2001 Wisconsin Act 16

(d) The court approves the closure of a cemetery or mausoleum after all human remains have been removed and reinterred.

16,2852pz Section 2852pz. 157.12 (2) (b) of the statutes is amended to read:

157.12 (2) (b) The department shall supervise construction of any public mausoleum and conversion of any building to a public mausoleum. Within 30 days after receiving written notice from the cemetery authority that the construction or conversion has been completed, the department shall inspect the public mausoleum and provide the cemetery authority with a written certification as to whether the construction or conversion complies with approved plans. If the department determines that, except for certain minor defects, the construction or conversion complies with the approved plans, the department may provide the cemetery authority with a written temporary certification of compliance that is contingent on the correction of those minor defects. A temporary certification is valid for a period designated by the department, not to exceed 6 months. No person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. ss. 440.92 and 440.922, or bury human remains in a public mausoleum unless a care fund has been established for the mausoleum under sub. (3) and the department has provided the cemetery authority with a certification or a temporary certification under this paragraph. If a cemetery authority that has been provided with a temporary certification notifies the department in writing before the date on which the temporary certification expires that the defects in the construction or conversion of the public mausoleum have been corrected, the department shall, within 30 days after receiving the notice, reinspect the public mausoleum and provide the cemetery authority with a written certification as to whether the construction or conversion complies with the approved plans. If a cemetery authority that has been provided with a temporary certification does not receive a written certification from the department before the date on which the temporary certification expires that the construction or conversion complies with the approved plans, then, beginning on the date on which the certification expires, no person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. ss. 440.92 and 440.922, or bury human remains in the public mausoleum until the defects are corrected and the department subsequently inspects the public mausoleum and provides the cemetery authority with a certification that the construction or conversion complies with the approved plans. The department may charge a reasonable fee to the cemetery authority for each inspection and certification provided under this paragraph if the inspection and certification are provided within the applicable 30-day period prescribed under this paragraph.

16,2852qb Section 2852qb. 157.12 (3) (b) of the statutes is amended to read:

157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of regulation and licensing to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No For a cemetery in a county with a population greater than 600,000, the amount of the bond shall be no less than the total of all payments of principal required under this section as stated in the most recent annual report filed by the cemetery authority under s. 157.62. For any cemetery, no indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income For a cemetery in a county with a population greater than 600,000, the manner in which the care funds are invested may not permit the withdrawal of the fund's principal amount, but may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. For any cemetery, income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

16,2852qd Section 2852qd. 157.125 (title) of the statutes is amended to read:

157.125 (title) Trustees for the care of cemeteries or cemetery lots burial spaces.

16,2852qf Section 2852qf. 157.125 (2) of the statutes is amended to read:

157.125 (2) If the burial place or grave is located in a cemetery owned and operated by a religious society organized under ch. 187 cemetery authority, the court shall name the religious society cemetery authority as the trustee unless the religious society cemetery authority petitions the court to name the county treasurer as the trustee.

16,2852qh Section 2852qh. 157.128 (2) (a) of the statutes is amended to read:

157.128 (2) (a) The cemetery is owned by a religious association cemetery authority.

16,2852qhk Section 2852qhk. 157.128 (2) (b) of the statutes is amended to read:

157.128 (2) (b) The religious association cemetery authority is responsible for all liabilities of the cemetery.

16,2852qhL Section 2852qhL. 157.128 (2) (c) of the statutes is amended to read:

157.128 (2) (c) The total acreage of all other cemeteries owned by the religious association cemetery authority exceeds 20 acres.

16,2852qj Section 2852qj. 157.128 (3) (b) of the statutes is amended to read:

157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that is not located in a county with a population greater than 600,000.

16,2852qL Section 2852qL. 157.19 (2) (c) of the statutes is amended to read:

157.19 (2) (c) Upon request of the financial institution, the preneed seller, as defined in s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales contract. Except as provided in s. 440.92 (2) (c), (f) and (j) and (5) ss. 440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled. The financial institution is not responsible for the fulfillment of any part of the preneed sales contract, except that the financial institution shall release the preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, as provided by the terms of the preneed sales contract. The trustee of a preneed trust fund may not be changed without the department's written approval. If the trustee or account number of a preneed trust fund is changed, the cemetery authority shall notify the department in writing within 30 days after the change.

16,2852qn Section 2852qn. 157.19 (4m) of the statutes is created to read:

157.19 (4m) The department shall request proposals from financial institutions located in this state for the purpose of selecting a financial institution that cemetery authorities and preneed sellers may use as the trustee for care funds under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to use the financial institution selected by the department. The financial institution selected under this subsection shall submit an annual report to the department, in a form and manner satisfactory to the department, that provides an accounting of all care funds and preneed trust funds for which the financial institution is the trustee.

16,2852qp Section 2852qp. 157.19 (5) (a) of the statutes is amended to read:

157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, or to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that is not located in a county with a population greater than 600,000.

16,2852qr Section 2852qr. 157.19 (5) (c) of the statutes is created to read:

157.19 (5) (c) If the department determines that a cemetery authority of a cemetery in a county with a population greater than 600,000, or a preneed seller for such a cemetery authority, has violated any requirement under this subchapter or subch. VIII of ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or preneed trust funds under s. 440.92, the department may require the cemetery authority or preneed seller to use the financial institution selected under sub. (4m) as the trustee for the care funds or preneed trust funds.

16,2852qt Section 2852qt. 157.60 of the statutes is amended to read:

157.60 Public easement in cemetery. Any person who shall open or make any highway, town way, or private way or shall construct any railroad, turnpike, or canal or anything in the nature of a public easement over, through, in, or upon such part of any enclosure, being the property of any town, city, village, or religious society cemetery authority or of private proprietors, as may be used for the burial of the dead, unless an authority for that purpose shall be specially granted by law or unless the consent of such town, city, village, religious society cemetery authority, or private proprietors, respectively, shall be first obtained, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $300.

16,2852qv Section 2852qv. 157.61 of the statutes is created to read:

157.61 Identification of human remains. A person may not provide an outer burial container or, if an outer burial container is not used, a casket, to a cemetery authority of a cemetery in a county with a population greater than 600,000, other than a religious cemetery authority, for the burial of human remains, unless the person identifies the decedent by name on the exterior of the outer burial container or casket.

16,2852se Section 2852se. 157.62 (2) (b) 1m. of the statutes is created to read:

157.62 (2) (b) 1m. If the cemetery authority operates a cemetery in a county with a population greater than 600,000, the percentage of burial spaces at the cemetery that are available for sale.

16,2852sh Section 2852sh. 157.62 (3) (a) of the statutes is amended to read:

157.62 (3) (a) Every cemetery authority shall keep a copy of the report required under sub. (2) (a) at its principal place of business and, except for those records relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make the report available for inspection, upon reasonable notice, by any person with an interest in a cemetery lot or a mausoleum burial space in a cemetery owned or operated by the cemetery authority.

16,2852si Section 2852si. 157.62 (3) (b) 3. of the statutes is amended to read:

157.62 (3) (b) 3. A copy of each contract for the sale of a cemetery lot, mausoleum burial space or cemetery merchandise.

16,2852sj Section 2852sj. 157.62 (3) (c) of the statutes is created to read:

157.62 (3) (c) Every cemetery authority of a cemetery in a county with a population greater than 600,000 that is registered under s. 440.91 (1) shall maintain records identifying the section, lot, and site of each burial space and showing the location of each burial space on a map.

16,2852sk Section 2852sk. 157.62 (4) (title) of the statutes is amended to read:

157.62 (4) (title) Records maintenance ; inspection.

16,2852sL Section 2852sL. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).

16,2852sm Section 2852sm. 157.62 (4) (b) of the statutes is created to read:

157.62 (4) (b) A cemetery authority that operates a cemetery in a county with a population greater than 600,000 that is registered shall, upon reasonable notice, make the records and contract copies under sub. (3) (b) available for inspection and copying by the department.

16,2852sn Section 2852sn. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).

16,2852snb Section 2852snb. 157.62 (5) (a) of the statutes is created to read:

157.62 (5) (a) The department may promulgate rules establishing minimum standards for the format and maintenance of records required under this section, except under sub. (1).

16,2852so Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and amended to read:

157.62 (6) (a) Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9) (e), the department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any cemetery authority and shall audit the records, trust funds, and accounts of each registered cemetery authority of a cemetery in a county with a population greater than 600,000, including records, trust funds, and accounts pertaining to services provided by a cemetery authority which are not otherwise subject to the requirements under this chapter. The department may conduct audits under this subsection on a random basis, and shall conduct all audits under this subsection without providing prior notice to the cemetery authority.

16,2852sp Section 2852sp. 157.62 (6) (b) of the statutes is created to read:

157.62 (6) (b) If the department has cause to believe that a registered cemetery authority of a cemetery in a county with a population greater than 600,000 has not complied with the requirements of this subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the department may require the cemetery authority to submit an audit conducted at the cemetery authority's expense by an independent certified public accountant in accordance with generally accepted auditing standards.

16,2852sq Section 2852sq. 157.625 of the statutes is amended to read:

157.625 Reporting exemption for certain cemeteries. (1) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and that is not required under this chapter or under s. 440.92 to maintain any care funds or preneed trust funds is not required to file an annual report under s. 157.62 (2).

(2) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and whose annual operating budget for the cemetery is $2,500 or less is not required to file an annual report under s. 157.62 (2).

(3) Section 157.62 does not apply to a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that does not operate a cemetery in a county with a population that is greater than 600,000.

16,2852sr Section 2852sr. 157.63 (title) of the statutes is amended to read:

157.63 (title) Reporting and auditing exemptions; certification of compliance of religious cemetery affiliated with religious society authority.

16,2852ss Section 2852ss. 157.63 (1) of the statutes is amended to read:

157.63 (1) In lieu of filing an annual report under s. 157.62 (2), a religious cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority may file an annual certification with the department as provided in this section.

16,2852st Section 2852st. 157.63 (2) (b) of the statutes is amended to read:

157.63 (2) (b) A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this section that, during the reporting period under s. 157.62, each cemetery and the religious cemetery authority of each cemetery specified under par. (a) have either fully complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).

16,2852sv Section 2852sv. 157.63 (3) of the statutes is amended to read:

157.63 (3) If the statement under sub. (2) (b) includes a statement of substantial compliance, the statement under sub. (2) (b) must also specify those instances when the cemetery or religious cemetery authority did not fully comply with s. 157.11 (9g) or 157.12 (3).

16,2852sx Section 2852sx. 157.63 (4) of the statutes is amended to read:

157.63 (4) A certification under this section is effective for the 12-month period immediately following the reporting period under s. 157.62 (2) for which the religious cemetery authority is certified under this section to have fully or substantially complied with ss. 157.11 (9g) and 157.12 (3).

16,2852sz Section 2852sz. 157.63 (6) of the statutes is amended to read:

157.63 (6) The church, synagogue, mosque, incorporated college of a religious order, or religious society that is affiliated with a cemetery to which a certification under this section applies is liable for the damages of any person that result from the failure of the cemetery or religious cemetery authority to fully comply with s. 157.11 (9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such compliance has been certified under this section.

16,2852w Section 2852w. 157.635 of the statutes is amended to read:

157.635 Regulations of religious cemetery affiliated with religious society authorities. Nothing in this subchapter prohibits a religious cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 from prohibiting the burial of the human remains of an individual in the cemetery if the individual was in a class of individuals who are prohibited from being buried in the cemetery under regulations adopted by the religious cemetery authority or church, synagogue, mosque, incorporated college of a religious order, or religious society from being buried in the cemetery that is affiliated with the religious cemetery authority.

16,2852yh Section 2852yh. 157.64 (2) (e) of the statutes is amended to read:

157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).

16,2852yL Section 2852yL. 157.64 (2) (h) of the statutes is created to read:

157.64 (2) (h) Violates s. 157.112, if the violation occurs in a county with a population greater than 600,000.

16,2852yu Section 2852yu. 157.65 (1) (b) of the statutes is amended to read:

157.65 (1) (b) If the department of commerce has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of commerce may shall investigate.

16,2853 Section 2853. 157.70 (2) (i) of the statutes is amended to read:

157.70 (2) (i) Cause a cataloged burial site to be recorded by the register of deeds of the county in which the burial site is located. The historical society shall reimburse the county for the cost of recording under this paragraph from the appropriation under s. 20.245 (3) (1) (a).

16,2853r Section 2853r. 165.017 (1) of the statutes is repealed.

16,2853s Section 2853s. 165.017 (2) of the statutes is amended to read:

165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.

16,2853t Section 2853t. 165.017 (3) of the statutes is repealed.

16,2853u Section 2853u. 165.017 (5) of the statutes is repealed.

16,2854 Section 2854. 165.055 (3) of the statutes is repealed.

16,2854m Section 2854m. 165.10 of the statutes is created to read:

165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.

16,2854r Section 2854r. 165.25 (4) (a) of the statutes is amended to read:

165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of forestry, the department of tourism, and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

16,2855 Section 2855. 165.25 (4) (ar) of the statutes is amended to read:

165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51 and chs. 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

16,2856b Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.