AB1-ASA1-AA61,23,115 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise
6deposited by the cemetery authority in an investment approved by the department
7if the care funds are segregated and invested separately from all other moneys held
8by the cemetery authority and if the cemetery authority submits to the department
9a written statement by an investment advisor licensed under ch. 551, or a broker, as
10defined in s. 408.102 (1) (c), that the investment is made in accordance with the
11standards specified in s. 881.01
.
AB1-ASA1-AA61, s. 338kt 12Section 338kt. 157.11 (9g) (a) 2. of the statutes is amended to read:
AB1-ASA1-AA61,24,1113 157.11 (9g) (a) 2. The manner in which the care funds are invested may not
14permit the cemetery authority to withdraw the care fund's principal amount, but
15may permit the withdrawal of interest, dividends, or capital gains earned during the
16most recently completed calendar year
. The income from the investment of a care
17fund for the care of cemetery lots burial spaces may be used only to maintain the
18cemetery lots burial spaces and grounds, except that if the amount of income exceeds
19the amount necessary to maintain the cemetery lots burial spaces or grounds
20properly, the excess amount may be used to maintain any other portion of the
21cemetery, including mausoleums. If the care funds are deposited with a city or
22county, or previously deposited with a village, there shall be paid to the cemetery
23authority annually interest on funds so deposited of not less than 2% per year. The
24governing body of any city or county, or any village or town in the case of previous
25deposits, may determine to return all or a part of any funds deposited by a cemetery

1authority, and that cemetery authority shall accept the returned funds within 30
2days after receiving written notice of that action. If the cemetery authority is
3dissolved or becomes inoperative, the county or city shall use the interest on the
4funds for the care and upkeep of the cemetery. Deposit shall be made and the income
5paid over from time to time, not less frequently than once each year, and receipts in
6triplicate shall be given, one filed with the county clerk, one with the cemetery
7authority and one given to the person making the deposit. Deposits shall be in the
8amount of $5 or a multiple thereof. Records and receipts shall specify the cemetery
9lot
burial space for the care of which the deposit is made. Reports of money received
10for care and of money and property received as gifts shall be made annually as
11provided in s. 157.62 (2).
AB1-ASA1-AA61, s. 338kx 12Section 338kx. 157.11 (9g) (c) of the statutes is amended to read:
AB1-ASA1-AA61,24,1913 157.11 (9g) (c) Except as provided in sub. (11), any Any cemetery authority that
14sells a cemetery lot, lawn crypt, or columbarium space on or after November 1, 1991
15the effective date of this paragraph .... [revisor inserts date], shall deposit 15% of each
16payment of principal into a care fund under par. (a) within 30 days after the last day
17of the month in which the payment is received, except as provided in sub. (7) (d) and
18s. 157.115 (2) (f). The total amount deposited must equal 15% of the total amount of
19all payments of principal that have been received, but not less than $25.
AB1-ASA1-AA61, s. 338Lc 20Section 338Lc. 157.11 (10) of the statutes is amended to read:
AB1-ASA1-AA61,24,2321 157.11 (10) Exemption for religious societies cemetery authorities.
22Subsections (1) to (9), (9g) (a) and (b), (9m) and (9r) do not apply, but sub. (9g) (c) does
23apply, to a religious society organized under ch. 187 cemetery authority.
AB1-ASA1-AA61, s. 338Lg 24Section 338Lg. 157.11 (11) of the statutes is repealed.
AB1-ASA1-AA61, s. 338LL 25Section 338LL. 157.115 (title) of the statutes is amended to read:
AB1-ASA1-AA61,25,2
1157.115 (title) Abandonment of cemeteries and cemetery lots burial
2spaces
.
AB1-ASA1-AA61, s. 338Lp 3Section 338Lp. 157.115 (1) (b) 1. of the statutes is renumbered 157.115 (1) (b)
4and amended to read:
AB1-ASA1-AA61,25,175 157.115 (1) (b) When a If a municipality in which a cemetery is located
6determines that the
cemetery authority fails has failed to care for the cemetery for
7a period of one or more years 6 months or more, the municipality in which the
8cemetery is located
shall notify the cemetery authority that it has 90 days to correct
9the failure. Upon a showing of good cause, the municipality may grant the cemetery
10authority one 90-day extension to correct the failure. If the municipality finds that
11the cemetery authority has failed to correct the failure within the deadline specified
12in the notice or extension, the municipality
may, after a public hearing, take control
13of the cemetery, manage and care for the cemetery and , collect and manage all trust
14funds connected with the cemetery other than trust funds received by a will, or take
15any other action necessary to provide for the care of the cemetery. The municipality
16may collect from the cemetery authority any costs incurred by the municipality in
17exercising its authority under this paragraph
.
AB1-ASA1-AA61, s. 338Lt 18Section 338Lt. 157.115 (1) (b) 2. of the statutes is repealed.
AB1-ASA1-AA61, s. 338Lx 19Section 338Lx. 157.115 (1) (c) of the statutes is repealed.
AB1-ASA1-AA61, s. 338mc 20Section 338mc. 157.115 (1) (d) of the statutes is created to read:
AB1-ASA1-AA61,25,2421 157.115 (1) (d) Upon application by the department, a court may enjoin a
22person from acquiring ownership or control of a cemetery if the person has
23abandoned another cemetery, or has owned or operated another cemetery that is
24subsequently controlled by a municipality under par. (b).
AB1-ASA1-AA61, s. 338mg 25Section 338mg. 157.115 (2) (title) of the statutes is amended to read:
AB1-ASA1-AA61,26,1
1157.115 (2) (title) Abandonment of cemetery lots burial spaces.
AB1-ASA1-AA61, s. 338mL 2Section 338mL. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:
AB1-ASA1-AA61,26,93 157.115 (2) (a) 1. (intro.) "Abandoned lot space" means one or more graves of
4a cemetery lot
burial spaces that is are not owned by the cemetery authority of the
5cemetery in which the cemetery lot is burial spaces are located if those graves burial
6spaces
have not been used for the burial of human remains and if, according to the
7records of the cemetery authority, all of the following apply during the 50-year period
8immediately preceding the date on which the notice requirement under par. (c) is
9satisfied:
AB1-ASA1-AA61, s. 338mp 10Section 338mp. 157.115 (2) (a) 1. a. of the statutes is amended to read:
AB1-ASA1-AA61,26,1211 157.115 (2) (a) 1. a. No owner has transferred any ownership interest in the
12cemetery lot burial space to any other person.
AB1-ASA1-AA61, s. 338mt 13Section 338mt. 157.115 (2) (a) 1. b. of the statutes is amended to read:
AB1-ASA1-AA61,26,1514 157.115 (2) (a) 1. b. No owner has purchased or sold another cemetery lot or a
15mausoleum
burial space in the cemetery.
AB1-ASA1-AA61, s. 338mx 16Section 338mx. 157.115 (2) (a) 1. c. of the statutes is amended to read:
AB1-ASA1-AA61,26,1917 157.115 (2) (a) 1. c. No other grave in that cemetery lot burial space or adjoining
18cemetery lot or
adjoining mausoleum burial space that is owned or partially owned
19by an owner has been used for the burial of human remains.
AB1-ASA1-AA61, s. 338nc 20Section 338nc. 157.115 (2) (a) 1. d. of the statutes is amended to read:
AB1-ASA1-AA61,26,2221 157.115 (2) (a) 1. d. No grave marker, monument, or other memorial has been
22installed on the cemetery lot burial space.
AB1-ASA1-AA61, s. 338ng 23Section 338ng. 157.115 (2) (a) 1. e. of the statutes is amended to read:
AB1-ASA1-AA61,27,3
1157.115 (2) (a) 1. e. No grave marker, monument , or other memorial has been
2installed on any other cemetery lot burial space, in the same cemetery, that is owned
3or partially owned by an owner.
AB1-ASA1-AA61, s. 338nL 4Section 338nL. 157.115 (2) (a) 1. g. of the statutes is amended to read:
AB1-ASA1-AA61,27,85 157.115 (2) (a) 1. g. The cemetery authority has not been contacted by an owner
6or assignee or received any other notice or evidence to suggest that an owner or
7assignee intends to use the cemetery lot burial space for a future burial of human
8remains.
AB1-ASA1-AA61, s. 338np 9Section 338np. 157.115 (2) (a) 2. of the statutes is amended to read:
AB1-ASA1-AA61,27,1310 157.115 (2) (a) 2. "Assignee" means a person who has been assigned in the
11deceased owner's will or in any other legally binding written agreement, or who is
12entitled to receive under ch. 852, an ownership interest in the abandoned cemetery
13lot
space.
AB1-ASA1-AA61, s. 338nt 14Section 338nt. 157.115 (2) (a) 3. of the statutes is amended to read:
AB1-ASA1-AA61,27,1715 157.115 (2) (a) 3. "Owner" means a person who, according to the records of the
16cemetery authority of the cemetery in which an abandoned cemetery lot space is
17located, owns or partially owns the abandoned cemetery lot space.
AB1-ASA1-AA61, s. 338nx 18Section 338nx. 157.115 (2) (b) of the statutes is amended to read:
AB1-ASA1-AA61,27,2119 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot
20space unless the cemetery authority complies with the requirements in this
21subsection or the abandoned space is sold by a trustee under s. 157.117.
AB1-ASA1-AA61, s. 338oc 22Section 338oc. 157.115 (2) (c) of the statutes is amended to read:
AB1-ASA1-AA61,28,423 157.115 (2) (c) The cemetery authority shall mail to each owner, at each owner's
24last-known address, a notice of the cemetery authority's intent to resell the
25abandoned cemetery lot space as provided in this subsection. If an owner is buried

1in the cemetery in which the abandoned cemetery lot space is located or if the
2cemetery authority has any other evidence that reasonably supports a
3determination by the cemetery authority that the owner is deceased, no notice is
4required under this paragraph.
AB1-ASA1-AA61, s. 338og 5Section 338og. 157.115 (2) (d) (intro.) of the statutes is amended to read:
AB1-ASA1-AA61,28,116 157.115 (2) (d) (intro.) If no notice is required under par. (c) or if, within 60 days
7after notice is mailed under par. (c), no owner or assignee contacts the cemetery
8authority to express an intent to use the abandoned cemetery lot space for a future
9burial of human remains, the cemetery authority shall publish in a newspaper of
10general circulation in the county in which the abandoned lot space is located, a class
113 notice under ch. 985 that includes all of the following:
AB1-ASA1-AA61, s. 338oL 12Section 338oL. 157.115 (2) (d) 1. of the statutes is amended to read:
AB1-ASA1-AA61,28,1313 157.115 (2) (d) 1. The location of the abandoned lot space.
AB1-ASA1-AA61, s. 338op 14Section 338op. 157.115 (2) (d) 3. of the statutes is amended to read:
AB1-ASA1-AA61,28,1715 157.115 (2) (d) 3. A statement that, unless an owner or assignee contacts the
16cemetery authority within the period specified in par. (e), the cemetery authority
17intends to resell the abandoned lot space as provided in this subsection.
AB1-ASA1-AA61, s. 338ot 18Section 338ot. 157.115 (2) (e) of the statutes is amended to read:
AB1-ASA1-AA61,28,2519 157.115 (2) (e) If within 60 days after notice is published under par. (c) no owner
20or assignee contacts the cemetery authority to express an intent to use the
21abandoned lot space for a future burial of human remains, the cemetery authority
22shall bring an action in the circuit court of the county in which the abandoned lot
23space is located for a judgment that the cemetery lot burial space is an abandoned
24lot space and an order transferring ownership of the abandoned lot space to the
25cemetery authority.
AB1-ASA1-AA61, s. 338ox
1Section 338ox. 157.115 (2) (f) of the statutes is amended to read:
AB1-ASA1-AA61,29,102 157.115 (2) (f) If within one year after the circuit court enters a judgment and
3order under par. (e) no owner or assignee contacts the cemetery authority to express
4an intent to use the abandoned lot space for a future burial of human remains, the
5cemetery authority may resell the abandoned lot space, except as provided in par. (g).
6The payment of principal shall be deposited into the care fund. Before depositing the
7payment of principal into the care fund, the cemetery authority may retain an
8amount necessary to cover the cemetery authority's administrative and other
9expenses related to the sale, but the amount retained may not exceed 50% of the
10proceeds.
AB1-ASA1-AA61, s. 338pc 11Section 338pc. 157.115 (2) (g) of the statutes is amended to read:
AB1-ASA1-AA61,29,1712 157.115 (2) (g) If at any time before an abandoned lot space is resold under par.
13(f) an owner or assignee contacts the cemetery authority to express an intent to use
14the abandoned lot space for a future burial of human remains, the authority may not
15resell the abandoned lot space, and ownership of the abandoned lot space shall be
16transferred to the owner or assignee. The cemetery authority shall pay all costs of
17transferring ownership under this paragraph.
AB1-ASA1-AA61, s. 338pg 18Section 338pg. 157.115 (2) (h) of the statutes is amended to read:
AB1-ASA1-AA61,29,2219 157.115 (2) (h) Nothing in this subsection prohibits a cemetery authority from
20seeking the authority to resell more than one abandoned lot space by publishing a
21single class 3 notice under par. (d) or bringing a single action under par. (e) that
22applies to all of the abandoned lots spaces for which such authority is sought.
AB1-ASA1-AA61, s. 338pL 23Section 338pL. 157.117 of the statutes is created to read:
AB1-ASA1-AA61,29,25 24157.117 Trustees for certain cemeteries and mausoleums. (1)
25Definitions.
In this section:
AB1-ASA1-AA61,30,7
1(a) "Cemetery" does not include a cemetery the ownership, control, or
2management of which has been assumed by a municipality. For purposes of this
3paragraph, a municipality is considered to have assumed the ownership, control, or
4management of a cemetery only if the municipality has adopted a resolution or
5enacted an ordinance that has the effect of assuming ownership, control, or
6management of the cemetery. "Cemetery" also does not include a cemetery owned
7and operated by a religious cemetery authority.
AB1-ASA1-AA61,30,88 (b) "Local governmental unit" means a municipality or county.
AB1-ASA1-AA61,30,109 (c) "Mausoleum" does not include a mausoleum owned and operated by a
10religious cemetery authority.
AB1-ASA1-AA61,30,1111 (d) "Municipality" means a city, village, or town.
AB1-ASA1-AA61,30,1212 (e) "Trustee" means a trustee appointed under sub. (2) (b).
AB1-ASA1-AA61,30,18 13(2) Appointment of trustee. (a) In response to a petition from the board or
14upon his or her own motion, the attorney general may petition the circuit court for
15the county in which a cemetery or mausoleum is located for the appointment of a
16trustee for the cemetery or mausoleum. If the attorney general petitions the court
17on his or her own motion, the attorney general shall serve a copy of the petition on
18the board and the municipality and county within which the cemetery is located.
AB1-ASA1-AA61,30,2519 (b) A court shall schedule a hearing on a petition filed under par. (a) within 90
20days after the petition is filed with the court. If the court finds after a hearing that
21a cemetery or mausoleum is neglected, abandoned, in disuse, improperly
22maintained, or financially unsound, the court shall appoint as a trustee for the
23cemetery or mausoleum a capable and competent person to serve as trustee of the
24cemetery or mausoleum under this section, except that the court may not appoint the
25department or board as a trustee.
AB1-ASA1-AA61,31,8
1(c) An owner of a cemetery or mausoleum may petition the court in a proceeding
2under par. (b) for an order surrendering title to the cemetery or mausoleum to a new
3owner, other than the state, if the owner believes itself to be incapable of continuing
4to operate the cemetery or mausoleum. The court may grant the petition if it finds
5that the cemetery or mausoleum is neglected, abandoned, in disuse, improperly
6maintained, or financially unsound. If the court grants the petition, it shall transfer
7title to the cemetery or mausoleum to the new owner and appoint a trustee under par.
8(b).
AB1-ASA1-AA61,31,119 (d) All disputes relating to the appointment of a trustee or the actions of a
10trustee appointed under this section shall be resolved by the court that appointed the
11trustee.
AB1-ASA1-AA61,31,12 12(3) Trustee powers and duties. (a) A trustee shall do each of the following:
AB1-ASA1-AA61,31,1413 1. Be responsible for the management, maintenance, and operation of each
14cemetery or mausoleum under trusteeship.
AB1-ASA1-AA61,31,1615 2. Comply with reporting requirements of s. 157.62 (2). A trustee shall provide
16the court with a copy of all reports filed under this subdivision.
AB1-ASA1-AA61,31,1817 3. Provide the court with any additional information, records, or reports that
18the court may direct.
AB1-ASA1-AA61,31,2019 (b) A trustee may petition the court that appointed the trustee for any of the
20following:
AB1-ASA1-AA61,31,2221 1. Termination of the trusteeship and reversion of ownership and operation of
22a cemetery or mausoleum to the previous owner.
AB1-ASA1-AA61,31,2423 2. Termination of the trusteeship and transfer of ownership and operation of
24a cemetery or mausoleum to a new owner other than the state.
AB1-ASA1-AA61,32,2
13. Removal and reinternment of human remains in accordance with the
2requirements of this subchapter.
AB1-ASA1-AA61,32,43 4. Termination of the trusteeship and closure of a cemetery or mausoleum after
4removal and reinternment of human remains under subd. 3.
AB1-ASA1-AA61,32,55 (c) A trustee may do any of the following:
AB1-ASA1-AA61,32,86 1. Seek a new owner or operator of a cemetery or mausoleum, other than the
7state, including actively marketing the cemetery or mausoleum and taking any other
8action necessary or useful to effect the sale of the cemetery or mausoleum.
AB1-ASA1-AA61,32,99 2. Assess burial spaces for cleaning, care, or improvement under s. 157.11 (7).
AB1-ASA1-AA61,32,1110 3. Expend funds disbursed from the cemetery management insurance fund for
11the purpose of exercising its powers or carrying out its duties under this section.
AB1-ASA1-AA61,32,1412 4. Employ professional, legal, and technical experts, and any such other
13managers, management personnel, agents, and employees as may be required, to
14exercise the trustee's powers or carry out the trustee's duties under this section.
AB1-ASA1-AA61,32,1615 5. Take any other action necessary or useful to the management or trusteeship
16of a cemetery or mausoleum.
AB1-ASA1-AA61,32,20 17(4) Department and board powers and duties. (a) From the appropriation
18under s. 20.165 (1) (q), the board shall make disbursements to trustees. The
19department shall promulgate rules establishing requirements and procedures for
20making the disbursements.
AB1-ASA1-AA61,32,2221 (b) The department may promulgate rules to carry out the purposes of this
22section.
AB1-ASA1-AA61,32,24 23(5) Termination of trusteeship. A court that appointed a trustee shall
24terminate the trusteeship if any of the following applies:
AB1-ASA1-AA61,33,4
1(a) The owner or operator of a cemetery or mausoleum demonstrates to the
2satisfaction of the court that the conditions that necessitated the trusteeship have
3been remedied and that it is competent and capable of managing the cemetery or
4mausoleum.
AB1-ASA1-AA61,33,85 (b) The court finds that a new operator is competent and capable of managing
6the cemetery or mausoleum. Upon making a finding under this paragraph, the court
7shall approve the transfer of the management of the cemetery or mausoleum to the
8new operator.
AB1-ASA1-AA61,33,119 (c) The court approves the sale or transfer of a cemetery or mausoleum to a new
10owner, other than the state, that the court finds is capable and competent to manage
11the cemetery or mausoleum on a financially sound basis.
AB1-ASA1-AA61,33,1312 (d) The court approves the closure of a cemetery or mausoleum after all human
13remains have been removed and reinterred.
AB1-ASA1-AA61, s. 338pp 14Section 338pp. 157.12 (2) (b) of the statutes is amended to read:
AB1-ASA1-AA61,34,2315 157.12 (2) (b) The department shall supervise construction of any public
16mausoleum and conversion of any building to a public mausoleum. Within 30 days
17after receiving written notice from the cemetery authority that the construction or
18conversion has been completed, the department shall inspect the public mausoleum
19and provide the cemetery authority with a written certification as to whether the
20construction or conversion complies with approved plans. If the department
21determines that, except for certain minor defects, the construction or conversion
22complies with the approved plans, the department may provide the cemetery
23authority with a written temporary certification of compliance that is contingent on
24the correction of those minor defects. A temporary certification is valid for a period
25designated by the department, not to exceed 6 months. No person may sell a

1mausoleum space, except an undeveloped space that is sold in accordance with s. ss.
2440.92 and 440.922, or bury human remains in a public mausoleum unless a care
3fund has been established for the mausoleum under sub. (3) and the department has
4provided the cemetery authority with a certification or a temporary certification
5under this paragraph. If a cemetery authority that has been provided with a
6temporary certification notifies the department in writing before the date on which
7the temporary certification expires that the defects in the construction or conversion
8of the public mausoleum have been corrected, the department shall, within 30 days
9after receiving the notice, reinspect the public mausoleum and provide the cemetery
10authority with a written certification as to whether the construction or conversion
11complies with the approved plans. If a cemetery authority that has been provided
12with a temporary certification does not receive a written certification from the
13department before the date on which the temporary certification expires that the
14construction or conversion complies with the approved plans, then, beginning on the
15date on which the certification expires, no person may sell a mausoleum space, except
16an undeveloped space that is sold in accordance with s. ss. 440.92 and 440.922, or
17bury human remains in the public mausoleum until the defects are corrected and the
18department subsequently inspects the public mausoleum and provides the cemetery
19authority with a certification that the construction or conversion complies with the
20approved plans. The department may charge a reasonable fee to the cemetery
21authority for each inspection and certification provided under this paragraph if the
22inspection and certification are provided within the applicable 30-day period
23prescribed under this paragraph.
Loading...
Loading...