AB776: Bill Text

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.

AB776,74,16 (3) (title) Rules.

AB776, s. 242 Section 242. 440.928 of the statutes is created to read:

AB776,74,18 440.928 Burial space purchase agreements. (1) In this section:

AB776,74,19 (a) "Cemetery authority" does not include a religious cemetery authority.

AB776,74,21 (b) "Opening or closing fees" means fees charged by a cemetery authority for opening or closing a burial space.

AB776,74,23 (c) "Purchase agreement" means an agreement for the purchase of a burial space.

AB776,75,3 (2) Before entering into a purchase agreement, a cemetery authority shall disclose to the purchaser any opening or closing fees charged by the cemetery authority.

AB776,75,5 (3) A purchase agreement shall be in writing and shall include each of the following:

AB776,75,9 (a) The terms and conditions and any other pertinent information regarding the purchase, including the price of the burial space, any perpetual care requirements, and any resale, inheritor, cancellation, or refund rights under the agreement.

AB776,75,13 (b) A description of all goods and services that are reasonably expected to be required at the time of need that are not subject to the purchase agreement, including opening and closing fees and any additional fees for weekend, holiday, or after hours burial.

AB776,75,20 (4) A cemetery authority shall assign a serial number to each purchase agreement that it enters into, maintain file copies in numerical order according to the serial number and enter the serial number and a description of each purchase agreement into a sales journal. Any additional purchase by a purchaser more than 30 days after entering a purchase agreement shall be the subject of a separate purchase agreement with a separate serial number that is the current unused serial number in consecutive order.

AB776, s. 243 Section 243. 440.929 of the statutes is created to read:

AB776,75,25 440.929 Rules. The department shall promulgate rules that establish a code of ethics to govern the professional conduct of cemetery authorities licensed under s. 440.91 (1), cemetery salespersons licensed under s. 440.91 (2), and preneed sellers licensed under s. 440.92 (1).

AB776, s. 244 Section 244. 440.93 (1) (intro.) of the statutes is amended to read:

AB776,76,11 440.93 (1) (intro.) The department may deny a certificate of licensure or registration of a cemetery authority, cemetery salesperson, or preneed seller and the board may reprimand a licensee or registrant or deny, limit, suspend, or revoke a certificate of licensure or registration a cemetery authority, cemetery salesperson or preneed seller if it if the department or board, respectively, finds that the applicant, licensee, or registrant, or, if the applicant, licensee, or registrant, is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds , or has the power to vote 5% or more of any class of security issued by the applicant, licensee, or registrant, has done any of the following:

AB776, s. 245 Section 245. 440.93 (1) (b) of the statutes is amended to read:

AB776,76,15 440.93 (1) (b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum a burial space.

AB776, s. 246 Section 246. 440.93 (1) (c) of the statutes is amended to read:

AB776,76,20 440.93 (1) (c) Engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills.

AB776, s. 247 Section 247. 440.93 (1) (cm) of the statutes is created to read:

AB776,76,23 440.93 (1) (cm) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 440.929.

AB776, s. 248 Section 248. 440.93 (1) (d) of the statutes is amended to read:

AB776,77,5 440.93 (1) (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense Violated any law the circumstances of which substantially relate to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space. A certified copy of a judgment of conviction is prima facie evidence of a violation.

AB776, s. 249 Section 249. 440.93 (1) (f) of the statutes is amended to read:

AB776,77,10 440.93 (1) (f) Subject to ss. 111.321, 111.322, and 111.34, engaged in any practice relating to the operation or management of a cemetery or the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space while the person's ability to practice was impaired by mental disease or defect or alcohol or other drugs.

AB776, s. 250 Section 250. 440.93 (1) (g) of the statutes is amended to read:

AB776,77,14 440.93 (1) (g) Violated this subchapter or subch. II of ch. 157, any rule promulgated under this subchapter or subch. II of ch. 157, or any order of the department or the board.

AB776, s. 251 Section 251. 440.93 (1m) of the statutes is created to read:

AB776,77,21 440.93 (1m) The board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a certificate of registration or licensure, assess against a person licensed or registered under this subchapter who has done anything specified in sub. (1) (a) to (g) a forfeiture of no more than $5,000 for each separate offense. Each day of continued violation constitutes a separate offense.

AB776, s. 252 Section 252. 440.93 (2) of the statutes is amended to read:

AB776,77,25 440.93 (2) The department board shall determine in each case the period that a limitation, suspension, or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a).

AB776, s. 253 Section 253. 440.945 (1) (a) of the statutes is amended to read:

AB776,78,3 440.945 (1) (a) "Installed" means permanently affixed to a cemetery lot burial space.

AB776, s. 254 Section 254. 440.945 (2) (a) of the statutes is amended to read:

AB776,78,15 440.945 (2) (a) Adopt regulations, consistent with this section and with standards that the cemetery authority uses for its own monument installations, prescribing requirements and procedures for the sale, delivery, installation, or care of monuments, including requirements that each vendor provide reasonable advance notice to the cemetery authority of the date on which the vendor desires to install a monument; that each vendor carry worker's compensation insurance and a minimum amount of comprehensive general liability insurance, such minimum amount not to exceed $300,000; and that each owner of a cemetery lot burial space pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot burial space before a monument is installed.

AB776, s. 255 Section 255. 440.945 (2) (c) of the statutes is amended to read:

AB776,79,2 440.945 (2) (c) Charge either the owner of a cemetery lot burial space or a vendor a reasonable fee to cover the cemetery authority's labor costs. In this paragraph, "labor costs" means the amount, calculated in accordance with generally accepted accounting principles and practices, that is payable to employees of the cemetery authority for wages and fringe benefits for the period that the employees were engaged in marking the location for and inspecting the installation of the monument to ensure that it was properly installed, and may include any general administrative or overhead costs of the cemetery authority or any other costs that are directly related to marking the location for and inspecting the installation of the monument to ensure that it was properly installed.

AB776, s. 256 Section 256. 440.945 (3) (a) (intro.) of the statutes is amended to read:

AB776,79,7 440.945 (3) (a) (intro.) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots burial spaces and to other interested persons all of the following information:

AB776, s. 257 Section 257. 440.945 (4) (a) 1. of the statutes is amended to read:

AB776,79,11 440.945 (4) (a) 1. Require the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the cemetery authority.

AB776, s. 258 Section 258. 440.945 (4) (a) 2. of the statutes is amended to read:

AB776,79,15 440.945 (4) (a) 2. Restrict the right of the owner or purchaser of a cemetery lot burial space to purchase a monument or services related to the installation of a monument from the vendor of his or her choice.

AB776, s. 259 Section 259. 440.945 (4) (a) 3. of the statutes is amended to read:

AB776,79,23 440.945 (4) (a) 3. Except as provided in sub. (2) (c), charge the owner or purchaser of a cemetery lot burial space a fee for purchasing a monument or services related to the installation of a monument from a vendor, or charge a vendor a fee for delivering or installing the monument. Nothing in this subdivision shall be construed to prohibit a cemetery authority from charging the owner or purchaser of a cemetery lot burial space a reasonable fee for services relating to the care of a monument.

AB776, s. 260 Section 260. 440.945 (4) (a) 4. of the statutes is amended to read:

AB776,80,3 440.945 (4) (a) 4. Discriminate against any owner or purchaser of a cemetery lot burial space who has purchased a monument or services related to the installation of a monument from a vendor.

AB776, s. 261 Section 261. 440.945 (5) (a) of the statutes is amended to read:

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.