AB776,40,107
(b) The court finds that a new operator is competent and capable of managing
8the cemetery or mausoleum. Upon making a finding under this paragraph, the court
9shall approve the transfer of the management of the cemetery or mausoleum to the
10new operator.
AB776,40,1311
(c) The court approves the sale or transfer of a cemetery or mausoleum to a new
12owner, other than the state, that the court finds is capable and competent to manage
13the cemetery or mausoleum on a financially sound basis.
AB776,40,1514
(d) The court approves the closure of a cemetery or mausoleum after all human
15remains have been removed and reinterred.
AB776, s. 106
16Section
106. 157.12 (2) (b) of the statutes is amended to read:
AB776,41,2517
157.12
(2) (b) The department shall supervise construction of any public
18mausoleum and conversion of any building to a public mausoleum. Within 30 days
19after receiving written notice from the cemetery authority that the construction or
20conversion has been completed, the department shall inspect the public mausoleum
21and provide the cemetery authority with a written certification as to whether the
22construction or conversion complies with approved plans. If the department
23determines that, except for certain minor defects, the construction or conversion
24complies with the approved plans, the department may provide the cemetery
25authority with a written temporary certification of compliance that is contingent on
1the correction of those minor defects. A temporary certification is valid for a period
2designated by the department, not to exceed 6 months. No person may sell a
3mausoleum space, except an undeveloped space that is sold in accordance with
s. ss. 4440.92
and 440.922, or bury human remains in a public mausoleum unless a care
5fund has been established for the mausoleum under sub. (3) and the department has
6provided the cemetery authority with a certification or a temporary certification
7under this paragraph. If a cemetery authority that has been provided with a
8temporary certification notifies the department in writing before the date on which
9the temporary certification expires that the defects in the construction or conversion
10of the public mausoleum have been corrected, the department shall, within 30 days
11after receiving the notice, reinspect the public mausoleum and provide the cemetery
12authority with a written certification as to whether the construction or conversion
13complies with the approved plans. If a cemetery authority that has been provided
14with a temporary certification does not receive a written certification from the
15department before the date on which the temporary certification expires that the
16construction or conversion complies with the approved plans, then, beginning on the
17date on which the certification expires, no person may sell a mausoleum space, except
18an undeveloped space that is sold in accordance with
s. ss. 440.92
and 440.922, or
19bury human remains in the public mausoleum until the defects are corrected and the
20department subsequently inspects the public mausoleum and provides the cemetery
21authority with a certification that the construction or conversion complies with the
22approved plans. The department may charge a reasonable fee to the cemetery
23authority for each inspection and certification provided under this paragraph if the
24inspection and certification are provided within the applicable 30-day period
25prescribed under this paragraph.
AB776, s. 107
1Section
107. 157.12 (3) (b) of the statutes is amended to read:
AB776,42,172
157.12
(3) (b) The cemetery's treasurer is the custodian of the fund. The
3treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
4approved by the department of regulation and licensing to indemnify the cemetery
5against loss if the treasurer fails to maintain the fund.
The amount of the bond shall
6be no less than the total of all payments of principal required under this section as
7stated in the most recent annual report filed by the cemetery authority under s.
8157.62. No indemnity is required if the terms of sale of a mausoleum space require
9the purchaser to pay directly to a trust company in the state, designated by the
10cemetery as custodian of the fund. The fund shall be invested as provided in s.
11157.19
, and the manner in which the care funds are invested may not permit the
12withdrawal of the fund's principal amount, but may permit the withdrawal of
13interest, dividends, or capital gains earned during the most recently completed
14calendar year. Income from investment may be used only to maintain the
15mausoleum, except that if the amount of income exceeds the amount necessary to
16properly maintain the mausoleum the excess amount may be used to maintain any
17portion of the cemetery.
AB776, s. 108
18Section
108. 157.125 (title) of the statutes is amended to read:
AB776,42,20
19157.125 (title)
Trustees for the care of cemeteries or cemetery lots
20burial spaces.
AB776, s. 109
21Section
109. 157.125 (2) of the statutes is amended to read:
AB776,43,2
22157.125
(2) If the burial place or grave is located in a cemetery owned and
23operated by a religious
society organized under ch. 187 cemetery authority, the court
24shall name the religious
society cemetery authority as the trustee unless the
1religious
society cemetery authority petitions the court to name the county treasurer
2as the trustee.
AB776, s. 110
3Section
110. 157.128 (2) (a), (b) and (c) of the statutes are amended to read:
AB776,43,54
157.128
(2) (a) The cemetery is owned by a religious
association cemetery
5authority.
AB776,43,76
(b) The religious
association cemetery authority is responsible for all liabilities
7of the cemetery.
AB776,43,98
(c) The total acreage of all other cemeteries owned by the religious
association 9cemetery authority exceeds 20 acres.
AB776, s. 111
10Section
111. 157.128 (3) (b) of the statutes is amended to read:
AB776,43,1311
157.128
(3) (b) A cemetery consisting of less than 20 contiguous acres may be
12dedicated by a cemetery authority that is not required to be
registered licensed under
13s. 440.91 (1)
and that is not organized or conducted for pecuniary profit.
AB776, s. 112
14Section
112. 157.19 (2) (c) of the statutes is amended to read:
AB776,44,215
157.19
(2) (c) Upon request of the financial institution, the preneed seller, as
16defined in s. 440.90 (8), shall furnish the financial institution with a copy of the
17preneed sales contract. Except as provided in
s. 440.92 (2) (c), (f) and (j) and (5) ss.
18440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or
19dividends that have accumulated on the preneed trust funds, may not be withdrawn
20until all obligations under the preneed sales contract have been fulfilled. The
21financial institution is not responsible for the fulfillment of any part of the preneed
22sales contract, except that the financial institution shall release the preneed trust
23funds, and any interest or dividends that have accumulated on the preneed trust
24funds, as provided by the terms of the preneed sales contract. The trustee of a
25preneed trust fund may not be changed without the department's written approval.
1If the trustee or account number of a preneed trust fund is changed, the cemetery
2authority shall notify the department in writing within 30 days after the change.
AB776, s. 113
3Section
113. 157.19 (4m) of the statutes is created to read:
AB776,44,134
157.19
(4m) The department shall request proposals from financial
5institutions located in this state for the purpose of selecting a financial institution
6that cemetery authorities and preneed sellers may use as the trustee for care funds
7under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except
8as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to
9use the financial institution selected by the department. The financial institution
10selected under this subsection shall submit an annual report to the department, in
11a form and manner satisfactory to the department, that provides an accounting of
12all care funds and preneed trust funds for which the financial institution is the
13trustee.
AB776, s. 114
14Section
114. 157.19 (5) (a) of the statutes is amended to read:
AB776,44,2115
157.19
(5) (a) This section does not apply to care funds under s. 157.11 (9g) that
16are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds
17of a cemetery for which a certification under s. 157.63 is effective, or to preneed trust
18funds of a cemetery for which a certification under s. 440.92 (9) is effective
, or to care
19funds or preneed trust funds of a cemetery authority that is not required to be
20registered under s. 440.91 (1) and that is not organized or conducted for pecuniary
21profit.
AB776, s. 115
22Section
115. 157.19 (5) (c) of the statutes is created to read:
AB776,45,323
157.19
(5) (c) If the department determines that a cemetery authority or
24preneed seller has violated any requirement under this subchapter or subch. VIII of
25ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or preneed trust
1funds under s. 440.92, the department may require the cemetery authority or
2preneed seller to use the financial institution selected under sub. (4m) as the trustee
3for the care funds or preneed trust funds.
AB776, s. 116
4Section
116. 157.60 of the statutes is amended to read:
AB776,45,13
5157.60 Public easement in cemetery. Any person who shall open or make
6any highway, town way
, or private way or shall construct any railroad, turnpike
, or
7canal or anything in the nature of a public easement over, through, in
, or upon such
8part of any enclosure, being the property of any town, city, village
, or religious
society 9cemetery authority or of private proprietors, as may be used for the burial of the dead,
10unless an authority for that purpose shall be specially granted by law or unless the
11consent of such town, city, village, religious
society
cemetery authority, or private
12proprietors, respectively, shall be first obtained, shall be punished by imprisonment
13in the county jail not more than one year or by fine not exceeding $300.
AB776, s. 117
14Section
117. 157.61 of the statutes is created to read:
AB776,45,19
15157.61 Identification of human remains. A person may not provide an
16outer burial container or, if an outer burial container is not used, a casket, to a
17cemetery authority, other than a religious cemetery authority, for the burial of
18human remains, unless the person identifies the decedent by name on the exterior
19of the outer burial container or casket.
AB776, s. 118
20Section
118. 157.62 (1) (a) (intro.), (b) and (c) of the statutes are repealed.
AB776, s. 119
21Section
119. 157.62 (1) (a) 1., 2., 3., 4. and 5. of the statutes are renumbered
22157.62 (2) (b) 7. a., b., c., d. and e.
AB776, s. 120
23Section
120. 157.62 (2) (a) of the statutes is amended to read:
AB776,46,524
157.62
(2) (a)
Except as provided in ss. 157.625 and 157.63 (1), every Every 25cemetery authority
that is licensed under s. 440.91 (1) and, except as provided in s.
1157.63 (1), every cemetery authority that is a religious cemetery authority shall file
2an annual report with the department. The report shall be made on a form
3prescribed and furnished by the department. The report shall be made on a
4calendar-year basis unless the department, by rule, provides for other reporting
5periods. The report is due on the 60th day after the last day of the reporting period.
AB776, s. 121
6Section
121. 157.62 (2) (b) 1. of the statutes is amended to read:
AB776,46,87
157.62
(2) (b) 1. A copy of any report required under
sub. (1) (a) or s. 180.1622
8or 181.1622.
AB776, s. 122
9Section
122. 157.62 (2) (b) 1m. of the statutes is created to read:
AB776,46,1110
157.62
(2) (b) 1m. The percentage of burial spaces at the cemetery that are
11available for sale.
AB776, s. 123
12Section
123. 157.62 (2) (b) 2. of the statutes is amended to read:
AB776,46,1413
157.62
(2) (b) 2. If the cemetery authority is required to file a report under s.
14180.1622 or 181.1622, the information specified in
sub. (1) (a) 3 subd. 7. c.
AB776, s. 124
15Section
124. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b) 7.
16(intro.) and amended to read:
AB776,46,1917
157.62
(2) (b) 7. (intro.)
The information specified in sub. (1) (a), to the extent
18applicable, if If the cemetery
is not required to file a report under sub. (1) (a) or s.
19180.1622 or 181.1622. authority is a cemetery association, all of the following:
AB776, s. 125
20Section
125. 157.62 (3) (a) of the statutes is amended to read:
AB776,47,221
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
22under sub. (2) (a) at its principal place of business and, except for those records
23relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
24the report available for inspection, upon reasonable notice, by any person with an
1interest in a
cemetery lot or a mausoleum
burial space in a cemetery owned or
2operated by the cemetery authority.
AB776, s. 126
3Section
126. 157.62 (3) (b) 3. of the statutes is amended to read:
AB776,47,54
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
5mausoleum burial space or cemetery merchandise.
AB776, s. 127
6Section
127. 157.62 (3) (c) of the statutes is created to read:
AB776,47,97
157.62
(3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
8records identifying the section, lot, and site of each burial space and showing the
9location of each burial space on a map.
AB776, s. 128
10Section
128. 157.62 (4) (title) of the statutes is amended to read:
AB776,47,1111
157.62
(4) (title)
Records maintenance
; inspection.
AB776, s. 129
12Section
129. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).
AB776, s. 130
13Section
130. 157.62 (4) (b) of the statutes is created to read:
AB776,47,1614
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
15records and contract copies under sub. (3) (b) available for inspection and copying by
16the board.
AB776, s. 131
17Section
131. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).
AB776, s. 132
18Section
132. 157.62 (5) (a) of the statutes is created to read:
AB776,47,2019
157.62
(5) (a) The department may promulgate rules establishing minimum
20standards for the format and maintenance of records required under this section.
AB776, s. 133
21Section
133. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
22amended to read:
AB776,48,623
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
24the department may audit, at reasonable times and frequency, the records, trust
25funds
, and accounts of any
registered cemetery authority
and shall audit the records,
1trust funds, and accounts of each licensed cemetery authority, including records,
2trust funds
, and accounts pertaining to services provided by a cemetery authority
3which are not otherwise subject to the requirements under this chapter. The
4department may conduct audits under this subsection on a random basis
, and
shall
5conduct all audits under this subsection without providing prior notice to the
6cemetery authority.
AB776, s. 134
7Section
134. 157.62 (6) (b) of the statutes is created to read:
AB776,48,138
157.62
(6) (b) If the department or board has cause to believe that a licensed
9or registered cemetery authority has not complied with the requirements of this
10subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
11department or board may require the cemetery authority to submit an audit
12conducted at the cemetery authority's expense by an independent certified public
13accountant in accordance with generally accepted auditing standards.
AB776, s. 135
14Section
135. 157.625 of the statutes is repealed.
AB776, s. 136
15Section
136. 157.63 (title) of the statutes is amended to read:
AB776,48,18
16157.63 (title)
Reporting and auditing exemptions; certification of
17compliance of religious cemetery affiliated with religious society
18authority.
AB776, s. 137
19Section
137. 157.63 (1) of the statutes is amended to read:
AB776,48,2520
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 21cemetery authority
of a cemetery that is affiliated with a religious society organized
22under ch. 187 or that religious society or the church, synagogue, mosque,
23incorporated college of a religious order, or religious society organized under ch. 187
24that is affiliated with a religious cemetery authority may file an annual certification
25with the department as provided in this section.
AB776, s. 138
1Section
138. 157.63 (2) (b) of the statutes is amended to read:
AB776,49,62
157.63
(2) (b) A notarized statement of a person who is legally authorized to
3act on behalf of the religious
society cemetery authority under this section that,
4during the reporting period under s. 157.62, each cemetery and the
religious 5cemetery authority of each cemetery specified under par. (a) have either fully
6complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
AB776, s. 139
7Section
139. 157.63 (3) of the statutes is amended to read:
AB776,49,118
157.63
(3) If the statement under sub. (2) (b) includes a statement of
9substantial compliance, the statement under sub. (2) (b) must also specify those
10instances when the cemetery or
religious cemetery authority did not fully comply
11with s. 157.11 (9g) or 157.12 (3).
AB776, s. 140
12Section
140. 157.63 (4) of the statutes is amended to read:
AB776,49,1613
157.63
(4) A certification under this section is effective for the 12-month period
14immediately following the reporting period under s. 157.62 (2) for which the
religious 15cemetery authority is certified under this section to have fully or substantially
16complied with ss. 157.11 (9g) and 157.12 (3).
AB776, s. 141
17Section
141. 157.63 (6) of the statutes is amended to read:
AB776,49,2318
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
19order, or religious society that is affiliated with a cemetery to which a certification
20under this section applies is liable for the damages of any person that result from the
21failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
22(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
23compliance has been certified under this section.
AB776, s. 142
24Section
142. 157.635 of the statutes is amended to read:
AB776,50,9
1157.635 Regulations of religious cemetery affiliated with religious
2society authorities. Nothing in this subchapter prohibits a
religious cemetery
3authority
of a cemetery that is affiliated with a religious society organized under ch.
4187 from prohibiting the burial of the human remains of an individual in the
5cemetery if the individual was in a class of individuals who are prohibited
from being
6buried in the cemetery under regulations adopted by the
religious cemetery
7authority or
church, synagogue, mosque, incorporated college of a religious order, or 8religious society
from being buried in the cemetery
that is affiliated with the religious
9cemetery authority.
AB776, s. 143
10Section
143. 157.637 of the statutes is created to read:
AB776,50,16
11157.637 Rules; review of rules. (1) Before submitting to the legislative
12council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
13except for rules relating exclusively to religious cemetery authorities, the
14department shall submit the proposed rules to the board for comment. The board
15shall have 30 days to submit comments on the proposed rules to the secretary of
16regulation and licensing.
AB776,50,20
17(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
18or to the board, except for rules relating exclusively to religious cemetery authorities,
19the department shall provide a copy of the rules to the board prior to publication of
20the rules in the official state newspaper.
AB776,50,24
21(3) The chairperson of the board, or his or her designee from the board, may
22cochair with the secretary of regulation and licensing, or the secretary's designee,
23any public hearing held by the department on proposed rules relating to cemeteries
24or to the board other than rules relating exclusively to religious cemetery authorities.
AB776,51,10
1(4) The department shall submit to the board a copy of the report required
2under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
3other than rules relating exclusively to religious cemetery authorities. The board
4may prepare a dissenting report stating its recommendations on the proposed final
5rules. Any dissenting report shall be prepared within 10 days from the date of receipt
6of the department's report, attached to the department's report and sent to the
7presiding officer of each house of the legislature and distributed under s. 227.19 (2).
8The department shall publish a statement to appear in the Wisconsin administrative
9register indicating that a dissenting report of the board has been submitted to the
10presiding officer of each house of the legislature.
AB776,51,12
11(5) The department shall provide staff to assist the board in the review of
12administrative rules and preparation of comments or dissenting reports.
AB776, s. 144
13Section
144. 157.64 (2) (d) of the statutes is amended to read:
AB776,51,1514
157.64
(2) (d) Fails to file a report or files an incomplete, false
, or misleading
15report under s. 157.62
(1) or (2).
AB776, s. 145
16Section
145. 157.64 (2) (e) of the statutes is amended to read:
AB776,51,1717
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
AB776, s. 146
18Section
146. 157.64 (2) (h) of the statutes is created to read:
AB776,51,1919
157.64
(2) (h) Violates s. 157.112.
AB776, s. 147
20Section
147. 157.65 (1) (a) of the statutes is amended to read:
AB776,51,2521
157.65
(1) (a) If the
department of regulation and licensing board has reason
22to believe that any person, other than a religious cemetery authority, is violating or
23has violated this subchapter or any rule promulgated under this subchapter and that
24the continuation of that activity might cause injury to the public interest, the
25department of regulation and licensing may board shall investigate.
AB776, s. 148
1Section
148. 157.65 (1) (am) of the statutes is created to read: