AB776: Bill Text

AB776,43,7 (b) The religious association cemetery authority is responsible for all liabilities of the cemetery.

AB776,43,9 (c) The total acreage of all other cemeteries owned by the religious association cemetery authority exceeds 20 acres.

AB776, s. 111 Section 111. 157.128 (3) (b) of the statutes is amended to read:

AB776,43,13 157.128 (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.

AB776, s. 112 Section 112. 157.19 (2) (c) of the statutes is amended to read:

AB776,44,2 157.19 (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preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled.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.

AB776, s. 113 Section 113. 157.19 (4m) of the statutes is created to read:

AB776,44,13 157.19 (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.

AB776, s. 114 Section 114. 157.19 (5) (a) of the statutes is amended to read:

AB776,44,21 157.19 (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.

AB776, s. 115 Section 115. 157.19 (5) (c) of the statutes is created to read:

AB776,45,3 157.19 (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.

AB776, s. 116 Section 116. 157.60 of the statutes is amended to read:

AB776,45,13 157.60 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.

AB776, s. 117 Section 117. 157.61 of the statutes is created to read:

AB776,45,19 157.61 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.

AB776, s. 118 Section 118. 157.62 (1) (a) (intro.), (b) and (c) of the statutes are repealed.

AB776, s. 119 Section 119. 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.

AB776, s. 120 Section 120. 157.62 (2) (a) of the statutes is amended to read:

AB776,46,5 157.62 (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.

AB776, s. 121 Section 121. 157.62 (2) (b) 1. of the statutes is amended to read:

AB776,46,8 157.62 (2) (b) 1. A copy of any report required under sub. (1) (a) or s. 180.1622 or 181.1622.

AB776, s. 122 Section 122. 157.62 (2) (b) 1m. of the statutes is created to read:

AB776,46,11 157.62 (2) (b) 1m. The percentage of burial spaces at the cemetery that are available for sale.

AB776, s. 123 Section 123. 157.62 (2) (b) 2. of the statutes is amended to read:

AB776,46,14 157.62 (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.

AB776, s. 124 Section 124. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b) 7. (intro.) and amended to read:

AB776,46,19 157.62 (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:

AB776, s. 125 Section 125. 157.62 (3) (a) of the statutes is amended to read:

AB776,47,2 157.62 (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.

AB776, s. 126 Section 126. 157.62 (3) (b) 3. of the statutes is amended to read:

AB776,47,5 157.62 (3) (b) 3. A copy of each contract for the sale of a cemetery lot, mausoleum burial space or cemetery merchandise.

AB776, s. 127 Section 127. 157.62 (3) (c) of the statutes is created to read:

AB776,47,9 157.62 (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.

AB776, s. 128 Section 128. 157.62 (4) (title) of the statutes is amended to read:

AB776,47,11 157.62 (4) (title) Records maintenance ; inspection.

AB776, s. 129 Section 129. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).

AB776, s. 130 Section 130. 157.62 (4) (b) of the statutes is created to read:

AB776,47,16 157.62 (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.

AB776, s. 131 Section 131. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).

AB776, s. 132 Section 132. 157.62 (5) (a) of the statutes is created to read:

AB776,47,20 157.62 (5) (a) The department may promulgate rules establishing minimum standards for the format and maintenance of records required under this section.

AB776, s. 133 Section 133. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and amended to read:

AB776,48,6 157.62 (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.

AB776, s. 134 Section 134. 157.62 (6) (b) of the statutes is created to read:

AB776,48,13 157.62 (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.

AB776, s. 135 Section 135. 157.625 of the statutes is repealed.

AB776, s. 136 Section 136. 157.63 (title) of the statutes is amended to read:

AB776,48,18 157.63 (title) Reporting and auditing exemptions; certification of compliance of religious cemetery affiliated with religious society authority.

AB776, s. 137 Section 137. 157.63 (1) of the statutes is amended to read:

AB776,48,25 157.63 (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.

AB776, s. 138 Section 138. 157.63 (2) (b) of the statutes is amended to read:

AB776,49,6 157.63 (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).

AB776, s. 139 Section 139. 157.63 (3) of the statutes is amended to read:

AB776,49,11 157.63 (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).

AB776, s. 140 Section 140. 157.63 (4) of the statutes is amended to read:

AB776,49,16 157.63 (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).

AB776, s. 141 Section 141. 157.63 (6) of the statutes is amended to read:

AB776,49,23 157.63 (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.

AB776, s. 142 Section 142. 157.635 of the statutes is amended to read:

AB776,50,9 157.635 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.

AB776, s. 143 Section 143. 157.637 of the statutes is created to read:

AB776,50,16 157.637 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.

AB776,50,20 (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.

AB776,50,24 (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.

AB776,51,10 (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.

AB776,51,12 (5) The department shall provide staff to assist the board in the review of administrative rules and preparation of comments or dissenting reports.

AB776, s. 144 Section 144. 157.64 (2) (d) of the statutes is amended to read:

AB776,51,15 157.64 (2) (d) Fails to file a report or files an incomplete, false, or misleading report under s. 157.62 (1) or (2).

AB776, s. 145 Section 145. 157.64 (2) (e) of the statutes is amended to read:

AB776,51,17 157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).

AB776, s. 146 Section 146. 157.64 (2) (h) of the statutes is created to read:

AB776,51,19 157.64 (2) (h) Violates s. 157.112.

AB776, s. 147 Section 147. 157.65 (1) (a) of the statutes is amended to read:

AB776,51,25 157.65 (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.

AB776, s. 148 Section 148. 157.65 (1) (am) of the statutes is created to read:

AB776,52,6 157.65 (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.

AB776, s. 149 Section 149. 157.65 (1) (b) of the statutes is amended to read:

AB776,52,11 157.65 (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.

AB776, s. 150 Section 150. 157.65 (2) of the statutes is amended to read:

AB776,52,23 157.65 (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.

AB776, s. 151 Section 151. 423.102 of the statutes is amended to read:

AB776,53,2 423.102 Scope. This chapter applies to all consumer transactions, except that subch. II does not apply to cemetery preneed sales under s. ss. 440.92 and 440.922.

AB776, s. 152 Section 152. 440.03 (1) of the statutes is amended to read:

AB776,53,9 440.03 (1) The department may promulgate rules defining uniform procedures to be used by the department, the cemetery board, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing, and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

AB776, s. 153 Section 153. 440.03 (3) of the statutes is amended to read:

AB776,53,14 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or, affiliated credentialing boards, or other boards attached to the department or an examining board under s. 15.03, 15.405, or 15.406.

AB776, s. 154 Section 154. 440.03 (7m) of the statutes is amended to read:

AB776,53,25 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, certified, signed, sworn , or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).