SB55-ASA1-AA1-AA30,37,319
157.19
(4m) The department shall request proposals from financial
20institutions located in this state for the purpose of selecting a financial institution
21that cemetery authorities and preneed sellers may use as the trustee for care funds
22under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except
23as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to
24use the financial institution selected by the department. The financial institution
25selected under this subsection shall submit an annual report to the department, in
1a form and manner satisfactory to the department, that provides an accounting of
2all care funds and preneed trust funds for which the financial institution is the
3trustee.
SB55-ASA1-AA1-AA30,37,115
157.19
(5) (a) This section does not apply to care funds under s. 157.11 (9g) that
6are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds
7of a cemetery for which a certification under s. 157.63 is effective, or to preneed trust
8funds of a cemetery for which a certification under s. 440.92 (9) is effective
, or to care
9funds or preneed trust funds of a cemetery authority that is not required to be
10registered under s. 440.91 (1) and that is not organized or conducted for pecuniary
11profit.
SB55-ASA1-AA1-AA30,37,1813
157.19
(5) (c) If the department determines that a cemetery authority or
14preneed seller has violated any requirement under this subchapter or subch. VIII of
15ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or preneed trust
16funds under s. 440.92, the department may require the cemetery authority or
17preneed seller to use the financial institution selected under sub. (4m) as the trustee
18for the care funds or preneed trust funds.
SB55-ASA1-AA1-AA30,38,3
20157.60 Public easement in cemetery. Any person who shall open or make
21any highway, town way
, or private way or shall construct any railroad, turnpike
, or
22canal or anything in the nature of a public easement over, through, in
, or upon such
23part of any enclosure, being the property of any town, city, village
, or religious
society 24cemetery authority or of private proprietors, as may be used for the burial of the dead,
25unless an authority for that purpose shall be specially granted by law or unless the
1consent of such town, city, village, religious
society cemetery authority, or private
2proprietors, respectively, shall be first obtained, shall be punished by imprisonment
3in the county jail not more than one year or by fine not exceeding $300.
SB55-ASA1-AA1-AA30,38,9
5157.61 Identification of human remains. A person may not provide an
6outer burial container or, if an outer burial container is not used, a casket, to a
7cemetery authority, other than a religious cemetery authority, for the burial of
8human remains, unless the person identifies the decedent by name on the exterior
9of the outer burial container or casket.
SB55-ASA1-AA1-AA30, s. 2852qz
11Section 2852qz. 157.62 (1) (a) 1., 2., 3., 4. and 5. of the statutes are
12renumbered 157.62 (2) (b) 7. a., b., c., d. and e.
SB55-ASA1-AA1-AA30,38,2216
157.62
(2) (a)
Except as provided in ss. 157.625 and 157.63 (1), every Every 17cemetery authority
that is licensed under s. 440.91 (1) and, except as provided in s.
18157.63 (1), every cemetery authority that is a religious cemetery authority shall file
19an annual report with the department. The report shall be made on a form
20prescribed and furnished by the department. The report shall be made on a
21calendar-year basis unless the department, by rule, provides for other reporting
22periods. The report is due on the 60th day after the last day of the reporting period.
SB55-ASA1-AA1-AA30,38,2524
157.62
(2) (b) 1. A copy of any report required under
sub. (1) (a) or s. 180.1622
25or 181.1622.
SB55-ASA1-AA1-AA30,39,32
157.62
(2) (b) 1m. The percentage of burial spaces at the cemetery that are
3available for sale.
SB55-ASA1-AA1-AA30,39,65
157.62
(2) (b) 2. If the cemetery authority is required to file a report under s.
6180.1622 or 181.1622, the information specified in
sub. (1) (a) 3 subd. 7. c.
SB55-ASA1-AA1-AA30,39,119
157.62
(2) (b) 7. (intro.)
The information specified in sub. (1) (a), to the extent
10applicable, if If the cemetery
is not required to file a report under sub. (1) (a) or s.
11180.1622 or 181.1622. authority is a cemetery association, all of the following:
SB55-ASA1-AA1-AA30,39,1813
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
14under sub. (2) (a) at its principal place of business and, except for those records
15relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
16the report available for inspection, upon reasonable notice, by any person with an
17interest in a
cemetery lot or a mausoleum burial space in a cemetery owned or
18operated by the cemetery authority.
SB55-ASA1-AA1-AA30,39,2120
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
21mausoleum burial space or cemetery merchandise.
SB55-ASA1-AA1-AA30,39,2523
157.62
(3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
24records identifying the section, lot, and site of each burial space and showing the
25location of each burial space on a map.
SB55-ASA1-AA1-AA30,40,22
157.62
(4) (title)
Records maintenance
; inspection.
SB55-ASA1-AA1-AA30,40,75
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
6records and contract copies under sub. (3) (b) available for inspection and copying by
7the board.
SB55-ASA1-AA1-AA30,40,1110
157.62
(5) (a) The department may promulgate rules establishing minimum
11standards for the format and maintenance of records required under this section.
SB55-ASA1-AA1-AA30,40,2214
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
15the department may audit, at reasonable times and frequency, the records, trust
16funds
, and accounts of any
registered cemetery authority
and shall audit the records,
17trust funds, and accounts of each licensed cemetery authority, including records,
18trust funds
, and accounts pertaining to services provided by a cemetery authority
19which are not otherwise subject to the requirements under this chapter. The
20department may conduct audits under this subsection on a random basis
, and
shall
21conduct all audits under this subsection without providing prior notice to the
22cemetery authority.
SB55-ASA1-AA1-AA30,41,424
157.62
(6) (b) If the department or board has cause to believe that a licensed
25or registered cemetery authority has not complied with the requirements of this
1subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
2department or board may require the cemetery authority to submit an audit
3conducted at the cemetery authority's expense by an independent certified public
4accountant in accordance with generally accepted auditing standards.
SB55-ASA1-AA1-AA30,41,9
7157.63 (title)
Reporting and auditing exemptions; certification of
8compliance of religious cemetery affiliated with religious society
9authority.
SB55-ASA1-AA1-AA30,41,1611
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 12cemetery authority
of a cemetery that is affiliated with a religious society organized
13under ch. 187 or that religious society or the church, synagogue, mosque,
14incorporated college of a religious order, or religious society organized under ch. 187
15that is affiliated with a religious cemetery authority may file an annual certification
16with the department as provided in this section.
SB55-ASA1-AA1-AA30,41,2218
157.63
(2) (b) A notarized statement of a person who is legally authorized to
19act on behalf of the religious
society cemetery authority under this section that,
20during the reporting period under s. 157.62, each cemetery and the
religious 21cemetery authority of each cemetery specified under par. (a) have either fully
22complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
SB55-ASA1-AA1-AA30,42,224
157.63
(3) If the statement under sub. (2) (b) includes a statement of
25substantial compliance, the statement under sub. (2) (b) must also specify those
1instances when the cemetery or
religious cemetery authority did not fully comply
2with s. 157.11 (9g) or 157.12 (3).
SB55-ASA1-AA1-AA30,42,74
157.63
(4) A certification under this section is effective for the 12-month period
5immediately following the reporting period under s. 157.62 (2) for which the
religious 6cemetery authority is certified under this section to have fully or substantially
7complied with ss. 157.11 (9g) and 157.12 (3).
SB55-ASA1-AA1-AA30,42,149
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
10order, or religious society that is affiliated with a cemetery to which a certification
11under this section applies is liable for the damages of any person that result from the
12failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
13(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
14compliance has been certified under this section.".
SB55-ASA1-AA1-AA30,42,16
151499x. Page 957, line 21: delete the material beginning with that line and
16ending with page 958, line 19, and substitute:
SB55-ASA1-AA1-AA30,43,2
18157.635 Regulations of religious cemetery affiliated with religious
19society authorities. Nothing in this subchapter prohibits a
religious cemetery
20authority
of a cemetery that is affiliated with a religious society organized under ch.
21187 from prohibiting the burial of the human remains of an individual in the
22cemetery if the individual was in a class of individuals who are prohibited
from being
23buried in the cemetery under regulations adopted by the
religious cemetery
24authority or
church, synagogue, mosque, incorporated college of a religious order, or
1religious society
from being buried in the cemetery that is affiliated with the religious
2cemetery authority.".
SB55-ASA1-AA1-AA30,43,10
5157.637 Rules; review of rules. (1) Before submitting to the legislative
6council staff under s. 227.15 any proposed rules relating to cemeteries or to the board,
7except for rules relating exclusively to religious cemetery authorities, the
8department shall submit the proposed rules to the board for comment. The board
9shall have 30 days to submit comments on the proposed rules to the secretary of
10regulation and licensing.
SB55-ASA1-AA1-AA30,43,14
11(2) When promulgating emergency rules under s. 227.24 relating to cemeteries
12or to the board, except for rules relating exclusively to religious cemetery authorities,
13the department shall provide a copy of the rules to the board prior to publication of
14the rules in the official state newspaper.
SB55-ASA1-AA1-AA30,43,18
15(3) The chairperson of the board, or his or her designee from the board, may
16cochair with the secretary of regulation and licensing, or the secretary's designee,
17any public hearing held by the department on proposed rules relating to cemeteries
18or to the board other than rules relating exclusively to religious cemetery authorities.
SB55-ASA1-AA1-AA30,44,3
19(4) The department shall submit to the board a copy of the report required
20under s. 227.19 (2) on any proposed final rules relating to cemeteries or to the board
21other than rules relating exclusively to religious cemetery authorities. The board
22may prepare a dissenting report stating its recommendations on the proposed final
23rules. Any dissenting report shall be prepared within 10 days from the date of receipt
24of the department's report, attached to the department's report and sent to the
25presiding officer of each house of the legislature and distributed under s. 227.19 (2).
1The department shall publish a statement to appear in the Wisconsin administrative
2register indicating that a dissenting report of the board has been submitted to the
3presiding officer of each house of the legislature.
SB55-ASA1-AA1-AA30,44,5
4(5) The department shall provide staff to assist the board in the review of
5administrative rules and preparation of comments or dissenting reports.
SB55-ASA1-AA1-AA30,44,87
157.64
(2) (d) Fails to file a report or files an incomplete, false
, or misleading
8report under s. 157.62
(1) or (2).
SB55-ASA1-AA1-AA30,44,1010
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
SB55-ASA1-AA1-AA30,44,1212
157.64
(2) (h) Violates s. 157.112.
SB55-ASA1-AA1-AA30,44,1814
157.65
(1) (a) If the
department of regulation and licensing board has reason
15to believe that any person, other than a religious cemetery authority, is violating or
16has violated this subchapter or any rule promulgated under this subchapter and that
17the continuation of that activity might cause injury to the public interest, the
18department of regulation and licensing may board shall investigate.
SB55-ASA1-AA1-AA30,44,2420
157.65
(1) (am) If the department of regulation and licensing has reason to
21believe that a religious cemetery authority is violating or has violated this
22subchapter or any rule promulgated under this subchapter and that the continuation
23of that activity might cause injury to the public interest, the department of
24regulation and licensing may investigate.
SB55-ASA1-AA1-AA30,45,4
1157.65
(1) (b) If the department of commerce has reason to believe that any
2person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
3continuation of that activity might cause injury to the public interest, the
4department of commerce
may shall investigate.
SB55-ASA1-AA1-AA30,45,166
157.65
(2) The department of justice or any district attorney, upon informing
7the department of justice, may commence an action in circuit court in the name of
8the state to restrain by temporary or permanent injunction any violation of this
9subchapter. The court may, prior to entry of final judgment, make such orders or
10judgments as may be necessary to restore to any person any pecuniary loss suffered
11because of the acts or practices involved in the action, if proof of such loss is submitted
12to the satisfaction of the court. The department of justice may subpoena persons and
13require the production of books and other documents, and may request
the board, the
14department of regulation and licensing
, or the department of commerce to exercise
15its authority under sub. (1) to aid in the investigation of alleged violations of this
16subchapter.".".
SB55-ASA1-AA1-AA30,45,21
20423.102 Scope. This chapter applies to all consumer transactions, except that
21subch. II does not apply to cemetery preneed sales under
s. ss. 440.92
and 440.922.".
SB55-ASA1-AA1-AA30,46,6
1440.03
(1) The department may promulgate rules defining uniform procedures
2to be used by the department,
the cemetery board, the real estate board, the real
3estate appraisers board, and all examining boards and affiliated credentialing
4boards attached to the department or an examining board, for receiving, filing
, and
5investigating complaints, for commencing disciplinary proceedings and for
6conducting hearings.
SB55-ASA1-AA1-AA30,46,118
440.03
(3) If the secretary reorganizes the department, no modification may
9be made in the powers and responsibilities of the examining boards
or, affiliated
10credentialing boards
, or other boards attached to the department or an examining
11board under s.
15.03, 15.405
, or 15.406.
