AB547,3,82 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of
3delivering a certification, resolution, or copy of proceedings to the department of
4financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not
5required to be registered licensed under s. 440.91 (1) and that is not organized or
6conducted for pecuniary profit or registered under s. 440.91 (1m) shall deliver the
7certification, resolution, or copy of proceedings to the office of the register of deeds
8of the county in which the cemetery is located.

AB547,4,4

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1157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society
2organized under ch. 187, and sub. (2) (b) does not apply to a cemetery authority that
3is not required to be licensed under s. 440.91 (1) and that is not organized or
4conducted for pecuniary profit or registered under s. 440.91 (1m).

AB547,4,96 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise
7deposited by the cemetery authority in an investment approved by the department
8cemetery board if the care funds are segregated and invested separately from all
9other moneys held by the cemetery authority.

AB547,4,1511 157.19 (2) (b) The cemetery authority may not change the trustee of a care fund
12under s. 157.11 (9g) that is deposited under this section or of a care fund under s.
13157.12 (3), and the financial institution may not release any portion of the principal
14amount of the care fund, without the department's cemetery board's written
15approval.

AB547,5,316 (c) Upon request of the financial institution, the preneed seller, as defined in
17s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales
18contract. Except as provided in s. 440.92 (2) (c), (f) and (j) and (5), preneed trust
19funds, and any interest or dividends that have accumulated on the preneed trust
20funds, may not be withdrawn until all obligations under the preneed sales contract
21have been fulfilled. The financial institution is not responsible for the fulfillment of
22any part of the preneed sales contract, except that the financial institution shall
23release the preneed trust funds, and any interest or dividends that have
24accumulated on the preneed trust funds, as provided by the terms of the preneed
25sales contract. The trustee of a preneed trust fund may not be changed without the

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1department's cemetery board's written approval. If the trustee or account number
2of a preneed trust fund is changed, the cemetery authority shall notify the
3department cemetery board in writing within 30 days after the change.

AB547,5,114 (d) The department cemetery board shall promulgate rules establishing
5reasonable requirements and standards for the approval of changes under pars. (b)
6and (c). For approval of changes under par. (b), the rules shall require the cemetery
7authority to submit evidence that the rights and interests of the beneficiary of the
8care fund will be adequately protected if the change is approved. For approval of
9changes under par. (c), the rules shall require the trustee to submit evidence that the
10rights and interests of the purchaser under the preneed sales contract will be
11adequately protected if the change is approved.

AB547,5,1513 157.19 (4) (intro.) The department cemetery board may promulgate rules
14allowing funds invested under this section to be deposited with a financial institution
15located outside this state.

AB547,5,2317 157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that
18are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds
19of a cemetery for which a certification under s. 157.63 is effective, to preneed trust
20funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care
21funds or preneed trust funds of a cemetery authority that is not required to be
22licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary
23profit or registered under s. 440.91 (1m).

AB547,6,7

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1157.19 (5) (b) If the department cemetery board determines that care funds
2under s. 157.11 (9g) that have not been deposited with a city or county as provided
3in s. 157.11 (9g) (a) are not being properly segregated from other moneys held by the
4cemetery authority or that those care funds are not being properly invested as
5required in s. 157.11 (9g) (a), the department cemetery board may require the
6cemetery authority to deposit those care funds with a financial institution for
7investment under this section.

AB547,6,149 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every cemetery
10authority shall file an annual report with the department cemetery board. The
11report shall be made on a form prescribed and furnished by the department cemetery
12board. The report shall be made on a calendar-year basis unless the department
13cemetery board, by rule, provides for other reporting periods. The report is due on
14the 60th day after the last day of the reporting period.

AB547,6,1715 (c) All records relating to accountings of trust funds described under par. (b) 3.
16to 7. and maintained by the department and by the cemetery board are confidential
17and are not available for inspection or copying under s. 19.35 (1).

AB547,6,2119 157.625 (3) Section 157.62 does not apply to a cemetery authority that is not
20required to be licensed under s. 440.91 (1) and that is not organized or conducted for
21pecuniary profit or registered under s. 440.91 (1m).

AB547,6,2423 440.08 (2) (a) 21m. Cemetery authority, registered: December 15 of each
24even-numbered year; $10.

AB547,7,8

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1440.91 (1) (a) Any cemetery authority that operates a cemetery that is 5 acres
2or more in size, that sells 20 or more cemetery lots or mausoleum spaces at a cemetery
3during a calendar year, or that has $100,000 or more in preneed trust fund accounts
4for a cemetery shall apply to the board for a license for that cemetery. A cemetery
5authority that operates more than one cemetery shall apply for a separate license for
6each cemetery that is 5 acres or more in size and for each cemetery at which it sells
720 or more burial spaces or at which it has $100,000 or more in preneed trust fund
8accounts.

AB547,7,1410 440.91 (1) (c) 1. The renewal dates and renewal fees for licenses granted under
11par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is
12not required to renew its license if the cemetery authority sells less than 20 cemetery
13lots or mausoleum spaces at a cemetery during a calendar year, or that has less than
14$100,000 in preneed trust fund accounts for a cemetery.

AB547,7,1915 2. A licensed cemetery authority that is not required to renew its license under
16subd. 1. shall renew the license if, during a period of 2 consecutive calendar years
17that is subsequent to the period specified in subd. 1., the cemetery authority sells 20
18or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more
19in preneed trust fund accounts for a cemetery.

AB547,8,321 440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that
22operates a cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery
23lots or mausoleum spaces at a cemetery during a calendar year, or that has less than
24$100,000 in trust fund accounts for a cemetery shall register with the board. A
25cemetery authority that operates more than one cemetery shall submit a separate

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1registration to the board for each cemetery that is less than 5 acres in size, that sells
2fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar
3year, or that has less than $100,000 in trust fund accounts.

AB547,8,54 (b) The board shall register a cemetery authority if all of the following are
5satisfied:

AB547,8,106 1. The cemetery authority submits an application for registration to the board
7on a form provided by the board. The application shall require the cemetery
8authority to provide the names and addresses of the officers of the cemetery
9authority and to identify a business representative who is primarily responsible for
10the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

AB547,8,1111 2. The cemetery authority pays a $10 fee to the board.

AB547,8,1312 (c) The renewal date and renewal fee for a registration granted under par. (b)
13are specified in s. 440.08 (2).

AB547,8,1815 440.91 (6m) A cemetery authority of a cemetery organized, maintained and
16operated by a town, village, city, church, synagogue or mosque, religious, fraternal
17or benevolent society or incorporated college of a religious order is not required to be
18licensed under sub. (1) or registered under sub. (1m).

AB547,8,2320 440.92 (2) (a) 4. a. At the time that the preneed sales contract is entered into,
21the preneed seller shall provide the purchaser with the name, address and telephone
22number of the warehouse and inform the purchaser that the warehouse is approved
23by the department board.

AB547,9,15

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1440.92 (7) Approval of warehouses. No person may own or operate a
2warehouse unless the warehouse is approved by the department board. Upon
3application, the department board shall approve a warehouse that is located in this
4state if the person who operates the warehouse is licensed as a public warehouse
5keeper by the department of agriculture, trade and consumer protection under ch.
699, but may not approve a warehouse that is located in this state unless the person
7is so licensed. The department board shall promulgate rules establishing the
8requirements for approval of warehouses that are located outside this state. The
9rules shall require warehouses that are located outside this state to file with the
10department board a bond furnished by a surety company authorized to do business
11in this state in an amount that is sufficient to guarantee the delivery of cemetery
12merchandise to purchasers under preneed sales contracts. The department board
13shall compile and keep a current list of the names and addresses of all warehouses
14approved under this subsection and shall make the list available for public
15inspection during the times specified in s. 230.35 (4) (f).

AB547,9,2017 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not
18apply to a cemetery authority that is not required to be licensed under s. 440.91 (1)
19and that is not organized or conducted for pecuniary profit or registered under s.
20440.91 (1m).