SB55-ASA1-AA1-AA30,10,1914
157.062
(5) Trustees; duties, report. The trustees may fill vacancies for the
15unexpired term. One shall be chosen president, and they shall appoint a secretary
16and treasurer, and may require security of the treasurer. The trustees shall manage
17the affairs and property of the association and control and beautify the cemetery, and
18may establish regulations for those purposes. The trustees shall make and file
19written reports as required in s. 157.62
(1) and (2).
SB55-ASA1-AA1-AA30,11,1021
157.062
(6) (b) If an association that has been dissolved under par. (a), or any
22group that was never properly organized as a cemetery association, has cemetery
23grounds and human remains are buried in the cemetery grounds, 5 or more
24members, or persons interested as determined by order of the circuit judge under par.
25(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
1cemetery is located, of the time, place
, and object of the meeting, assemble
, and
2reorganize by the election of trustees and divide them into classes as provided in sub.
3(1), the commencement of the terms to be computed from the next annual meeting
4date. The secretary shall enter the proceedings of the meeting on the records. The
5association is reorganized upon delivery of a copy of the proceedings to the
6department of financial institutions
, except as provided in sub. (9). Upon
7reorganization, the title to the cemetery grounds, trust funds
, and all other property
8of the association or group vests in the reorganized association, under the control of
9the trustees. The reorganized association may continue the name of the dissolved
10association or may adopt a new name.
SB55-ASA1-AA1-AA30,11,2212
157.062
(6) (c) If an association is dissolved under par. (a) or any group has
13never been properly organized as cemetery association, and there are fewer than 5
14members living or residing in the county where the cemetery is located, the circuit
15judge for the county shall upon the petition of any person interested, make an order
16determining who are persons interested in the cemetery. Any adult person who owns
17an interest in any
cemetery lot burial space in the cemetery, who is related to any
18person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece
, 19or surviving spouse of a member of the dissolved association, is an interested person.
20The circuit judge may make the order upon evidence he or she deems sufficient, with
21or without hearing. The order need not contain the names of all persons interested,
22but shall contain the names of at least 5 such persons.
SB55-ASA1-AA1-AA30,12,3
1157.063 General duties and powers of board. (1) In addition to the other
2duties and powers of the board under this subchapter, the board shall do each of the
3following:
SB55-ASA1-AA1-AA30,12,54
(a) Advise the secretary of regulation and licensing on matters relating to
5cemeteries, to this subchapter or subch. VIII of ch. 440, or to the board.
SB55-ASA1-AA1-AA30,12,76
(b) Independently exercise its powers, duties, and functions that are specified
7in this subchapter and subch. VIII of ch. 440.
SB55-ASA1-AA1-AA30,12,128
(c) Be the supervising authority of all personnel, other than shared personnel,
9engaged in the review, investigation, or handling of information regarding
10investigations and disciplinary matters affecting persons who are registered or
11licensed by the department under subch. VIII of ch. 440, or in the exercise of
12administrative discretion with regard to the discipline of those persons.
SB55-ASA1-AA1-AA30,12,1513
(d) Maintain, in conjunction with the board's operations, in central locations
14designated by the department, all records pertaining to the functions independently
15retained by the board.
SB55-ASA1-AA1-AA30,12,2016
(e) Compile and keep current a register of the names and addresses of all
17persons who are registered or licensed by the department under subch. VIII of ch. 440
18that is retained by the department and that is available for public inspection during
19the days specified in s. 230.35 (4) (a). The department may also make the register
20available to the public by electronic transmission.
SB55-ASA1-AA1-AA30,12,21
21(2) The board does not have rule-making authority.
SB55-ASA1-AA1-AA30,13,223
157.064
(2) A cemetery or religious association incorporated in this state and
24having a cemetery in or near a 1st or 2nd class city and any cemetery described under
25s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands
1for cemetery purposes, and may pay for it wholly or partly from its
cemetery lot burial
2space sales.
SB55-ASA1-AA1-AA30,13,164
157.064
(6) Whenever the majority of the members of a cemetery association,
5or of a religious association authorized to hold lands for cemetery purposes, present
6at an annual meeting or special meeting called for such purpose vote to convey all
7of the cemetery association's or religious association's cemetery property, trust funds
8and other property used for cemetery purposes to another cemetery association or
9religious association, the trustees of the association shall transfer the property upon
10the acceptance of the transfer by the other association by affirmative vote of a
11majority of its members present at an annual meeting or special meeting called for
12that purpose. Upon such acceptance, the title to the cemetery property, trust funds
13and other property of the transferring association vests in the accepting association
14under the control of the trustees of the accepting association. A conveyance under
15this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious
16society organized under ch. 187 cemetery authority.
SB55-ASA1-AA1-AA30,13,21
19157.066 Burial spaces not located in cemeteries. (1) A city, village, or
20town may enact and enforce an ordinance that allows a person to bury human
21remains in a burial space that is not located in a cemetery.
SB55-ASA1-AA1-AA30,13,24
22(2) Unless a city, village, or town has enacted an ordinance under sub. (1), no
23person may bury human remains in the city, village, or town in a burial space that
24is not located in a cemetery.
SB55-ASA1-AA1-AA30,14,8
1157.07
(1) A cemetery authority shall cause to be surveyed and platted by a
2land surveyor registered in this state those portions of the lands that are
from time
3to time required for burial used, after the effective date of this subsection .... [revisor
4inserts date], for burials, into
cemetery lots
burial spaces, drives
, and walks, and
5record a plat or map of the land in the office of the register of deeds. The plat or map
6may not be recorded unless laid out and platted to the satisfaction of the county board
7of the county, and the town board of the town
, in which the land is situated, or, if the
8land is situated within a 1st class city, then only by the common council of that city.
SB55-ASA1-AA1-AA30,14,2110
157.07
(5) The cemetery authority may vacate or replat any portion of its
11cemetery upon the filing of a petition with the circuit court describing the portion and
12setting forth the facts and reasons therefor. The court shall fix a time for hearing and
13direct publication of a class 3 notice, under ch. 985, and the court shall order a copy
14of the notice to be mailed to at least one interested person, as to each separate parcel
15involved, whose post-office address is known or can be ascertained with reasonable
16diligence, at least 20 days before such hearing. If the court finds that the proposed
17vacating or replatting is for the best interest of the cemetery authority and that the
18rights of none to whom
cemetery lots burial spaces have been conveyed will be
19injured, it shall enter an order reciting the jurisdictional facts and its findings and
20authorizing the vacating or replatting of the lands of the cemetery. The order shall
21be effective when recorded by the register of deeds.
SB55-ASA1-AA1-AA30,14,2423
157.07
(6) This section does not apply to a religious
society organized under ch.
24187 cemetery authority.
SB55-ASA1-AA1-AA30,15,7
1157.08
(1) After the plat or map is recorded under s. 157.07, the cemetery
2authority may sell and convey
cemetery lots burial spaces. Conveyances shall be
3signed by the chief officer of the cemetery authority, and by the secretary or clerk of
4the cemetery authority, if any. Before delivering the conveyance to the grantee, the
5cemetery authority shall enter on records kept for that purpose, the date and
6consideration and the name and residence of the grantee. The conveyances may be
7recorded with the register of deeds.
SB55-ASA1-AA1-AA30,15,149
157.08
(2) (a) If a
cemetery lot or mausoleum burial space is sold by a cemetery
10authority and used or intended to be used for the burial of the human remains of the
11purchaser or the purchaser's family members, the purchaser's interests in the
12ownership of, title to
, or right to use the
cemetery lot or mausoleum burial space are
13not affected or limited by any claims or liens of other persons against the cemetery
14authority.
SB55-ASA1-AA1-AA30,15,2017
157.08
(2) (b) 1. (intro.) Before a cemetery authority
sells or encumbers any
18cemetery land, except for a sale described in par. (a) takes any of the following
19actions, the cemetery authority shall notify the department in writing
of the
20proposed sale or encumbrance.:
SB55-ASA1-AA1-AA30,16,2
213. If within 60 days after the department is notified
of the proposed sale or
22encumbrance under subd. 1. the department notifies the cemetery authority in
23writing that the department objects to the
sale or encumbrance proposed action, the
24cemetery authority may not
sell or encumber the cemetery land take the action
1unless the department subsequently notifies the cemetery authority in writing that
2the objection is withdrawn.
SB55-ASA1-AA1-AA30,16,8
34. The department may object to
a sale or encumbrance an action under subd.
43. only if it determines that the cemetery authority will not be financially solvent or
5that the rights and interests of owners of
cemetery lots and mausoleum burial spaces
6will not be adequately protected if the
sale or encumbrance occurs action is taken.
7The department shall promulgate rules that establish requirements and procedures
8for making a determination under this subdivision.
SB55-ASA1-AA1-AA30,16,13
95. The department may, before the expiration of the 60-day period
under subd.
103., notify the cemetery authority in writing that the department approves of the
sale
11or encumbrance action. Upon receipt of the department's written approval, the
12cemetery authority may
sell or encumber the cemetery land take the action and is
13released of any liability under this paragraph.
SB55-ASA1-AA1-AA30,16,15
146. The department shall make every effort to make determinations under this
15paragraph in an expeditious manner.
SB55-ASA1-AA1-AA30,16,1918
157.08
(2) (b) 1. a. Sells or encumbers any cemetery land, except for a sale
19described in par. (a).
SB55-ASA1-AA1-AA30,16,2120
b. Transfers ownership or control of 50% or more of the assets or stock of the
21cemetery.
SB55-ASA1-AA1-AA30,16,2322
c. Engages in a transaction that results in a person acquiring ownership or
23control of 50% or more of the stock of the cemetery.
SB55-ASA1-AA1-AA30,16,2524
d. Transfers responsibility for management or operation of the cemetery
25authority.
SB55-ASA1-AA1-AA30,17,32
157.08
(2) (b) 2. The department shall promulgate rules that specify the
3documentation that must be submitted with a notification under subd. 1.
SB55-ASA1-AA1-AA30,17,85
157.08
(5) Subsections (1) and (2) (b) do not apply to a religious
society
6organized under ch. 187, cemetery authority and sub. (2) (b) does not apply to a
7cemetery authority that is not required to be
registered licensed under s. 440.91 (1)
8and that is not organized or conducted for pecuniary profit.
SB55-ASA1-AA1-AA30,17,10
10157.10 (title)
Alienation and use of cemetery lots burial spaces.".".
SB55-ASA1-AA1-AA30,17,13
12"1499b. Page 957, line 7: delete "cemetery lot, the cemetery lot" and substitute
13"
cemetery lot, the cemetery lot burial space, the burial space".
SB55-ASA1-AA1-AA30,17,16
151499f. Page 957, line 10: delete "
cemetery lot, ownership of the cemetery" and
16substitute "
burial space, ownership of the
cemetery".
SB55-ASA1-AA1-AA30,17,19
181499j. Page 957, line 12: on lines 12 and 13, delete "cemetery lot" and substitute
19"
cemetery lot burial space".
SB55-ASA1-AA1-AA30,17,21
201499L. Page 957, line 14: delete "cemetery lot, or a relative" and substitute
21"
cemetery lot burial space, or a
brother, sister, or other relative".
SB55-ASA1-AA1-AA30,17,23
221499n. Page 957, line 15: delete "relative" and substitute "
brother, sister, or
23other relative".
SB55-ASA1-AA1-AA30,18,5
11499p. Page 957, line 16: delete "cemetery lot." and substitute "
cemetery lot 2burial space. This subsection does not apply to the burial of human remains of an
3individual who is in a class of individuals who are prohibited under regulations
4adopted by a religious cemetery authority or affiliated religious association from
5being buried in a cemetery.".
SB55-ASA1-AA1-AA30,18,12
71499t.
Page 957, line 20: delete that line and substitute "child, brother, sister,
8or parent without the consent of the cemetery authority. This paragraph does not
9apply if the spouse, child, brother, sister, or parent is in a class of individuals who are
10prohibited under regulations adopted by a religious cemetery authority or affiliated
11religious association from being buried in the cemetery in which the burial space is
12located.".
SB55-ASA1-AA1-AA30,18,1815
157.10
(4) The department shall promulgate rules that interpret the
16requirements of this section and require any person who transfers an interest in a
17burial space to provide the transferee with a written notice, prepared by the
18department, that describes the requirements of this section.
SB55-ASA1-AA1-AA30,18,21
20157.11 (title)
Improvement and care of
cemetery lots burial spaces and
21grounds.
SB55-ASA1-AA1-AA30,18,2523
157.11
(1m) Duty to maintain. A cemetery authority shall maintain a
24cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences,
25buildings, and other structures, in a reasonable manner at all times.
SB55-ASA1-AA1-AA30,19,152
157.11
(2) Regulations. The cemetery authority may make regulations for
3management and care of the cemetery. No person may plant, in the cemetery, trees
4or shrubs, nor erect wooden fences or structures or offensive or dangerous structures
5or monuments, nor maintain them if planted or erected in violation of the
6regulations. The cemetery authority may require any person owning or controlling
7a
cemetery lot burial space to do anything necessary to comply with the regulations
8by giving reasonable personal notice in writing if the person is a resident of the state,
9otherwise by publishing a class 3 notice, under ch. 985, in the county. If the person
10fails to comply within 20 days thereafter, the cemetery authority may cause it to be
11done and recover from the person the expense. The cemetery authority may also
12impose a forfeiture not exceeding $10 for violation of the regulations posted in 3
13conspicuous places in the cemetery, recoverable under ch. 778. Each employee and
14agent of the cemetery authority shall have constable powers in enforcing the
15regulations.
SB55-ASA1-AA1-AA30,19,2317
157.11
(3) Contracts. The cemetery authority may contract with persons who
18own or are interested in a
cemetery lot burial space for its care. The contract shall
19be in writing, may provide that the
cemetery lot
burial space shall be forever exempt
20from taxes, assessments
, or charges for its care and the care and preservation of the
21grounds, shall express the duty of the cemetery authority,
shall be recorded in a book
22kept for that purpose, and
shall be effective when the consideration is paid or
23secured.
SB55-ASA1-AA1-AA30,20,8
1157.11
(4) Associations of relatives. Persons owning a
cemetery lot burial
2space or having relatives buried in a cemetery may incorporate an association to hold
3and occupy a previously constituted cemetery, and to preserve and care for the same.
4Section 157.062 shall apply to the association. Nothing in this subsection shall give
5rights of burial. A municipality may lease a municipal cemetery to a cemetery
6association for preservation and may contract to permit the association to use
7cemetery funds therefor. Such leases and contracts may be revoked at will by the
8municipal board.
SB55-ASA1-AA1-AA30,20,1210
157.11
(5) Sum required. The cemetery authority shall annually fix the sum
11necessary for the care of
cemetery lots burial spaces and care and improvement of
12the cemetery, or to produce a sufficient income for those purposes.
SB55-ASA1-AA1-AA30,20,2114
157.11
(7) (a) The cemetery authority may annually assess upon the
cemetery
15lots burial spaces amounts not to exceed the amounts reasonably required for actual
16and necessary costs for cleaning and care of
cemetery lots burial spaces and care and
17improvement of the cemetery. Notice of the assessment, along with a copy of this
18section, shall be mailed to each owner or person having charge of a
cemetery lot 19burial space, at the owner's or person's last-known post-office address, directing
20payment to the cemetery authority within 30 days and specifying that such
21assessments are a personal liability of the owner or person.
SB55-ASA1-AA1-AA30,21,223
157.11
(7) (b) The cemetery authority may fix and determine the sum
24reasonably necessary for the care of the
grave or cemetery lot burial space in
1reasonable and uniform amounts, which amounts shall be subject to the approval of
2the court, and may collect those amounts as part of the funeral expenses.
SB55-ASA1-AA1-AA30,21,64
157.11
(7) (c) Before ordering distribution of the estate of a deceased person,
5the court shall order paid any assessment under this section, or the sum so fixed for
6the care of the
cemetery lot or grave burial space of the deceased.
SB55-ASA1-AA1-AA30,21,178
157.11
(7) (d) When uniform care of a
cemetery lot burial space has been given
9for 2 consecutive years or more, for which assessments are unpaid, after notice as
10provided in sub. (2), right to burial is forfeited until delinquent assessments are paid.
11When uniform care has been given for 5 consecutive years or more and the
12assessments are unpaid, upon like notice, title to all unoccupied parts of the
cemetery
13lot burial space shall pass to the cemetery authority and may be sold, the payment
14of principal to be deposited into the care fund. Before depositing the payment of
15principal into the care fund, the cemetery authority may retain an amount necessary
16to cover the cemetery authority's administrative and other expenses related to the
17sale, but the amount retained may not exceed 50% of the proceeds.
SB55-ASA1-AA1-AA30,21,2121
157.11
(9) (title)
Gifts.
SB55-ASA1-AA1-AA30,22,424
157.11
(9) (b)
Before a cemetery authority receives a gift, the surety bonds of
25the cemetery authority shall be increased to cover such amount if it does not then do
1so. If the bonds are not filed, or the If a cemetery authority fails to do anything
2required by this subsection, the judge may appoint a trustee, and all property and
3money
so given
in the manner described under par. (am) and evidences of title and
4securities shall be delivered to the trustee.