SB288,7,14 440.91 (1) (c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.

SB288,7,19 2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.

SB288, s. 13 Section 13. 440.91 (1m) of the statutes is created to read:

SB288,8,3 440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that operates a cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery shall register with the board. A cemetery authority that operates more than one cemetery shall submit a separate registration to the board for each cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts.

SB288,8,5 (b) The board shall register a cemetery authority if all of the following are satisfied:

SB288,8,10 1. The cemetery authority submits an application for registration to the board on a form provided by the board. The application shall require the cemetery authority to provide the names and addresses of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

SB288,8,11 2. The cemetery authority pays a $10 fee to the board.

SB288,8,13 (c) The renewal date and renewal fee for a registration granted under par. (b) are specified in s. 440.08 (2).

SB288, s. 14 Section 14. 440.91 (6m) of the statutes is amended to read:

SB288,8,18 440.91 (6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be licensed under sub. (1) or registered under sub. (1m).

SB288, s. 15 Section 15. 440.92 (2) (a) 4. a. of the statutes is amended to read:

SB288,8,23 440.92 (2) (a) 4. a. At the time that the preneed sales contract is entered into, the preneed seller shall provide the purchaser with the name, address and telephone number of the warehouse and inform the purchaser that the warehouse is approved by the department board.

SB288, s. 16 Section 16. 440.92 (7) of the statutes is amended to read:

SB288,9,15 440.92 (7) Approval of warehouses. No person may own or operate a warehouse unless the warehouse is approved by the department board. Upon application, the department 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 department 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 department 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 department 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).

SB288, s. 17 Section 17. 440.92 (10) of the statutes is amended to read:

SB288,9,20 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not apply to a cemetery authority that is not required to be licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit or registered under s. 440.91 (1m).

SB288,9,21 (End)