440.92(6)(g)2.
2. Records that show, for each deposit in a trust fund or account specified in
pars. (b) 2. and
(c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased.
440.92(6)(h)
(h) The records under
par. (b) 1. shall be permanently maintained by the preneed seller. The records under
par. (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 board may promulgate rules to establish longer time periods for maintaining records under this paragraph.
440.92(6)(i)
(i) The board may promulgate rules requiring preneed sellers licensed under
sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.
440.92(6)(j)
(j) The board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller licensed under
sub. (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. The board may conduct audits under this paragraph on a random basis, and shall conduct all audits under this paragraph without providing prior notice to the preneed seller.
440.92(6)(k)
(k) The board may promulgate rules establishing a filing fee to accompany the report required under
par. (a). The filing fee shall be based on the approximate cost of regulating preneed sellers.
440.92(7)
(7) Approval of warehouses. No person may own or operate a warehouse unless the warehouse is approved by the board. Upon application, the board 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 board shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state. The rules shall require warehouses that are located outside this state to file with the board 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 board shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection and shall make the list available for public inspection during the times specified in
s. 230.35 (4) (f).
440.92(9)
(9) Exemptions; certification of compliance of cemetery affiliated with religious association. 440.92(9)(a)(a) If the cemetery authority of a cemetery that is affiliated with a religious association or that religious association files an annual certification with the board as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be licensed as a cemetery preneed seller under
sub. (1) during the period for which the certification is effective.
440.92(9)(b)
(b) A certification under this subsection shall be made on a form prescribed and furnished by the board and include all of the following:
440.92(9)(b)1.
1. The name and address of each cemetery to which the certification applies.
440.92(9)(b)2.
2. The name, address and social security number of each employee of the cemetery who sold or solicited the sale of cemetery merchandise or an undeveloped space under a preneed sales contract for the cemetery during the 12-month period immediately preceding the date on which the certification is filed with the board.
440.92(9)(b)3.
3. A notarized statement of a person who is legally authorized to act on behalf of the religious association under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the board, each employee specified under
subd. 2. and the cemetery authority have either fully complied or have substantially complied with
subs. (2),
(3) (a) and
(b) and
(5).
440.92(9)(c)
(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 cemetery authority did not fully comply with
sub. (2),
(3) (a) or
(b) or
(5).
440.92(9)(d)
(d) A certification under this subsection is effective for the 12-month period immediately following the date on which the certification is filed with the board.
440.92(9)(e)
(e) During the effective period specified under
par. (d), the board may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the cemetery authority or any employee of the cemetery to which a certification under this subsection applies.
440.92(9)(f)
(f) The religious association 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 cemetery authority to fully comply with
sub. (2),
(3) (a) or
(b) or
(5) during the 12-month period for which such compliance has been certified under this subsection.
440.92(10)
(10) Exemptions; certain cemeteries. This section does not apply to a cemetery authority that is not required to be licensed under
s. 440.91 (1) or registered under
s. 440.91 (1m).
440.92 Cross-reference
Cross-reference: See also chs.
CB 1,
2, and
3, Wis. adm. code.
440.93
440.93
Disciplinary actions and proceedings. 440.93(1)
(1) The board may reprimand a licensee or deny, limit, suspend, or revoke a certificate of licensure of a cemetery authority, cemetery salesperson, or preneed seller if it finds that the applicant or licensee, or, if the applicant or licensee 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 percent or more of any class of security issued by the applicant or licensee, has done any of the following:
440.93(1)(a)
(a) Made a material misstatement in an application for a certificate or for renewal of a certificate.
440.93(1)(b)
(b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum space.
440.93(1)(c)
(c) Engaged in any practice relating to the sale of a cemetery lot, cemetery merchandise or mausoleum space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills.
440.93(1)(d)
(d) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the sale of a cemetery lot, cemetery merchandise or mausoleum space.
440.93(1)(e)
(e) Advertised in a manner that is false, deceptive or misleading.
440.93(1)(f)
(f) Subject to
ss. 111.321,
111.322 and
111.34, engaged in any practice relating to the sale of a cemetery lot, cemetery merchandise or mausoleum space while the person's ability to practice was impaired by alcohol or other drugs.
440.93(1)(g)
(g) Violated this subchapter or any rule promulgated under this subchapter.
440.93(2)
(2) The 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).
440.945
440.945
Cemetery monuments. 440.945(1)(a)
(a) “Installed" means permanently affixed to a cemetery lot.
440.945(1)(b)
(b) “Monument" means any object made of granite, bronze, marble, stone, cement or other permanent material that is installed or intended to be installed to identify or memorialize human remains.
440.945(1)(c)
(c) “Vendor" means a person who sells, delivers, installs or cares for a monument, other than the cemetery authority of the cemetery in which the monument is installed.
440.945(2)
(2) Cemetery authority powers. A cemetery authority may do any of the following:
440.945(2)(a)
(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 pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot before a monument is installed.
440.945(2)(b)
(b) Assist a vendor in marking the location for a monument and inspect the installation of the monument to ensure that it is properly installed by the vendor.
440.945(2)(c)
(c) Charge either the owner of a cemetery lot 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.
440.945(3)
(3) Disclosure of information to consumers. 440.945(3)(a)(a) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots and to other interested persons all of the following information:
440.945(3)(a)1.
1. An itemized list of the amounts charged for any services provided by the cemetery authority relating to the finishing, installation or care of monuments.
440.945(3)(b)
(b) Upon the request of any person who is interested in purchasing a monument from a cemetery authority or a vendor, the cemetery authority or vendor shall provide the person with an itemized list of the amount charged for each finished monument in which the person is interested and for any services that may be provided by the cemetery authority or vendor relating to the installation or care of the monument.
440.945(4)(a)(a) A cemetery authority may not do any of the following:
440.945(4)(a)1.
1. Require the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the cemetery authority.
440.945(4)(a)2.
2. Restrict the right of the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the vendor of his or her choice.
440.945(4)(a)3.
3. Except as provided in
sub. (2) (c), charge the owner or purchaser of a cemetery lot 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 a reasonable fee for services relating to the care of a monument.
440.945(4)(a)4.
4. Discriminate against any owner or purchaser of a cemetery lot who has purchased a monument or services related to the installation of a monument from a vendor.
440.945(4)(b)
(b) A vendor may not falsely represent to any person any regulations adopted by a cemetery authority under
sub. (2) (a) or falsely represent to any person the vendor's relationship with a cemetery authority.
440.945(5)(a)(a) If the board has reason to believe that any person is violating this section and that the continuation of that activity might cause injury to the public interest, the board may investigate.
440.945(5)(b)
(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 board to exercise its authority under
par. (a) to aid in the investigation of alleged violations of this section.
440.945(5)(c)
(c) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in the act or practice. An assurance entered into under this paragraph shall not be considered evidence of a violation of this section, but a violation of the assurance shall be treated as a violation of this section.
440.945 History
History: 1989 a. 95;
1989 a. 307 ss.
84,
86; Stats. 1989 s. 440.945;
2011 a. 32;
2015 a. 237.
440.947
440.947
Disclosures and representations for certain sales. 440.947(1)(a)
(a) “Cash advance item" means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. “Cash advance item" includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates.
440.947(1)(b)
(b) “Direct cremation service" means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present.
440.947(1)(d)
(d) “Person" does not include a person issued a funeral director's license under
ch. 445 or an operator of a funeral establishment, as defined in
s. 445.01 (7).
440.947(2)
(2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following:
440.947(2)(a)
(a) The name, address and telephone number of the person's place of business.
440.947(2)(c)
(c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale.
440.947(2)(d)
(d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: “State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements."
440.947(2)(e)
(e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation]."
440.947(2)(f)
(f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.
440.947(2)(g)
(g) The amount and a description of any basic service fee that is charged in addition to any price described under
pars. (c),
(e) or
(f).
440.947(3)
(3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following:
440.947(3)(a)
(a) The price and a description of the casket, outer burial container or cemetery merchandise.
440.947(3)(b)
(b) The price and a description of any service specified in
sub. (2) (e) or
(f) that is sold in addition to the casket, outer burial container or cemetery merchandise.
440.947(3)(c)
(c) The amount and a description of any basic service fee that is charged in addition to any price described under
par. (a) or
(b).
440.947(3)(d)
(d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase.
440.947(3)(e)
(e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer.
440.947(4)
(4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following:
440.947(4)(a)
(a) Provide inaccurate information regarding the information specified in
sub. (2) (c),
(e),
(f) or
(g) to a prospective buyer who contacts the person by telephone.
440.947(4)(b)
(b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service.
440.947(4)(c)
(c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise.
440.947(4)(d)
(d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time.
440.947(4)(e)
(e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party.
440.947(4)(f)
(f) Alter a price specified in
sub. (2) (c),
(e),
(f) or
(g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer.
440.947(5)
(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 board upon request.
440.947 History
History: 1999 a. 9;
2015 a. 237.
440.95(1)(1) Any cemetery authority that is required to be licensed under
s. 440.91 (1) and that knowingly fails to be licensed may be fined not more than $100.
440.95(2)
(2) Any individual who is required to register as a cemetery salesperson under
s. 440.91 (2) and who fails to register may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.
