AB410,23,7
22157.60 Public easement in cemetery. Any person who
shall open or make 23opens or makes any highway, town way
, or private way or
shall construct constructs 24any railroad, turnpike
, or canal or anything in the nature of a public easement over,
25through, in
, or upon such part of any enclosure, being the property of any
town, city,
1village or municipality, religious
society association, or
of private
proprietors 2proprietor, as may be used for
the burial
of the dead, unless an authority for that
3purpose
shall be is specially granted by law or unless the consent of such
town, city,
4village municipality, religious
society association, or private
proprietors,
5respectively, shall be proprietor is first obtained
by the person, shall be punished by
6imprisonment in the county jail not more than one year
or and by fine not exceeding
7$300 $3,000.
AB410,60
8Section
60. 157.62 (1) (a) (intro.) of the statutes is amended to read:
AB410,23,149
157.62
(1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
10cemetery association shall file an annual report with the
department of financial
11institutions cemetery board. The report shall be made on a calendar-year basis
12unless the
department of financial institutions cemetery board, by rule, provides for
13other reporting periods. The report is due on the 60th day after the last day of the
14reporting period. The annual report shall include all of the following:
AB410,61
15Section
61. 157.62 (1) (c) of the statutes is amended to read:
AB410,23,2116
157.62
(1) (c) The
department of financial institutions cemetery board may
17prescribe and furnish forms for reports required under this subsection. If the
18department of financial institutions cemetery board prescribes forms under this
19paragraph, the
department of financial institutions
cemetery board shall mail the
20forms to cemetery associations required to file under par. (a) no later than 60 days
21before the reports are due.
AB410,62
22Section
62. 157.62 (2) (b) 6m. of the statutes is created to read:
AB410,23,2323
157.62
(2) (b) 6m. The names of the officers of the cemetery authority.
AB410,63
24Section
63. 157.62 (2) (d) of the statutes is amended to read:
AB410,24,2
1157.62
(2) (d) The
department
board shall review each report filed under par.
2(a) to determine whether the cemetery authority is complying with this subchapter.
AB410,64
3Section
64. 157.62 (3) (b) 2. of the statutes is repealed.
AB410,65
4Section
65. 157.62 (3) (b) 2g. of the statutes is created to read:
AB410,24,75
157.62
(3) (b) 2g. All records supporting the accounting under sub. (2) (b) 3.,
6including records that show, for each deposit, the name of the purchaser or
7beneficiary of the contract relating to the deposit and the item purchased.
AB410,66
8Section
66. 157.62 (3) (b) 2r. of the statutes is created to read:
AB410,24,119
157.62
(3) (b) 2r. All records supporting the accounting under sub. (2) (b) 4.,
10including records that show, for each deposit, the name of the purchaser or
11beneficiary of the contract relating to the deposit and the item purchased.
AB410,67
12Section
67. 157.62 (4) of the statutes is amended to read:
AB410,24,2013
157.62
(4) Records maintenance. The records under sub. (3) (b) 1. shall be
14permanently maintained by the cemetery authority or licensee. Each record under
15sub. (3) (b)
2. 2g. shall be maintained for not less than
3 15 years after the date of
16the deposit.
Each record under sub. (3) (b) 2r. shall be permanently maintained by
17the cemetery authority or licensee. Each copy of a contract under sub. (3) (b) 3. shall
18be maintained for not less than 3 years after all of the obligations of the contract have
19been fulfilled. The
department cemetery board may promulgate rules to establish
20longer time periods for maintaining records under sub. (3) (b)
2. 2g. and 3.
AB410,68
21Section
68. 157.62 (5) of the statutes is renumbered 157.62 (5) (intro.) and
22amended to read:
AB410,25,223
157.62
(5) Rules; records. (intro.) The
department cemetery board may shall 24promulgate rules requiring cemetery authorities and licensees to maintain other
25records and establishing minimum time periods for the maintenance of those
1records.
The records shall include detailed information for each deceased person
2buried in a cemetery, including all of the following:
AB410,69
3Section
69. 157.62 (5) (a) to (j) of the statutes are created to read:
AB410,25,44
157.62
(5) (a) The name of the deceased.
AB410,25,55
(b) The last-known address of the deceased.
AB410,25,66
(c) The date of birth of the deceased.
AB410,25,77
(d) The date of death.
AB410,25,88
(e) The date of burial.
AB410,25,99
(f) The exact location in the cemetery where the deceased is buried.
AB410,25,1110
(g) The name of the person authorizing the burial and his or her relationship
11to the deceased.
AB410,25,1212
(h) The name of the funeral establishment, as defined in s. 445.01 (6).
AB410,25,1313
(i) The type of burial vault used, if any.
AB410,25,1414
(j) The type and style of the grave marker, monument, or other memorial used.
AB410,70
15Section
70. 157.62 (6) of the statutes is amended to read:
AB410,25,2316
157.62
(6) Audit. Except as provided in ss. 157.625, 157.63 (5)
, and 440.92 (9)
17(e), the
department cemetery board may audit, at reasonable times and frequency,
18the records, trust funds
, and accounts of any cemetery authority, including records,
19trust funds
, and accounts pertaining to services provided by a cemetery authority
20which that are not otherwise subject to the requirements under this chapter. The
21department cemetery board may conduct audits under this subsection on a random
22basis, and shall conduct all audits under this subsection without providing prior
23notice to the cemetery authority.
AB410,71
24Section
71. 157.62 (7) of the statutes is amended to read:
AB410,26,4
1157.62
(7) Rules; filing fee. The
department cemetery board may promulgate
2rules establishing a filing fee to accompany the report required under sub. (2) (a).
3The filing fee shall be based on the approximate cost of regulating cemetery
4authorities.
AB410,72
5Section
72. 157.625 (2) of the statutes is repealed.
AB410,73
6Section
73. 157.63 (title) of the statutes is amended to read:
AB410,26,9
7157.63 (title)
Reporting and auditing exemptions; certification of
8compliance of cemetery organized and operated by, or affiliated with, a
9religious society association.
AB410,74
10Section
74. 157.63 (1) of the statutes is amended to read:
AB410,26,1511
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious
12association or a cemetery authority of a cemetery that is affiliated with a religious
13society organized under ch. 187 association, or that religious
society association, may
14file an annual certification with the
department
cemetery board as provided in this
15section.
AB410,75
16Section
75. 157.63 (2) (intro.) of the statutes is amended to read:
AB410,26,1917
157.63
(2) (intro.) A certification under this section shall be made on a form
18prescribed and furnished by the
department cemetery board and include all of the
19following:
AB410,76
20Section
76. 157.63 (2) (b) of the statutes is amended to read:
AB410,26,2521
157.63
(2) (b) A notarized statement of a person who is legally authorized to
22act on behalf of the religious
society association under this section that, during the
23reporting period under s. 157.62, each cemetery and the cemetery authority of each
24cemetery specified under par. (a) have either fully complied or have substantially
25complied with ss. 157.11 (9g)
(c) and 157.12 (3).
AB410,77
1Section
77. 157.63 (5) of the statutes is amended to read:
AB410,27,42
157.63
(5) During the effective period specified under sub. (4), the
department 3cemetery board may not audit the care funds or any records or accounts relating to
4the care funds of a cemetery to which a certification under this section applies.
AB410,78
5Section
78. 157.635 of the statutes is amended to read:
AB410,27,13
6157.635 Regulations of cemetery organized and operated by, or
7affiliated with, a religious society association. Nothing in this subchapter
8prohibits a
religious association or a cemetery authority of a cemetery that is
9affiliated with a religious
society organized under ch. 187 association from
10prohibiting the burial of the human remains of an individual in the cemetery if the
11individual was in a class of individuals who are prohibited under regulations adopted
12by the cemetery authority or religious
society association from being buried in the
13cemetery.
AB410,79
14Section
79. 157.637 of the statutes is amended to read:
AB410,27,19
15157.637 Veteran burials. A cemetery authority of a cemetery, other than a
16cemetery that is
organized and operated by, or affiliated with
, a religious
society
17organized under ch. 187 association, may not prohibit the burial
, as defined in s.
18157.061 (1), of the human remains of a person specified in s. 45.61 (2) at the cemetery
19if the cemetery authority is paid in its usual and customary manner for the burial.
AB410,80
20Section
80. 157.64 (2) (intro.) and (a) of the statutes are amended to read:
AB410,27,2421
157.64
(2) (intro.) Any person who intentionally does any of the following may
22be fined not more than
$1,000 $5,000 or imprisoned for not more than 90 days
, or
23both
, for the first offense and may be fined not more than $10,000 or imprisoned for
24not more than 9 months, or both, for each subsequent offense:
AB410,27,2525
(a) Violates s. 157.08 (2) (b), 157.11 (9g)
, or 157.12 (2) (b), (c)
, or (d)
or (4) (b).
AB410,81
1Section
81. 157.65 (1) (a) of the statutes is amended to read:
AB410,28,62
157.65
(1) (a) If the
department of safety and professional services cemetery
3board has reason to believe that any person 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 safety and
6professional services cemetery board may investigate.
AB410,82
7Section
82. 157.65 (1) (b) of the statutes is amended to read:
AB410,28,128
157.65
(1) (b) If the
department of safety and professional services cemetery
9board has reason to believe that any person is violating s. 157.12 or any rule
10promulgated under s. 157.12 and that the continuation of that activity might cause
11injury to the public interest, the
department of safety and professional services 12cemetery board may investigate.
AB410,83
13Section
83. 157.65 (2) of the statutes is amended to read:
AB410,28,2414
157.65
(2) The department of justice or any district attorney, upon informing
15the department of justice, may commence an action in circuit court in the name of
16the state to restrain by temporary or permanent injunction any violation of this
17subchapter. The court may, prior to entry of final judgment, make such orders or
18judgments as may be necessary to restore to any person any pecuniary loss suffered
19because of the acts or practices involved in the action, if proof of such loss is submitted
20to the satisfaction of the court. The department of justice may subpoena persons and
21require the production of books and other documents, and may request the
cemetery 22board
described in s. 15.405 (3m) or the department of safety and professional
23services to exercise its authority under sub. (1) to aid in the investigation of alleged
24violations of this subchapter.
AB410,84
25Section
84. 182.0175 (2) (c) of the statutes is created to read:
AB410,29,3
1182.0175
(2) (c)
Exemption for cemeteries. This subsection does not apply to any
2excavation in connection with the burial, as defined in s. 157.061 (1), of human
3remains in a cemetery, as defined in s. 157.061 (1p).
AB410,85
4Section
85. 440.90 (3) of the statutes is amended to read:
AB410,29,65
440.90
(3) "Cemetery
services and merchandise" has the meaning given in s.
6157.061 (3).
AB410,86
7Section
86. 440.90 (7) of the statutes is renumbered 440.90 (3e) and amended
8to read:
AB410,29,109
440.90
(3e) "Preneed sales contract" has the meaning given in s. 157.061
(12) 10(3g).
AB410,87
11Section
87. 440.90 (8) of the statutes is renumbered 440.90 (3m) and amended
12to read:
AB410,29,1613
440.90
(3m) "Preneed seller" means an individual who sells or solicits the sale
14of cemetery
services and merchandise or an undeveloped space under a preneed sales
15contract or, if such an individual is employed by or acting as an agent for a cemetery
16authority or any other person, the cemetery authority or other person.
AB410,88
17Section
88. 440.90 (9) of the statutes is renumbered 440.90 (3s) and amended
18to read:
AB410,29,1919
440.90
(3s) "Preneed trust fund" has the meaning given in s. 157.061
(13) (3r).
AB410,89
20Section
89. 440.90 (14) of the statutes is amended to read:
AB410,29,2421
440.90
(14) "Wholesale cost ratio" means the actual cost to a preneed seller to
22supply and deliver cemetery
services and merchandise or to construct an
23undeveloped space divided by the price paid by the purchaser, excluding sales tax,
24finance or interest charges
, administrative fees, and insurance premiums.
AB410,90
25Section
90. 440.91 (1) (a) of the statutes is amended to read:
AB410,30,9
1440.91
(1) (a) Any cemetery authority that operates a cemetery that
is 5 has
23 acres or more
in size, that sells 20 or more cemetery lots or mausoleum spaces at
3a cemetery during a calendar year, of dedicated cemetery land or that has
$100,000 4$50,000 or more in trust fund accounts for a cemetery shall apply to the board for a
5license for that cemetery. A cemetery authority that operates more than one
6cemetery shall apply for a separate license for each cemetery that
is 5 has 3 acres
7or more
in size and for each cemetery at which it sells 20 or more burial spaces of
8dedicated cemetery land or
at which it that has
$100,000 $50,000 or more in trust
9fund accounts.
AB410,91
10Section
91. 440.91 (1) (c) 1. of the statutes is renumbered 440.91 (1) (c) and
11amended to read:
AB410,30,1712
440.91
(1) (c) The renewal dates for licenses granted under par. (b) are specified
13in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the
14department under s. 440.03 (9) (a)
, except that a licensed cemetery authority is not
15required to renew its license if the cemetery authority sells less than 20 cemetery lots
16or mausoleum spaces at a cemetery during a calendar year, or that has less than
17$100,000 in trust fund accounts for a cemetery.
AB410,92
18Section
92. 440.91 (1) (c) 2. of the statutes is repealed.
AB410,93
19Section
93. 440.91 (1m) (a) of the statutes is amended to read:
AB410,31,320
440.91
(1m) (a) Except as provided in sub. (6m), any cemetery authority that
21operates a cemetery that
is has less than
5 3 acres
in size, that sells fewer than 20
22cemetery lots or mausoleum spaces at a cemetery during a calendar year, of dedicated
23cemetery land or that has less than
$100,000
$50,000 in trust fund accounts for a
24cemetery shall register with the board. A cemetery authority that operates more
25than one cemetery shall submit a separate registration to the board for each
1cemetery that
is has less than
5 3 acres
in size, that sells fewer than 20 cemetery
2lots or mausoleum spaces at a cemetery during a calendar year,
of dedicated cemetery
3land or that has less than
$100,000 $50,000 in trust fund accounts.
AB410,94
4Section
94. 440.91 (2) (intro.) of the statutes is amended to read:
AB410,31,145
440.91
(2) (intro.) Except as provided in sub. (10), every individual who sells
6or solicits the sale of, or that expects to sell or solicit the sale of,
20 or more a cemetery
7lots lot or mausoleum
spaces per year during 2 consecutive calendar years space shall
8be licensed by the board. An individual may not be licensed as a cemetery
9salesperson except upon the written request of a cemetery authority and the
10payment of the initial credential fee determined by the department under s. 440.03
11(9) (a). The cemetery authority shall certify in writing to the board that the
12individual is competent to act as a cemetery salesperson. An applicant for licensure
13as a cemetery salesperson shall furnish to the board, in such form as the board
14prescribes, all of the following information:
AB410,95
15Section
95. 440.91 (2) (d) of the statutes is amended to read:
AB410,31,1916
440.91
(2) (d) Any other information which the
department board may
17reasonably require to enable it to determine the competency of the salesperson to
18transact the business of a cemetery salesperson in a manner which safeguards the
19interest of the public.
AB410,96
20Section
96. 440.91 (3) of the statutes is amended to read:
AB410,31,2421
440.91
(3) Any cemetery salesperson may transfer to the employment of a
22cemetery authority, other than the cemetery authority that certified the salesperson
23under sub. (2), by filing a transfer form with the
department board and paying the
24transfer fee specified in s. 440.05 (7).
AB410,97
25Section
97. 440.91 (4) of the statutes is amended to read:
AB410,32,4
1440.91
(4) Renewal applications shall be submitted to the
department board 2on a form provided by the
department board on or before the applicable renewal date
3specified under s. 440.08 (2) (a) and shall include the applicable renewal fee
4determined by the department under s. 440.03 (9) (a).
AB410,98
5Section
98. 440.91 (10) of the statutes is amended to read:
AB410,32,96
440.91
(10) Nothing in this section requires an individual who is licensed as
7a preneed seller under s. 440.92 (1) to be licensed as a cemetery salesperson under
8sub. (2) if the individual only sells or solicits the sale of cemetery
services and 9merchandise or undeveloped spaces under preneed sales contracts.
AB410,99
10Section
99. 440.92 (1) (a) of the statutes is amended to read:
AB410,32,1511
440.92
(1) (a) Except as provided in subs. (4), (9) (a)
, and (10), every individual
12who sells or solicits the sale of cemetery
services and merchandise or an undeveloped
13space under a preneed sales contract and, if the individual is employed by or acting
14as an agent for a cemetery authority or any other person, that cemetery authority or
15other person is also required to be licensed under this subsection.
AB410,100
16Section
100. 440.92 (1) (b) 1. of the statutes is amended to read: