AB776,17,138 157.062 (2) Amendments. The association may change its name, the number
9of trustees or the annual meeting date by resolution at an annual meeting, or special
10meeting called for such purpose, by a majority vote of the members present, and,
11except as provided in sub. (9),
by delivering to the department of financial
12institutions a copy of the resolution, with the date of adoption, certified by the
13president and secretary or corresponding officers.
AB776, s. 36 14Section 36. 157.062 (3) of the statutes is amended to read:
AB776,17,2015 157.062 (3) Validation. When there shall have been a bona fide attempt to
16organize a cemetery association, but a failure to record a properly drawn and
17executed certificate of organization, and it has in good faith bought and platted
18grounds and conveyed cemetery lots burial spaces and carried on business for over
1925 years, the same shall be a body corporate from the date of conveyance to it of real
20estate, and its transfers and other transactions are validated.
AB776, s. 37 21Section 37. 157.062 (4) (a) of the statutes is amended to read:
AB776,18,422 157.062 (4) (a) An annual election shall be held during the annual meeting.
23The annual meeting, and any special meeting described in sub. (2), shall be held at
24a place in the county chosen by the trustees upon public notice as required by the
25bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots

1burial spaces in the cemetery, residents of the state, and hold office for 3 years.
2Election shall be by ballot and a plurality shall elect. Each owner of one or more
3cemetery lots burial spaces is entitled to one vote, and one of several owners of a
4cemetery lot burial space, designated by the majority of them, shall cast the vote.
AB776, s. 38 5Section 38. 157.062 (5) of the statutes is amended to read:
AB776,18,116 157.062 (5) Trustees; duties, report. The trustees may fill vacancies for the
7unexpired term. One shall be chosen president, and they shall appoint a secretary
8and treasurer, and may require security of the treasurer. The trustees shall manage
9the affairs and property of the association and control and beautify the cemetery, and
10may establish regulations for those purposes. The trustees shall make and file
11written reports as required in s. 157.62 (1) and (2).
AB776, s. 39 12Section 39. 157.062 (6) (b) of the statutes is amended to read:
AB776,19,213 157.062 (6) (b) If an association that has been dissolved under par. (a), or any
14group that was never properly organized as a cemetery association, has cemetery
15grounds and human remains are buried in the cemetery grounds, 5 or more
16members, or persons interested as determined by order of the circuit judge under par.
17(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
18cemetery is located, of the time, place, and object of the meeting, assemble, and
19reorganize by the election of trustees and divide them into classes as provided in sub.
20(1), the commencement of the terms to be computed from the next annual meeting
21date. The secretary shall enter the proceedings of the meeting on the records. The
22association is reorganized upon delivery of a copy of the proceedings to the
23department of financial institutions, except as provided in sub. (9). Upon
24reorganization, the title to the cemetery grounds, trust funds, and all other property
25of the association or group vests in the reorganized association, under the control of

1the trustees. The reorganized association may continue the name of the dissolved
2association or may adopt a new name.
AB776, s. 40 3Section 40. 157.062 (6) (c) of the statutes is amended to read:
AB776,19,144 157.062 (6) (c) If an association is dissolved under par. (a) or any group has
5never been properly organized as cemetery association, and there are fewer than 5
6members living or residing in the county where the cemetery is located, the circuit
7judge for the county shall upon the petition of any person interested, make an order
8determining who are persons interested in the cemetery. Any adult person who owns
9an interest in any cemetery lot burial space in the cemetery, who is related to any
10person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece,
11or surviving spouse of a member of the dissolved association, is an interested person.
12The circuit judge may make the order upon evidence he or she deems sufficient, with
13or without hearing. The order need not contain the names of all persons interested,
14but shall contain the names of at least 5 such persons.
AB776, s. 41 15Section 41. 157.062 (9) of the statutes is repealed.
AB776, s. 42 16Section 42. 157.063 of the statutes is created to read:
AB776,19,19 17157.063 General duties and powers of board. (1) In addition to the other
18duties and powers of the board under this subchapter, the board shall do each of the
19following:
AB776,19,2120 (a) Advise the secretary of regulation and licensing on matters relating to
21cemeteries, to this subchapter or subch. VIII of ch. 440, or to the board.
AB776,19,2322 (b) Independently exercise its powers, duties, and functions that are specified
23in this subchapter and subch. VIII of ch. 440.
AB776,20,324 (c) Be the supervising authority of all personnel, other than shared personnel,
25engaged in the review, investigation, or handling of information regarding

1investigations and disciplinary matters affecting persons who are registered or
2licensed by the department under subch. VIII of ch. 440, or in the exercise of
3administrative discretion with regard to the discipline of those persons.
AB776,20,64 (d) Maintain, in conjunction with the board's operations, in central locations
5designated by the department, all records pertaining to the functions independently
6retained by the board.
AB776,20,117 (e) Compile and keep current a register of the names and addresses of all
8persons who are registered or licensed by the department under subch. VIII of ch. 440
9that is retained by the department and that is available for public inspection during
10the days specified in s. 230.35 (4) (a). The department may also make the register
11available to the public by electronic transmission.
AB776,20,12 12(2) The board does not have rule-making authority.
AB776, s. 43 13Section 43. 157.064 (2) of the statutes is amended to read:
AB776,20,1814 157.064 (2) A cemetery or religious association incorporated in this state and
15having a cemetery in or near a 1st or 2nd class city and any cemetery described under
16s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands
17for cemetery purposes, and may pay for it wholly or partly from its cemetery lot burial
18space
sales.
AB776, s. 44 19Section 44. 157.064 (6) of the statutes is amended to read:
AB776,21,720 157.064 (6) Whenever the majority of the members of a cemetery association,
21or of a religious association authorized to hold lands for cemetery purposes, present
22at an annual meeting or special meeting called for such purpose vote to convey all
23of the cemetery association's or religious association's cemetery property, trust funds
24and other property used for cemetery purposes to another cemetery association or
25religious association, the trustees of the association shall transfer the property upon

1the acceptance of the transfer by the other association by affirmative vote of a
2majority of its members present at an annual meeting or special meeting called for
3that purpose. Upon such acceptance, the title to the cemetery property, trust funds
4and other property of the transferring association vests in the accepting association
5under the control of the trustees of the accepting association. A conveyance under
6this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious
7society organized under ch. 187 cemetery authority.
AB776, s. 45 8Section 45. 157.065 (1) (b) 4. of the statutes is repealed.
AB776, s. 46 9Section 46. 157.066 of the statutes is created to read:
AB776,21,12 10157.066 Burial spaces not located in cemeteries. (1) A city, village, or
11town may enact and enforce an ordinance that allows a person to bury human
12remains in a burial space that is not located in a cemetery.
AB776,21,15 13(2) Unless a city, village, or town has enacted an ordinance under sub. (1), no
14person may bury human remains in the city, village, or town in a burial space that
15is not located in a cemetery.
AB776, s. 47 16Section 47. 157.07 (1) of the statutes is amended to read:
AB776,21,2417 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a
18land surveyor registered in this state those portions of the lands that are from time
19to time required for burial
used, after the effective date of this subsection .... [revisor
20inserts date], for burials
, into cemetery lots burial spaces, drives, and walks, and
21record a plat or map of the land in the office of the register of deeds. The plat or map
22may not be recorded unless laid out and platted to the satisfaction of the county board
23of the county, and the town board of the town, in which the land is situated, or, if the
24land is situated within a 1st class city, then only by the common council of that city.
AB776, s. 48 25Section 48. 157.07 (5) of the statutes is amended to read:
AB776,22,12
1157.07 (5) The cemetery authority may vacate or replat any portion of its
2cemetery upon the filing of a petition with the circuit court describing the portion and
3setting forth the facts and reasons therefor. The court shall fix a time for hearing and
4direct publication of a class 3 notice, under ch. 985, and the court shall order a copy
5of the notice to be mailed to at least one interested person, as to each separate parcel
6involved, whose post-office address is known or can be ascertained with reasonable
7diligence, at least 20 days before such hearing. If the court finds that the proposed
8vacating or replatting is for the best interest of the cemetery authority and that the
9rights of none to whom cemetery lots burial spaces have been conveyed will be
10injured, it shall enter an order reciting the jurisdictional facts and its findings and
11authorizing the vacating or replatting of the lands of the cemetery. The order shall
12be effective when recorded by the register of deeds.
AB776, s. 49 13Section 49. 157.07 (6) of the statutes is amended to read:
AB776,22,1514 157.07 (6) This section does not apply to a religious society organized under ch.
15187
cemetery authority.
AB776, s. 50 16Section 50. 157.08 (1) of the statutes is amended to read:
AB776,22,2317 157.08 (1) After the plat or map is recorded under s. 157.07, the cemetery
18authority may sell and convey cemetery lots burial spaces. Conveyances shall be
19signed by the chief officer of the cemetery authority, and by the secretary or clerk of
20the cemetery authority, if any. Before delivering the conveyance to the grantee, the
21cemetery authority shall enter on records kept for that purpose, the date and
22consideration and the name and residence of the grantee. The conveyances may be
23recorded with the register of deeds.
AB776, s. 51 24Section 51. 157.08 (2) (a) of the statutes is amended to read:
AB776,23,6
1157.08 (2) (a) If a cemetery lot or mausoleum burial space is sold by a cemetery
2authority and used or intended to be used for the burial of the human remains of the
3purchaser or the purchaser's family members, the purchaser's interests in the
4ownership of, title to, or right to use the cemetery lot or mausoleum burial space are
5not affected or limited by any claims or liens of other persons against the cemetery
6authority.
AB776, s. 52 7Section 52. 157.08 (2) (b) of the statutes is renumbered 157.08 (2) (b) 1. (intro.)
8and amended to read:
AB776,23,129 157.08 (2) (b) 1. (intro.) Before a cemetery authority sells or encumbers any
10cemetery land, except for a sale described in par. (a)
takes any of the following
11actions
, the cemetery authority shall notify the department in writing of the
12proposed sale or encumbrance.
:
AB776,23,18 133. If within 60 days after the department is notified of the proposed sale or
14encumbrance
under subd. 1. the department notifies the cemetery authority in
15writing that the department objects to the sale or encumbrance proposed action, the
16cemetery authority may not sell or encumber the cemetery land take the action
17unless the department subsequently notifies the cemetery authority in writing that
18the objection is withdrawn.
AB776,23,24 194. The department may object to a sale or encumbrance an action under subd.
203.
only if it determines that the cemetery authority will not be financially solvent or
21that the rights and interests of owners of cemetery lots and mausoleum burial spaces
22will not be adequately protected if the sale or encumbrance occurs action is taken.
23The department shall promulgate rules that establish requirements and procedures
24for making a determination under this subdivision
.
AB776,24,5
15. The department may, before the expiration of the 60-day period under subd.
23.
, notify the cemetery authority in writing that the department approves of the sale
3or encumbrance
action. Upon receipt of the department's written approval, the
4cemetery authority may sell or encumber the cemetery land take the action and is
5released of any liability under this paragraph.
AB776,24,7 66. The department shall make every effort to make determinations under this
7paragraph in an expeditious manner.
AB776, s. 53 8Section 53. 157.08 (2) (b) 1. a., b., c. and d. of the statutes are created to read:
AB776,24,109 157.08 (2) (b) 1. a. Sells or encumbers any cemetery land, except for a sale
10described in par. (a).
AB776,24,1211 b. Transfers ownership or control of 50% or more of the assets or stock of the
12cemetery.
AB776,24,1413 c. Engages in a transaction that results in a person acquiring ownership or
14control of 50% or more of the stock of the cemetery.
AB776,24,1615 d. Transfers responsibility for management or operation of the cemetery
16authority.
AB776, s. 54 17Section 54. 157.08 (2) (b) 2. of the statutes is created to read:
AB776,24,1918 157.08 (2) (b) 2. The department shall promulgate rules that specify the
19documentation that must be submitted with a notification under subd. 1.
AB776, s. 55 20Section 55. 157.08 (5) of the statutes is amended to read:
AB776,24,2421 157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society
22organized under ch. 187,
cemetery authority and sub. (2) (b) does not apply to a
23cemetery authority that is not required to be registered licensed under s. 440.91 (1)
24and that is not organized or conducted for pecuniary profit.
AB776, s. 56 25Section 56. 157.10 (title) of the statutes is amended to read:
AB776,25,1
1157.10 (title) Alienation and use of cemetery lots burial spaces .
AB776, s. 57 2Section 57. 157.10 of the statutes is renumbered 157.10 (1) (a) and amended
3to read:
AB776,25,74 157.10 (1) (a) While Except as provided in par. (b), while any person is buried
5in a cemetery lot, the cemetery lot burial space, the burial space shall be inalienable,
6without the consent of
unless the cemetery authority, and on the consents to a
7conveyance of an interest in the burial space.
AB776,25,11 8(2) Upon the death of the owner of a burial space, ownership of the cemetery
9lot
burial space shall descend to the owner's heirs; but and any one or more of such
10heirs may convey to any other heir his or her interest in the cemetery lot. burial
11space.
AB776,25,19 12(3) No human remains may be buried in a cemetery lot burial space except the
13human remains of one having an interest in the cemetery lot burial space, or a
14brother, sister, or other relative, or the husband or wife of such person, or his or her
15brother, sister, or other relative, except by the consent of all persons having an
16interest in the cemetery lot burial space. This subsection does not apply to the burial
17of human remains of an individual who is in a class of individuals who are prohibited
18under regulations adopted by a religious cemetery authority or affiliated religious
19association from being buried in a cemetery
.
AB776, s. 58 20Section 58. 157.10 (1) (b) of the statutes is created to read:
AB776,26,221 157.10 (1) (b) A person having an interest in a burial space may, after providing
22written notice to the cemetery authority, convey the interest to his or her spouse,
23child, brother, sister, or parent without the consent of the cemetery authority. This
24paragraph does not apply if the spouse, child, brother, sister, or parent is in a class
25of individuals who are prohibited under regulations adopted by a religious cemetery

1authority or affiliated religious association from being buried in the cemetery in
2which the burial space is located.
AB776, s. 59 3Section 59. 157.10 (4) of the statutes is created to read:
AB776,26,74 157.10 (4) The department shall promulgate rules that interpret the
5requirements of this section and require any person who transfers an interest in a
6burial space to provide the transferee with a written notice, prepared by the
7department, that describes the requirements of this section.
AB776, s. 60 8Section 60. 157.11 (title) of the statutes is amended to read:
AB776,26,10 9157.11 (title) Improvement and care of cemetery lots burial spaces and
10grounds.
AB776, s. 61 11Section 61. 157.11 (1m) of the statutes is created to read:
AB776,26,1412 157.11 (1m) Duty to maintain. A cemetery authority shall maintain a
13cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences,
14buildings, and other structures, in a reasonable manner at all times.
AB776, s. 62 15Section 62. 157.11 (2) of the statutes is amended to read:
AB776,27,416 157.11 (2) Regulations. The cemetery authority may make regulations for
17management and care of the cemetery. No person may plant, in the cemetery, trees
18or shrubs, nor erect wooden fences or structures or offensive or dangerous structures
19or monuments, nor maintain them if planted or erected in violation of the
20regulations. The cemetery authority may require any person owning or controlling
21a cemetery lot burial space to do anything necessary to comply with the regulations
22by giving reasonable personal notice in writing if the person is a resident of the state,
23otherwise by publishing a class 3 notice, under ch. 985, in the county. If the person
24fails to comply within 20 days thereafter, the cemetery authority may cause it to be
25done and recover from the person the expense. The cemetery authority may also

1impose a forfeiture not exceeding $10 for violation of the regulations posted in 3
2conspicuous places in the cemetery, recoverable under ch. 778. Each employee and
3agent of the cemetery authority shall have constable powers in enforcing the
4regulations.
AB776, s. 63 5Section 63. 157.11 (3) of the statutes is amended to read:
AB776,27,126 157.11 (3) Contracts. The cemetery authority may contract with persons who
7own or are interested in a cemetery lot burial space for its care. The contract shall
8be in writing, may provide that the cemetery lot burial space shall be forever exempt
9from taxes, assessments, or charges for its care and the care and preservation of the
10grounds, shall express the duty of the cemetery authority, shall be recorded in a book
11kept for that purpose, and shall be effective when the consideration is paid or
12secured.
AB776, s. 64 13Section 64. 157.11 (4) of the statutes is amended to read:
AB776,27,2114 157.11 (4) Associations of relatives. Persons owning a cemetery lot burial
15space
or having relatives buried in a cemetery may incorporate an association to hold
16and occupy a previously constituted cemetery, and to preserve and care for the same.
17Section 157.062 shall apply to the association. Nothing in this subsection shall give
18rights of burial. A municipality may lease a municipal cemetery to a cemetery
19association for preservation and may contract to permit the association to use
20cemetery funds therefor. Such leases and contracts may be revoked at will by the
21municipal board.
AB776, s. 65 22Section 65. 157.11 (5) of the statutes is amended to read:
AB776,27,2523 157.11 (5) Sum required. The cemetery authority shall annually fix the sum
24necessary for the care of cemetery lots burial spaces and care and improvement of
25the cemetery, or to produce a sufficient income for those purposes.
AB776, s. 66
1Section 66. 157.11 (7) (a) of the statutes is amended to read:
AB776,28,92 157.11 (7) (a) The cemetery authority may annually assess upon the cemetery
3lots
burial spaces amounts not to exceed the amounts reasonably required for actual
4and necessary costs for cleaning and care of cemetery lots burial spaces and care and
5improvement of the cemetery. Notice of the assessment, along with a copy of this
6section, shall be mailed to each owner or person having charge of a cemetery lot
7burial space, at the owner's or person's last-known post-office address, directing
8payment to the cemetery authority within 30 days and specifying that such
9assessments are a personal liability of the owner or person.
AB776, s. 67 10Section 67. 157.11 (7) (b) of the statutes is amended to read:
AB776,28,1411 157.11 (7) (b) The cemetery authority may fix and determine the sum
12reasonably necessary for the care of the grave or cemetery lot burial space in
13reasonable and uniform amounts, which amounts shall be subject to the approval of
14the court, and may collect those amounts as part of the funeral expenses.
AB776, s. 68 15Section 68. 157.11 (7) (c) of the statutes is amended to read:
AB776,28,1816 157.11 (7) (c) Before ordering distribution of the estate of a deceased person,
17the court shall order paid any assessment under this section, or the sum so fixed for
18the care of the cemetery lot or grave burial space of the deceased.
AB776, s. 69 19Section 69. 157.11 (7) (d) of the statutes is amended to read:
AB776,29,420 157.11 (7) (d) When uniform care of a cemetery lot burial space has been given
21for 2 consecutive years or more, for which assessments are unpaid, after notice as
22provided in sub. (2), right to burial is forfeited until delinquent assessments are paid.
23When uniform care has been given for 5 consecutive years or more and the
24assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery
25lot
burial space shall pass to the cemetery authority and may be sold, the payment

1of principal to be deposited into the care fund. Before depositing the payment of
2principal into the care fund, the cemetery authority may retain an amount necessary
3to cover the cemetery authority's administrative and other expenses related to the
4sale, but the amount retained may not exceed 50% of the proceeds.
AB776, s. 70 5Section 70. 157.11 (8) of the statutes is repealed.
AB776, s. 71 6Section 71. 157.11 (9) (title) of the statutes is repealed and recreated to read:
AB776,29,77 157.11 (9) (title) Gifts.
AB776, s. 72 8Section 72. 157.11 (9) (a) of the statutes is renumbered 157.11 (9) (b) and
9amended to read:
AB776,29,1510 157.11 (9) (b) Before a cemetery authority receives a gift, the surety bonds of
11the cemetery authority shall be increased to cover such amount if it does not then do
12so. If the bonds are not filed, or the
If a cemetery authority fails to do anything
13required by this subsection, the judge may appoint a trustee, and all property and
14money so given in the manner described under par. (am) and evidences of title and
15securities shall be delivered to the trustee.
AB776, s. 73 16Section 73. 157.11 (9) (am) of the statutes is created to read:
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