2011 Wisconsin Laws 440.95 – Penalties
440.95
440.95 Penalties.
440.95(1)
(1) Any cemetery authority that is required to be licensed under § 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 § 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 § 440.91 or 440.947 or any rule promulgated under § 440.91 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
440.95(4)
(4) Any person who intentionally does any of the following may be fined not more than $1,000 or imprisoned for not more than 90 days or both:
440.95(4)(a)
(a) Fails to register as a preneed seller as required under § 440.92 (1)(a).
440.95(4)(b)
(b) Fails to deposit or invest preneed trust funds or care funds as required under § 440.92 (3).
440.95(4)(c)
(c) Fails to file a report or files an incomplete, false or misleading report under § 440.92 (6).
440.95(4)(d)
(d) Files a false or misleading certification under § 440.92 (9).
440.95(5)
(5) Except as provided in sub. (4), any person who violates § 440.92 or any rule promulgated under § 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 § 440.945 (3) may be required to forfeit not more than $200.
440.95(6)(b)
(b) Any cemetery authority or vendor that violates § 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.