AB588: Bill Text

AB588, s. 11 Section 11. 157.10 of the statutes is amended to read:

AB588,7,12 157.10 Alienation and use of cemetery lots. While any person is buried in a cemetery lot, the cemetery lot shall be inalienable, without the consent of the cemetery authority, and on the death of the owner, ownership of the cemetery lot shall descend to the owner's heirs; but any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot. No human remains may be buried in a cemetery lot except the human remains of one having an interest in the cemetery lot, or a relative, or the husband or wife of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot. A cemetery authority may not prohibit the burial in a cemetery lot of a relative of a person with an interest in the cemetery lot, husband or wife of such a person, or relative of a husband or wife of such a person.

AB588, s. 12 Section 12. 157.105 of the statutes is created to read:

AB588,7,21 157.105 Surcharge on cemetery lot and mausoleum space sales. A cemetery authority that sells a cemetery lot or a person operating a mausoleum that sells a mausoleum space shall assess a surcharge of $10 on each cemetery lot or mausoleum space sold by the seller. By the 15th day of the first month following the end of a calendar quarter, a cemetery authority or person operating a mausoleum shall forward to the state treasurer the surcharges assessed under this section during the calendar quarter. The state treasurer shall credit all amounts received under this section to the cemetery management reserve fund.

AB588, s. 13 Section 13. 157.11 (11) of the statutes is amended to read:

AB588,7,25 157.11 (11) Exemption for certain nonprofit cemeteries. Subsection (9g) 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.

AB588, s. 14 Section 14. 157.115 (1) (b) 1. of the statutes is renumbered 157.115 (1) (b).

AB588, s. 15 Section 15. 157.115 (1) (b) 2. of the statutes is repealed.

AB588, s. 16 Section 16. 157.115 (1) (c) of the statutes is repealed.

AB588, s. 17 Section 17. 157.115 (2) (b) of the statutes is amended to read:

AB588,8,7 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot unless the cemetery authority complies with the requirements in this subsection or the cemetery lot is sold by a trustee under s. 157.117.

AB588, s. 18 Section 18. 157.117 of the statutes is created to read:

AB588,8,10 157.117 Trustees for certain cemeteries and mausoleums. (1) Definitions. In this section:

AB588,8,13 (a) "Cemetery" does not include a cemetery the ownership, control or management of which has been assumed by a municipality under s. 157.115 (1) (b) or (c), 1997 stats., or a predecessor statute.

AB588,8,14 (b) "Local governmental unit" means a municipality or county.

AB588,8,15 (c) "Municipality" means a city, village or town.

AB588,8,16 (d) "Trustee" means a trustee appointed under sub. (2) (b).

AB588,8,22 (2) Appointment of trustee. (a) The attorney general, a local governmental unit, or 6 or more residents of a municipality in which a cemetery or mausoleum is located may petition the circuit court for the county in which the cemetery or mausoleum is located for the appointment of a trustee for the cemetery or mausoleum. A petitioner under this subsection shall serve a copy of the petition on the attorney general and the department.

AB588,9,3 (b) A court shall schedule a hearing on a petition filed under par. (a) within 90 days after the petition is filed with the court. If the court finds after a hearing that a cemetery or mausoleum is neglected, abandoned, in disuse, improperly maintained or financially unsound, the court shall appoint as a trustee for the cemetery or mausoleum the department or another capable and competent person to serve as trustee of the cemetery or mausoleum under this section.

AB588,9,10 (c) An owner of a cemetery or mausoleum may petition the court in a proceeding under par. (b) for an order surrendering title to the cemetery or mausoleum if the owner believes itself to be incapable of continuing to operate the cemetery or mausoleum. The court may grant the petition if it finds that the cemetery or mausoleum is neglected, abandoned, in disuse, improperly maintained or financially unsound. If the court grants the petition, it shall transfer title to the cemetery or mausoleum to the state and appoint a trustee under par. (b).

AB588,9,13 (d) All disputes relating to the appointment of a trustee or the actions of a trustee appointed under this section shall be resolved by the court that appointed the trustee.

AB588,9,14 (3) Trustee powers and duties. (a) A trustee shall do each of the following:

AB588,9,16 1. Be responsible for the management, maintenance and operation for each cemetery or mausoleum under trusteeship.

AB588,9,19 2. Comply with the record-keeping, audit and reporting requirements of s. 157.62 (2). A trustee shall provide the court with a copy of all records, audits and reports filed under this subdivision.

AB588,9,21 3. Provide the court with any additional information, records or reports that the court may direct.

AB588,9,23 (b) A trustee may petition the court that appointed the trustee for any of the following:

AB588,10,3 1. Transfer of ownership of a cemetery or mausoleum and all tangible and intangible real and personal property to the state under the management of the trustee.

AB588,10,5 2. Termination of the trusteeship and reversion of ownership and operation of a cemetery or mausoleum to the previous owner.

AB588,10,7 3. Termination of the trusteeship and transfer of ownership and operation of a cemetery or mausoleum to the state or a new owner.

AB588,10,9 4. Removal and reinternment of human remains in accordance with the requirements of this subchapter.

AB588,10,11 5. Termination of the trusteeship and closure of a cemetery or mausoleum after removal and reinternment of human remains under subd. 4.

AB588,10,12 (c) A trustee may do any of the following:

AB588,10,15 1. Seek a new owner or operator of a cemetery or mausoleum, including actively marketing the cemetery or mausoleum and taking any other action necessary or useful to effect the sale of the cemetery or mausoleum.

AB588,10,16 2. Assess cemetery lots for cleaning, care or improvement under s. 157.11 (7).

AB588,10,18 3. Expend funds disbursed from the cemetery management reserve fund for the purpose of exercising its powers or carrying out its duties under this section.

AB588,10,21 4. Employ professional, legal and technical experts, any such other managers, management personnel, agents and employes as may be required to exercise its powers or carry out its duties under this section.

AB588,10,23 5. Take any other action necessary or useful to the management or trusteeship of a cemetery or mausoleum.

AB588,11,3 (4) Department powers and duties. (a) The department shall promulgate rules establishing requirements and procedures to make disbursements from the appropriation under s. 20.165 (1) (q) to trustees.

AB588,11,5 (b) If appointed as a trustee under sub. (2) (b), the department shall have all the powers and duties specified in sub. (3).

AB588,11,7 (c) The department may promulgate rules to carry out the purposes of this section.

AB588,11,9 (5) Termination of trusteeship. A court that appointed a trustee shall terminate the trusteeship if any of the following applies:

AB588,11,13 (a) The owner or operator of a cemetery or mausoleum demonstrates to the satisfaction of the court that the conditions that necessitated the trusteeship have been remedied and that it is competent and capable of managing the cemetery or mausoleum.

AB588,11,17 (b) The court finds that a new operator is competent and capable of managing the cemetery or mausoleum. Upon making a finding under this paragraph, the court shall approve the transfer of the management of the cemetery or mausoleum to the new operator.

AB588,11,20 (c) The court approves the sale or transfer of a cemetery or mausoleum to the state, or to another public or private owner that the court finds is capable and competent to manage the cemetery or mausoleum on a financially sound basis.

AB588,11,22 (d) The court approves the closure of a cemetery or mausoleum after all human remains have been removed and reinterred.

AB588, s. 19 Section 19. 157.128 (3) (b) of the statutes is amended to read:

AB588,12,3 157.128 (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.

AB588, s. 20 Section 20. 157.19 (5) (a) of the statutes is amended to read:

AB588,12,11 157.19 (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, 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.

AB588, s. 21 Section 21. 157.61 of the statutes is created to read:

AB588,12,14 157.61 Identification of human remains. (1) In this section, "identification tag" means a tag that identifies a decedent.

AB588,12,20 (2) The department shall promulgate rules that require a funeral director who prepares a dead human body for burial to attach an identification tag to the human remains and to the exterior of a casket or burial vault that is used for burial of the human remains. The rules shall also require a person who cremates human remains to attach an identification tag to the interior and exterior of the cemetery merchandise and mausoleum space that is used to contain the human remains.

AB588,12,24 (3) No cemetery authority may accept human remains for burial unless the identification tags specified in sub. (2) have been attached to the casket and burial vault, or cemetery merchandise and mausoleum space, that is used for burial of the human remains.

AB588, s. 22 Section 22. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB588,13,6 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions. The report shall be made on a calendar-year basis unless the department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

AB588, s. 23 Section 23. 157.62 (2) (a) of the statutes is amended to read:

AB588,13,13 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every Every cemetery authority shall file an annual report with the department. The report shall be made on a form prescribed and furnished by the department. The report shall be made on a calendar-year basis unless the department, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period.

AB588, s. 24 Section 24. 157.62 (2) (b) 8. of the statutes is created to read:

AB588,13,18 157.62 (2) (b) 8. Information that identifies the location of all human remains that are buried at the cemetery operated by the cemetery authority. The department shall promulgate rules that establish requirements for providing information under this subdivision.

AB588, s. 25 Section 25. 157.62 (2) (e) of the statutes is created to read:

AB588,13,22 157.62 (2) (e) The department shall provide a copy of each report filed under par. (a) to the city, village or town in which the cemetery that the cemetery authority operates is located.

AB588, s. 26 Section 26. 157.62 (6) of the statutes is amended to read:

AB588,14,6 157.62 (6) Audit. Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9) (e), the The department may shall 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 shall 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.

AB588, s. 27 Section 27. 157.625 of the statutes is repealed.

AB588, s. 28 Section 28. 157.63 of the statutes is repealed.

AB588, s. 29 Section 29. 157.64 (2) (f) of the statutes is repealed.

AB588, s. 30 Section 30. 157.64 (2) (h) of the statutes is created to read:

AB588,14,11 157.64 (2) (h) Violates s. 157.112.

AB588, s. 31 Section 31. 157.64 (3) of the statutes is amended to read:

AB588,14,14 157.64 (3) Any person who intentionally commits an act specified under sub. (2) (a) to (f) (e) with intent to defraud may be punished for theft under s. 943.20.

AB588, s. 32 Section 32. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and amended to read:

AB588,14,20 440.03 (13) (a) The Except as provided in par. (b), the department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record.

AB588,15,2 (c) In conducting an investigation under this subsection par. (a) or (b), the department may require an applicant to provide any information that is necessary for the investigation or, for the purpose of obtaining information related to an arrest or conviction record of an applicant, to complete forms provided by the department of justice or the federal bureau of investigation. The department shall charge the applicant any fees, costs or other expenses incurred in conducting the investigation under this subsection par. (a) or (b).

AB588, s. 33 Section 33. 440.03 (13) (b) of the statutes is created to read:

AB588,15,7 440.03 (13) (b) Before granting a credential to a cemetery authority, cemetery salesperson or preneed seller, or renewing such a credential, the department shall conduct an investigation to determine whether a person specified in s. 440.93 (1) (intro.) has been convicted of an offense specified in s. 440.93 (1) (d).

AB588, s. 34 Section 34. 440.91 (1) of the statutes is amended to read:

AB588,15,14 440.91 (1) Except as provided in sub. (6m), every Every cemetery authority that sells or solicits the sale of a total of 10 or more cemetery lots or mausoleum spaces during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority.

AB588, s. 35 Section 35. 440.91 (2) (intro.) of the statutes is amended to read:

AB588,15,25 440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual who sells or solicits the sale of, or who expects to sell or solicit the sale of, a total of 10 or more cemetery lots or mausoleum spaces during a calendar year shall register with the department. An individual may not be registered as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department that the individual is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and furnish to the department, in such form as the department prescribes, all of the following information:

AB588, s. 36 Section 36. 440.91 (6m) and (7) of the statutes are repealed.

AB588, s. 37 Section 37. 440.92 (1) (a) of the statutes is amended to read:

AB588,16,7 440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is required to be registered under this subsection.

AB588, s. 38 Section 38. 440.92 (9) of the statutes is repealed.

AB588, s. 39 Section 39. 440.92 (10) of the statutes is amended to read:

AB588,16,12 440.92 (10) Exemptions; certain nonprofit cemeteries. This section 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.

AB588, s. 40 Section 40. 440.95 (4) (d) of the statutes is repealed.

AB588, s. 41 Section 41. 445.12 (1m) of the statutes is created to read:

AB588,16,17 445.12 (1m) No funeral director may prepare a dead human body for burial unless the funeral director attaches identification tags as required under the rules promulgated under s. 157.61 (2).

AB588, s. 42 Section 42. Initial applicability.