Amendment JR2 AA61-ASA1-AB1

AB1-ASA1-AA61,19,5 157.11 (title) Improvement and care of cemetery lots burial spaces and grounds.

AB1-ASA1-AA61, s. 338ic Section 338ic. 157.11 (1m) of the statutes is created to read:

AB1-ASA1-AA61,19,9 157.11 (1m) Duty to maintain. A cemetery authority shall maintain a cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences, buildings, and other structures, in a reasonable manner at all times.

AB1-ASA1-AA61, s. 338ig Section 338ig. 157.11 (2) of the statutes is amended to read:

AB1-ASA1-AA61,19,24 157.11 (2) Regulations. The cemetery authority may make regulations for management and care of the cemetery. No person may plant, in the cemetery, trees or shrubs, nor erect wooden fences or structures or offensive or dangerous structures or monuments, nor maintain them if planted or erected in violation of the regulations. The cemetery authority may require any person owning or controlling a cemetery lot burial space to do anything necessary to comply with the regulations by giving reasonable personal notice in writing if the person is a resident of the state, otherwise by publishing a class 3 notice, under ch. 985, in the county. If the person fails to comply within 20 days thereafter, the cemetery authority may cause it to be done and recover from the person the expense. The cemetery authority may also impose a forfeiture not exceeding $10 for violation of the regulations posted in 3 conspicuous places in the cemetery, recoverable under ch. 778. Each employee and agent of the cemetery authority shall have constable powers in enforcing the regulations.

AB1-ASA1-AA61, s. 338iL Section 338iL. 157.11 (3) of the statutes is amended to read:

AB1-ASA1-AA61,20,7 157.11 (3) Contracts. The cemetery authority may contract with persons who own or are interested in a cemetery lot burial space for its care. The contract shall be in writing, may provide that the cemetery lot burial space shall be forever exempt from taxes, assessments, or charges for its care and the care and preservation of the grounds, shall express the duty of the cemetery authority, shall be recorded in a book kept for that purpose, and shall be effective when the consideration is paid or secured.

AB1-ASA1-AA61, s. 338ip Section 338ip. 157.11 (4) of the statutes is amended to read:

AB1-ASA1-AA61,20,16 157.11 (4) Associations of relatives. Persons owning a cemetery lot burial space or having relatives buried in a cemetery may incorporate an association to hold and occupy a previously constituted cemetery, and to preserve and care for the same. Section 157.062 shall apply to the association. Nothing in this subsection shall give rights of burial. A municipality may lease a municipal cemetery to a cemetery association for preservation and may contract to permit the association to use cemetery funds therefor. Such leases and contracts may be revoked at will by the municipal board.

AB1-ASA1-AA61, s. 338it Section 338it. 157.11 (5) of the statutes is amended to read:

AB1-ASA1-AA61,20,20 157.11 (5) Sum required. The cemetery authority shall annually fix the sum necessary for the care of cemetery lots burial spaces and care and improvement of the cemetery, or to produce a sufficient income for those purposes.

AB1-ASA1-AA61, s. 338ix Section 338ix. 157.11 (7) (a) of the statutes is amended to read:

AB1-ASA1-AA61,21,4 157.11 (7) (a) The cemetery authority may annually assess upon the cemetery lots burial spaces amounts not to exceed the amounts reasonably required for actual and necessary costs for cleaning and care of cemetery lots burial spaces and care and improvement of the cemetery. Notice of the assessment, along with a copy of this section, shall be mailed to each owner or person having charge of a cemetery lot burial space, at the owner's or person's last-known post-office address, directing payment to the cemetery authority within 30 days and specifying that such assessments are a personal liability of the owner or person.

AB1-ASA1-AA61, s. 338jc Section 338jc. 157.11 (7) (b) of the statutes is amended to read:

AB1-ASA1-AA61,21,9 157.11 (7) (b) The cemetery authority may fix and determine the sum reasonably necessary for the care of the grave or cemetery lot burial space in reasonable and uniform amounts, which amounts shall be subject to the approval of the court, and may collect those amounts as part of the funeral expenses.

AB1-ASA1-AA61, s. 338jg Section 338jg. 157.11 (7) (c) of the statutes is amended to read:

AB1-ASA1-AA61,21,13 157.11 (7) (c) Before ordering distribution of the estate of a deceased person, the court shall order paid any assessment under this section, or the sum so fixed for the care of the cemetery lot or grave burial space of the deceased.

AB1-ASA1-AA61, s. 338jL Section 338jL. 157.11 (7) (d) of the statutes is amended to read:

AB1-ASA1-AA61,21,24 157.11 (7) (d) When uniform care of a cemetery lot burial space has been given for 2 consecutive years or more, for which assessments are unpaid, after notice as provided in sub. (2), right to burial is forfeited until delinquent assessments are paid. When uniform care has been given for 5 consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery lot burial space shall pass to the cemetery authority and may be sold, the payment of principal to be deposited into the care fund. Before depositing the payment of principal into the care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.

AB1-ASA1-AA61, s. 338jp Section 338jp. 157.11 (8) of the statutes is repealed.

AB1-ASA1-AA61, s. 338jt Section 338jt. 157.11 (9) (title) of the statutes is repealed and recreated to read:

AB1-ASA1-AA61,22,3 157.11 (9) (title) Gifts.

AB1-ASA1-AA61, s. 338jx Section 338jx. 157.11 (9) (a) of the statutes is renumbered 157.11 (9) (b) and amended to read:

AB1-ASA1-AA61,22,11 157.11 (9) (b) Before a cemetery authority receives a gift, the surety bonds of the cemetery authority shall be increased to cover such amount if it does not then do so. If the bonds are not filed, or the If a cemetery authority fails to do anything required by this subsection, the judge may appoint a trustee, and all property and money so given in the manner described under par. (am) and evidences of title and securities shall be delivered to the trustee.

AB1-ASA1-AA61, s. 338kc Section 338kc. 157.11 (9) (am) of the statutes is created to read:

AB1-ASA1-AA61,22,19 157.11 (9) (am) If a cemetery authority receives a gift for the improvement, maintenance, repair, preservation, or ornamentation of any burial space or structure in the cemetery, it shall either expend the income and proceeds of the gift or deposit the proceeds into a trust account at a financial institution, as defined in s. 705.01 (3), according to the terms of the gift and regulations of the cemetery authority. A cemetery authority that receives a gift shall maintain a gift ledger that accounts for all receipts and disbursements of gifts.

AB1-ASA1-AA61, s. 338kg Section 338kg. 157.11 (9g) (title) of the statutes is amended to read:

AB1-ASA1-AA61,22,21 157.11 (9g) (title) Care fund for cemetery lots burial spaces.

AB1-ASA1-AA61, s. 338kL Section 338kL. 157.11 (9g) (a) 1. (intro.) of the statutes, as affected by 2001 Wisconsin Act 30, is amended to read:

AB1-ASA1-AA61,23,3 157.11 (9g) (a) 1. (intro.) Except as provided in ss. 66.0603 (1m) (c) and 157.19 (5) (b), funds that are received by a cemetery authority for the care of a cemetery lot burial space shall be invested in one or more of the following manners:

AB1-ASA1-AA61, s. 338kp Section 338kp. 157.11 (9g) (a) 1. c. of the statutes is amended to read:

AB1-ASA1-AA61,23,11 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise deposited by the cemetery authority in an investment approved by the department if the care funds are segregated and invested separately from all other moneys held by the cemetery authority and if the cemetery authority submits to the department a written statement by an investment advisor licensed under ch. 551, or a broker, as defined in s. 408.102 (1) (c), that the investment is made in accordance with the standards specified in s. 881.01.

AB1-ASA1-AA61, s. 338kt Section 338kt. 157.11 (9g) (a) 2. of the statutes is amended to read:

AB1-ASA1-AA61,24,11 157.11 (9g) (a) 2. The manner in which the care funds are invested may not permit the cemetery authority to withdraw the care fund's principal amount, but may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. The income from the investment of a care fund for the care of cemetery lots burial spaces may be used only to maintain the cemetery lots burial spaces and grounds, except that if the amount of income exceeds the amount necessary to maintain the cemetery lots burial spaces or grounds properly, the excess amount may be used to maintain any other portion of the cemetery, including mausoleums. If the care funds are deposited with a city or county, or previously deposited with a village, there shall be paid to the cemetery authority annually interest on funds so deposited of not less than 2% per year. The governing body of any city or county, or any village or town in the case of previous deposits, may determine to return all or a part of any funds deposited by a cemetery authority, and that cemetery authority shall accept the returned funds within 30 days after receiving written notice of that action. If the cemetery authority is dissolved or becomes inoperative, the county or city shall use the interest on the funds for the care and upkeep of the cemetery. Deposit shall be made and the income paid over from time to time, not less frequently than once each year, and receipts in triplicate shall be given, one filed with the county clerk, one with the cemetery authority and one given to the person making the deposit. Deposits shall be in the amount of $5 or a multiple thereof. Records and receipts shall specify the cemetery lot burial space for the care of which the deposit is made. Reports of money received for care and of money and property received as gifts shall be made annually as provided in s. 157.62 (2).

AB1-ASA1-AA61, s. 338kx Section 338kx. 157.11 (9g) (c) of the statutes is amended to read:

AB1-ASA1-AA61,24,19 157.11 (9g) (c) Except as provided in sub. (11), any Any cemetery authority that sells a cemetery lot, lawn crypt, or columbarium space on or after November 1, 1991 the effective date of this paragraph .... [revisor inserts date], shall deposit 15% of each payment of principal into a care fund under par. (a) within 30 days after the last day of the month in which the payment is received, except as provided in sub. (7) (d) and s. 157.115 (2) (f). The total amount deposited must equal 15% of the total amount of all payments of principal that have been received, but not less than $25.

AB1-ASA1-AA61, s. 338Lc Section 338Lc. 157.11 (10) of the statutes is amended to read:

AB1-ASA1-AA61,24,23 157.11 (10) Exemption for religious societies cemetery authorities. Subsections (1) to (9), (9g) (a) and (b), (9m) and (9r) do not apply, but sub. (9g) (c) does apply, to a religious society organized under ch. 187 cemetery authority.

AB1-ASA1-AA61, s. 338Lg Section 338Lg. 157.11 (11) of the statutes is repealed.

AB1-ASA1-AA61, s. 338LL Section 338LL. 157.115 (title) of the statutes is amended to read:

AB1-ASA1-AA61,25,2 157.115 (title) Abandonment of cemeteries and cemetery lots burial spaces.

AB1-ASA1-AA61, s. 338Lp Section 338Lp. 157.115 (1) (b) 1. of the statutes is renumbered 157.115 (1) (b) and amended to read:

AB1-ASA1-AA61,25,17 157.115 (1) (b) When a If a municipality in which a cemetery is located determines that the cemetery authority fails has failed to care for the cemetery for a period of one or more years 6 months or more, the municipality in which the cemetery is located shall notify the cemetery authority that it has 90 days to correct the failure. Upon a showing of good cause, the municipality may grant the cemetery authority one 90-day extension to correct the failure. If the municipality finds that the cemetery authority has failed to correct the failure within the deadline specified in the notice or extension, the municipality may, after a public hearing, take control of the cemetery, manage and care for the cemetery and , collect and manage all trust funds connected with the cemetery other than trust funds received by a will, or take any other action necessary to provide for the care of the cemetery. The municipality may collect from the cemetery authority any costs incurred by the municipality in exercising its authority under this paragraph.

AB1-ASA1-AA61, s. 338Lt Section 338Lt. 157.115 (1) (b) 2. of the statutes is repealed.

AB1-ASA1-AA61, s. 338Lx Section 338Lx. 157.115 (1) (c) of the statutes is repealed.

AB1-ASA1-AA61, s. 338mc Section 338mc. 157.115 (1) (d) of the statutes is created to read:

AB1-ASA1-AA61,25,24 157.115 (1) (d) Upon application by the department, a court may enjoin a person from acquiring ownership or control of a cemetery if the person has abandoned another cemetery, or has owned or operated another cemetery that is subsequently controlled by a municipality under par. (b).

AB1-ASA1-AA61, s. 338mg Section 338mg. 157.115 (2) (title) of the statutes is amended to read:

AB1-ASA1-AA61,26,1 157.115 (2) (title) Abandonment of cemetery lots burial spaces.

AB1-ASA1-AA61, s. 338mL Section 338mL. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,26,9 157.115 (2) (a) 1. (intro.) "Abandoned lot space" means one or more graves of a cemetery lot burial spaces that is are not owned by the cemetery authority of the cemetery in which the cemetery lot is burial spaces are located if those graves burial spaces have not been used for the burial of human remains and if, according to the records of the cemetery authority, all of the following apply during the 50-year period immediately preceding the date on which the notice requirement under par. (c) is satisfied:

AB1-ASA1-AA61, s. 338mp Section 338mp. 157.115 (2) (a) 1. a. of the statutes is amended to read:

AB1-ASA1-AA61,26,12 157.115 (2) (a) 1. a. No owner has transferred any ownership interest in the cemetery lot burial space to any other person.

AB1-ASA1-AA61, s. 338mt Section 338mt. 157.115 (2) (a) 1. b. of the statutes is amended to read:

AB1-ASA1-AA61,26,15 157.115 (2) (a) 1. b. No owner has purchased or sold another cemetery lot or a mausoleum burial space in the cemetery.

AB1-ASA1-AA61, s. 338mx Section 338mx. 157.115 (2) (a) 1. c. of the statutes is amended to read:

AB1-ASA1-AA61,26,19 157.115 (2) (a) 1. c. No other grave in that cemetery lot burial space or adjoining cemetery lot or adjoining mausoleum burial space that is owned or partially owned by an owner has been used for the burial of human remains.

AB1-ASA1-AA61, s. 338nc Section 338nc. 157.115 (2) (a) 1. d. of the statutes is amended to read:

AB1-ASA1-AA61,26,22 157.115 (2) (a) 1. d. No grave marker, monument, or other memorial has been installed on the cemetery lot burial space.

AB1-ASA1-AA61, s. 338ng Section 338ng. 157.115 (2) (a) 1. e. of the statutes is amended to read:

AB1-ASA1-AA61,27,3 157.115 (2) (a) 1. e. No grave marker, monument , or other memorial has been installed on any other cemetery lot burial space, in the same cemetery, that is owned or partially owned by an owner.

AB1-ASA1-AA61, s. 338nL Section 338nL. 157.115 (2) (a) 1. g. of the statutes is amended to read:

AB1-ASA1-AA61,27,8 157.115 (2) (a) 1. g. The cemetery authority has not been contacted by an owner or assignee or received any other notice or evidence to suggest that an owner or assignee intends to use the cemetery lot burial space for a future burial of human remains.

AB1-ASA1-AA61, s. 338np Section 338np. 157.115 (2) (a) 2. of the statutes is amended to read:

AB1-ASA1-AA61,27,13 157.115 (2) (a) 2. "Assignee" means a person who has been assigned in the deceased owner's will or in any other legally binding written agreement, or who is entitled to receive under ch. 852, an ownership interest in the abandoned cemetery lot space.

AB1-ASA1-AA61, s. 338nt Section 338nt. 157.115 (2) (a) 3. of the statutes is amended to read:

AB1-ASA1-AA61,27,17 157.115 (2) (a) 3. "Owner" means a person who, according to the records of the cemetery authority of the cemetery in which an abandoned cemetery lot space is located, owns or partially owns the abandoned cemetery lot space.

AB1-ASA1-AA61, s. 338nx Section 338nx. 157.115 (2) (b) of the statutes is amended to read:

AB1-ASA1-AA61,27,21 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot space unless the cemetery authority complies with the requirements in this subsection or the abandoned space is sold by a trustee under s. 157.117.

AB1-ASA1-AA61, s. 338oc Section 338oc. 157.115 (2) (c) of the statutes is amended to read:

AB1-ASA1-AA61,28,4 157.115 (2) (c) The cemetery authority shall mail to each owner, at each owner's last-known address, a notice of the cemetery authority's intent to resell the abandoned cemetery lot space as provided in this subsection. If an owner is buried in the cemetery in which the abandoned cemetery lot space is located or if the cemetery authority has any other evidence that reasonably supports a determination by the cemetery authority that the owner is deceased, no notice is required under this paragraph.

AB1-ASA1-AA61, s. 338og Section 338og. 157.115 (2) (d) (intro.) of the statutes is amended to read:

AB1-ASA1-AA61,28,11 157.115 (2) (d) (intro.) If no notice is required under par. (c) or if, within 60 days after notice is mailed under par. (c), no owner or assignee contacts the cemetery authority to express an intent to use the abandoned cemetery lot space for a future burial of human remains, the cemetery authority shall publish in a newspaper of general circulation in the county in which the abandoned lot space is located, a class 3 notice under ch. 985 that includes all of the following:

AB1-ASA1-AA61, s. 338oL Section 338oL. 157.115 (2) (d) 1. of the statutes is amended to read:

AB1-ASA1-AA61,28,13 157.115 (2) (d) 1. The location of the abandoned lot space.

AB1-ASA1-AA61, s. 338op Section 338op. 157.115 (2) (d) 3. of the statutes is amended to read:

AB1-ASA1-AA61,28,17 157.115 (2) (d) 3. A statement that, unless an owner or assignee contacts the cemetery authority within the period specified in par. (e), the cemetery authority intends to resell the abandoned lot space as provided in this subsection.

AB1-ASA1-AA61, s. 338ot Section 338ot. 157.115 (2) (e) of the statutes is amended to read:

AB1-ASA1-AA61,28,25 157.115 (2) (e) If within 60 days after notice is published under par. (c) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority shall bring an action in the circuit court of the county in which the abandoned lot space is located for a judgment that the cemetery lot burial space is an abandoned lot space and an order transferring ownership of the abandoned lot space to the cemetery authority.

AB1-ASA1-AA61, s. 338ox Section 338ox. 157.115 (2) (f) of the statutes is amended to read:

AB1-ASA1-AA61,29,10 157.115 (2) (f) If within one year after the circuit court enters a judgment and order under par. (e) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority may resell the abandoned lot space, except as provided in par. (g). The payment of principal shall be deposited into the care fund. Before depositing the payment of principal into the care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.

AB1-ASA1-AA61, s. 338pc Section 338pc. 157.115 (2) (g) of the statutes is amended to read:

AB1-ASA1-AA61,29,17 157.115 (2) (g) If at any time before an abandoned lot space is resold under par. (f) an owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the authority may not resell the abandoned lot space, and ownership of the abandoned lot space shall be transferred to the owner or assignee. The cemetery authority shall pay all costs of transferring ownership under this paragraph.

AB1-ASA1-AA61, s. 338pg Section 338pg. 157.115 (2) (h) of the statutes is amended to read:

AB1-ASA1-AA61,29,22 157.115 (2) (h) Nothing in this subsection prohibits a cemetery authority from seeking the authority to resell more than one abandoned lot space by publishing a single class 3 notice under par. (d) or bringing a single action under par. (e) that applies to all of the abandoned lots spaces for which such authority is sought.

AB1-ASA1-AA61, s. 338pL Section 338pL. 157.117 of the statutes is created to read:

AB1-ASA1-AA61,29,25 157.117 Trustees for certain cemeteries and mausoleums. (1) Definitions. In this section:

AB1-ASA1-AA61,30,7 (a) "Cemetery" does not include a cemetery the ownership, control, or management of which has been assumed by a municipality. For purposes of this paragraph, a municipality is considered to have assumed the ownership, control, or management of a cemetery only if the municipality has adopted a resolution or enacted an ordinance that has the effect of assuming ownership, control, or management of the cemetery. "Cemetery" also does not include a cemetery owned and operated by a religious cemetery authority.

AB1-ASA1-AA61,30,8 (b) "Local governmental unit" means a municipality or county.