SB55-ASA1-AA1-AA30, s. 2852da 17Section 2852da. 157.061 (15) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,8,2018 157.061 (15) "Religious association" means any church, synagogue, or mosque
19or any, incorporated college of a religious order, or religious society organized under
20ch. 187.
SB55-ASA1-AA1-AA30, s. 2852dc 21Section 2852dc. 157.061 (15m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,8,2322 157.061 (15m) "Religious cemetery authority" means a cemetery authority of
23a cemetery owned and operated by a religious association.
SB55-ASA1-AA1-AA30, s. 2852de 24Section 2852de. 157.061 (17) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,9,3
1157.061 (17) "Undeveloped space" means a mausoleum space, columbarium
2space, or lawn crypt
that is not ready for the burial of human remains on the date
3of the sale of the mausoleum space, columbarium space, or lawn crypt.
SB55-ASA1-AA1-AA30, s. 2852dg 4Section 2852dg. 157.062 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,9,145 157.062 (1) Organization. Seven or more residents of the same county may
6form a cemetery association. They shall meet, select a chairperson and secretary,
7choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
8more than 9 trustees whom the chairperson and secretary shall immediately divide
9by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively.
10Within 3 days, the chairperson and secretary shall certify the corporate name, the
11names, home addresses and business addresses of the organizers and of the trustees,
12and their classification, and the annual meeting date acknowledged by them, and,
13except as provided in sub. (9),
deliver the certification to the department of financial
14institutions. The association then has the powers of a corporation.
SB55-ASA1-AA1-AA30, s. 2852di 15Section 2852di. 157.062 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,9,2116 157.062 (2) Amendments. The association may change its name, the number
17of trustees or the annual meeting date by resolution at an annual meeting, or special
18meeting called for such purpose, by a majority vote of the members present, and,
19except as provided in sub. (9),
by delivering to the department of financial
20institutions a copy of the resolution, with the date of adoption, certified by the
21president and secretary or corresponding officers.
SB55-ASA1-AA1-AA30, s. 2852dk 22Section 2852dk. 157.062 (3) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,9,2523 157.062 (3) Validation. When there shall have been a bona fide attempt to
24organize a cemetery association, but a failure to record a properly drawn and
25executed certificate of organization, and it has in good faith bought and platted

1grounds and conveyed cemetery lots burial spaces and carried on business for over
225 years, the same shall be a body corporate from the date of conveyance to it of real
3estate, and its transfers and other transactions are validated.
SB55-ASA1-AA1-AA30, s. 2852dm 4Section 2852dm. 157.062 (4) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,10,125 157.062 (4) (a) An annual election shall be held during the annual meeting.
6The annual meeting, and any special meeting described in sub. (2), shall be held at
7a place in the county chosen by the trustees upon public notice as required by the
8bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots
9burial spaces in the cemetery, residents of the state, and hold office for 3 years.
10Election shall be by ballot and a plurality shall elect. Each owner of one or more
11cemetery lots burial spaces is entitled to one vote, and one of several owners of a
12cemetery lot burial space, designated by the majority of them, shall cast the vote.
SB55-ASA1-AA1-AA30, s. 2852do 13Section 2852do. 157.062 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,10,1914 157.062 (5) Trustees; duties, report. The trustees may fill vacancies for the
15unexpired term. One shall be chosen president, and they shall appoint a secretary
16and treasurer, and may require security of the treasurer. The trustees shall manage
17the affairs and property of the association and control and beautify the cemetery, and
18may establish regulations for those purposes. The trustees shall make and file
19written reports as required in s. 157.62 (1) and (2).
SB55-ASA1-AA1-AA30, s. 2852dq 20Section 2852dq. 157.062 (6) (b) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,11,1021 157.062 (6) (b) If an association that has been dissolved under par. (a), or any
22group that was never properly organized as a cemetery association, has cemetery
23grounds and human remains are buried in the cemetery grounds, 5 or more
24members, or persons interested as determined by order of the circuit judge under par.
25(c), may publish a class 3 notice, under ch. 985, in the municipality in which the

1cemetery is located, of the time, place, and object of the meeting, assemble, and
2reorganize by the election of trustees and divide them into classes as provided in sub.
3(1), the commencement of the terms to be computed from the next annual meeting
4date. The secretary shall enter the proceedings of the meeting on the records. The
5association is reorganized upon delivery of a copy of the proceedings to the
6department of financial institutions, except as provided in sub. (9). Upon
7reorganization, the title to the cemetery grounds, trust funds, and all other property
8of the association or group vests in the reorganized association, under the control of
9the trustees. The reorganized association may continue the name of the dissolved
10association or may adopt a new name.
SB55-ASA1-AA1-AA30, s. 2852ds 11Section 2852ds. 157.062 (6) (c) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,11,2212 157.062 (6) (c) If an association is dissolved under par. (a) or any group has
13never been properly organized as cemetery association, and there are fewer than 5
14members living or residing in the county where the cemetery is located, the circuit
15judge for the county shall upon the petition of any person interested, make an order
16determining who are persons interested in the cemetery. Any adult person who owns
17an interest in any cemetery lot burial space in the cemetery, who is related to any
18person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece,
19or surviving spouse of a member of the dissolved association, is an interested person.
20The circuit judge may make the order upon evidence he or she deems sufficient, with
21or without hearing. The order need not contain the names of all persons interested,
22but shall contain the names of at least 5 such persons.
SB55-ASA1-AA1-AA30, s. 2852du 23Section 2852du. 157.062 (9) of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 2852dw 24Section 2852dw. 157.063 of the statutes is created to read:
SB55-ASA1-AA1-AA30,12,3
1157.063 General duties and powers of board. (1) In addition to the other
2duties and powers of the board under this subchapter, the board shall do each of the
3following:
SB55-ASA1-AA1-AA30,12,54 (a) Advise the secretary of regulation and licensing on matters relating to
5cemeteries, to this subchapter or subch. VIII of ch. 440, or to the board.
SB55-ASA1-AA1-AA30,12,76 (b) Independently exercise its powers, duties, and functions that are specified
7in this subchapter and subch. VIII of ch. 440.
SB55-ASA1-AA1-AA30,12,128 (c) Be the supervising authority of all personnel, other than shared personnel,
9engaged in the review, investigation, or handling of information regarding
10investigations and disciplinary matters affecting persons who are registered or
11licensed by the department under subch. VIII of ch. 440, or in the exercise of
12administrative discretion with regard to the discipline of those persons.
SB55-ASA1-AA1-AA30,12,1513 (d) Maintain, in conjunction with the board's operations, in central locations
14designated by the department, all records pertaining to the functions independently
15retained by the board.
SB55-ASA1-AA1-AA30,12,2016 (e) Compile and keep current a register of the names and addresses of all
17persons who are registered or licensed by the department under subch. VIII of ch. 440
18that is retained by the department and that is available for public inspection during
19the days specified in s. 230.35 (4) (a). The department may also make the register
20available to the public by electronic transmission.
SB55-ASA1-AA1-AA30,12,21 21(2) The board does not have rule-making authority.
SB55-ASA1-AA1-AA30, s. 2852dy 22Section 2852dy. 157.064 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,13,223 157.064 (2) A cemetery or religious association incorporated in this state and
24having a cemetery in or near a 1st or 2nd class city and any cemetery described under
25s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands

1for cemetery purposes, and may pay for it wholly or partly from its cemetery lot burial
2space
sales.
SB55-ASA1-AA1-AA30, s. 2852fb 3Section 2852fb. 157.064 (6) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,13,164 157.064 (6) Whenever the majority of the members of a cemetery association,
5or of a religious association authorized to hold lands for cemetery purposes, present
6at an annual meeting or special meeting called for such purpose vote to convey all
7of the cemetery association's or religious association's cemetery property, trust funds
8and other property used for cemetery purposes to another cemetery association or
9religious association, the trustees of the association shall transfer the property upon
10the acceptance of the transfer by the other association by affirmative vote of a
11majority of its members present at an annual meeting or special meeting called for
12that purpose. Upon such acceptance, the title to the cemetery property, trust funds
13and other property of the transferring association vests in the accepting association
14under the control of the trustees of the accepting association. A conveyance under
15this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious
16society organized under ch. 187 cemetery authority.
SB55-ASA1-AA1-AA30, s. 2852fd 17Section 2852fd. 157.065 (1) (b) 4. of the statutes is repealed.
SB55-ASA1-AA1-AA30, s. 2852ff 18Section 2852ff. 157.066 of the statutes is created to read:
SB55-ASA1-AA1-AA30,13,21 19157.066 Burial spaces not located in cemeteries. (1) A city, village, or
20town may enact and enforce an ordinance that allows a person to bury human
21remains in a burial space that is not located in a cemetery.
SB55-ASA1-AA1-AA30,13,24 22(2) Unless a city, village, or town has enacted an ordinance under sub. (1), no
23person may bury human remains in the city, village, or town in a burial space that
24is not located in a cemetery.
SB55-ASA1-AA1-AA30, s. 2852fh 25Section 2852fh. 157.07 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,14,8
1157.07 (1) A cemetery authority shall cause to be surveyed and platted by a
2land surveyor registered in this state those portions of the lands that are from time
3to time required for burial
used, after the effective date of this subsection .... [revisor
4inserts date], for burials
, into cemetery lots burial spaces, drives, and walks, and
5record a plat or map of the land in the office of the register of deeds. The plat or map
6may not be recorded unless laid out and platted to the satisfaction of the county board
7of the county, and the town board of the town, in which the land is situated, or, if the
8land is situated within a 1st class city, then only by the common council of that city.
SB55-ASA1-AA1-AA30, s. 2852fj 9Section 2852fj. 157.07 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,14,2110 157.07 (5) The cemetery authority may vacate or replat any portion of its
11cemetery upon the filing of a petition with the circuit court describing the portion and
12setting forth the facts and reasons therefor. The court shall fix a time for hearing and
13direct publication of a class 3 notice, under ch. 985, and the court shall order a copy
14of the notice to be mailed to at least one interested person, as to each separate parcel
15involved, whose post-office address is known or can be ascertained with reasonable
16diligence, at least 20 days before such hearing. If the court finds that the proposed
17vacating or replatting is for the best interest of the cemetery authority and that the
18rights of none to whom cemetery lots burial spaces have been conveyed will be
19injured, it shall enter an order reciting the jurisdictional facts and its findings and
20authorizing the vacating or replatting of the lands of the cemetery. The order shall
21be effective when recorded by the register of deeds.
SB55-ASA1-AA1-AA30, s. 2852fL 22Section 2852fL. 157.07 (6) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,14,2423 157.07 (6) This section does not apply to a religious society organized under ch.
24187
cemetery authority.
SB55-ASA1-AA1-AA30, s. 2852fn 25Section 2852fn. 157.08 (1) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,15,7
1157.08 (1) After the plat or map is recorded under s. 157.07, the cemetery
2authority may sell and convey cemetery lots burial spaces. Conveyances shall be
3signed by the chief officer of the cemetery authority, and by the secretary or clerk of
4the cemetery authority, if any. Before delivering the conveyance to the grantee, the
5cemetery authority shall enter on records kept for that purpose, the date and
6consideration and the name and residence of the grantee. The conveyances may be
7recorded with the register of deeds.
SB55-ASA1-AA1-AA30, s. 2852fp 8Section 2852fp. 157.08 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,15,149 157.08 (2) (a) If a cemetery lot or mausoleum burial space is sold by a cemetery
10authority and used or intended to be used for the burial of the human remains of the
11purchaser or the purchaser's family members, the purchaser's interests in the
12ownership of, title to, or right to use the cemetery lot or mausoleum burial space are
13not affected or limited by any claims or liens of other persons against the cemetery
14authority.
SB55-ASA1-AA1-AA30, s. 2852fr 15Section 2852fr. 157.08 (2) (b) of the statutes is renumbered 157.08 (2) (b) 1.
16(intro.) and amended to read:
SB55-ASA1-AA1-AA30,15,2017 157.08 (2) (b) 1. (intro.) Before a cemetery authority sells or encumbers any
18cemetery land, except for a sale described in par. (a)
takes any of the following
19actions
, the cemetery authority shall notify the department in writing of the
20proposed sale or encumbrance.
:
SB55-ASA1-AA1-AA30,16,2 213. If within 60 days after the department is notified of the proposed sale or
22encumbrance
under subd. 1. the department notifies the cemetery authority in
23writing that the department objects to the sale or encumbrance proposed action, the
24cemetery authority may not sell or encumber the cemetery land take the action

1unless the department subsequently notifies the cemetery authority in writing that
2the objection is withdrawn.
SB55-ASA1-AA1-AA30,16,8 34. The department may object to a sale or encumbrance an action under subd.
43.
only if it determines that the cemetery authority will not be financially solvent or
5that the rights and interests of owners of cemetery lots and mausoleum burial spaces
6will not be adequately protected if the sale or encumbrance occurs action is taken.
7The department shall promulgate rules that establish requirements and procedures
8for making a determination under this subdivision
.
SB55-ASA1-AA1-AA30,16,13 95. The department may, before the expiration of the 60-day period under subd.
103.
, notify the cemetery authority in writing that the department approves of the sale
11or encumbrance
action. Upon receipt of the department's written approval, the
12cemetery authority may sell or encumber the cemetery land take the action and is
13released of any liability under this paragraph.
SB55-ASA1-AA1-AA30,16,15 146. The department shall make every effort to make determinations under this
15paragraph in an expeditious manner.
SB55-ASA1-AA1-AA30, s. 2852ft 16Section 2852ft. 157.08 (2) (b) 1. a., b., c. and d. of the statutes are created to
17read:
SB55-ASA1-AA1-AA30,16,1918 157.08 (2) (b) 1. a. Sells or encumbers any cemetery land, except for a sale
19described in par. (a).
SB55-ASA1-AA1-AA30,16,2120 b. Transfers ownership or control of 50% or more of the assets or stock of the
21cemetery.
SB55-ASA1-AA1-AA30,16,2322 c. Engages in a transaction that results in a person acquiring ownership or
23control of 50% or more of the stock of the cemetery.
SB55-ASA1-AA1-AA30,16,2524 d. Transfers responsibility for management or operation of the cemetery
25authority.
SB55-ASA1-AA1-AA30, s. 2852fu
1Section 2852fu. 157.08 (2) (b) 2. of the statutes is created to read:
SB55-ASA1-AA1-AA30,17,32 157.08 (2) (b) 2. The department shall promulgate rules that specify the
3documentation that must be submitted with a notification under subd. 1.
SB55-ASA1-AA1-AA30, s. 2852fw 4Section 2852fw. 157.08 (5) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,17,85 157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society
6organized under ch. 187,
cemetery authority and sub. (2) (b) does not apply to a
7cemetery authority that is not required to be registered licensed under s. 440.91 (1)
8and that is not organized or conducted for pecuniary profit.
SB55-ASA1-AA1-AA30, s. 2852fy 9Section 2852fy. 157.10 (title) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,17,10 10157.10 (title) Alienation and use of cemetery lots burial spaces.".".
SB55-ASA1-AA1-AA30,17,11 119. Page 982, line 1: delete lines 1 and 2 and substitute:
SB55-ASA1-AA1-AA30,17,13 12"1499b. Page 957, line 7: delete "cemetery lot, the cemetery lot" and substitute
13"cemetery lot, the cemetery lot burial space, the burial space".
SB55-ASA1-AA1-AA30,17,14 141499d. Page 957, line 9: delete "cemetery lot" and substitute "burial space".
SB55-ASA1-AA1-AA30,17,16 151499f. Page 957, line 10: delete "cemetery lot, ownership of the cemetery" and
16substitute "burial space, ownership of the cemetery".
SB55-ASA1-AA1-AA30,17,17 171499h. Page 957, line 11: delete "lot" and substitute "lot burial space".
SB55-ASA1-AA1-AA30,17,19 181499j. Page 957, line 12: on lines 12 and 13, delete "cemetery lot" and substitute
19"cemetery lot burial space".
SB55-ASA1-AA1-AA30,17,21 201499L. Page 957, line 14: delete "cemetery lot, or a relative" and substitute
21"cemetery lot burial space, or a brother, sister, or other relative".
SB55-ASA1-AA1-AA30,17,23 221499n. Page 957, line 15: delete "relative" and substitute "brother, sister, or
23other
relative".
SB55-ASA1-AA1-AA30,18,5
11499p. Page 957, line 16: delete "cemetery lot." and substitute " cemetery lot
2burial space. This subsection does not apply to the burial of human remains of an
3individual who is in a class of individuals who are prohibited under regulations
4adopted by a religious cemetery authority or affiliated religious association from
5being buried in a cemetery
.".
SB55-ASA1-AA1-AA30,18,6 61499r. Page 957, line 18: delete "cemetery lot" and substitute "burial space".
SB55-ASA1-AA1-AA30,18,12 71499t. Page 957, line 20: delete that line and substitute "child, brother, sister,
8or parent without the consent of the cemetery authority. This paragraph does not
9apply if the spouse, child, brother, sister, or parent is in a class of individuals who are
10prohibited under regulations adopted by a religious cemetery authority or affiliated
11religious association from being buried in the cemetery in which the burial space is
12located.".
SB55-ASA1-AA1-AA30,18,13 131499v. Page 957, line 20: after that line insert:
SB55-ASA1-AA1-AA30,18,14 14" Section 2852jb. 157.10 (4) of the statutes is created to read:
SB55-ASA1-AA1-AA30,18,1815 157.10 (4) The department shall promulgate rules that interpret the
16requirements of this section and require any person who transfers an interest in a
17burial space to provide the transferee with a written notice, prepared by the
18department, that describes the requirements of this section.
SB55-ASA1-AA1-AA30, s. 2852jd 19Section 2852jd. 157.11 (title) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,18,21 20157.11 (title) Improvement and care of cemetery lots burial spaces and
21grounds.
SB55-ASA1-AA1-AA30, s. 2852jf 22Section 2852jf. 157.11 (1m) of the statutes is created to read:
SB55-ASA1-AA1-AA30,18,2523 157.11 (1m) Duty to maintain. A cemetery authority shall maintain a
24cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences,
25buildings, and other structures, in a reasonable manner at all times.
SB55-ASA1-AA1-AA30, s. 2852jh
1Section 2852jh. 157.11 (2) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,19,152 157.11 (2) Regulations. The cemetery authority may make regulations for
3management and care of the cemetery. No person may plant, in the cemetery, trees
4or shrubs, nor erect wooden fences or structures or offensive or dangerous structures
5or monuments, nor maintain them if planted or erected in violation of the
6regulations. The cemetery authority may require any person owning or controlling
7a cemetery lot burial space to do anything necessary to comply with the regulations
8by giving reasonable personal notice in writing if the person is a resident of the state,
9otherwise by publishing a class 3 notice, under ch. 985, in the county. If the person
10fails to comply within 20 days thereafter, the cemetery authority may cause it to be
11done and recover from the person the expense. The cemetery authority may also
12impose a forfeiture not exceeding $10 for violation of the regulations posted in 3
13conspicuous places in the cemetery, recoverable under ch. 778. Each employee and
14agent of the cemetery authority shall have constable powers in enforcing the
15regulations.
SB55-ASA1-AA1-AA30, s. 2852jj 16Section 2852jj. 157.11 (3) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,19,2317 157.11 (3) Contracts. The cemetery authority may contract with persons who
18own or are interested in a cemetery lot burial space for its care. The contract shall
19be in writing, may provide that the cemetery lot burial space shall be forever exempt
20from taxes, assessments, or charges for its care and the care and preservation of the
21grounds, shall express the duty of the cemetery authority, shall be recorded in a book
22kept for that purpose, and shall be effective when the consideration is paid or
23secured.
SB55-ASA1-AA1-AA30, s. 2852jL 24Section 2852jL. 157.11 (4) of the statutes is amended to read:
SB55-ASA1-AA1-AA30,20,8
1157.11 (4) Associations of relatives. Persons owning a cemetery lot burial
2space
or having relatives buried in a cemetery may incorporate an association to hold
3and occupy a previously constituted cemetery, and to preserve and care for the same.
4Section 157.062 shall apply to the association. Nothing in this subsection shall give
5rights of burial. A municipality may lease a municipal cemetery to a cemetery
6association for preservation and may contract to permit the association to use
7cemetery funds therefor. Such leases and contracts may be revoked at will by the
8municipal board.
SB55-ASA1-AA1-AA30, s. 2852jn 9Section 2852jn. 157.11 (5) of the statutes is amended to read:
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