AB776: Bill Text

AB776, s. 239 Section 239. 440.92 (10) of the statutes is repealed.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

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.