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.
440.95(3)
(3) Except as provided in subs.
(1) and
(2), any person who violates s.
440.91 or
440.947 or any rule promulgated under s.
440.91 may be fined not more than $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense.
440.95(4)
(4) Any person who intentionally does any of the following may be fined not more than $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense:
440.95(4)(b)
(b) Fails to deposit or invest preneed trust funds or care funds as required under s.
440.92 (3).
440.95(4)(c)
(c) Fails to file a report or files an incomplete, false or misleading report under s.
440.92 (6).
440.95(5)
(5) Except as provided in sub.
(4), any person who violates s.
440.92 or any rule promulgated under s.
440.92 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.
440.95(6)(a)(a) Any cemetery authority or vendor that fails to disclose information to consumers in violation of s.
440.945 (3) may be required to forfeit not more than $200.
440.95(6)(b)
(b) Any cemetery authority or vendor that violates s.
440.945 (4) may be required to forfeit not more than $200 for the first offense and may be required to forfeit not more than $500 for the 2nd or any later offense within a year. The period shall be measured by using the dates of the offenses that resulted in convictions.
440.955
440.955
Injunctive relief. Notwithstanding s.
440.21, if it appears upon complaint to the board by any person, or if it is known to the board, that any person is operating a cemetery, practicing as a cemetery salesperson, or practicing as a cemetery preneed seller without a license required under this subchapter, the board, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.
440.955 History
History: 2015 a. 237 s.
122;
2017 a. 365 s.
110.
HOME INSPECTORS
Subch. XI of ch. 440 Cross-reference
Cross-reference: See also ch.
SPS 131, Wis. adm. code.
440.97
440.97
Definitions. In this subchapter:
440.97(1)
(1) “Client" means a person who contracts with a home inspector for a home inspection.
440.97(2)
(2) “Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
440.97(2m)
(2m) “Defect” means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector's judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement.
440.97(3)
(3) “Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
440.97(4)
(4) “Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
440.97(5)
(5) “Home inspection report" means a written opinion of a home inspector concerning all of the following:
440.97(5)(a)
(a) The condition of the improvements to residential real property that contains not more than 4 dwelling units.
440.97(5)(b)
(b) The condition of mechanical and structural components of the improvements specified in par.
(a).
440.97(6)
(6) “Home inspector" means an individual who, for compensation, conducts a home inspection.
440.97(7)
(7) “Technically exhaustive" means the extensive use of measurements, instruments, testing, calculations and other means to develop scientific or engineering findings, conclusions or recommendations.
440.971
440.971
Registry established. The department shall establish a registry of home inspectors.
440.971 History
History: 1997 a. 81.
440.9712
440.9712
Registration required. 440.9712(1)(1)
Except as provided in s.
440.9715, no individual may act as a home inspector, use the title “home inspector", use any title or description that implies that he or she is a home inspector or represent himself or herself to be a home inspector unless the individual is registered under this subchapter.
440.9712(1m)
(1m) No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712(2)
(2) No business entity may use, in connection with the name or signature of the business entity, the title “home inspectors" to describe the business entity's services, unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712 History
History: 1997 a. 81.
440.9715
440.9715
Applicability. A registration is not required under this subchapter for any of the following:
440.9715(1)
(1) An individual who conducts a home inspection while lawfully practicing within the scope of a license, permit or certificate granted to that individual by a state governmental agency.
440.9715(2)
(2) An individual who constructs, repairs or maintains improvements to residential real property, if the individual conducts home inspections only as part of his or her business of constructing, repairing or maintaining improvements to real property and if the individual does not describe himself or herself as a registered home inspector or convey the impression that he or she is a registered home inspector.
440.9715(3)
(3) An individual who conducts home inspections in the normal course of his or her employment as an employee of a federal, state or local governmental agency.
440.9715 History
History: 1997 a. 81.
440.972
440.972
Registration of home inspectors. 440.972(1)(1)
The department shall register an individual under this subchapter if the individual does all of the following:
440.972(1)(a)
(a) Submits an application for registration to the department on a form provided by the department.
440.972(1)(bg)
(bg) Submits evidence satisfactory to the department that he or she has completed at least 40 hours of instruction approved by the department under s.
440.974 (1) (ag).
440.972(1)(c)
(c) Submits evidence satisfactory to the department that he or she is not subject to a pending criminal charge, or has not been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the practice of home inspection.
