Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,692,11 1261. Page 948, line 20: after that line insert:

SB55-SSA1-CA1,692,12 " Section 2850Ldc. 149.143 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,692,19 149.143 (1) (intro.) The department shall pay or recover the operating costs of the plan from the appropriation under s. 20.435 (4) (v) and administrative costs of the plan from the appropriation under s. 20.435 (4) (u). For purposes of determining premiums, insurer assessments under s. 149.13, and provider payment rate adjustments, the department shall apportion and prioritize responsibility for payment or recovery of plan costs from among the moneys constituting the fund as follows:

SB55-SSA1-CA1, s. 2850Ldm Section 2850Ldm. 149.143 (1) (b) 1. a. of the statutes is amended to read:

SB55-SSA1-CA1,693,6 149.143 (1) (b) 1. a. First, from premiums from eligible persons with coverage under s. 149.14 (2) (a) set at 150% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan and from eligible persons with coverage under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including amounts received for premium and deductible subsidies under s. 149.144 and under the transfer to the fund from the appropriation account under s. 20.435 (4) (ah), and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), and from 50% of small employer insurer assessments under s. 149.135.".

SB55-SSA1-CA1,693,8 1262. Page 948, line 23: delete "assessments, excluding" and substitute "assessments under s. 149.13, excluding".

SB55-SSA1-CA1,693,9 1263. Page 949, line 2: after that line insert:

SB55-SSA1-CA1,693,10 " Section 2850Lem. 149.143 (1) (b) 2. a. of the statutes is amended to read:

SB55-SSA1-CA1,693,13 149.143 (1) (b) 2. a. Fifty percent from insurer assessments under s. 149.13, excluding assessments under s. 149.144, and from 50% of small employer insurer assessments under s. 149.135.".

SB55-SSA1-CA1,693,15 1264. Page 950, line 17: delete "assessments," and substitute "assessments under s. 149.13,".

SB55-SSA1-CA1,693,17 1265. Page 951, line 25: delete "assessments," and substitute "assessments under s. 149.13,".

SB55-SSA1-CA1,693,18 1266. Page 957, line 3: after that line insert:

SB55-SSA1-CA1,693,20 " Section 2852bb. 157.061 (1) of the statutes is renumbered 157.061 (1c) and amended to read:

SB55-SSA1-CA1,693,22 157.061 (1c) "Burial" means entombment, inurnment or, interment, or placement in a mausoleum, vault, crypt, or columbarium.

SB55-SSA1-CA1, s. 2852bf Section 2852bf. 157.061 (1d) of the statutes is created to read:

SB55-SSA1-CA1,694,4 157.061 (1d) "Burial space" means a space that is used or intended to be used for the burial of human remains and, when used in reference to the sale, purchase, or ownership of a burial space, includes the right to bury human remains in the burial space.

SB55-SSA1-CA1, s. 2852bj Section 2852bj. 157.061 (1p) of the statutes is created to read:

SB55-SSA1-CA1,694,7 157.061 (1p) "Cemetery" means a place that is dedicated to and used or intended to be used for the final disposition of human remains.

SB55-SSA1-CA1, s. 2852bL Section 2852bL. 157.061 (2m) of the statutes is amended to read:

SB55-SSA1-CA1,694,11 157.061 (2m) "Cemetery lot" means a grave or 2 or more contiguous graves and, when used in reference to the sale, purchase or ownership of a cemetery lot, includes the right to bury human remains in that cemetery lot.

SB55-SSA1-CA1, s. 2852bn Section 2852bn. 157.061 (3) of the statutes is amended to read:

SB55-SSA1-CA1,694,18 157.061 (3) "Cemetery merchandise" means goods associated with the burial of human remains, including monuments, markers, nameplates, vases, and urns, and any services that are associated with supplying or delivering those goods or with the burial of human remains and that may be lawfully provided by a cemetery authority, including opening and closing of a burial space. The term does not include caskets or outer burial containers.

SB55-SSA1-CA1, s. 2852bp Section 2852bp. 157.061 (3g) of the statutes is created to read:

SB55-SSA1-CA1,694,21 157.061 (3g) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremains.

SB55-SSA1-CA1, s. 2852br Section 2852br. 157.061 (3r) of the statutes is created to read:

SB55-SSA1-CA1,694,24 157.061 (3r) "Columbarium space" means a niche, crypt, or specific place in a columbarium that contains or is intended to contain cremains.

SB55-SSA1-CA1, s. 2852bt Section 2852bt. 157.061 (8g) of the statutes is created to read:

SB55-SSA1-CA1,695,3 157.061 (8g) "Lawn crypt" means an interment space in chambers that are preplaced at either a single depth or multiple depths and that are located primarily underground.

SB55-SSA1-CA1, s. 2852bx Section 2852bx. 157.061 (11r) of the statutes is amended to read:

SB55-SSA1-CA1,695,10 157.061 (11r) "Payment of principal" means the portion of a payment for the purchase of a cemetery lot, cemetery merchandise or a mausoleum burial space that represents the principal amount owed by the purchaser for the cemetery lot, cemetery merchandise or mausoleum burial space, and does not include any portion of the payment that represents any taxes, finance or interest charges , or insurance premiums.

SB55-SSA1-CA1, s. 2852da Section 2852da. 157.061 (15) of the statutes is amended to read:

SB55-SSA1-CA1,695,14 157.061 (15) "Religious association" means any church, synagogue, or mosque or any, incorporated college of a religious order, or religious society organized under ch. 187.

SB55-SSA1-CA1, s. 2852dc Section 2852dc. 157.061 (15m) of the statutes is created to read:

SB55-SSA1-CA1,695,17 157.061 (15m) "Religious cemetery authority" means a cemetery authority of a cemetery owned and operated by a religious association.

SB55-SSA1-CA1, s. 2852de Section 2852de. 157.061 (17) of the statutes is amended to read:

SB55-SSA1-CA1,695,21 157.061 (17) "Undeveloped space" means a mausoleum space, columbarium space, or lawn crypt that is not ready for the burial of human remains on the date of the sale of the mausoleum space, columbarium space, or lawn crypt.

SB55-SSA1-CA1, s. 2852dk Section 2852dk. 157.062 (3) of the statutes is amended to read:

SB55-SSA1-CA1,696,3 157.062 (3) Validation. When there shall have been a bona fide attempt to organize a cemetery association, but a failure to record a properly drawn and executed certificate of organization, and it has in good faith bought and platted grounds and conveyed cemetery lots burial spaces and carried on business for over 25 years, the same shall be a body corporate from the date of conveyance to it of real estate, and its transfers and other transactions are validated.

SB55-SSA1-CA1, s. 2852dm Section 2852dm. 157.062 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,696,12 157.062 (4) (a) An annual election shall be held during the annual meeting. The annual meeting, and any special meeting described in sub. (2), shall be held at a place in the county chosen by the trustees upon public notice as required by the bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots burial spaces in the cemetery, residents of the state, and hold office for 3 years. Election shall be by ballot and a plurality shall elect. Each owner of one or more cemetery lots burial spaces is entitled to one vote, and one of several owners of a cemetery lot burial space, designated by the majority of them, shall cast the vote.

SB55-SSA1-CA1, s. 2852ds Section 2852ds. 157.062 (6) (c) of the statutes is amended to read:

SB55-SSA1-CA1,696,24 157.062 (6) (c) If an association is dissolved under par. (a) or any group has never been properly organized as cemetery association, and there are fewer than 5 members living or residing in the county where the cemetery is located, the circuit judge for the county shall upon the petition of any person interested, make an order determining who are persons interested in the cemetery. Any adult person who owns an interest in any cemetery lot burial space in the cemetery, who is related to any person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece, or surviving spouse of a member of the dissolved association, is an interested person. The circuit judge may make the order upon evidence he or she deems sufficient, with or without hearing. The order need not contain the names of all persons interested, but shall contain the names of at least 5 such persons.

SB55-SSA1-CA1, s. 2852dt Section 2852dt. 157.062 (9) of the statutes is amended to read:

SB55-SSA1-CA1,697,8 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution, or copy of proceedings to the department of financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that does not operate a cemetery that is located in a county with a population greater than 600,000 shall deliver the certification, resolution, or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

SB55-SSA1-CA1, s. 2852dy Section 2852dy. 157.064 (2) of the statutes is amended to read:

SB55-SSA1-CA1,697,14 157.064 (2) A cemetery or religious association incorporated in this state and having a cemetery in or near a 1st or 2nd class city and any cemetery described under s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands for cemetery purposes, and may pay for it wholly or partly from its cemetery lot burial space sales.

SB55-SSA1-CA1, s. 2852fb Section 2852fb. 157.064 (6) of the statutes is amended to read:

SB55-SSA1-CA1,698,3 157.064 (6) Whenever the majority of the members of a cemetery association, or of a religious association authorized to hold lands for cemetery purposes, present at an annual meeting or special meeting called for such purpose vote to convey all of the cemetery association's or religious association's cemetery property, trust funds and other property used for cemetery purposes to another cemetery association or religious association, the trustees of the association shall transfer the property upon the acceptance of the transfer by the other association by affirmative vote of a majority of its members present at an annual meeting or special meeting called for that purpose. Upon such acceptance, the title to the cemetery property, trust funds and other property of the transferring association vests in the accepting association under the control of the trustees of the accepting association. A conveyance under this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious society organized under ch. 187 cemetery authority.

SB55-SSA1-CA1, s. 2852fd Section 2852fd. 157.065 (1) (b) 4. of the statutes is repealed.

SB55-SSA1-CA1, s. 2852fh Section 2852fh. 157.07 (1) of the statutes is amended to read:

SB55-SSA1-CA1,698,12 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a land surveyor registered in this state those portions of the lands that are from time to time required for burial, into cemetery lots burial spaces, drives, and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town, in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

SB55-SSA1-CA1, s. 2852fj Section 2852fj. 157.07 (5) of the statutes is amended to read:

SB55-SSA1-CA1,698,25 157.07 (5) The cemetery authority may vacate or replat any portion of its cemetery upon the filing of a petition with the circuit court describing the portion and setting forth the facts and reasons therefor. The court shall fix a time for hearing and direct publication of a class 3 notice, under ch. 985, and the court shall order a copy of the notice to be mailed to at least one interested person, as to each separate parcel involved, whose post-office address is known or can be ascertained with reasonable diligence, at least 20 days before such hearing. If the court finds that the proposed vacating or replatting is for the best interest of the cemetery authority and that the rights of none to whom cemetery lots burial spaces have been conveyed will be injured, it shall enter an order reciting the jurisdictional facts and its findings and authorizing the vacating or replatting of the lands of the cemetery. The order shall be effective when recorded by the register of deeds.

SB55-SSA1-CA1, s. 2852fL Section 2852fL. 157.07 (6) of the statutes is amended to read:

SB55-SSA1-CA1,699,3 157.07 (6) This section does not apply to a religious society organized under ch. 187 cemetery authority.

SB55-SSA1-CA1, s. 2852fn Section 2852fn. 157.08 (1) of the statutes is amended to read:

SB55-SSA1-CA1,699,11 157.08 (1) After the plat or map is recorded under s. 157.07, the cemetery authority may sell and convey cemetery lots burial spaces. Conveyances shall be signed by the chief officer of the cemetery authority, and by the secretary or clerk of the cemetery authority, if any. Before delivering the conveyance to the grantee, the cemetery authority shall enter on records kept for that purpose, the date and consideration and the name and residence of the grantee. The conveyances may be recorded with the register of deeds.

SB55-SSA1-CA1, s. 2852fp Section 2852fp. 157.08 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,699,18 157.08 (2) (a) If a cemetery lot or mausoleum burial space is sold by a cemetery authority and used or intended to be used for the burial of the human remains of the purchaser or the purchaser's family members, the purchaser's interests in the ownership of, title to, or right to use the cemetery lot or mausoleum burial space are not affected or limited by any claims or liens of other persons against the cemetery authority.

SB55-SSA1-CA1, s. 2852fr Section 2852fr. 157.08 (2) (b) of the statutes is amended to read:

SB55-SSA1-CA1,699,22 157.08 (2) (b) 1. Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the department in writing.

SB55-SSA1-CA1,700,3 3. If within 60 days after the department is notified of the proposed sale or encumbrance under subd. 1. or 1m. the department notifies the cemetery authority in writing that the department objects to the sale or encumbrance proposed action, the cemetery authority may not sell or encumber the cemetery land take the action unless the department subsequently notifies the cemetery authority in writing that the objection is withdrawn.

SB55-SSA1-CA1,700,9 4. The department may object to a sale or encumbrance an action under subd. 3. only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum burial spaces will not be adequately protected if the sale or encumbrance occurs action is taken. The department shall promulgate rules that establish requirements and procedures for making a determination under this subdivision.

SB55-SSA1-CA1,700,14 5. The department may, before the expiration of the 60-day period under subd. 3., notify the cemetery authority in writing that the department approves of the sale or encumbrance action. Upon receipt of the department's written approval, the cemetery authority may sell or encumber the cemetery land take the action and is released of any liability under this paragraph.

SB55-SSA1-CA1,700,16 6. The department shall make every effort to make determinations under this paragraph in an expeditious manner.

SB55-SSA1-CA1, s. 2852ft Section 2852ft. 157.08 (2) (b) 1m. of the statutes is created to read:

SB55-SSA1-CA1,700,20 157.08 (2) (b) 1m. Before a cemetery authority of a cemetery in a county with a population greater than 600,000 takes any of the following actions, the cemetery authority shall notify the department in writing:

SB55-SSA1-CA1,700,22 a. Transfers ownership or control of 50% or more of the assets or stock of the cemetery.

SB55-SSA1-CA1,700,24 b. Engages in a transaction that results in a person acquiring ownership or control of 50% or more of the stock of the cemetery.

SB55-SSA1-CA1,701,2 c. Transfers responsibility for management or operation of the cemetery authority.

SB55-SSA1-CA1, s. 2852fu Section 2852fu. 157.08 (2) (b) 2. of the statutes is created to read:

SB55-SSA1-CA1,701,5 157.08 (2) (b) 2. The department shall promulgate rules that specify the documentation that must be submitted with a notification under subds. 1. and 1m.

SB55-SSA1-CA1, s. 2852fw Section 2852fw. 157.08 (5) of the statutes is amended to read:

SB55-SSA1-CA1,701,11 157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society organized under ch. 187, cemetery authority and sub. (2) (b) does not apply to a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that does not operate a cemetery that is located in a county with a population greater than 600,000.".

SB55-SSA1-CA1,701,12 1267. Page 957, line 4: delete lines 4 to 20 and substitute:

SB55-SSA1-CA1,701,13 " Section 2852fx. 157.10 (title) of the statutes is amended to read:

SB55-SSA1-CA1,701,14 157.10 (title) Alienation and use of cemetery lots burial spaces.

SB55-SSA1-CA1, s. 2852gb Section 2852gb. 157.10 of the statutes is renumbered 157.10 (1) and amended to read:

SB55-SSA1-CA1,702,2 157.10 (1) While any person is buried in a cemetery lot burial space, the cemetery lot burial space shall be inalienable, without the consent of the cemetery authority, and on the death of the owner, ownership of the cemetery lot burial space shall descend to the owner's heirs; but any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot burial space. No human remains may be buried in a cemetery lot burial space except the human remains of one having an interest in the cemetery lot burial space, or a relative, or the husband or wife of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot burial space.

SB55-SSA1-CA1, s. 2852hb Section 2852hb. 157.10 (2) of the statutes is created to read:

SB55-SSA1-CA1,702,7 157.10 (2) The department shall promulgate rules that interpret the requirements of this section and require any person who transfers an interest in a burial space to provide the transferee with a written notice, prepared by the department, that describes the requirements of this section.

SB55-SSA1-CA1, s. 2852jd Section 2852jd. 157.11 (title) of the statutes is amended to read:

SB55-SSA1-CA1,702,10 157.11 (title) Improvement and care of cemetery lots burial spaces and grounds.

SB55-SSA1-CA1, s. 2852jf Section 2852jf. 157.11 (1m) of the statutes is created to read:

SB55-SSA1-CA1,702,15 157.11 (1m) Duty to maintain. A cemetery authority of a cemetery in a county with a population greater than 600,000 shall maintain a cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences, buildings, and other structures, in a reasonable manner at all times.

SB55-SSA1-CA1, s. 2852jh Section 2852jh. 157.11 (2) of the statutes is amended to read:

SB55-SSA1-CA1,703,5 157.11 (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.

SB55-SSA1-CA1, s. 2852jj Section 2852jj. 157.11 (3) of the statutes is amended to read:

SB55-SSA1-CA1,703,13 157.11 (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.