AB776: Bill Text

AB776,64,2 440.91 (10) Nothing in this section requires an individual who is registered licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.

AB776, s. 197 Section 197. 440.92 (1) (title) of the statutes is repealed and recreated to read:

AB776,64,4 440.92 (1) (title) Licensure.

AB776, s. 198 Section 198. 440.92 (1) (a) of the statutes is amended to read:

AB776,64,12 440.92 (1) (a) Except as provided in subs. (4), and (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the is required to be licensed under this subsection and, if applicable, comply with the requirements under s. 445.125. If such an individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered licensed under this subsection.

AB776, s. 199 Section 199. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB776,64,15 440.92 (1) (b) (intro.) The department shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:

AB776, s. 200 Section 200. 440.92 (1) (bm) of the statutes is created to read:

AB776,64,21 440.92 (1) (bm) If a cemetery authority that is registered under this subsection notifies the department under s. 157.08 (2) (b) 1. (intro.) that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the department does not object to the action under s. 157.08 (2) (b) 3., the department shall revoke the registration and require the cemetery authority to reapply for a registration under this subsection.

AB776, s. 201 Section 201. 440.92 (1) (e) of the statutes is amended to read:

AB776,65,2 440.92 (1) (e) Nothing in this subsection requires an individual who is registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.

AB776, s. 202 Section 202. 440.92 (2) (title) of the statutes is renumbered 440.922 (title).

AB776, s. 203 Section 203. 440.92 (2) (a) of the statutes is renumbered 440.922 (1) (a), and 440.922 (1) (a) 2., 3., 3g. and 4. (intro.), as renumbered, are amended to read:

AB776,65,7 440.922 (1) (a) 2. By affixing the cemetery merchandise to the cemetery lot or mausoleum burial space.

AB776,65,12 3. By storing the cemetery merchandise in a warehouse that is located on the property of the preneed seller if the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to the cemetery lot or mausoleum burial space without additional charge.

AB776,65,18 3g. By storing the cemetery merchandise anywhere on the property of the preneed seller if the property of the preneed seller is located in this state, the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot burial space, to the outside of or the grounds surrounding a mausoleum or columbarium or to any other outdoor location without additional charge.

AB776,65,25 4. (intro.) By having the cemetery merchandise stored in a warehouse that is not located on the property of the preneed seller if the warehouse has agreed to ship the cemetery merchandise to the preneed seller, purchaser, or beneficiary named in the preneed sales contract without additional charge to the purchaser and the preneed sales contract requires that the cemetery merchandise ultimately be affixed to the cemetery lot or mausoleum burial space without additional charge. If the cemetery merchandise is delivered under this subdivision, all of the following apply:

AB776, s. 204 Section 204. 440.92 (2) (am) of the statutes is renumbered 440.922 (2) and amended to read:

AB776,66,12 440.922 (2) Affixture of cemetery merchandise. If a preneed sales contract for the sale of cemetery merchandise requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, mausoleum burial space or other location but the purchaser has not informed the preneed seller of the location where the cemetery merchandise is to be affixed and the location where the cemetery merchandise is to be affixed is not specified in the preneed sales contract, the preneed sales contract may provide that the preneed seller may charge the purchaser an additional fee at the time that the cemetery merchandise is affixed not to exceed the additional costs to the preneed seller that are necessitated by the purchaser's choice of location.

AB776, s. 205 Section 205. 440.92 (2) (b) of the statutes is renumbered 440.922 (1) (b).

AB776, s. 206 Section 206. 440.92 (2) (c) of the statutes is renumbered 440.922 (3) and amended to read:

AB776,66,21 440.922 (3) Voiding of contracts. Except as provided in par. (cm) sub. (4), a preneed sales contract shall provide that if the purchaser voids the preneed sales contract at any time within 10 days after the date of the initial payment the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser for cemetery merchandise that has not been supplied or delivered and for the mausoleum space.

AB776, s. 207 Section 207. 440.92 (2) (cm) of the statutes is renumbered 440.922 (4).

AB776, s. 208 Section 208. 440.92 (2) (d) of the statutes is renumbered 440.922 (5) (a).

AB776, s. 209 Section 209. 440.92 (2) (e) of the statutes is renumbered 440.922 (5) (b).

AB776, s. 210 Section 210. 440.92 (2) (f) of the statutes is renumbered 440.922 (5) (c) and amended to read:

AB776,67,6 440.922 (5) (c) If a preneed sales contract is voided under par. (e) (b), the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04.

AB776, s. 211 Section 211. 440.92 (2) (g) and (h) of the statutes are renumbered 440.922 (6) and (10).

AB776, s. 212 Section 212. 440.92 (2) (i) of the statutes is renumbered 440.922 (7) and amended to read:

AB776,67,18 440.922 (7) Trusting requirements. If a preneed sales contract includes provisions for the sale of cemetery merchandise or an undeveloped space that is subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b) and for the sale of other goods or services that are not subject to the trusting requirements under sub. s. 440.92 (3) (a) and (b), the sale price of the goods or services that are not subject to the trusting requirements may not be inflated for the purpose of allocating a lower sale price to the cemetery merchandise or undeveloped space that is subject to the trusting requirements.

AB776, s. 213 Section 213. 440.92 (2) (j) of the statutes is renumbered 440.922 (8).

AB776, s. 214 Section 214. 440.92 (2) (k) of the statutes is renumbered 440.922 (9) and amended to read:

AB776,68,3 440.922 (9) Notice of rights. A preneed sales contract shall include the following language in not less than 10-point boldface type: "SECTION 440.92 (2) 440.922 OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN INTEREST IN THE CONTRACT TO ANOTHER PERSON."

AB776, s. 215 Section 215. 440.92 (3) (a) (intro.) of the statutes is renumbered 440.92 (3) (a) and amended to read:

AB776,68,15 440.92 (3) (a) A preneed seller shall deposit into a preneed trust fund an amount equal to at least 40% of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract, or the wholesale cost ratio for the cemetery merchandise multiplied by the amount of the payment of principal that is received, whichever is greater. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller receives payment for the sale of an undeveloped space under a preneed sales contract, the preneed seller shall deposit a percentage at least 40% of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund, determined as follows:.

AB776, s. 216 Section 216. 440.92 (3) (a) 1. and 2. of the statutes are repealed.

AB776, s. 217 Section 217. 440.92 (3) (c) (intro.) of the statutes is amended to read:

AB776,68,20 440.92 (3) (c) (intro.) A preneed seller is not required to make the deposits required under par. (a) 1. and 2. for payments for sales of undeveloped spaces under preneed contracts if any of the following applies:

AB776, s. 218 Section 218. 440.92 (4) (title) of the statutes is amended to read:

AB776,68,22 440.92 (4) (title) Exceptions to registration licensure requirement.

AB776, s. 219 Section 219. 440.92 (4) (a) (intro.) of the statutes is amended to read:

AB776,69,3 440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:

AB776, s. 220 Section 220. 440.92 (4) (b) of the statutes is amended to read:

AB776,69,10 440.92 (4) (b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.

AB776, s. 221 Section 221. 440.92 (5) of the statutes is renumbered 440.924.

AB776, s. 222 Section 222. 440.92 (6) (title) of the statutes is renumbered 440.926 (title) and amended to read:

AB776,69,15 440.926 (title) Reporting; Preneed seller reporting and record keeping; audits.

AB776, s. 223 Section 223. 440.92 (6) (a) of the statutes is renumbered 440.926 (1) (a) and amended to read:

AB776,69,23 440.926 (1) (a) Every preneed seller registered licensed under sub. s. 440.92 (1) shall file an annual report with the department. The report shall be made on a form prescribed and furnished by the department. The report shall be made on a calendar-year basis unless the department, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.

AB776, s. 224 Section 224. 440.92 (6) (b) and (c) of the statutes are renumbered 440.926 (1) (b) and (c).

AB776, s. 225 Section 225. 440.92 (6) (d) of the statutes is renumbered 440.926 (2) (c) and amended to read:

AB776,70,8 440.926 (2) (c) All records described under pars. sub. (1) (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address, or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

AB776, s. 226 Section 226. 440.92 (6) (e) and (f) of the statutes are renumbered 440.926 (1) (d) and (e).

AB776, s. 227 Section 227. 440.92 (6) (g) of the statutes is renumbered 440.926 (2) (a), and 440.926 (2) (a) 1. and 2., as renumbered, are amended to read:

AB776,70,14 440.926 (2) (a) 1. The records needed to prepare the reports required under par. sub. (1) (a).

AB776,70,17 2. Records that show, for each deposit in a trust fund or account specified in pars. sub. (1) (b) 2. and (c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased.

AB776, s. 228 Section 228. 440.92 (6) (h) of the statutes is renumbered 440.926 (2) (b) and amended to read:

AB776,70,24 440.926 (2) (b) The records under par. sub. (1) (b) 1. shall be permanently maintained by the preneed seller. The records under par. sub. (1) (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The department may promulgate rules to establish longer time periods for maintaining records under this paragraph.

AB776, s. 229 Section 229. 440.92 (6) (i) of the statutes is renumbered 440.926 (3) (a) and amended to read:

AB776,71,5 440.926 (3) (a) The department may promulgate rules requiring preneed sellers registered licensed under sub. s. 440.92 (1) to maintain other records and establishing minimum time periods for the maintenance of those records.

AB776, s. 230 Section 230. 440.92 (6) (j) of the statutes is renumbered 440.926 (4) and amended to read:

AB776,71,15 440.926 (4) Audits. The department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any preneed seller registered licensed under sub. s. 440.92 (1), including records, trust funds, and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section subchapter. The department may conduct audits under this paragraph subsection on a random basis, and shall conduct all audits under this paragraph subsection without providing prior notice to the preneed seller.

AB776, s. 231 Section 231. 440.92 (6) (k) of the statutes is renumbered 440.926 (3) (b) and amended to read:

AB776,71,20 440.926 (3) (b) The department may promulgate rules establishing a filing fee to accompany the report required under par. sub. (1) (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.

AB776, s. 232 Section 232. 440.92 (7) of the statutes is renumbered 440.927 and amended to read:

AB776,72,12 440.927 Approval of warehouses. No person may own or operate a warehouse located inside or outside this state unless the warehouse is approved by the department. Upon application, the department shall approve a warehouse that is located in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The department shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state under this section. The rules shall require warehouses that are located outside this state to file with the department a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The department shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection section and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f).

AB776, s. 233 Section 233. 440.92 (9) (title) of the statutes is amended to read:

AB776,72,15 440.92 (9) (title) Exemptions; certification of compliance of religious cemetery affiliated with religious society authorities.

AB776, s. 234 Section 234. 440.92 (9) (a) of the statutes is amended to read:

AB776,73,2 440.92 (9) (a) If the cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society a religious cemetery authority or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority files an annual certification with the department as provided in this subsection, neither the religious cemetery authority nor any employee of the cemetery is required to be registered licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective, but the religious cemetery authority and any employee are required to comply, if applicable, with the requirements of s. 445.125.

AB776, s. 235 Section 235. 440.92 (9) (b) 3. of the statutes is amended to read:

AB776,73,9 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the department, each employee specified under subd. 2. and the religious cemetery authority have either fully complied or have substantially complied with subs. (2), sub. (3) (a) and (b) and (5) ss. 440.922 and 440.924.

AB776, s. 236 Section 236. 440.92 (9) (c) of the statutes is amended to read:

AB776,73,14 440.92 (9) (c) If the statement under par. (b) 3. includes a statement of substantial compliance, the statement of substantial compliance must also specify those instances when the employee or religious cemetery authority did not fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924.

AB776, s. 237 Section 237. 440.92 (9) (e) of the statutes is amended to read:

AB776,73,19 440.92 (9) (e) During the effective period specified under par. (d), the department may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the religious cemetery authority or any employee of the cemetery to which a certification under this subsection applies.

AB776, s. 238 Section 238. 440.92 (9) (f) of the statutes is amended to read:

AB776,74,2 440.92 (9) (f) The church, synagogue, mosque, incorporated college of a religious order, or religious society that is affiliated with a cemetery to which a certification under this subsection applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) 2. or the religious cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) s. 440.922 or 440.924 during the 12-month period for which such compliance has been certified under this subsection.

AB776, s. 239 Section 239. 440.92 (10) of the statutes is repealed.

AB776, s. 240 Section 240. 440.922 (1) (title), (4) (title), (5) (title), (6) (title), (8) (title) and (10) (title) of the statutes are created to read:

AB776,74,6 440.922 (1) (title) Delivery of cemetery merchandise.

AB776,74,7 (4) (title) Physical alteration of cemetery merchandise.

AB776,74,8 (5) (title) Undeveloped space sales.

AB776,74,9 (6) (title) Interest assignments.

AB776,74,10 (8) (title) Contract requirements.

AB776,74,11 (10) (title) Conflicting provisions.

AB776, s. 241 Section 241. 440.926 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

AB776,74,14 440.926 (1) (title) Reports.

AB776,74,15 (2) (title) Records.