Amendment JR2 AA61-ASA1-AB1

LRBb2682/1

MDK:cs:kjx

January 2002 Special Session

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 61, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

March 14, 2002 - Offered by Representatives Morris-Tatum, Coggs, Young and Williams.

AB1-ASA1-AA61,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-AA61,1,2 1. Page 8, line 21: after that line insert:

AB1-ASA1-AA61,1,3 " Section 13c. 15.07 (1) (b) 23. of the statutes is created to read:

AB1-ASA1-AA61,1,4 15.07 (1) (b) 23. Cemetery board.

AB1-ASA1-AA61, s. 13g Section 13g. 15.07 (1) (cm) of the statutes is amended to read:

AB1-ASA1-AA61,2,7 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the cemetery authority business representative members of the cemetery board shall expire on May 1 in an even-numbered year.

AB1-ASA1-AA61, s. 13L Section 13L. 15.07 (1) (cs) of the statutes is amended to read:

AB1-ASA1-AA61,2,12 15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.

AB1-ASA1-AA61, s. 13p Section 13p. 15.07 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA61,2,18 15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing or his or her designee within the department.

AB1-ASA1-AA61, s. 13t Section 13t. 15.07 (3) (bm) 5. of the statutes is created to read:

AB1-ASA1-AA61,2,20 15.07 (3) (bm) 5. The cemetery board shall meet at least 4 times each year.

AB1-ASA1-AA61, s. 13x Section 13x. 15.07 (5) (z) of the statutes is created to read:

AB1-ASA1-AA61,2,22 15.07 (5) (z) Members of the cemetery board, $25 per day.".

AB1-ASA1-AA61,2,23 2. Page 10, line 8: after that line insert:

AB1-ASA1-AA61,2,24 " Section 14j. 15.405 (3m) of the statutes is created to read:

AB1-ASA1-AA61,3,1 15.405 (3m) Cemetery board. (a) In this subsection:

AB1-ASA1-AA61,3,2 1. "Business representative" has the meaning given in s. 452.01 (3k).

AB1-ASA1-AA61,3,3 2. "Licensed cemetery authority" has the meaning given in s. 157.061 (8r).

AB1-ASA1-AA61,3,4 3. "Religious cemetery authority" has the meaning given s. 157.061 (15m).

AB1-ASA1-AA61,3,7 (b) There is created a cemetery board, attached to the department of regulation and licensing under s. 15.03, consisting of the following members appointed for 4-year terms:

AB1-ASA1-AA61,3,9 1. Four members, each of whom is a business representative of a licensed cemetery authority.

AB1-ASA1-AA61,3,11 2. A representative of the department of justice designated by the attorney general.

AB1-ASA1-AA61,3,12 3. Two public members.

AB1-ASA1-AA61,3,19 (c) Of the members appointed under par. (b) 1., one member shall be a business representative of a licensed cemetery authority organized or conducted for pecuniary profit, one member shall be a business representative of a licensed cemetery authority not organized or conducted for pecuniary profit, one member shall be a business representative of a licensed cemetery authority that is a city, village, town, or county, and no member may be a business representative of a religious cemetery authority.

AB1-ASA1-AA61,3,20 (d) No member of the cemetery board may serve more than 2 terms.".

AB1-ASA1-AA61,3,21 3. Page 13, line 13: after that line insert:

AB1-ASA1-AA61,3,22 " Section 30g. 20.165 (1) (q) of the statutes is created to read:

AB1-ASA1-AA61,4,3 20.165 (1) (q) Cemetery and mausoleum trustee disbursements. From the cemetery management insurance fund, a sum sufficient to make disbursements to trustees under the rules promulgated under s. 157.117 (4) (a).".

AB1-ASA1-AA61,4,4 4. Page 28, line 8: after that line insert:

AB1-ASA1-AA61,4,5 " Section 80d. 25.17 (1) (at) of the statutes is created to read:

AB1-ASA1-AA61,4,6 25.17 (1) (at) Cemetery management insurance fund (s. 25.86);".

AB1-ASA1-AA61,4,7 5. Page 29, line 3: after that line insert:

AB1-ASA1-AA61,4,8 " Section 83m. 25.86 of the statutes is created to read:

AB1-ASA1-AA61,4,11 25.86 Cemetery management insurance fund. There is established a separate nonlapsible trust fund designated as the cemetery management insurance fund, to consist of each of the following:

AB1-ASA1-AA61,4,12 (1) The moneys received from death certificate filing fees under s. 69.22 (1) (e).

AB1-ASA1-AA61,4,14 (2) The moneys received from the issuance of copies of death certificates under s. 69.22 (1) (f).".

AB1-ASA1-AA61,4,15 6. Page 48, line 10: after that line insert:

AB1-ASA1-AA61,4,16 " Section 150g. 60.61 (2) (j) of the statutes is created to read:

AB1-ASA1-AA61,4,17 60.61 (2) (j) Authorize burials under s. 157.066.

AB1-ASA1-AA61, s. 150r Section 150r. 62.23 (7) (c) of the statutes is amended to read:

AB1-ASA1-AA61,5,7 62.23 (7) (c) Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to authorize burials if an ordinance is enacted under s. 157.066; and to preserve burial sites, as defined in s. 157.70 (1) (b). Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city.".

AB1-ASA1-AA61,5,8 7. Page 53, line 16: after that line insert:

AB1-ASA1-AA61,5,9 " Section 155c. 69.18 (1) (bm) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,5,19 69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification under sub. (2). Within 2 days after receipt of the medical certification under sub. (2), the person filing the certificate of death shall mail or present the certificate of death, together with the fee required under s. 69.22 (1) (e), in:

AB1-ASA1-AA61, s. 155g Section 155g. 69.18 (1) (bm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA61,6,7 69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the certificate of death shall mail or present the certificate of death, together with the fee required under s. 69.22 (1) (e), in:

AB1-ASA1-AA61, s. 155n Section 155n. 69.22 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA61,6,12 69.22 (1) (a) Except as provided under par. pars. (c) and (f), $7 for issuing one certified copy of a vital record and $3 for any additional certified copy of the same vital record issued at the same time.

AB1-ASA1-AA61, s. 155r Section 155r. 69.22 (1) (e) and (f) of the statutes are created to read:

AB1-ASA1-AA61,6,16 69.22 (1) (e) Ten dollars for receiving a death certificate filed by a person required to file a certificate of death under s. 69.18 (1) (b), which shall be forwarded to the state treasurer under sub. (1r).

AB1-ASA1-AA61,6,18 (f) Eight dollars for issuing a copy of a death certificate, $1 of which shall be forwarded to the state treasurer under sub. (1r).

AB1-ASA1-AA61, s. 155w Section 155w. 69.22 (1r) of the statutes is created to read:

AB1-ASA1-AA61,6,24 69.22 (1r) By the 15th day of the first month following the end of a calendar quarter, the state registrar and any person acting under this subchapter shall forward to the state treasurer the amounts specified in sub. (1) (e) and (f) that are received during the calendar quarter. The state treasurer shall credit all amounts received under this subsection to the cemetery management insurance fund.".

AB1-ASA1-AA61,7,1 8. Page 173, line 16: after that line insert:

AB1-ASA1-AA61,7,3 " Section 338bc. 157.061 (1) of the statutes is renumbered 157.061 (1c) and amended to read:

AB1-ASA1-AA61,7,5 157.061 (1c) "Burial" means entombment, inurnment or, interment, or placement in a mausoleum, vault, crypt, or columbarium.

AB1-ASA1-AA61, s. 338bg Section 338bg. 157.061 (1b) of the statutes is created to read:

AB1-ASA1-AA61,7,7 157.061 (1b) "Board" means the cemetery board.

AB1-ASA1-AA61, s. 338bL Section 338bL. 157.061 (1d) of the statutes is created to read:

AB1-ASA1-AA61,7,12 157.061 (1d) "Burial space" means a space that is used or intended to be used for the burial of human remains and, when used in reference to the sale, purchase, or ownership of a burial space, includes the right to bury human remains in the burial space.

AB1-ASA1-AA61, s. 338bp Section 338bp. 157.061 (1j) of the statutes is created to read:

AB1-ASA1-AA61,7,14 157.061 (1j) "Business representative" has the meaning given in s. 452.01 (3k).

AB1-ASA1-AA61, s. 338bt Section 338bt. 157.061 (1p) of the statutes is created to read:

AB1-ASA1-AA61,7,17 157.061 (1p) "Cemetery" means a place that is dedicated to and used or intended to be used for the final disposition of human remains.

AB1-ASA1-AA61, s. 338bbx Section 338bbx. 157.061 (2m) of the statutes is amended to read:

AB1-ASA1-AA61,7,21 157.061 (2m) "Cemetery lot" means a grave or 2 or more contiguous graves and, when used in reference to the sale, purchase or ownership of a cemetery lot, includes the right to bury human remains in that cemetery lot.

AB1-ASA1-AA61, s. 338cc Section 338cc. 157.061 (3) of the statutes is amended to read:

AB1-ASA1-AA61,8,4 157.061 (3) "Cemetery merchandise" means goods associated with the burial of human remains, including monuments, markers, nameplates, vases, and urns, and any services that are associated with supplying or delivering those goods or with the burial of human remains and that may be lawfully provided by a cemetery authority, including opening and closing of a burial space. The term does not include caskets or outer burial containers.