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 HistoryHistory: 1999 a. 9; 2015 a. 237.
440.95440.95Penalties.
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)(a)(a) Fails to register as a preneed seller as required under s. 440.92 (1) (a).
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(4)(d)(d) Files a false or misleading certification under s. 440.92 (9).
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)(6)
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.
440.95 HistoryHistory: 1989 a. 307 ss. 75, 87; 1999 a. 9; 2005 a. 25; 2015 a. 237.
440.955440.955Injunctive 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 HistoryHistory: 2015 a. 237 s. 122; 2017 a. 365 s. 110.
subch. XI of ch. 440SUBCHAPTER XI
HOME INSPECTORS