157.11 (7) (a) The cemetery authority may annually assess upon the cemetery lots burial spaces amounts not to exceed the amounts reasonably required for actual and necessary costs for cleaning and care of cemetery lots burial spaces and care and improvement of the cemetery. Notice of the assessment, along with a copy of this section, shall be mailed to each owner or person having charge of a cemetery lot burial space, at the owner's or person's last-known post-office address, directing payment to the cemetery authority within 30 days and specifying that such assessments are a personal liability of the owner or person.
16,2852jr
Section 2852jr. 157.11 (7) (b) of the statutes is amended to read:
157.11 (7) (b) The cemetery authority may fix and determine the sum reasonably necessary for the care of the grave or cemetery lot burial space in reasonable and uniform amounts, which amounts shall be subject to the approval of the court, and may collect those amounts as part of the funeral expenses.
16,2852jt
Section 2852jt. 157.11 (7) (c) of the statutes is amended to read:
157.11 (7) (c) Before ordering distribution of the estate of a deceased person, the court shall order paid any assessment under this section, or the sum so fixed for the care of the cemetery lot or grave burial space of the deceased.
16,2852jv
Section 2852jv. 157.11 (7) (d) of the statutes is amended to read:
157.11 (7) (d) When uniform care of a cemetery lot burial space has been given for 2 consecutive years or more, for which assessments are unpaid, after notice as provided in sub. (2), right to burial is forfeited until delinquent assessments are paid. When uniform care has been given for 5 consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery lot burial space shall pass to the cemetery authority and may be sold, the payment of principal to be deposited into the care fund. Before depositing the payment of principal into the care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.
16,2852jx
Section 2852jx. 157.11 (8) (title) of the statutes is repealed.
16,2852jy
Section 2852jy. 157.11 (8) of the statutes is renumbered 157.11 (9) (am) and amended to read:
157.11 (9) (am) The A cemetery authority shall take, hold, and use any gifts, or the income and proceeds of any gifts, as may be made in trust or otherwise, for the improvement, maintenance, repair, preservation, or ornamentation of any cemetery lot burial space or structure in the cemetery, according to the terms of the gift and regulations by the cemetery authority.
16,2852jz
Section 2852jz. 157.11 (9) (title) of the statutes is repealed and recreated to read:
157.11 (9) (title) Gifts.
16,2852Lb
Section 2852Lb. 157.11 (9) (a) of the statutes is renumbered 157.11 (9) (b) and amended to read:
157.11 (9) (b) Before a cemetery authority receives a gift, the surety bonds of the cemetery authority shall be increased to cover such amount if it does not then do so. If the bonds are not filed, or the
(d) If a cemetery authority fails to do anything required by this subsection, the judge may appoint a trustee, and all property and money so given in the manner described under par. (am) or (c) and evidences of title and securities shall be delivered to the trustee.
16,2852Ld
Section 2852Ld. 157.11 (9) (c) of the statutes is created to read:
157.11 (9) (c) If a cemetery authority of a cemetery in a county with a population greater than 600,000 receives a gift for the improvement, maintenance, repair, preservation, or ornamentation of any burial space or structure in the cemetery, it shall either expend the income and proceeds of the gift or deposit the proceeds into a trust account at a financial institution, as defined in s. 705.01 (3), according to the terms of the gift and regulations of the cemetery authority. A cemetery authority of a cemetery in a county with a population greater than 600,000 that receives a gift shall maintain a gift ledger that accounts for all receipts and disbursements of gifts.
16,2852Lf
Section 2852Lf. 157.11 (9g) (title) of the statutes is amended to read:
157.11 (9g) (title) Care fund for cemetery lots burial spaces.
16,2852Lh
Section 2852Lh. 157.11 (9g) (a) 1. (intro.) of the statutes is amended to read:
157.11 (9g) (a) 1. (intro.) Except as provided in ss. 66.0603 (1) (c) 66.0603 (1m) (c) and 157.19 (5) (b), funds that are received by a cemetery authority for the care of a cemetery lot burial space shall be invested in one or more of the following manners:
16,2852Lj
Section 2852Lj. 157.11 (9g) (a) 1. c. of the statutes is amended to read:
157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise deposited by the cemetery authority in an investment approved by the department if the care funds are segregated and invested separately from all other moneys held by the cemetery authority. A cemetery authority of a cemetery in a county with a population of 600,000 or less may invest funds in the manner described in this subd. 1. c. only if the department approves the investment. A cemetery authority of a cemetery in a county with a population greater than 600,000 may invest funds in the manner described in this subd. 1. c. only if the cemetery authority submits to the department a written statement by an investment advisor licensed under ch. 551, or a broker, as defined in s. 408.102 (1) (c), that the investment is made in accordance with the standards specified in s. 881.01.
16,2852LL
Section 2852LL. 157.11 (9g) (a) 2. of the statutes is amended to read:
157.11 (9g) (a) 2. The manner in which the care funds are invested may not permit the cemetery authority to withdraw the care fund's principal amount. The, but, for a cemetery authority of a cemetery in a county with a population greater than 600,000, may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. For any cemetery authority, the income from the investment of a care fund for the care of cemetery lots burial spaces may be used only to maintain the cemetery lots burial spaces and grounds, except that if the amount of income exceeds the amount necessary to maintain the cemetery lots burial spaces or grounds properly, the excess amount may be used to maintain any other portion of the cemetery, including mausoleums. If the care funds are deposited with a city or county, or previously deposited with a village, there shall be paid to the cemetery authority annually interest on funds so deposited of not less than 2% per year. The governing body of any city or county, or any village or town in the case of previous deposits, may determine to return all or a part of any funds deposited by a cemetery authority, and that cemetery authority shall accept the returned funds within 30 days after receiving written notice of that action. If the cemetery authority is dissolved or becomes inoperative, the county or city shall use the interest on the funds for the care and upkeep of the cemetery. Deposit shall be made and the income paid over from time to time, not less frequently than once each year, and receipts in triplicate shall be given, one filed with the county clerk, one with the cemetery authority and one given to the person making the deposit. Deposits shall be in the amount of $5 or a multiple thereof. Records and receipts shall specify the cemetery lot burial space for the care of which the deposit is made. Reports of money received for care and of money and property received as gifts shall be made annually as provided in s. 157.62 (2).
16,2852Ln
Section 2852Ln. 157.11 (9g) (c) of the statutes is amended to read:
157.11 (9g) (c) Except as provided in sub. (11), any cemetery authority that sells a cemetery lot, lawn crypt, or columbarium space on or after November 1, 1991
the effective date of this paragraph .... [revisor inserts date], shall deposit 15% of each payment of principal into a care fund under par. (a) within 30 days after the last day of the month in which the payment is received, except as provided in sub. (7) (d) and s. 157.115 (2) (f). The total amount deposited must equal 15% of the total amount of all payments of principal that have been received, but not less than $25.
16,2852Lp
Section 2852Lp. 157.11 (10) of the statutes is amended to read:
157.11 (10) Exemption for religious
societies cemetery authorities. Subsections (1) to (9), (9g) (a) and (b), (9m) and (9r) do not apply, but sub. (9g) (c) does apply, to a religious society organized under ch. 187 cemetery authority.
16,2852Lt
Section 2852Lt. 157.11 (11) of the statutes is amended to read:
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, and that does not operate a cemetery in a county with a population that is greater than 600,000.
16,2852n
Section 2852n. 157.114 of the statutes is created to read:
157.114 Duty to provide for burials. (1) In this section, "cemetery authority" does not include a municipality that takes control of a cemetery under s. 157.115 (1) (b).
(2) A cemetery authority shall, insofar as practicable, provide for burials during each season, including winter. Nothing in this subsection may be construed to prohibit a cemetery authority from charging a reasonable fee to recover the costs related to providing for a burial during difficult weather conditions.
16,2852ob
Section 2852ob. 157.115 (title) of the statutes is amended to read:
157.115 (title) Abandonment of cemeteries and cemetery lots burial spaces.
16,2852obm
Section 2852obm. 157.115 (1) (title) of the statutes is amended to read:
157.115 (1) (title) Abandonment of cemeteries: all counties.
16,2852oc
Section 2852oc. 157.115 (1) (a) of the statutes is renumbered 157.115 (1) (ar).
16,2852od
Section 2852od. 157.115 (1) (ag) of the statutes is created to read:
157.115 (1) (ag) This subsection applies to cemeteries in any county.
16,2852oh
Section 2852oh. 157.115 (1) (b) and (c) of the statutes are renumbered 157.115 (1g) (b) and (c).
16,2852of
Section 2852of. 157.115 (1g) (title) of the statutes is created to read:
157.115 (1g) (title) Abandonment of cemeteries; nonpopulous counties.
16,2852og
Section 2852og. 157.115 (1g) (a) of the statutes is created to read:
157.115 (1g) (a) This subsection applies to cemeteries in counties with a population that is 600,000 or less.
16,2852oj
Section 2852oj. 157.115 (1r) of the statutes is created to read:
157.115 (1r) Abandonment of cemeteries; populous counties. (a) This subsection applies to cemeteries in counties with a population greater than 600,000.
(b) If a municipality in which a cemetery is located determines that the cemetery authority has failed to care for the cemetery for a period of 6 months or more, the municipality shall notify the cemetery authority that it has 90 days to correct the failure. Upon a showing of good cause, the municipality may grant the cemetery authority one 90-day extension to correct the failure. If the municipality finds that the cemetery authority has failed to correct the failure within the deadline specified in the notice or extension, the municipality may, after a public hearing, take control of the cemetery, manage and care for the cemetery, collect and manage all trust funds connected with the cemetery other than trust funds received by a will, or take any other action necessary to provide for the care of the cemetery. The municipality may collect from the cemetery authority any costs incurred by the municipality in exercising its authority under this paragraph.
16,2852ok
Section 2852ok. 157.115 (1t) of the statutes is created to read:
157.115 (1t) Injunction. Upon application by the department, a court may enjoin a person from acquiring ownership or control of a cemetery in a county with a population greater than 600,000 if the person has abandoned another cemetery anywhere in this state, or has owned or operated another cemetery anywhere in this state that is subsequently controlled by a municipality under sub. (1g) (b) or (c) or (1r) (b).
16,2852oL
Section 2852oL. 157.115 (2) (title) of the statutes is amended to read:
157.115 (2) (title) Abandonment of cemetery lots burial spaces.
16,2852on
Section 2852on. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:
157.115 (2) (a) 1. (intro.) "Abandoned lot space" means one or more graves of a cemetery lot burial spaces that is are not owned by the cemetery authority of the cemetery in which the cemetery lot is burial spaces are located if those graves burial spaces have not been used for the burial of human remains and if, according to the records of the cemetery authority, all of the following apply during the 50-year period immediately preceding the date on which the notice requirement under par. (c) is satisfied:
16,2852op
Section 2852op. 157.115 (2) (a) 1. a. of the statutes is amended to read:
157.115 (2) (a) 1. a. No owner has transferred any ownership interest in the cemetery lot burial space to any other person.
16,2852or
Section 2852or. 157.115 (2) (a) 1. b. of the statutes is amended to read:
157.115 (2) (a) 1. b. No owner has purchased or sold another cemetery lot or a mausoleum burial space in the cemetery.
16,2852ot
Section 2852ot. 157.115 (2) (a) 1. c. of the statutes is amended to read:
157.115 (2) (a) 1. c. No other grave in that cemetery lot burial space or adjoining cemetery lot or adjoining mausoleum burial space that is owned or partially owned by an owner has been used for the burial of human remains.
16,2852ov
Section 2852ov. 157.115 (2) (a) 1. d. of the statutes is amended to read:
157.115 (2) (a) 1. d. No grave marker, monument, or other memorial has been installed on the cemetery lot burial space.
16,2852ox
Section 2852ox. 157.115 (2) (a) 1. e. of the statutes is amended to read:
157.115 (2) (a) 1. e. No grave marker, monument, or other memorial has been installed on any other cemetery lot burial space, in the same cemetery, that is owned or partially owned by an owner.
16,2852oz
Section 2852oz. 157.115 (2) (a) 1. g. of the statutes is amended to read:
157.115 (2) (a) 1. g. The cemetery authority has not been contacted by an owner or assignee or received any other notice or evidence to suggest that an owner or assignee intends to use the cemetery lot burial space for a future burial of human remains.
16,2852pb
Section 2852pb. 157.115 (2) (a) 2. of the statutes is amended to read:
157.115 (2) (a) 2. "Assignee" means a person who has been assigned in the deceased owner's will or in any other legally binding written agreement, or who is entitled to receive under ch. 852, an ownership interest in the abandoned cemetery lot space.
16,2852pd
Section 2852pd. 157.115 (2) (a) 3. of the statutes is amended to read:
157.115 (2) (a) 3. "Owner" means a person who, according to the records of the cemetery authority of the cemetery in which an abandoned cemetery lot space is located, owns or partially owns the abandoned cemetery lot space.
16,2852pf
Section 2852pf. 157.115 (2) (b) of the statutes is amended to read:
157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot space unless the cemetery authority complies with the requirements in this subsection or the abandoned space is sold by a trustee under s. 157.117.
16,2852ph
Section 2852ph. 157.115 (2) (c) of the statutes is amended to read:
157.115 (2) (c) The cemetery authority shall mail to each owner, at each owner's last-known address, a notice of the cemetery authority's intent to resell the abandoned cemetery lot space as provided in this subsection. If an owner is buried in the cemetery in which the abandoned cemetery lot space is located or if the cemetery authority has any other evidence that reasonably supports a determination by the cemetery authority that the owner is deceased, no notice is required under this paragraph.
16,2852pj
Section 2852pj. 157.115 (2) (d) (intro.) of the statutes is amended to read:
157.115 (2) (d) (intro.) If no notice is required under par. (c) or if, within 60 days after notice is mailed under par. (c), no owner or assignee contacts the cemetery authority to express an intent to use the abandoned cemetery lot space for a future burial of human remains, the cemetery authority shall publish in a newspaper of general circulation in the county in which the abandoned lot space is located, a class 3 notice under ch. 985 that includes all of the following:
16,2852pL
Section 2852pL. 157.115 (2) (d) 1. of the statutes is amended to read:
157.115 (2) (d) 1. The location of the abandoned lot space.
16,2852pn
Section 2852pn. 157.115 (2) (d) 3. of the statutes is amended to read:
157.115 (2) (d) 3. A statement that, unless an owner or assignee contacts the cemetery authority within the period specified in par. (e), the cemetery authority intends to resell the abandoned lot space as provided in this subsection.
16,2852pp
Section 2852pp. 157.115 (2) (e) of the statutes is amended to read:
157.115 (2) (e) If within 60 days after notice is published under par. (c) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority shall bring an action in the circuit court of the county in which the abandoned lot space is located for a judgment that the cemetery lot burial space is an abandoned lot space and an order transferring ownership of the abandoned lot space to the cemetery authority.
16,2852pr
Section 2852pr. 157.115 (2) (f) of the statutes is amended to read:
157.115 (2) (f) If within one year after the circuit court enters a judgment and order under par. (e) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority may resell the abandoned lot space, except as provided in par. (g). The payment of principal shall be deposited into the care fund. Before depositing the payment of principal into the care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.
16,2852pt
Section 2852pt. 157.115 (2) (g) of the statutes is amended to read:
157.115 (2) (g) If at any time before an abandoned
lot space is resold under par. (f) an owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the authority may not resell the abandoned lot space, and ownership of the abandoned lot space shall be transferred to the owner or assignee. The cemetery authority shall pay all costs of transferring ownership under this paragraph.
16,2852pv
Section 2852pv. 157.115 (2) (h) of the statutes is amended to read:
157.115 (2) (h) Nothing in this subsection prohibits a cemetery authority from seeking the authority to resell more than one abandoned lot space by publishing a single class 3 notice under par. (d) or bringing a single action under par. (e) that applies to all of the abandoned lots spaces for which such authority is sought.
