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19dividends that have accumulated on the preneed trust funds, may not be withdrawn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:
AB776,52,62
157.65
(1) (am) If the department of regulation and licensing has reason to
3believe that a religious cemetery authority is violating or has violated this
4subchapter or any rule promulgated under this subchapter and that the continuation
5of that activity might cause injury to the public interest, the department of
6regulation and licensing may investigate.
AB776, s. 149
7Section
149. 157.65 (1) (b) of the statutes is amended to read:
AB776,52,118
157.65
(1) (b) If the department of commerce has reason to believe that any
9person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
10continuation of that activity might cause injury to the public interest, the
11department of commerce
may shall investigate.
AB776, s. 150
12Section
150. 157.65 (2) of the statutes is amended to read:
AB776,52,2313
157.65
(2) The department of justice or any district attorney, upon informing
14the department of justice, may commence an action in circuit court in the name of
15the state to restrain by temporary or permanent injunction any violation of this
16subchapter. The court may, prior to entry of final judgment, make such orders or
17judgments as may be necessary to restore to any person any pecuniary loss suffered
18because of the acts or practices involved in the action, if proof of such loss is submitted
19to the satisfaction of the court. The department of justice may subpoena persons and
20require the production of books and other documents, and may request
the board, the
21department of regulation and licensing
, or the department of commerce to exercise
22its authority under sub. (1) to aid in the investigation of alleged violations of this
23subchapter.
AB776, s. 151
24Section
151. 423.102 of the statutes is amended to read:
AB776,53,2
1423.102 Scope. This chapter applies to all consumer transactions, except that
2subch. II does not apply to cemetery preneed sales under
s. ss. 440.92
and 440.922.
AB776, s. 152
3Section
152. 440.03 (1) of the statutes is amended to read:
AB776,53,94
440.03
(1) The department may promulgate rules defining uniform procedures
5to be used by the department,
the cemetery board, the real estate board, the real
6estate appraisers board, and all examining boards and affiliated credentialing
7boards attached to the department or an examining board, for receiving, filing
, and
8investigating complaints, for commencing disciplinary proceedings and for
9conducting hearings.
AB776, s. 153
10Section
153. 440.03 (3) of the statutes is amended to read:
AB776,53,1411
440.03
(3) If the secretary reorganizes the department, no modification may
12be made in the powers and responsibilities of the examining boards
or, affiliated
13credentialing boards
, or other boards attached to the department or an examining
14board under s.
15.03, 15.405
, or 15.406.
AB776, s. 154
15Section
154. 440.03 (7m) of the statutes is amended to read: