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 under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that is not located in a county with a population greater than 600,000.
16,2852qL
Section 2852qL. 157.19 (2) (c) of the statutes is amended to read:
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preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled.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.
16,2852qn
Section 2852qn. 157.19 (4m) of the statutes is created to read:
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.
16,2852qp
Section 2852qp. 157.19 (5) (a) of the statutes is amended to read:
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, and that is not located in a county with a population greater than 600,000.
16,2852qr
Section 2852qr. 157.19 (5) (c) of the statutes is created to read:
157.19 (5) (c) If the department determines that a cemetery authority of a cemetery in a county with a population greater than 600,000, or a preneed seller for such a cemetery authority, 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.
16,2852qt
Section 2852qt. 157.60 of the statutes is amended to read:
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.
16,2852qv
Section 2852qv. 157.61 of the statutes is created to read:
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 of a cemetery in a county with a population greater than 600,000, 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.
16,2852se
Section 2852se. 157.62 (2) (b) 1m. of the statutes is created to read:
157.62 (2) (b) 1m. If the cemetery authority operates a cemetery in a county with a population greater than 600,000, the percentage of burial spaces at the cemetery that are available for sale.
16,2852sh
Section 2852sh. 157.62 (3) (a) of the statutes is amended to read:
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.
16,2852si
Section 2852si. 157.62 (3) (b) 3. of the statutes is amended to read:
157.62 (3) (b) 3. A copy of each contract for the sale of a cemetery lot, mausoleum burial space or cemetery merchandise.
16,2852sj
Section 2852sj. 157.62 (3) (c) of the statutes is created to read:
157.62 (3) (c) Every cemetery authority of a cemetery in a county with a population greater than 600,000 that is registered 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.
16,2852sk
Section 2852sk. 157.62 (4) (title) of the statutes is amended to read:
157.62 (4) (title) Records maintenance
; inspection.
16,2852sL
Section 2852sL. 157.62 (4) of the statutes is renumbered 157.62 (4) (a).
16,2852sm
Section 2852sm. 157.62 (4) (b) of the statutes is created to read:
157.62 (4) (b) A cemetery authority that operates a cemetery in a county with a population greater than 600,000 that is registered shall, upon reasonable notice, make the records and contract copies under sub. (3) (b) available for inspection and copying by the department.
16,2852sn
Section 2852sn. 157.62 (5) of the statutes is renumbered 157.62 (5) (b).
16,2852snb
Section 2852snb. 157.62 (5) (a) of the statutes is created to read:
157.62 (5) (a) The department may promulgate rules establishing minimum standards for the format and maintenance of records required under this section, except under sub. (1).
16,2852so
Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and amended to read:
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 cemetery authority and shall audit the records, trust funds, and accounts of each registered cemetery authority of a cemetery in a county with a population greater than 600,000, 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.
16,2852sp
Section 2852sp. 157.62 (6) (b) of the statutes is created to read:
157.62 (6) (b) If the department has cause to believe that a registered cemetery authority of a cemetery in a county with a population greater than 600,000 has not complied with the requirements of this subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the department 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.
16,2852sq
Section 2852sq. 157.625 of the statutes is amended to read:
157.625 Reporting exemption for certain cemeteries. (1) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and that is not required under this chapter or under s. 440.92 to maintain any care funds or preneed trust funds is not required to file an annual report under s. 157.62 (2).
(2) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and whose annual operating budget for the cemetery is $2,500 or less is not required to file an annual report under s. 157.62 (2).
(3) Section 157.62 does not apply to 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, and that does not operate a cemetery in a county with a population that is greater than 600,000.
16,2852sr
Section 2852sr. 157.63 (title) of the statutes is amended to read:
157.63 (title) Reporting and auditing exemptions; certification of compliance of religious cemetery affiliated with religious society authority.
16,2852ss
Section 2852ss. 157.63 (1) of the statutes is amended to read:
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.
16,2852st
Section 2852st. 157.63 (2) (b) of the statutes is amended to read:
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).
16,2852sv
Section 2852sv. 157.63 (3) of the statutes is amended to read:
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).
16,2852sx
Section 2852sx. 157.63 (4) of the statutes is amended to read:
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).
16,2852sz
Section 2852sz. 157.63 (6) of the statutes is amended to read:
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.
16,2852w
Section 2852w. 157.635 of the statutes is amended to read:
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.
16,2852yh
Section 2852yh. 157.64 (2) (e) of the statutes is amended to read:
157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).
16,2852yL
Section 2852yL. 157.64 (2) (h) of the statutes is created to read:
157.64 (2) (h) Violates s. 157.112, if the violation occurs in a county with a population greater than 600,000.
16,2852yu
Section 2852yu. 157.65 (1) (b) of the statutes is amended to read:
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.
16,2853
Section 2853. 157.70 (2) (i) of the statutes is amended to read:
157.70 (2) (i) Cause a cataloged burial site to be recorded by the register of deeds of the county in which the burial site is located. The historical society shall reimburse the county for the cost of recording under this paragraph from the appropriation under s. 20.245 (3)
(1) (a).
16,2853r
Section 2853r. 165.017 (1) of the statutes is repealed.
16,2853s
Section 2853s. 165.017 (2) of the statutes is amended to read:
165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.
16,2853t
Section 2853t. 165.017 (3) of the statutes is repealed.
16,2853u
Section 2853u. 165.017 (5) of the statutes is repealed.
16,2854
Section 2854. 165.055 (3) of the statutes is repealed.
16,2854m
Section 2854m. 165.10 of the statutes is created to read:
165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.
16,2854r
Section 2854r. 165.25 (4) (a) of the statutes is amended to read:
165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of forestry, the department of tourism, and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.
16,2855
Section 2855. 165.25 (4) (ar) of the statutes is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51 and chs. 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
16,2856b
Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
16,2856d
Section 2856d. 165.25 (10) of the statutes is created to read:
165.25 (10) Report on restitution. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the persons to whom the department of justice paid restitution and the amount that the department of justice paid to each recipient during the reporting period; and the department of justice's methodology for selecting recipients and determining the amount paid to each recipient.
16,2857g
Section 2857g. 165.72 (title) of the statutes is amended to read:
165.72 (title) Controlled
Dangerous weapons in public schools and controlled substances hotline and rewards for controlled substances tips.
16,2857h
Section 2857h. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).
16,2857i
Section 2857i. 165.72 (1) (ad) of the statutes is created to read:
165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).
16,2857j
Section 2857j. 165.72 (2) (intro.) of the statutes is amended to read:
165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:
16,2857k
Section 2857k. 165.72 (2) (c) of the statutes is created to read:
165.72 (2) (c) For persons to provide information anonymously regarding dangerous weapons in public schools.
16,2857L
Section 2857L. 165.72 (2g) of the statutes is created to read:
165.72 (2g) After-hours message for calls concerning dangerous weapons in public schools. The department of justice shall provide for a person to answer telephone calls that are made after normal retail business hours to the telephone number under sub. (2). If a caller makes a telephone call after normal retail business hours regarding dangerous weapons in a public school, the person answering the telephone call shall request that the caller call the telephone number "911" or a local law enforcement agency.
16,2857m
Section 2857m. 165.72 (2m) of the statutes is created to read:
165.72 (2m) Transmission of information concerning dangerous weapons in public schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons in a public school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department of justice shall provide the information to all of the following:
(a) The administration of the public school.
