Amendment JR2 AA61-ASA1-AB1

AB1-ASA1-AA61, s. 338pt Section 338pt. 157.12 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA61,35,16 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of regulation and licensing to indemnify the cemetery against loss if the treasurer fails to maintain the fund. The amount of the bond shall be no less than the total of all payments of principal required under this section as stated in the most recent annual report filed by the cemetery authority under s. 157.62. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19, and the manner in which the care funds are invested may not permit the withdrawal of the fund's principal amount, but may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

AB1-ASA1-AA61, s. 338p Section 338p. 157.125 (title) of the statutes is amended to read:

AB1-ASA1-AA61,35,19 157.125 (title) Trustees for the care of cemeteries or cemetery lots burial spaces.

AB1-ASA1-AA61, s. 338qc Section 338qc. 157.125 (2) of the statutes is amended to read:

AB1-ASA1-AA61,35,25 157.125 (2) If the burial place or grave is located in a cemetery owned and operated by a religious society organized under ch. 187 cemetery authority, the court shall name the religious society cemetery authority as the trustee unless the religious society cemetery authority petitions the court to name the county treasurer as the trustee.

AB1-ASA1-AA61, s. 338qg Section 338qg. 157.128 (2) (a), (b) and (c) of the statutes are amended to read:

AB1-ASA1-AA61,36,3 157.128 (2) (a) The cemetery is owned by a religious association cemetery authority.

AB1-ASA1-AA61,36,5 (b) The religious association cemetery authority is responsible for all liabilities of the cemetery.

AB1-ASA1-AA61,36,7 (c) The total acreage of all other cemeteries owned by the religious association cemetery authority exceeds 20 acres.

AB1-ASA1-AA61, s. 338qL Section 338qL. 157.128 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA61,36,11 157.128 (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 licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB1-ASA1-AA61, s. 338qp Section 338qp. 157.19 (2) (c) of the statutes is amended to read:

AB1-ASA1-AA61,36,25 157.19 (2) (c) Upon request of the financial institution, the preneed seller, as defined in s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales contract. Except as provided in s. 440.92 (2) (c), (f) and (j) and (5) ss. 440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled. The financial institution is not responsible for the fulfillment of any part of the preneed sales contract, except that the financial institution shall release the preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, as provided by the terms of the preneed sales contract. The trustee of a preneed trust fund may not be changed without the department's written approval. If the trustee or account number of a preneed trust fund is changed, the cemetery authority shall notify the department in writing within 30 days after the change.

AB1-ASA1-AA61, s. 338qt Section 338qt. 157.19 (4m) of the statutes is created to read:

AB1-ASA1-AA61,37,11 157.19 (4m) The department shall request proposals from financial institutions located in this state for the purpose of selecting a financial institution that cemetery authorities and preneed sellers may use as the trustee for care funds under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to use the financial institution selected by the department. The financial institution selected under this subsection shall submit an annual report to the department, in a form and manner satisfactory to the department, that provides an accounting of all care funds and preneed trust funds for which the financial institution is the trustee.

AB1-ASA1-AA61, s. 338qx Section 338qx. 157.19 (5) (a) of the statutes is amended to read:

AB1-ASA1-AA61,37,19 157.19 (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, or 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.

AB1-ASA1-AA61, s. 338rc Section 338rc. 157.19 (5) (c) of the statutes is created to read:

AB1-ASA1-AA61,38,2 157.19 (5) (c) If the department determines that a cemetery authority or preneed seller has violated any requirement under this subchapter or subch. VIII of ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or preneed trust funds under s. 440.92, the department may require the cemetery authority or preneed seller to use the financial institution selected under sub. (4m) as the trustee for the care funds or preneed trust funds.

AB1-ASA1-AA61, s. 338rg Section 338rg. 157.60 of the statutes is amended to read:

AB1-ASA1-AA61,38,12 157.60 Public easement in cemetery. Any person who shall open or make any highway, town way, or private way or shall construct any railroad, turnpike, or canal or anything in the nature of a public easement over, through, in, or upon such part of any enclosure, being the property of any town, city, village , or religious society cemetery authority or of private proprietors, as may be used for the burial of the dead, unless an authority for that purpose shall be specially granted by law or unless the consent of such town, city, village, religious society cemetery authority, or private proprietors, respectively, shall be first obtained, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $300.

AB1-ASA1-AA61, s. 338rL Section 338rL. 157.61 of the statutes is created to read:

AB1-ASA1-AA61,38,18 157.61 Identification of human remains. A person may not provide an outer burial container or, if an outer burial container is not used, a casket, to a cemetery authority, other than a religious cemetery authority, for the burial of human remains, unless the person identifies the decedent by name on the exterior of the outer burial container or casket.

AB1-ASA1-AA61, s. 338rp Section 338rp. 157.62 (1) (a) (intro.), (b) and (c) of the statutes are repealed.

AB1-ASA1-AA61, s. 338rt Section 338rt. 157.62 (1) (a) 1., 2., 3., 4. and 5. of the statutes are renumbered 157.62 (2) (b) 7. a., b., c., d. and e.

AB1-ASA1-AA61, s. 338rx Section 338rx. 157.62 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA61,39,4 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every Every cemetery authority that is licensed under s. 440.91 (1) and, except as provided in s. 157.63 (1), every cemetery authority that is a religious 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.

AB1-ASA1-AA61, s. 338sc Section 338sc. 157.62 (2) (b) 1. of the statutes is amended to read:

AB1-ASA1-AA61,39,7 157.62 (2) (b) 1. A copy of any report required under sub. (1) (a) or s. 180.1622 or 181.1622.

AB1-ASA1-AA61, s. 338sg Section 338sg. 157.62 (2) (b) 1m. of the statutes is created to read:

AB1-ASA1-AA61,39,10 157.62 (2) (b) 1m. The percentage of burial spaces at the cemetery that are available for sale.

AB1-ASA1-AA61, s. 338sL Section 338sL. 157.62 (2) (b) 2. of the statutes is amended to read:

AB1-ASA1-AA61,39,13 157.62 (2) (b) 2. If the cemetery authority is required to file a report under s. 180.1622 or 181.1622, the information specified in sub. (1) (a) 3 subd. 7. c.

AB1-ASA1-AA61, s. 338sp Section 338sp. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b) 7. (intro.) and amended to read:

AB1-ASA1-AA61,39,18 157.62 (2) (b) 7. (intro.) The information specified in sub. (1) (a), to the extent applicable, if If the cemetery is not required to file a report under sub. (1) (a) or s. 180.1622 or 181.1622. authority is a cemetery association, all of the following:

AB1-ASA1-AA61, s. 338st Section 338st. 157.62 (3) (a) of the statutes is amended to read:

AB1-ASA1-AA61,39,25 157.62 (3) (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 burial space in a cemetery owned or operated by the cemetery authority.

AB1-ASA1-AA61, s. 338sx Section 338sx. 157.62 (3) (b) 3. of the statutes is amended to read:

AB1-ASA1-AA61,40,3 157.62 (3) (b) 3. A copy of each contract for the sale of a cemetery lot, mausoleum burial space or cemetery merchandise.

AB1-ASA1-AA61, s. 338tc Section 338tc. 157.62 (3) (c) of the statutes is created to read:

AB1-ASA1-AA61,40,7 157.62 (3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain records identifying the section, lot, and site of each burial space and showing the location of each burial space on a map.

AB1-ASA1-AA61, s. 338tc Section 338tc. 157.62 (4) (title) of the statutes is amended to read:

AB1-ASA1-AA61,40,9 157.62 (4) (title) Records maintenance ; inspection.

AB1-ASA1-AA61, s. 338tg Section 338tg. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).

AB1-ASA1-AA61, s. 338tL Section 338tL. 157.62 (4) (b) of the statutes is created to read:

AB1-ASA1-AA61,40,14 157.62 (4) (b) A cemetery authority shall, upon reasonable notice, make the records and contract copies under sub. (3) (b) available for inspection and copying by the board.

AB1-ASA1-AA61, s. 338tp Section 338tp. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).

AB1-ASA1-AA61, s. 338tt Section 338tt. 157.62 (5) (a) of the statutes is created to read:

AB1-ASA1-AA61,40,18 157.62 (5) (a) The department may promulgate rules establishing minimum standards for the format and maintenance of records required under this section.

AB1-ASA1-AA61, s. 338tx Section 338tx. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and amended to read:

AB1-ASA1-AA61,41,4 157.62 (6) (a) 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 registered cemetery authority and shall audit the records, trust funds, and accounts of each licensed 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.

AB1-ASA1-AA61, s. 338uc Section 338uc. 157.62 (6) (b) of the statutes is created to read:

AB1-ASA1-AA61,41,11 157.62 (6) (b) If the department or board has cause to believe that a licensed or registered cemetery authority has not complied with the requirements of this subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the department or board may require the cemetery authority to submit an audit conducted at the cemetery authority's expense by an independent certified public accountant in accordance with generally accepted auditing standards.

AB1-ASA1-AA61, s. 338ug Section 338ug. 157.625 of the statutes is repealed.

AB1-ASA1-AA61, s. 338uL Section 338uL. 157.63 (title) of the statutes is amended to read:

AB1-ASA1-AA61,41,16 157.63 (title) Reporting and auditing exemptions; certification of compliance of religious cemetery affiliated with religious society authority.

AB1-ASA1-AA61, s. 338up Section 338up. 157.63 (1) of the statutes is amended to read:

AB1-ASA1-AA61,41,23 157.63 (1) In lieu of filing an annual report under s. 157.62 (2), a religious cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority may file an annual certification with the department as provided in this section.

AB1-ASA1-AA61, s. 338ut Section 338ut. 157.63 (2) (b) of the statutes is amended to read:

AB1-ASA1-AA61,42,5 157.63 (2) (b) A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this section that, during the reporting period under s. 157.62, each cemetery and the religious 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).

AB1-ASA1-AA61, s. 338ux Section 338ux. 157.63 (3) of the statutes is amended to read:

AB1-ASA1-AA61,42,10 157.63 (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 religious cemetery authority did not fully comply with s. 157.11 (9g) or 157.12 (3).

AB1-ASA1-AA61, s. 338vc Section 338vc. 157.63 (4) of the statutes is amended to read:

AB1-ASA1-AA61,42,15 157.63 (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 religious cemetery authority is certified under this section to have fully or substantially complied with ss. 157.11 (9g) and 157.12 (3).

AB1-ASA1-AA61, s. 338vg Section 338vg. 157.63 (6) of the statutes is amended to read:

AB1-ASA1-AA61,42,22 157.63 (6) The church, synagogue, mosque, incorporated college of a religious order, or 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 religious 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.

AB1-ASA1-AA61, s. 338vL Section 338vL. 157.635 of the statutes is amended to read:

AB1-ASA1-AA61,43,7 157.635 Regulations of religious cemetery affiliated with religious society authorities. Nothing in this subchapter prohibits a religious 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 from being buried in the cemetery under regulations adopted by the religious cemetery authority or church, synagogue, mosque, incorporated college of a religious order, or religious society from being buried in the cemetery that is affiliated with the religious cemetery authority.

AB1-ASA1-AA61, s. 338vp Section 338vp. 157.637 of the statutes is created to read:

AB1-ASA1-AA61,43,14 157.637 Rules; review of rules. (1) Before submitting to the legislative council staff under s. 227.15 any proposed rules relating to cemeteries or to the board, except for rules relating exclusively to religious cemetery authorities, the department shall submit the proposed rules to the board for comment. The board shall have 30 days to submit comments on the proposed rules to the secretary of regulation and licensing.

AB1-ASA1-AA61,43,18 (2) When promulgating emergency rules under s. 227.24 relating to cemeteries or to the board, except for rules relating exclusively to religious cemetery authorities, the department shall provide a copy of the rules to the board prior to publication of the rules in the official state newspaper.

AB1-ASA1-AA61,43,22 (3) The chairperson of the board, or his or her designee from the board, may cochair with the secretary of regulation and licensing, or the secretary's designee, any public hearing held by the department on proposed rules relating to cemeteries or to the board other than rules relating exclusively to religious cemetery authorities.

AB1-ASA1-AA61,44,7 (4) The department shall submit to the board a copy of the report required under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board other than rules relating exclusively to religious cemetery authorities. The board may prepare a dissenting report stating its recommendations on the proposed final rules. Any dissenting report shall be prepared within 10 days from the date of receipt of the department's report, attached to the department's report and sent to the presiding officer of each house of the legislature and distributed under s. 227.19 (2). The department shall publish a statement to appear in the Wisconsin administrative register indicating that a dissenting report of the board has been submitted to the presiding officer of each house of the legislature.

AB1-ASA1-AA61,44,9 (5) The department shall provide staff to assist the board in the review of administrative rules and preparation of comments or dissenting reports.

AB1-ASA1-AA61, s. 338vt Section 338vt. 157.64 (2) (d) of the statutes is amended to read:

AB1-ASA1-AA61,44,12 157.64 (2) (d) Fails to file a report or files an incomplete, false, or misleading report under s. 157.62 (1) or (2).

AB1-ASA1-AA61, s. 338vx Section 338vx. 157.64 (2) (e) of the statutes is amended to read:

AB1-ASA1-AA61,44,14 157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).

AB1-ASA1-AA61, s. 338wc Section 338wc. 157.64 (2) (h) of the statutes is created to read:

AB1-ASA1-AA61,44,16 157.64 (2) (h) Violates s. 157.112.

AB1-ASA1-AA61, s. 338wg Section 338wg. 157.65 (1) (a) of the statutes is amended to read:

AB1-ASA1-AA61,44,22 157.65 (1) (a) If the department of regulation and licensing board has reason to believe that any person, other than a religious cemetery authority, 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 board shall investigate.

AB1-ASA1-AA61, s. 338wL Section 338wL. 157.65 (1) (am) of the statutes is created to read:

AB1-ASA1-AA61,45,3 157.65 (1) (am) If the department of regulation and licensing has reason to believe that a religious cemetery authority 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.

AB1-ASA1-AA61, s. 338wp Section 338wp. 157.65 (1) (b) of the statutes is amended to read:

AB1-ASA1-AA61,45,8 157.65 (1) (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 shall investigate.

AB1-ASA1-AA61, s. 338wt Section 338wt. 157.65 (2) of the statutes is amended to read:

AB1-ASA1-AA61,45,20 157.65 (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 board, 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.".