Amendment JR2 AA61-ASA1-AB1

AB1-ASA1-AA61, s. 155w Section 155w. 69.22 (1r) of the statutes is created to read:

AB1-ASA1-AA61,6,24 69.22 (1r) By the 15th day of the first month following the end of a calendar quarter, the state registrar and any person acting under this subchapter shall forward to the state treasurer the amounts specified in sub. (1) (e) and (f) that are received during the calendar quarter. The state treasurer shall credit all amounts received under this subsection to the cemetery management insurance fund.".

AB1-ASA1-AA61,7,1 8. Page 173, line 16: after that line insert:

AB1-ASA1-AA61,7,3 " Section 338bc. 157.061 (1) of the statutes is renumbered 157.061 (1c) and amended to read:

AB1-ASA1-AA61,7,5 157.061 (1c) "Burial" means entombment, inurnment or, interment, or placement in a mausoleum, vault, crypt, or columbarium.

AB1-ASA1-AA61, s. 338bg Section 338bg. 157.061 (1b) of the statutes is created to read:

AB1-ASA1-AA61,7,7 157.061 (1b) "Board" means the cemetery board.

AB1-ASA1-AA61, s. 338bL Section 338bL. 157.061 (1d) of the statutes is created to read:

AB1-ASA1-AA61,7,12 157.061 (1d) "Burial space" means a space that is used or intended to be used for the burial of human remains and, when used in reference to the sale, purchase, or ownership of a burial space, includes the right to bury human remains in the burial space.

AB1-ASA1-AA61, s. 338bp Section 338bp. 157.061 (1j) of the statutes is created to read:

AB1-ASA1-AA61,7,14 157.061 (1j) "Business representative" has the meaning given in s. 452.01 (3k).

AB1-ASA1-AA61, s. 338bt Section 338bt. 157.061 (1p) of the statutes is created to read:

AB1-ASA1-AA61,7,17 157.061 (1p) "Cemetery" means a place that is dedicated to and used or intended to be used for the final disposition of human remains.

AB1-ASA1-AA61, s. 338bbx Section 338bbx. 157.061 (2m) of the statutes is amended to read:

AB1-ASA1-AA61,7,21 157.061 (2m) "Cemetery lot" means a grave or 2 or more contiguous graves and, when used in reference to the sale, purchase or ownership of a cemetery lot, includes the right to bury human remains in that cemetery lot.

AB1-ASA1-AA61, s. 338cc Section 338cc. 157.061 (3) of the statutes is amended to read:

AB1-ASA1-AA61,8,4 157.061 (3) "Cemetery merchandise" means goods associated with the burial of human remains, including monuments, markers, nameplates, vases, and urns, and any services that are associated with supplying or delivering those goods or with the burial of human remains and that may be lawfully provided by a cemetery authority, including opening and closing of a burial space. The term does not include caskets or outer burial containers.

AB1-ASA1-AA61, s. 338cg Section 338cg. 157.061 (3g) of the statutes is created to read:

AB1-ASA1-AA61,8,7 157.061 (3g) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremains.

AB1-ASA1-AA61, s. 338cL Section 338cL. 157.061 (3r) of the statutes is created to read:

AB1-ASA1-AA61,8,10 157.061 (3r) "Columbarium space" means a niche, crypt, or specific place in a columbarium that contains or is intended to contain cremains.

AB1-ASA1-AA61, s. 338cp Section 338cp. 157.061 (8g) of the statutes is created to read:

AB1-ASA1-AA61,8,14 157.061 (8g) "Lawn crypt" means an interment space in chambers that are preplaced at either a single depth or multiple depths and that are located primarily underground.

AB1-ASA1-AA61, s. 338ct Section 338ct. 157.061 (8r) of the statutes is created to read:

AB1-ASA1-AA61,8,17 157.061 (8r) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB1-ASA1-AA61, s. 338cx Section 338cx. 157.061 (11r) of the statutes is amended to read:

AB1-ASA1-AA61,8,24 157.061 (11r) "Payment of principal" means the portion of a payment for the purchase of a cemetery lot, cemetery merchandise or a mausoleum burial space that represents the principal amount owed by the purchaser for the cemetery lot, cemetery merchandise or mausoleum burial space, and does not include any portion of the payment that represents any taxes, finance or interest charges , or insurance premiums.

AB1-ASA1-AA61, s. 338dc Section 338dc. 157.061 (14m) of the statutes is created to read:

AB1-ASA1-AA61,9,2 157.061 (14m) "Registered cemetery authority" means a cemetery authority that is registered under s. 440.91 (1m).

AB1-ASA1-AA61, s. 338dg Section 338dg. 157.061 (15) of the statutes is amended to read:

AB1-ASA1-AA61,9,6 157.061 (15) "Religious association" means any church, synagogue, or mosque or any, incorporated college of a religious order, or religious society organized under ch. 187.

AB1-ASA1-AA61, s. 338dL Section 338dL. 157.061 (15m) of the statutes is created to read:

AB1-ASA1-AA61,9,9 157.061 (15m) "Religious cemetery authority" means a cemetery authority of a cemetery owned and operated by a religious association.

AB1-ASA1-AA61, s. 338dp Section 338dp. 157.061 (17) of the statutes is amended to read:

AB1-ASA1-AA61,9,13 157.061 (17) "Undeveloped space" means a mausoleum space, columbarium space, or lawn crypt that is not ready for the burial of human remains on the date of the sale of the mausoleum space, columbarium space, or lawn crypt.

AB1-ASA1-AA61, s. 338dt Section 338dt. 157.062 (1) of the statutes is amended to read:

AB1-ASA1-AA61,9,24 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

AB1-ASA1-AA61, s. 338dx Section 338dx. 157.062 (2) of the statutes is amended to read:

AB1-ASA1-AA61,10,6 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

AB1-ASA1-AA61, s. 338ec Section 338ec. 157.062 (3) of the statutes is amended to read:

AB1-ASA1-AA61,10,13 157.062 (3) Validation. When there shall have been a bona fide attempt to organize a cemetery association, but a failure to record a properly drawn and executed certificate of organization, and it has in good faith bought and platted grounds and conveyed cemetery lots burial spaces and carried on business for over 25 years, the same shall be a body corporate from the date of conveyance to it of real estate, and its transfers and other transactions are validated.

AB1-ASA1-AA61, s. 338eg Section 338eg. 157.062 (4) (a) of the statutes is amended to read:

AB1-ASA1-AA61,10,22 157.062 (4) (a) An annual election shall be held during the annual meeting. The annual meeting, and any special meeting described in sub. (2), shall be held at a place in the county chosen by the trustees upon public notice as required by the bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots burial spaces in the cemetery, residents of the state, and hold office for 3 years. Election shall be by ballot and a plurality shall elect. Each owner of one or more cemetery lots burial spaces is entitled to one vote, and one of several owners of a cemetery lot burial space, designated by the majority of them, shall cast the vote.

AB1-ASA1-AA61, s. 338eL Section 338eL. 157.062 (5) of the statutes is amended to read:

AB1-ASA1-AA61,11,4 157.062 (5) Trustees; duties, report. The trustees may fill vacancies for the unexpired term. One shall be chosen president, and they shall appoint a secretary and treasurer, and may require security of the treasurer. The trustees shall manage the affairs and property of the association and control and beautify the cemetery, and may establish regulations for those purposes. The trustees shall make and file written reports as required in s. 157.62 (1) and (2).

AB1-ASA1-AA61, s. 338ep Section 338ep. 157.062 (6) (b) of the statutes is amended to read:

AB1-ASA1-AA61,11,20 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble, and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

AB1-ASA1-AA61, s. 338et Section 338et. 157.062 (6) (c) of the statutes is amended to read:

AB1-ASA1-AA61,12,7 157.062 (6) (c) If an association is dissolved under par. (a) or any group has never been properly organized as cemetery association, and there are fewer than 5 members living or residing in the county where the cemetery is located, the circuit judge for the county shall upon the petition of any person interested, make an order determining who are persons interested in the cemetery. Any adult person who owns an interest in any cemetery lot burial space in the cemetery, who is related to any person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece, or surviving spouse of a member of the dissolved association, is an interested person. The circuit judge may make the order upon evidence he or she deems sufficient, with or without hearing. The order need not contain the names of all persons interested, but shall contain the names of at least 5 such persons.

AB1-ASA1-AA61, s. 338ex Section 338ex. 157.062 (9) of the statutes is repealed.

AB1-ASA1-AA61, s. 338fc Section 338fc. 157.063 of the statutes is created to read:

AB1-ASA1-AA61,12,12 157.063 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall do each of the following:

AB1-ASA1-AA61,12,14 (a) Advise the secretary of regulation and licensing on matters relating to cemeteries, to this subchapter or subch. VIII of ch. 440, or to the board.

AB1-ASA1-AA61,12,16 (b) Independently exercise its powers, duties, and functions that are specified in this subchapter and subch. VIII of ch. 440.

AB1-ASA1-AA61,12,21 (c) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding investigations and disciplinary matters affecting persons who are registered or licensed by the department under subch. VIII of ch. 440, or in the exercise of administrative discretion with regard to the discipline of those persons.

AB1-ASA1-AA61,12,24 (d) Maintain, in conjunction with the board's operations, in central locations designated by the department, all records pertaining to the functions independently retained by the board.

AB1-ASA1-AA61,13,5 (e) Compile and keep current a register of the names and addresses of all persons who are registered or licensed by the department under subch. VIII of ch. 440 that is retained by the department and that is available for public inspection during the days specified in s. 230.35 (4) (a). The department may also make the register available to the public by electronic transmission.

AB1-ASA1-AA61,13,6 (2) The board does not have rule-making authority.

AB1-ASA1-AA61, s. 338fg Section 338fg. 157.064 (2) of the statutes is amended to read:

AB1-ASA1-AA61,13,12 157.064 (2) A cemetery or religious association incorporated in this state and having a cemetery in or near a 1st or 2nd class city and any cemetery described under s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands for cemetery purposes, and may pay for it wholly or partly from its cemetery lot burial space sales.

AB1-ASA1-AA61, s. 338fL Section 338fL. 157.064 (6) of the statutes is amended to read:

AB1-ASA1-AA61,14,2 157.064 (6) Whenever the majority of the members of a cemetery association, or of a religious association authorized to hold lands for cemetery purposes, present at an annual meeting or special meeting called for such purpose vote to convey all of the cemetery association's or religious association's cemetery property, trust funds and other property used for cemetery purposes to another cemetery association or religious association, the trustees of the association shall transfer the property upon the acceptance of the transfer by the other association by affirmative vote of a majority of its members present at an annual meeting or special meeting called for that purpose. Upon such acceptance, the title to the cemetery property, trust funds and other property of the transferring association vests in the accepting association under the control of the trustees of the accepting association. A conveyance under this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious society organized under ch. 187 cemetery authority.

AB1-ASA1-AA61, s. 338fp Section 338fp. 157.065 (1) (b) 4. of the statutes is repealed.

AB1-ASA1-AA61, s. 338ft Section 338ft. 157.066 of the statutes is created to read:

AB1-ASA1-AA61,14,7 157.066 Burial spaces not located in cemeteries. (1) A city, village, or town may enact and enforce an ordinance that allows a person to bury human remains in a burial space that is not located in a cemetery.

AB1-ASA1-AA61,14,10 (2) Unless a city, village, or town has enacted an ordinance under sub. (1), no person may bury human remains in the city, village, or town in a burial space that is not located in a cemetery.

AB1-ASA1-AA61, s. 338fx Section 338fx. 157.07 (1) of the statutes is amended to read:

AB1-ASA1-AA61,14,19 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a land surveyor registered in this state those portions of the lands that are from time to time required for burial used, after the effective date of this subsection .... [revisor inserts date], for burials, into cemetery lots burial spaces, drives, and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town, in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

AB1-ASA1-AA61, s. 338gc Section 338gc. 157.07 (5) of the statutes is amended to read:

AB1-ASA1-AA61,15,7 157.07 (5) The cemetery authority may vacate or replat any portion of its cemetery upon the filing of a petition with the circuit court describing the portion and setting forth the facts and reasons therefor. The court shall fix a time for hearing and direct publication of a class 3 notice, under ch. 985, and the court shall order a copy of the notice to be mailed to at least one interested person, as to each separate parcel involved, whose post-office address is known or can be ascertained with reasonable diligence, at least 20 days before such hearing. If the court finds that the proposed vacating or replatting is for the best interest of the cemetery authority and that the rights of none to whom cemetery lots burial spaces have been conveyed will be injured, it shall enter an order reciting the jurisdictional facts and its findings and authorizing the vacating or replatting of the lands of the cemetery. The order shall be effective when recorded by the register of deeds.

AB1-ASA1-AA61, s. 338gg Section 338gg. 157.07 (6) of the statutes is amended to read:

AB1-ASA1-AA61,15,10 157.07 (6) This section does not apply to a religious society organized under ch. 187 cemetery authority.

AB1-ASA1-AA61, s. 338gL Section 338gL. 157.08 (1) of the statutes is amended to read:

AB1-ASA1-AA61,15,18 157.08 (1) After the plat or map is recorded under s. 157.07, the cemetery authority may sell and convey cemetery lots burial spaces. Conveyances shall be signed by the chief officer of the cemetery authority, and by the secretary or clerk of the cemetery authority, if any. Before delivering the conveyance to the grantee, the cemetery authority shall enter on records kept for that purpose, the date and consideration and the name and residence of the grantee. The conveyances may be recorded with the register of deeds.

AB1-ASA1-AA61, s. 338gp Section 338gp. 157.08 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA61,15,25 157.08 (2) (a) If a cemetery lot or mausoleum burial space is sold by a cemetery authority and used or intended to be used for the burial of the human remains of the purchaser or the purchaser's family members, the purchaser's interests in the ownership of, title to, or right to use the cemetery lot or mausoleum burial space are not affected or limited by any claims or liens of other persons against the cemetery authority.

AB1-ASA1-AA61, s. 338gs Section 338gs. 157.08 (2) (b) of the statutes is renumbered 157.08 (2) (b) 1. (intro.) and amended to read:

AB1-ASA1-AA61,16,6 157.08 (2) (b) 1. (intro.) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a) takes any of the following actions, the cemetery authority shall notify the department in writing of the proposed sale or encumbrance.:

AB1-ASA1-AA61,16,12 3. If within 60 days after the department is notified of the proposed sale or encumbrance under subd. 1. the department notifies the cemetery authority in writing that the department objects to the sale or encumbrance proposed action, the cemetery authority may not sell or encumber the cemetery land take the action unless the department subsequently notifies the cemetery authority in writing that the objection is withdrawn.

AB1-ASA1-AA61,16,18 4. The department may object to a sale or encumbrance an action under subd. 3. only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum burial spaces will not be adequately protected if the sale or encumbrance occurs action is taken. The department shall promulgate rules that establish requirements and procedures for making a determination under this subdivision.

AB1-ASA1-AA61,16,23 5. The department may, before the expiration of the 60-day period under subd. 3., notify the cemetery authority in writing that the department approves of the sale or encumbrance action. Upon receipt of the department's written approval, the cemetery authority may sell or encumber the cemetery land take the action and is released of any liability under this paragraph.

AB1-ASA1-AA61,16,25 6. The department shall make every effort to make determinations under this paragraph in an expeditious manner.

AB1-ASA1-AA61, s. 338gt Section 338gt. 157.08 (2) (b) 1. a., b., c. and d. of the statutes are created to read:

AB1-ASA1-AA61,17,4 157.08 (2) (b) 1. a. Sells or encumbers any cemetery land, except for a sale described in par. (a).

AB1-ASA1-AA61,17,6 b. Transfers ownership or control of 50% or more of the assets or stock of the cemetery.

AB1-ASA1-AA61,17,8 c. Engages in a transaction that results in a person acquiring ownership or control of 50% or more of the stock of the cemetery.

AB1-ASA1-AA61,17,10 d. Transfers responsibility for management or operation of the cemetery authority.

AB1-ASA1-AA61, s. 338gx Section 338gx. 157.08 (2) (b) 2. of the statutes is created to read:

AB1-ASA1-AA61,17,13 157.08 (2) (b) 2. The department shall promulgate rules that specify the documentation that must be submitted with a notification under subd. 1.