24
21(5) (a) The department
or, a credentialing board
, or another board in the
22department may not disclose on any list that it furnishes to another person a
23personal identifier of any individual who has made a declaration under sub. (2), (3)
, 24or (4).
AB776,58,8
1(b) Paragraph (a) does not apply to a list that the department
or, a credentialing
2board
, or another board in the department furnishes to another state agency, a law
3enforcement agency
, or a federal governmental agency. A state agency that receives
4a list from the department
or, a credentialing board
, or another board in the
5department containing a personal identifier of any individual who has made a
6declaration under sub. (2), (3)
, or (4) may not disclose the personal identifier to any
7person other than a state agency, a law enforcement agency
, or a federal
8governmental agency.
AB776, s. 170
9Section
170. 440.22 (1) of the statutes is amended to read:
AB776,58,18
10440.22 Assessment of costs. (1) In this section, "costs of the proceeding"
11means the compensation and reasonable expenses of hearing examiners and of
12prosecuting attorneys for the department, examining board
or, affiliated
13credentialing board,
or other board in the department, a reasonable disbursement
14for the service of process or other papers, amounts actually paid out for certified
15copies of records in any public office, postage, telephoning, adverse examinations and
16depositions and copies, expert witness fees, witness fees and expenses, compensation
17and reasonable expenses of experts and investigators, and compensation and
18expenses of a reporter for recording and transcribing testimony.
AB776, s. 171
19Section
171. 440.90 (1) of the statutes is renumbered 440.90 (1d).
AB776, s. 172
20Section
172. 440.90 (1b) of the statutes is created to read:
AB776,58,2121
440.90
(1b) "Board" means the cemetery board.
AB776, s. 173
22Section
173. 440.90 (1c) of the statutes is created to read:
AB776,58,2323
440.90
(1c) "Burial space" has the meaning given in s. 157.061 (1d).
AB776, s. 174
24Section
174. 440.90 (1g) of the statutes is created to read:
AB776,58,2525
440.90
(1g) "Business entity" has the meaning given in s. 452.01 (3j).
AB776, s. 175
1Section
175. 440.90 (1r) of the statutes is created to read:
AB776,59,22
440.90
(1r) "Business representative" has the meaning given in s. 452.01 (3k).
AB776, s. 176
3Section
176. 440.90 (3g) of the statutes is created to read:
AB776,59,44
440.90
(3g) "Columbarium" has the meaning given in s. 157.061 (3g).
AB776, s. 177
5Section
177. 440.90 (3r) of the statutes is created to read:
AB776,59,66
440.90
(3r) "Columbarium space" has the meaning given in s. 157.061 (3r).
AB776, s. 178
7Section
178. 440.90 (4e) of the statutes is created to read:
AB776,59,88
440.90
(4e) "Lawn crypt" has the meaning given in s. 157.061 (8g).
AB776, s. 179
9Section
179. 440.90 (4m) of the statutes is created to read:
AB776,59,1110
440.90
(4m) "Licensed cemetery authority" means a cemetery authority that
11is licensed under s. 440.91 (1).
AB776, s. 180
12Section
180. 440.90 (4r) of the statutes is created to read:
AB776,59,1313
440.90
(4r) "Licensee" means a person licensed under this subchapter.
AB776, s. 181
14Section
181. 440.90 (10m) of the statutes is created to read:
AB776,59,1515
440.90
(10m) "Registrant" means a person registered under this subchapter.
AB776, s. 182
16Section
182. 440.90 (10r) of the statutes is created to read:
AB776,59,1817
440.90
(10r) "Religious cemetery authority" has the meaning given in s.
18157.061 (15m).
AB776, s. 183
19Section
183. 440.90 (14) of the statutes is repealed.
AB776, s. 184
20Section
184. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and
21amended to read:
AB776,60,722
440.91
(1) (a) Except as provided in sub. (6m), every cemetery authority
that
23operates a cemetery that is 5 acres or more in size, that sells
or solicits the sale of a
24total of 10 20 or more
cemetery lots or mausoleum burial spaces
at a cemetery during
25a calendar year
and that pays any commission or other compensation to any person
1for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register
2with, or that has $100,000 or more in trust fund accounts for a cemetery shall apply
3to the department
. The registration shall be in writing and shall include the names
4of the officers of the cemetery authority for a license for that cemetery. A cemetery
5authority that operates more than one cemetery shall apply for a separate license for
6each cemetery that is 5 acres or more in size and for each cemetery, at which it sells
720 or more burial spaces or at which it has $100,000 or more in trust fund accounts.
AB776, s. 185
8Section
185. 440.91 (1) (b), (c), (d) and (e) of the statutes are created to read:
AB776,60,109
440.91
(1) (b) Except as provided in s. 440.93 (1), the department shall grant
10a license to a cemetery authority if all of the following are satisfied:
AB776,60,1511
1. The cemetery authority submits an application for the license to the
12department on a form provided by the department. The application shall require the
13cemetery authority to provide the names of the officers of the cemetery authority and
14to identify a business representative who is primarily responsible for the cemetery
15authority's compliance with subch. II of ch. 157 and this subchapter.
AB776,60,1716
2. The cemetery authority pays the fee specified in s. 440.05 (1) and any fees,
17costs, or expenses charged by the department under s. 440.03 (13) (c).
AB776,60,2018
(c) A licensed cemetery authority shall notify the department if it designates
19a substitute business representative to take the place of a business representative
20identified under par. (b) 1.
AB776,60,2521
(d) If a licensed cemetery authority notifies the department under s. 157.08 (2)
22(b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c.
23and the department does not object to the action under s. 157.08 (2) (b) 3., the
24department shall revoke the license granted under par. (b) and require the licensed
25cemetery authority to reapply for a license under par. (b).
AB776,61,4
1(e) 1. The renewal dates and renewal fees for licenses granted under par. (b)
2are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not
3required to renew its license if the cemetery authority sells less than 10 burial spaces
4during a period of 2 consecutive calendar years.
AB776,61,85
2. A licensed cemetery authority that is not required to renew its license under
6subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
7that is subsequent to the period specified in subd. 1., the cemetery authority sells 10
8or more burial spaces.
AB776, s. 186
9Section
186. 440.91 (1m) of the statutes is created to read:
AB776,61,1710
440.91
(1m) (a) Except as provided in par. (c) and sub. (6m), a cemetery
11authority that operates a cemetery for which a license is not required under sub. (1)
12shall register the cemetery with the department by paying a $5 registration fee and
13submitting an application on a form provided by the department that requires the
14applicant to provide the names of the officers of the cemetery authority and any other
15information that the department may require. A cemetery authority that operates
16more than one cemetery for which a license is not required under sub. (1) shall pay
17a separate registration fee and submit a separate application for each cemetery.
AB776,61,1918
(b) The renewal dates and renewal fees for registrations under par. (a) are
19specified in s. 440.08 (2) (a).
AB776,61,22
20(c) A cemetery authority is not required to register under par. (a) if it receives
21no income, other than gifts, from the sale of lots or services or from trust fund
22earnings.
AB776, s. 187
23Section
187. 440.91 (2) (intro.) of the statutes is amended to read:
AB776,62,1024
440.91
(2) (intro.) Except as provided in subs. (7) and (10), every
individual who 25person that sells or solicits the sale of, or
who that expects to sell or solicit the sale
1of,
a total of 10 20 or more
cemetery lots or mausoleum burial spaces during
a 2 2calendar
year years shall
register with be licensed by the department.
An individual 3A person may not be
registered licensed as a cemetery salesperson except upon the
4written request of a cemetery authority and the payment of the fee specified in s.
5440.05 (1). The cemetery authority shall certify in writing to the department that
6the
individual person is competent to act as a cemetery salesperson.
Within 10 days
7after the certification of any cemetery salesperson, the cemetery salesperson shall
8verify and An applicant for licensure as a cemetery salesperson shall furnish to the
9department, in such form as the department prescribes, all of the following
10information:
AB776, s. 188
11Section
188. 440.91 (2) (a) of the statutes is repealed and recreated to read:
AB776,62,1312
440.91
(2) (a) The name and address of the applicant and, if the applicant is
13a business entity, the name and address of each business representative.
AB776, s. 189
14Section
189. 440.91 (2) (b) and (c) of the statutes are repealed.
AB776, s. 190
15Section
190. 440.91 (4) of the statutes is amended to read:
AB776,62,2116
440.91
(4) Renewal applications shall be submitted to the department on a
17form provided by the department on or before the applicable renewal date specified
18under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
19s. 440.08 (2) (a).
An applicant for renewal of a cemetery salesperson license shall
20identify each individual that is exempt from licensure under sub. (7) and that the
21applicant has supervised during the prior 2 years.
AB776, s. 191
22Section
191. 440.91 (6m) of the statutes is repealed and recreated to read:
AB776,62,2423
440.91
(6m) A religious cemetery authority is not required to be licensed under
24sub. (1) or registered under sub. (1m).
AB776, s. 192
1Section
192. 440.91 (7) of the statutes is renumbered 440.91 (7) (a) and
2amended to read:
AB776,63,83
440.91
(7) (a) An individual who solicits the sale of cemetery lots or mausoleum
4spaces in a cemetery organized, maintained
, and operated by a town, village,
or city,
5church, synagogue or mosque, religious, or fraternal or benevolent society
or 6incorporated college of a religious order is not required to be
registered licensed 7under sub. (2)
if the individual is supervised by a cemetery salesperson licensed
8under sub. (2).
AB776, s. 193
9Section
193. 440.91 (7) (b) of the statutes is created to read:
AB776,63,1210
440.91
(7) (b) An individual who solicits the sale of cemetery lots or mausoleum
11spaces in a cemetery owned and operated by a religious cemetery authority is not
12required to be licensed under sub. (2).
AB776, s. 194
13Section
194. 440.91 (8) of the statutes is repealed.
AB776, s. 195
14Section
195. 440.91 (9) of the statutes is amended to read:
AB776,63,2115
440.91
(9) No cemetery authority or cemetery salesperson
registered licensed 16under sub. (1) or (2) may pay a fee or commission as compensation for a referral or
17as a finder's fee relating to the sale of
a cemetery lot, cemetery merchandise or
18mausoleum a burial space to any person who is not
registered licensed under sub. (1)
19or (2) or who is not regularly and lawfully engaged in the sale of
cemetery lots, 20cemetery merchandise or
mausoleum burial spaces in another state or territory of
21the United States or a foreign country.
AB776, s. 196
22Section
196. 440.91 (10) of the statutes is amended to read:
AB776,64,223
440.91
(10) Nothing in this section requires an individual who is
registered 24licensed as a preneed seller under s. 440.92 (1) to be
registered licensed as a cemetery
1salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery
2merchandise or undeveloped spaces under preneed sales contracts.
AB776, s. 197
3Section
197. 440.92 (1) (title) of the statutes is repealed and recreated to read:
AB776,64,44
440.92
(1) (title)
Licensure.
AB776, s. 198
5Section
198. 440.92 (1) (a) of the statutes is amended to read:
AB776,64,126
440.92
(1) (a) Except as provided in subs. (4)
, and (9) (a)
and (10), every
7individual who sells or solicits the sale of cemetery merchandise or an undeveloped
8space under a preneed sales contract
and, if the
is required to be licensed under this
9subsection and, if applicable, comply with the requirements under s. 445.125. If such
10an individual is employed by or acting as an agent for a cemetery authority or any
11other person, that cemetery authority or other person is
also required to be
registered 12licensed under this subsection.
AB776, s. 199
13Section
199. 440.92 (1) (b) (intro.) of the statutes is amended to read:
AB776,64,1514
440.92
(1) (b) (intro.) The department shall issue a certificate of
registration 15licensure as a cemetery preneed seller to any person who does all of the following:
AB776, s. 200
16Section
200. 440.92 (1) (bm) of the statutes is created to read:
AB776,64,2117
440.92
(1) (bm) If a cemetery authority that is registered under this subsection
18notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an
19action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to
20the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and
21require the cemetery authority to reapply for a registration under this subsection.
AB776, s. 201
22Section
201. 440.92 (1) (e) of the statutes is amended to read:
AB776,65,223
440.92
(1) (e) Nothing in this subsection requires an individual who is
24registered licensed as a cemetery salesperson under s. 440.91 (2) to be
registered
1licensed under this subsection if the individual does not conduct or solicit any sale
2under a preneed sales contract.
AB776, s. 202
3Section
202. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).
AB776, s. 203
4Section
203. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and
5440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:
AB776,65,76
440.922
(1) (a) 2. By affixing the cemetery merchandise to the
cemetery lot or
7mausoleum burial space.
AB776,65,128
3. By storing the cemetery merchandise in a warehouse that is located on the
9property of the preneed seller if the preneed seller insures the cemetery merchandise
10and the preneed sales contract requires the preneed seller to ultimately affix the
11cemetery merchandise to the
cemetery lot or mausoleum
burial space without
12additional charge.
AB776,65,1813
3g. By storing the cemetery merchandise anywhere on the property of the
14preneed seller if the property of the preneed seller is located in this state, the preneed
15seller insures the cemetery merchandise and the preneed sales contract requires the
16preneed seller to ultimately affix the cemetery merchandise to a
cemetery lot burial
17space, to the outside of or the grounds surrounding a mausoleum
or columbarium or
18to any other outdoor location without additional charge.
AB776,65,2519
4. (intro.) By having the cemetery merchandise stored in a warehouse that is
20not located on the property of the preneed seller if the warehouse has agreed to ship
21the cemetery merchandise to the preneed seller, purchaser
, or beneficiary named in
22the preneed sales contract without additional charge to the purchaser and the
23preneed sales contract requires that the cemetery merchandise ultimately be affixed
24to the
cemetery lot or mausoleum burial space without additional charge. If the
25cemetery merchandise is delivered under this subdivision, all of the following apply:
AB776, s. 204
1Section
204. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and
2amended to read:
AB776,66,123
440.922
(2) Affixture of cemetery merchandise. If a preneed sales contract
4for the sale of cemetery merchandise requires the preneed seller to ultimately affix
5the cemetery merchandise to a
cemetery lot, mausoleum
burial space or other
6location but the purchaser has not informed the preneed seller of the location where
7the cemetery merchandise is to be affixed and the location where the cemetery
8merchandise is to be affixed is not specified in the preneed sales contract, the preneed
9sales contract may provide that the preneed seller may charge the purchaser an
10additional fee at the time that the cemetery merchandise is affixed not to exceed the
11additional costs to the preneed seller that are necessitated by the purchaser's choice
12of location.
AB776, s. 205
13Section
205. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).
AB776, s. 206
14Section
206. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and
15amended to read:
AB776,66,2116
440.922
(3) Voiding of contracts. Except as provided in
par. (cm) sub. (4), a
17preneed sales contract shall provide that if the purchaser voids the preneed sales
18contract at any time within 10 days after the date of the initial payment the preneed
19seller shall, within 30 days after the date on which the preneed sales contract is
20voided, refund all money paid by the purchaser for cemetery merchandise that has
21not been supplied or delivered and for the mausoleum space.
AB776, s. 207
22Section
207. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).
AB776, s. 208
23Section
208. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).
AB776, s. 209
24Section
209. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).