157.62(2)(b)5.
5. An accounting of all gifts received, income from gifts deposited in accounts not accounted for under
subd. 4., amounts expended from those accounts and the balance of those accounts at the end of the reporting period.
157.62(2)(b)6.
6. The name and address of each trustee for the funds under
subds. 3. to
5. and of the financial institution holding those accounts at the close of the reporting period.
157.62(2)(c)
(c) All records relating to accountings of trust funds described under
par. (b) 3. to
7. and maintained by the department are confidential and are not available for inspection or copying under
s. 19.35 (1).
157.62(2)(d)
(d) The department shall review each report filed under
par. (a) to determine whether the cemetery authority is complying with this subchapter.
157.62(3)(a)(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 space in a cemetery owned or operated by the cemetery authority.
157.62(3)(b)
(b) Every cemetery authority shall maintain all of the following:
157.62(3)(b)2.
2. Records that show, for each deposit in a trust fund or account specified in
sub. (2) (b) 3. or
4., the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased.
157.62(3)(b)3.
3. A copy of each contract for the sale of a cemetery lot, mausoleum space or cemetery merchandise.
157.62(4)
(4) Records maintenance. The records under
sub. (3) (b) 1. shall be permanently maintained by the cemetery authority or licensee. Each record under
sub. (3) (b) 2. shall be maintained for not less than 3 years after the date of the deposit. Each copy of a contract under
sub. (3) (b) 3. shall be maintained for not less than 3 years after all of the obligations of the contract have been fulfilled. The department may promulgate rules to establish longer time periods for maintaining records under
sub. (3) (b) 2. and
3.
157.62(5)
(5) Rules; records. The department may promulgate rules requiring cemetery authorities and licensees to maintain other records and establishing minimum time periods for the maintenance of those records.
157.62(6)
(6) Audit. 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, 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.
157.62(7)
(7) Rules; filing fee. The department may promulgate rules establishing a filing fee to accompany the report required under
sub. (2) (a). The filing fee shall be based on the approximate cost of regulating cemetery authorities.
157.625
157.625
Reporting exemption for certain cemeteries. 157.625(1)(1) A cemetery authority 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).
157.625(2)
(2) A cemetery authority 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).
157.625(3)
(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.
157.625 History
History: 1991 a. 269.
157.63
157.63
Reporting and auditing exemptions; certification of compliance of cemetery affiliated with religious society. 157.63(1)(1) In lieu of filing an annual report under
s. 157.62 (2), a cemetery authority of a cemetery that is affiliated with a religious society organized under
ch. 187 or that religious society may file an annual certification with the department as provided in this section.
157.63(2)
(2) A certification under this section shall be made on a form prescribed and furnished by the department and include all of the following:
157.63(2)(a)
(a) The name and address of each cemetery to which the certification applies.
157.63(2)(b)
(b) A notarized statement of a person who is legally authorized to act on behalf of the religious society under this section that, during the reporting period under
s. 157.62, each cemetery and the 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).
157.63(3)
(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 cemetery authority did not fully comply with
s. 157.11 (9g) or
157.12 (3).
157.63(4)
(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 cemetery authority is certified under this section to have fully or substantially complied with
ss. 157.11 (9g) and
157.12 (3).
157.63(5)
(5) During the effective period specified under
sub. (4), the department may not audit the care funds or any records or accounts relating to the care funds of a cemetery to which a certification under this section applies.
157.63(6)
(6) The 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 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.
157.63 History
History: 1989 a. 307;
1991 a. 269.
157.635
157.635
Regulations of cemetery affiliated with religious society. Nothing in this subchapter prohibits a 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 under regulations adopted by the cemetery authority or religious society from being buried in the cemetery.
157.635 History
History: 1989 a. 307.
157.64(1)(1) In addition to or in lieu of other remedies provided by law, any person who violates this subchapter or any rule promulgated under this subchapter may be required to forfeit not more than $200 for each separate offense. Each day of continued violation constitutes a separate offense.
157.64(2)
(2) 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:
157.64(2)(c)
(c) Fails to deposit or invest care funds or preneed trust funds as required in
s. 157.19.
157.64(3)
(3) Any person who intentionally commits an act specified under
sub. (2) (a) to
(f) with intent to defraud may be punished for theft under
s. 943.20.
157.65(1)(a)(a) If the department of regulation and licensing has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of regulation and licensing may investigate.
157.65(1)(b)
(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 investigate.
157.65(2)
(2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing or the department of commerce to exercise its authority under
sub. (1) to aid in the investigation of alleged violations of this subchapter.
157.65(3)
(3) In lieu of instituting or continuing an action under this section, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this subchapter from the person who has engaged in the act or practice. An assurance entered into under this subsection shall not be considered evidence of a violation of this subchapter, but a violation of the assurance shall be treated as a violation of this subchapter.
BURIAL SITES PRESERVATION
157.70
157.70
Burial sites preservation. 157.70(1)(a)
(a) "Board" means the burial site preservation board.
157.70(1)(b)
(b) "Burial site" means any place where human remains are buried.
157.70(1)(d)
(d) "Director" means the director of the historical society or his or her formally appointed designee.
157.70(1)(e)
(e) "Disturb" includes defacing, mutilating, injuring, exposing, removing, destroying, desecrating or molesting in any way.
157.70(1)(f)
(f) "Human remains" means any part of the body of a deceased person in any stage of decomposition.
157.70(1)(g)
(g) "Interest" means an interest based on any of the following:
157.70(1)(g)5.
5. A commercial purpose not related to land use which is consistent with the purposes of this section.
157.70(1)(g)6.
6. Any other interest which the board deems to be in the public interest.
157.70(1)(h)
(h) "Owner" means a person who owns or leases land on which a burial site is located.
157.70(1)(i)
(i) "Qualified archaeologist" means an individual who has a graduate degree in archaeology, anthropology or a closely related field and at least one year of full-time professional experience or equivalent specialized training in archaeological or physical anthropological research, administration or management, at least 4 months of supervised field and analytic experience in general North American archaeology or physical anthropology and a demonstrated ability to carry research to completion.
157.70(1m)
(1m) Applicability. This section does not apply to the disturbance of cataloged land contiguous to a cataloged burial site if the cataloged burial site was recorded under
sub. (2) (i) before August 9, 1989.
157.70(2)
(2) Director's duties. The director shall:
157.70(2)(a)
(a) Under a special inspection warrant as required under
s. 66.122, identify and record in a catalog burial sites in this state and, for burial sites which are not dedicated, sufficient contiguous land necessary to protect the burial site from disturbance, and notify in writing every owner of a burial site or of such land so recorded and any county or local historical society in the county where the burial site or the land is located. Any information in the catalog related to the location of any burial site, the disclosure of which would be likely to result in the disturbance of the burial site or the cataloged land contiguous to the burial site, is not subject to
s. 19.35 (1). The notice shall include information about the permit required under
sub. (5) and the toll free number the owner may call for more information. In this paragraph, "sufficient contiguous land" means land that is within at least 5 feet from any part of a burial site.
157.70(2)(b)
(b) Identify and record in a catalog burial sites likely to be of archaeological interest or areas likely to contain burial sites. Any information in the catalog related to the location of any burial site likely to be of archaeological interest or of any area likely to contain a burial site, the disclosure of which would be likely to result in the disturbance of the burial site or the cataloged land contiguous to a cataloged burial site, is not subject to
s. 19.35 (1).
157.70(2)(c)
(c) Make recommendations concerning burial sites on private property for acquisition by the state or other public agencies to preserve the burial sites.
157.70(2)(d)
(d) Provide for and publicize a telephone service which allows any person in this state to call, without charge, the director to report a discovery or disturbance of a burial site.
157.70(2)(e)
(e) Establish a registry for any person whom the board determines to have an interest in a cataloged burial site or class of cataloged burial sites under
sub. (2m) (b) or
(c). The registry shall include the name of every person whom the board determines to have an interest in the preservation of a burial site or in providing for the reinterment of the human remains and objects related to burial in the burial site if the burial site is disturbed and identify the burial site in which the person is determined to have an interest. Any information in the registry related to the location of any burial site, the disclosure of which would be likely to result in disturbance of the burial site, is not subject to disclosure under
s. 19.35 (1).
157.70(2)(g)
(g) Assist Indian tribes, state agencies and other persons in any negotiation with any federal agency for the preservation of burial sites and human remains.
157.70(2)(h)
(h) Mediate, upon application of any owner or person in the registry under
par. (e), any dispute related to the disturbance or proposed disturbance of a burial site.
157.70(2)(i)
(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) (a).
157.70(2m)(b)
(b) Determine which Indian tribes in this state have an interest in any cataloged burial site or class of cataloged burial sites and notify the director for entry in the registry under
sub. (2) (e).
157.70(2m)(c)
(c) Determine which applicants for entry in the registry under
sub. (2p) have an interest in a cataloged burial site or class of cataloged burial sites.
157.70(2m)(d)
(d) As it deems necessary, review determinations of the director and the division of hearings and appeals in the department of administration under
sub. (5).
