AB1-ASA1-AA61,3,1
115.405
(3m) Cemetery board. (a) In this subsection:
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1. "Business representative" has the meaning given in s. 452.01 (3k).
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2. "Licensed cemetery authority" has the meaning given in s. 157.061 (8r).
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3. "Religious cemetery authority" has the meaning given s. 157.061 (15m).
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(b) There is created a cemetery board, attached to the department of regulation
6and licensing under s. 15.03, consisting of the following members appointed for
74-year terms:
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1. Four members, each of whom is a business representative of a licensed
9cemetery authority.
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2. A representative of the department of justice designated by the attorney
11general.
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3. Two public members.
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(c) Of the members appointed under par. (b) 1., one member shall be a business
14representative of a licensed cemetery authority organized or conducted for pecuniary
15profit, one member shall be a business representative of a licensed cemetery
16authority not organized or conducted for pecuniary profit, one member shall be a
17business representative of a licensed cemetery authority that is a city, village, town,
18or county, and no member may be a business representative of a religious cemetery
19authority.
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(d) No member of the cemetery board may serve more than 2 terms.".
AB1-ASA1-AA61,4,3
120.165
(1) (q)
Cemetery and mausoleum trustee disbursements. From the
2cemetery management insurance fund, a sum sufficient to make disbursements to
3trustees under the rules promulgated under s. 157.117 (4) (a).".
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25.17
(1) (at) Cemetery management insurance fund (s. 25.86);".
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925.86 Cemetery management insurance fund. There is established a
10separate nonlapsible trust fund designated as the cemetery management insurance
11fund, to consist of each of the following:
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12(1) The moneys received from death certificate filing fees under s. 69.22 (1) (e).
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13(2) The moneys received from the issuance of copies of death certificates under
14s. 69.22 (1) (f).".
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60.61
(2) (j) Authorize burials under s. 157.066.
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62.23
(7) (c)
Purposes in view. Such regulations shall be made in accordance
20with a comprehensive plan and designed to lessen congestion in the streets; to secure
21safety from fire, panic and other dangers; to promote health and the general welfare;
22to provide adequate light and air, including access to sunlight for solar collectors and
23to wind for wind energy systems; to encourage the protection of groundwater
24resources; to prevent the overcrowding of land; to avoid undue concentration of
1population; to facilitate the adequate provision of transportation, water, sewerage,
2schools, parks and other public requirements;
to authorize burials if an ordinance is
3enacted under s. 157.066; and to preserve burial sites, as defined in s. 157.70 (1) (b).
4Such regulations shall be made with reasonable consideration, among other things,
5of the character of the district and its peculiar suitability for particular uses, and
6with a view to conserving the value of buildings and encouraging the most
7appropriate use of land throughout such city.".
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9"
Section 155c. 69.18 (1) (bm) (intro.) of the statutes is amended to read:
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69.18
(1) (bm) (intro.) A person required to file a certificate of death under par.
11(b) shall obtain the information required for the certificate of death from the next of
12kin or the best qualified person or source available. The person filing the certificate
13of death shall enter his or her signature on the certificate and include his or her
14address and the date of signing and shall present or mail the certificate, within 24
15hours after being notified of the death, to the physician, coroner or medical examiner
16responsible for completing and signing the medical certification under sub. (2).
17Within 2 days after receipt of the medical certification under sub. (2), the person
18filing the certificate of death shall mail or present the certificate of death
, together
19with the fee required under s. 69.22 (1) (e), in:
AB1-ASA1-AA61,6,722
69.18
(1) (bm) (intro.) A person required to file a certificate of death under par.
23(b) shall obtain the information required for the certificate of death from the next of
24kin or the best qualified person or source available. The person filing the certificate
1of death shall enter his or her signature on the certificate and include his or her
2address and the date of signing and shall present or mail the certificate, within 24
3hours after being notified of the death, to the physician, coroner or medical examiner
4responsible for completing and signing the medical certification. Within 2 days after
5receipt of the medical certification, the person filing the certificate of death shall mail
6or present the certificate of death
, together with the fee required under s. 69.22 (1)
7(e), in:
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69.22
(1) (a) Except as provided under
par. pars. (c)
and (f), $7 for issuing one
11certified copy of a vital record and $3 for any additional certified copy of the same
12vital record issued at the same time.
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69.22
(1) (e) Ten dollars for receiving a death certificate filed by a person
15required to file a certificate of death under s. 69.18 (1) (b), which shall be forwarded
16to the state treasurer under sub. (1r).
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(f) Eight dollars for issuing a copy of a death certificate, $1 of which shall be
18forwarded to the state treasurer under sub. (1r).
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69.22
(1r) By the 15th day of the first month following the end of a calendar
21quarter, the state registrar and any person acting under this subchapter shall
22forward to the state treasurer the amounts specified in sub. (1) (e) and (f) that are
23received during the calendar quarter. The state treasurer shall credit all amounts
24received under this subsection to the cemetery management insurance fund.".
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2"
Section 338bc. 157.061 (1) of the statutes is renumbered 157.061 (1c) and
3amended to read:
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157.061
(1c) "Burial" means entombment, inurnment
or, interment
, or
5placement in a mausoleum, vault, crypt, or columbarium.
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157.061
(1b) "Board" means the cemetery board.
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157.061
(1d) "Burial space" means a space that is used or intended to be used
10for the burial of human remains and, when used in reference to the sale, purchase,
11or ownership of a burial space, includes the right to bury human remains in the
12burial space.
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157.061
(1j) "Business representative" has the meaning given in s. 452.01 (3k).
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157.061
(1p) "Cemetery" means a place that is dedicated to and used or
17intended to be used for the final disposition of human remains.
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157.061
(2m) "Cemetery lot" means a grave or 2 or more contiguous graves
and,
20when used in reference to the sale, purchase or ownership of a cemetery lot, includes
21the right to bury human remains in that cemetery lot.
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157.061
(3) "Cemetery merchandise" means goods associated with the burial
24of human remains, including monuments, markers, nameplates, vases
, and urns,
1and any services that are associated with supplying or delivering those goods or with
2the burial of human remains and that may be lawfully provided by a cemetery
3authority
, including opening and closing of a burial space. The term does not include
4caskets or outer burial containers.
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157.061
(3g) "Columbarium" means a building, structure, or part of a building
7or structure that is used or intended to be used for the inurnment of cremains.
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157.061
(3r) "Columbarium space" means a niche, crypt, or specific place in a
10columbarium that contains or is intended to contain cremains.
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157.061
(8g) "Lawn crypt" means an interment space in chambers that are
13preplaced at either a single depth or multiple depths and that are located primarily
14underground.
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157.061
(8r) "Licensed cemetery authority" means a cemetery authority that
17is licensed under s. 440.91 (1).
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157.061
(11r) "Payment of principal" means the portion of a payment for the
20purchase of
a cemetery lot, cemetery merchandise or a
mausoleum burial space that
21represents the principal amount owed by the purchaser for the
cemetery lot, 22cemetery merchandise or
mausoleum burial space, and does not include any portion
23of the payment that represents any taxes, finance or interest charges
, or insurance
24premiums.
AB1-ASA1-AA61,9,2
1157.061
(14m) "Registered cemetery authority" means a cemetery authority
2that is registered under s. 440.91 (1m).
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157.061
(15) "Religious association" means any church, synagogue
, or mosque
5or any, incorporated college of a religious order, or religious society organized under
6ch. 187.
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157.061
(15m) "Religious cemetery authority" means a cemetery authority of
9a cemetery owned and operated by a religious association.
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157.061
(17) "Undeveloped space" means a mausoleum space
, columbarium
12space, or lawn crypt that is not ready for the burial of human remains on the date
13of the sale of the mausoleum space
, columbarium space, or lawn crypt.
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157.062
(1) Organization. Seven or more residents of the same county may
16form a cemetery association. They shall meet, select a chairperson and secretary,
17choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
18more than 9 trustees whom the chairperson and secretary shall immediately divide
19by lot into 3 classes, who shall hold their offices for 1, 2
, and 3 years, respectively.
20Within 3 days, the chairperson and secretary shall certify the corporate name, the
21names, home addresses and business addresses of the organizers and of the trustees,
22and their classification, and the annual meeting date acknowledged by them, and
,
23except as provided in sub. (9), deliver the certification to the department of financial
24institutions. The association then has the powers of a corporation.
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1157.062
(2) Amendments. The association may change its name, the number
2of trustees or the annual meeting date by resolution at an annual meeting, or special
3meeting called for such purpose, by a majority vote of the members present, and
,
4except as provided in sub. (9), by delivering to the department of financial
5institutions a copy of the resolution, with the date of adoption, certified by the
6president and secretary or corresponding officers.
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157.062
(3) Validation. When there shall have been a bona fide attempt to
9organize a cemetery association, but a failure to record a properly drawn and
10executed certificate of organization, and it has in good faith bought and platted
11grounds and conveyed
cemetery lots burial spaces and carried on business for over
1225 years, the same shall be a body corporate from the date of conveyance to it of real
13estate, and its transfers and other transactions are validated.
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157.062
(4) (a) An annual election shall be held during the annual meeting.
16The annual meeting, and any special meeting described in sub. (2), shall be held at
17a place in the county chosen by the trustees upon public notice as required by the
18bylaws. Trustees chosen after the first election shall be proprietors of
cemetery lots 19burial spaces in the cemetery, residents of the state, and hold office for 3 years.
20Election shall be by ballot and a plurality shall elect. Each owner of one or more
21cemetery lots burial spaces is entitled to one vote, and one of several owners of a
22cemetery lot burial space, designated by the majority of them, shall cast the vote.
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(5) Trustees; duties, report. The trustees may fill vacancies for the
25unexpired term. One shall be chosen president, and they shall appoint a secretary
1and treasurer, and may require security of the treasurer. The trustees shall manage
2the affairs and property of the association and control and beautify the cemetery, and
3may establish regulations for those purposes. The trustees shall make and file
4written reports as required in s. 157.62
(1) and (2).
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157.062
(6) (b) If an association that has been dissolved under par. (a), or any
7group that was never properly organized as a cemetery association, has cemetery
8grounds and human remains are buried in the cemetery grounds, 5 or more
9members, or persons interested as determined by order of the circuit judge under par.
10(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
11cemetery is located, of the time, place
, and object of the meeting, assemble
, and
12reorganize by the election of trustees and divide them into classes as provided in sub.
13(1), the commencement of the terms to be computed from the next annual meeting
14date. The secretary shall enter the proceedings of the meeting on the records. The
15association is reorganized upon delivery of a copy of the proceedings to the
16department of financial institutions
, except as provided in sub. (9). Upon
17reorganization, the title to the cemetery grounds, trust funds
, and all other property
18of the association or group vests in the reorganized association, under the control of
19the trustees. The reorganized association may continue the name of the dissolved
20association or may adopt a new name.
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(6) (c) If an association is dissolved under par. (a) or any group has
23never been properly organized as cemetery association, and there are fewer than 5
24members living or residing in the county where the cemetery is located, the circuit
25judge for the county shall upon the petition of any person interested, make an order
1determining who are persons interested in the cemetery. Any adult person who owns
2an interest in any
cemetery lot burial space in the cemetery, who is related to any
3person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece
, 4or surviving spouse of a member of the dissolved association, is an interested person.
5The circuit judge may make the order upon evidence he or she deems sufficient, with
6or without hearing. The order need not contain the names of all persons interested,
7but shall contain the names of at least 5 such persons.
