AB118,2
1Section 2. 44.02 (23) of the statutes is amended to read:
AB118,5,72 44.02 (23) Identify any archaeological site, including contiguous land
3necessary to protect the site, in this state that is listed in the national register of
4historic places in Wisconsin or the state register of historic places and that is not
5cataloged under s. 157.70 (2) (a). Any information collected under this subsection the
6disclosure of which would be likely to result in the disturbance of an archaeological
7site is not subject to s. 19.35 (1).
AB118,3 8Section 3. 70.11 (13) of the statutes is amended to read:
AB118,5,159 70.11 (13) Cemeteries. Land owned by cemetery authorities, as defined in s.
10157.061 (2), and used exclusively as public burial grounds and tombs and
11monuments therein, and privately owned burial lots; land adjoining such burial
12grounds, owned and occupied exclusively by the cemetery authority for cemetery
13purposes; personal property owned by any cemetery authority and necessary for the
14care and management of burial grounds; burial sites and contiguous lands which are
15cataloged under s. 157.70 (2) (a).
AB118,4 16Section 4. 157.70 (1) (c) of the statutes is amended to read:
AB118,5,1817 157.70 (1) (c) “Cataloged" means recorded under sub. (2) (a), (4) (e) or (6) (c) or
18s. 157.70 (2) (a), 2015 stats., or s. 157.70 (2) (b), 2015 stats
.
AB118,5 19Section 5. 157.70 (1) (em) of the statutes is created to read:
AB118,5,2120 157.70 (1) (em) “Division” means the division of hearings and appeals in the
21department of administration.
AB118,6 22Section 6. 157.70 (1) (gm) of the statutes is created to read:
AB118,5,2423 157.70 (1) (gm) “Notify” means to communicate by letter or by electronic mail
24or other electronic means approved by the director.
AB118,7 25Section 7 . 157.70 (2) (a) of the statutes is amended to read:
AB118,7,2
1157.70 (2) (a) Under a special inspection warrant as required under s. 66.0119,
2identify and record in a catalog
Identify burial sites in this state and, for burial sites
3which that are not dedicated, sufficient contiguous land necessary to protect the
4burial site from disturbance, and. For any such burial site for which the director
5determines there is sufficient evidence under sub. (2c), the director shall
notify in
6writing
every owner of a the burial site or of such and contiguous land so recorded
7and
identified that the site or land will be recorded in a catalog unless the owner
8requests a hearing under sub. (2g) (a). The director shall include in the notice the
9date by which the director intends to record the site or land in the catalog, which shall
10be no less than 30 days after the date of the notice. If the director's determination
11is not contested under sub. (2g) (a), the director shall record the site and land so
12identified in a catalog. If the director's determination is contested under sub. (2g)
13(a), the director shall record the site and land in the catalog only as subsequently
14permitted by a final decision of the board, the division, or a court. Whenever a burial
15site and land are recorded in the catalog under this paragraph, the director shall
16notify every owner and
any county or local historical society in the county where the
17burial site or the land is located. Any information in the catalog related to the
18location of any burial site, the disclosure of which would be likely to result in the
19disturbance of the burial site or the cataloged land contiguous to the burial site, is
20not subject to s. 19.35 (1). The A notice of a recording in the catalog shall include
21information about the permit required under sub. (5) and the toll free number the
22owner may call for more information. The director may, in order to carry out his or
23her duties under this paragraph, obtain a special inspection warrant as provided in
24s. 66.0119 if entry to the site has been refused.
In this paragraph, “ sufficient
25contiguous land" means land that is within at least 5 10 feet from any part of a burial

1site, unless the director determines based on the unique characteristics of the land
2that a shorter distance is sufficient to protect the burial site from disturbance
.
AB118,8 3Section 8. 157.70 (2) (b) of the statutes is repealed.
AB118,9 4Section 9. 157.70 (2) (e) of the statutes is amended to read:
AB118,7,135 157.70 (2) (e) Establish a registry for any person whom the board determines
6to have an interest in a cataloged burial site or class of cataloged burial sites under
7sub. (2m) (b) or (c). The registry shall include the name of every person whom the
8board determines to have an interest in the preservation of a burial site or in
9providing for the reinterment of the human remains and objects related to burial in
10the burial site if the burial site is disturbed and identify the burial site in which the
11person is determined to have an interest. Any information in the registry related to
12the location of any burial site, the disclosure of which would be likely to result in
13disturbance of the burial site, is not subject to disclosure under s. 19.35 (1).
AB118,10 14Section 10. 157.70 (2) (f) of the statutes is repealed.
AB118,11 15Section 11 . 157.70 (2) (j) of the statutes is created to read:
AB118,7,1716 157.70 (2) (j) Submit an annual report to the legislature under s. 13.172 (2)
17containing all of the following:
AB118,7,1818 1. The director's current recommendations under par. (c).
AB118,7,2019 2. The number of burial sites recorded in the catalog at the time the report is
20prepared.
AB118,7,2321 3. A summary of disturbance activities authorized under sub. (4), including a
22summary of information submitted to the board in written reports under sub. (4) (f),
23since the previous report was issued.
AB118,8,3
14. A summary of applications received under sub. (5) since the previous report
2was issued, and information regarding the approval or denial of those applications
3by the director or the division.
AB118,8,54 5. A summary of appeals to the board under sub. (5) (c) 5. made since the
5previous report was issued.
AB118,8,76 6. A summary of any other activities of the board since the previous report was
7issued.
AB118,8,98 7. A summary of all violations of this section and all penalties imposed as a
9result of those violations.
AB118,12 10Section 12. 157.70 (2c) of the statutes is created to read:
AB118,8,1211 157.70 (2c) Relevant evidence for recording in the catalog. (a) In this
12subsection:
AB118,8,1413 1. “Grave marker" means any surface indication of a burial, including
14monuments, spirit houses, wooden crosses, or Indian mounds.
AB118,8,1615 2. “Historical documentation" means information from any of the following
16types of independent sources:
AB118,8,1717 a. Church records.
AB118,8,1818 b. Deeds.
AB118,8,1919 c. Maps.
AB118,8,2020 d. Other written and oral sources.
AB118,8,2221 (b) In determining whether to record burial sites in the catalog under sub. (2)
22(a), the director shall consider the following types of evidence from any person:
AB118,8,2423 1. Physical evidence, as demonstrated by archaeological or written historical
24reports showing the presence of human remains or grave markers.
AB118,8,2525 2. Historical documentation.
AB118,9,1
13. Oral depositions or affidavits.
AB118,9,22 4. Oral histories.
AB118,13 3Section 13 . 157.70 (2g) of the statutes is created to read:
AB118,9,174 157.70 (2g) Proceedings to contest recording in the catalog. (a) If an owner
5wishes to contest a determination by the director under sub. (2) (a), the owner may,
6prior to the date stated in the notice under sub. (2) (a) that the director will record
7the burial site and land in the catalog, request a hearing before the board to review
8the director's determination. If such a request is made, the board shall hold a hearing
9within 90 days after the date of the request. At the hearing, the director has the
10burden of proving, using the types of evidence described under sub. (2c) (b), that a
11burial site is present on the land. If a hearing is requested under this paragraph and
12the director has not yet physically inspected the land in question as permitted under
13sub. (2) (a), the director shall do so prior to the hearing. Following the hearing, the
14board shall issue a decision regarding whether to record the burial site or land in the
15catalog and, no later than 60 days after the hearing, shall send a copy of its decision
16to the director and the owner. A hearing held under this paragraph is not a contested
17case hearing under ch. 227.
AB118,9,2118 (b) Within 30 days after the date of the board's decision under par. (a), the owner
19shall have the right to a contested case hearing regarding whether the director
20should record the burial site or land in the catalog. A hearing under this paragraph
21shall be conducted by the division.
AB118,9,2522 (c) From the time of the notice under sub. (2) (a) that the site or land will be
23recorded in the catalog unless the owner requests a hearing under par. (a) until all
24proceedings under this subsection are concluded, notwithstanding sub. (4), no
25person may conduct any soil disturbance activity on the site or land, except that the

1proposed activity may be conducted if the director determines that the proposed
2activity will not disturb the burial site.
AB118,14 3Section 14 . 157.70 (2j) of the statutes is created to read:
AB118,10,74 157.70 (2j) Removal from catalog. (a) The director shall, on his or her own
5initiative or in response to a request from the owner or another interested person,
6propose that land be removed from the catalog if the director determines that no
7burial site is present on the land because of any of the following:
AB118,10,88 1. Naturally occurring changes to the landscape.
AB118,10,109 2. Removal of human remains from the burial site under sub. (4) (c) 3. a. or (5)
10(c) 3.
AB118,10,1411 3. Newly discovered evidence that, if known at the time of the determination
12to record in the catalog, and taking into account the types of evidence required to be
13considered under sub. (2c), would have resulted in a determination not to record the
14burial site or land in the catalog.
AB118,10,2115 (b) 1. If the director proposes to remove land from the catalog under par. (a),
16the director shall notify the owner, interested persons listed on the registry under
17sub. (2) (e), county or local historical societies, the relevant municipality, and, if
18applicable, the person who submitted an application to have the site recorded in the
19catalog of the director's proposal to remove the land from the catalog, and invite those
20persons to submit comments on the proposal. The director shall allow comments for
21a period of no less than 60 days.
AB118,11,222 2. Following the expiration of the comment period under subd. 1., the director
23shall review any comments submitted, make any appropriate modifications in
24response to those comments, and issue a decision regarding removal of the land from

1the catalog. The director shall provide notice of his or her decision to the persons
2notified under subd. 1.
AB118,11,63 3. Within 30 days after the date of the notice described in subd. 2., a person
4notified under subd. 1. may appeal the director's decision to the board. The board
5shall review the director's decision and issue a decision as to whether the land should
6be removed from the catalog.
AB118,11,107 4. Within 30 days after the date of the board's decision under subd. 3., a person
8notified under subd. 1. shall have the right to a contested case hearing regarding
9whether the land should be removed from the catalog. A hearing under this
10subdivision shall be conducted by the division.
AB118,11,1611 5. If no appeal of a decision to remove land from the catalog is filed within the
12period specified under subd. 3., if a decision to remove land from the catalog is upheld
13by the board following an appeal to the board under subd. 3. and no hearing is
14requested under subd. 4., or if a decision to remove land from the catalog is upheld
15by the division following a hearing requested under subd. 4., the director shall
16immediately do all of the following:
AB118,11,1717 a. Remove the land from the catalog.
AB118,11,1918 b. Submit a request to the register of deeds for the county in which the land is
19located to record a notice that the land has been removed from the catalog.
AB118,15 20Section 15. 157.70 (2m) (b) of the statutes is amended to read:
AB118,11,2321 157.70 (2m) (b) Determine which Indian tribes in this state have an interest
22in any cataloged burial site or class of cataloged burial sites and notify the director
23for entry in the registry under sub. (2) (e).
AB118,16 24Section 16. 157.70 (2m) (c) of the statutes is amended to read:
AB118,12,2
1157.70 (2m) (c) Determine which applicants for entry in the registry under sub.
2(2p) have an interest in a cataloged burial site or class of cataloged burial sites.
AB118,17 3Section 17. 157.70 (2m) (d) of the statutes is amended to read:
AB118,12,64 157.70 (2m) (d) As it deems necessary, review determinations of the director
5and the division of hearings and appeals in the department of administration under
6sub. (5).
AB118,18 7Section 18. 157.70 (2m) (g) and (h) of the statutes are created to read:
AB118,12,88 157.70 (2m) (g) Hold hearings and issue decisions under sub. (2g) (a).
AB118,12,109 (h) Review decisions of the director and issue decisions regarding removal of
10land from the catalog under sub. (2j) (b) 3.
AB118,19 11Section 19. 157.70 (3) (b) of the statutes is amended to read:
AB118,12,1412 157.70 (3) (b) Upon receipt of any notice under par. (a), the director shall
13determine if the burial site which is the subject of the notice has been cataloged under
14sub. (2) (a)
.
AB118,20 15Section 20. 157.70 (4) (a) of the statutes is amended to read:
AB118,12,2316 157.70 (4) (a) If the director determines that a burial site reported under sub.
17(3) (a) is not cataloged under sub. (2) (a), he or she shall immediately provide the
18person who made the report under sub. (3) (a) with confirmation that the report has
19been received and shall also immediately
notify the owner of the burial site of the
20procedure under this subsection and of the liabilities and penalties which apply for
21failure to comply with the procedure. If the director deems it appropriate, he or she
22may give notice to notify the board, and to any person who has or may have an
23interest in the burial site, that a burial site has been reported under sub. (3).
AB118,21 24Section 21. 157.70 (4) (cm) of the statutes is created to read:
AB118,13,7
1157.70 (4) (cm) The director shall notify an owner under par. (c) 2. or 3.,
2whichever is applicable, within 30 days after confirming receipt of a notification of
3a disturbance or possible disturbance under sub. (3) (a), except that if the director
4cannot make a determination under par. (c) 2. or 3. within that period, he or she shall
5notify the owner that additional time, which may not exceed 30 days, is necessary
6to make the determination, and include in that notification the reasons he or she
7needs additional time to make the determination.
AB118,22 8Section 22. 157.70 (4) (d) of the statutes is amended to read:
AB118,13,129 157.70 (4) (d) If the director determines that an owner has satisfied the
10requirements under par. (c) 3., he or she shall, within 30 days after making that
11determination,
notify the owner of the owner's right to cause or permit any activity
12which is in keeping with the owner's action under par. (c) 3.
AB118,23 13Section 23. 157.70 (5) (b) (intro.) and 1. of the statutes are consolidated,
14renumbered 157.70 (5) (b) 1. and amended to read:
AB118,13,2115 157.70 (5) (b) 1. Any person who intends to cause or permit any activity on a
16cataloged burial site or on cataloged land contiguous to a cataloged burial site which
17in any way might disturb the burial site or the land shall: 1. Apply apply to the
18director for a permit to disturb the burial site or the land. The application shall
19include the purpose of the disturbance and the names and addresses of any persons
20notified under subd. 2. The director shall send the applicant the names of any person
21in the registry with an interest in the burial site
.
AB118,24 22Section 24. 157.70 (5) (b) 2. of the statutes is amended to read:
AB118,14,323 157.70 (5) (b) 2. On a form provided by the The director, shall notify any person
24whose name the director has sent under subd. 1. shown on the registry under sub.
25(2) (e) to have an interest in the burial site
of the proposed disturbance. The notice

1to any person under this subdivision shall include information on the notified
2person's right to a hearing on whether the director should grant a permit to disturb
3the burial site or the land.
AB118,25 4Section 25. 157.70 (5) (c) 1. of the statutes is amended to read:
AB118,14,125 157.70 (5) (c) 1. Upon request of the applicant or any person notified under par.
6(b), or if the director determines that a hearing is necessary, the director shall request
7the division of hearings and appeals in the department of administration to conduct
8a hearing on whether a permit should be issued to disturb the burial site or the land
9which is the subject of the request. If in any part of the hearing the location of a burial
10site is the subject of the testimony, such part of the hearing shall be conducted in a
11session closed to the public and the record of such part of the hearing shall be exempt
12from disclosure under s. 19.35 (1).
AB118,26 13Section 26. 157.70 (5) (c) 2. (intro.) of the statutes is amended to read:
AB118,14,2514 157.70 (5) (c) 2. (intro.) If a hearing is requested or determined to be necessary
15under subd. 1., the division of hearings and appeals in the department of
16administration
shall conduct a hearing to determine whether the benefits to the
17permit applicant in disturbing the burial site or the land outweigh the benefits to all
18other persons shown on the registry under sub. (2) (e) to have an interest in not
19disturbing the burial site or the land. If the division finds in favor of the applicant,
20the division shall issue a determination in favor of granting a permit to disturb a
21burial site or the land which is the subject of the hearing under this paragraph. In
22making the determination, the division shall consider the interest of the public in
23addition to the interests of the parties. If any of the following classes of interest are
24represented in the hearing, the division shall weight the interests in the following
25order of priority:
AB118,27
1Section 27. 157.70 (5) (c) 2m. of the statutes is amended to read:
AB118,15,82 157.70 (5) (c) 2m. If the division makes a determination for granting a permit
3to disturb a burial site which that is the subject of the hearing under this paragraph,
4the division may, except as provided in subd. 2o., determine the person to whom the
5human remains and objects related to the burial in the burial site should be
6transferred for analysis and reinterment or other appropriate disposition when the
7burial site is disturbed. In making such a determination, the division shall follow
8the order of priority prescribed in sub. (6) (a).
AB118,28 9Section 28. 157.70 (5) (c) 2o. of the statutes is created to read:
AB118,15,1910 157.70 (5) (c) 2o. If human remains and objects related to the burial in the
11burial site are determined by a qualified archaeologist approved by the director to
12be of tribal descent, the division shall request that the Wisconsin Inter-Tribal
13Repatriations Committee or its designee determine the appropriate disposition of
14the remains or objects. If the Wisconsin Inter-Tribal Repatriations Committee or its
15designee declines the director's request, the division shall determine the person to
16whom the remains and objects should be transferred as otherwise provided in subd.
172m. The Wisconsin Inter-Tribal Repatriations Committee or its designee shall
18submit to the director a written report of any disposition action taken under this
19subdivision.
AB118,29 20Section 29. 157.70 (5) (c) 3. of the statutes is amended to read:
AB118,16,221 157.70 (5) (c) 3. If the determination under subd. 1m. or 2. is for granting a
22permit to disturb a burial site which is the subject of the hearing under this
23paragraph
, the director shall grant the permit if the owner authorizes the director
24or a qualified archaeologist approved by the director to excavate the burial site to
25remove, within a reasonable time, beginning within 30 days of when ground

1conditions permit, for disposition under sub. (6), any human remains and objects
2related to the burial in the burial site to be disturbed under the permit.
AB118,30 3Section 30. 157.70 (5) (c) 5. of the statutes is amended to read:
AB118,16,64 157.70 (5) (c) 5. Any party in a hearing under this paragraph may appeal the
5determination made by the director or the division under subd. 1m. or 2. may be
6appealed
to the board.
AB118,31 7Section 31. 157.70 (6) (a) (intro.) of the statutes is amended to read:
AB118,16,208 157.70 (6) (a) (intro.) If Except as provided in par. (bm), if human remains and
9objects related to the burial in the site are removed from a burial site under sub. (4)
10(c) 3. a. or (5) (c) 3. and the division has not determined under sub. (5) (c) 2m. the
11person to whom such remains and objects should be transferred for analysis and
12reinterment or other appropriate disposition, the director shall notify any person in
13the registry under sub. (2) (e) with an interest in the analysis and reinterment or
14appropriate disposition of such human remains and objects. The director shall
15transfer the remains and objects to such person for appropriate reinterment or other
16appropriate disposition upon receipt of a written application by any person with an
17interest in the analysis and reinterment or other appropriate disposition based on
18the following, in the order of priority stated, when persons in prior classes are not
19available at the time of application and in the absence of actual notice of opposition
20by a member of the same or a prior class:
Loading...
Loading...