SB55-SSA1-CA1,720,1817
157.128
(2) (b) The religious
association cemetery authority is responsible for
18all liabilities of the cemetery.
SB55-SSA1-CA1,720,2120
157.128
(2) (c) The total acreage of all other cemeteries owned by the religious
21association cemetery authority exceeds 20 acres.
SB55-SSA1-CA1,721,223
157.128
(3) (b) A cemetery consisting of less than 20 contiguous acres may be
24dedicated by a cemetery authority that is not required to be registered under s.
1440.91 (1)
and, that is not organized or conducted for pecuniary profit
, and that is not
2located in a county with a population greater than 600,000.
SB55-SSA1-CA1,721,164
157.19
(2) (c) Upon request of the financial institution, the preneed seller, as
5defined in s. 440.90 (8), shall furnish the financial institution with a copy of the
6preneed sales contract. Except as provided in
s. 440.92 (2) (c), (f) and (j) and (5) ss.
7440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or
8dividends that have accumulated on the preneed trust funds, may not be withdrawn
9until all obligations under the preneed sales contract have been fulfilled. The
10financial institution is not responsible for the fulfillment of any part of the preneed
11sales contract, except that the financial institution shall release the preneed trust
12funds, and any interest or dividends that have accumulated on the preneed trust
13funds, as provided by the terms of the preneed sales contract. The trustee of a
14preneed trust fund may not be changed without the department's written approval.
15If the trustee or account number of a preneed trust fund is changed, the cemetery
16authority shall notify the department in writing within 30 days after the change.
SB55-SSA1-CA1,722,218
157.19
(4m) The department shall request proposals from financial
19institutions located in this state for the purpose of selecting a financial institution
20that cemetery authorities and preneed sellers may use as the trustee for care funds
21under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except
22as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to
23use the financial institution selected by the department. The financial institution
24selected under this subsection shall submit an annual report to the department, in
25a form and manner satisfactory to the department, that provides an accounting of
1all care funds and preneed trust funds for which the financial institution is the
2trustee.
SB55-SSA1-CA1,722,104
157.19
(5) (a) This section does not apply to care funds under s. 157.11 (9g) that
5are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds
6of a cemetery for which a certification under s. 157.63 is effective, or to preneed trust
7funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care
8funds or preneed trust funds of a cemetery authority that is not required to be
9registered under s. 440.91 (1)
and, that is not organized or conducted for pecuniary
10profit
, and that is not located in a county with a population greater than 600,000.
SB55-SSA1-CA1,722,1812
157.19
(5) (c) If the department determines that a cemetery authority of a
13cemetery in a county with a population greater than 600,000, or a preneed seller for
14such a cemetery authority, has violated any requirement under this subchapter or
15subch. VIII of ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or
16preneed trust funds under s. 440.92, the department may require the cemetery
17authority or preneed seller to use the financial institution selected under sub. (4m)
18as the trustee for the care funds or preneed trust funds.
SB55-SSA1-CA1,723,3
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-SSA1-CA1,723,10
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 of a cemetery in a county with a population greater than 600,000,
8other than a religious cemetery authority, for the burial of human remains, unless
9the person identifies the decedent by name on the exterior of the outer burial
10container or casket.
SB55-SSA1-CA1,723,1412
157.62
(2) (b) 1m. If the cemetery authority operates a cemetery in a county
13with a population greater than 600,000, the percentage of burial spaces at the
14cemetery that are available for sale.
SB55-SSA1-CA1,723,2116
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
17under sub. (2) (a) at its principal place of business and, except for those records
18relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
19the report available for inspection, upon reasonable notice, by any person with an
20interest in a
cemetery lot or a mausoleum burial space in a cemetery owned or
21operated by the cemetery authority.
SB55-SSA1-CA1,723,2423
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
24mausoleum burial space or cemetery merchandise.
SB55-SSA1-CA1,724,4
1157.62
(3) (c) Every cemetery authority of a cemetery in a county with a
2population greater than 600,000 that is registered under s. 440.91 (1) shall maintain
3records identifying the section, lot, and site of each burial space and showing the
4location of each burial space on a map.
SB55-SSA1-CA1,724,66
157.62
(4) (title)
Records maintenance
; inspection.
SB55-SSA1-CA1,724,129
157.62
(4) (b) A cemetery authority that operates a cemetery in a county with
10a population greater than 600,000 that is registered shall, upon reasonable notice,
11make the records and contract copies under sub. (3) (b) available for inspection and
12copying by the department.
SB55-SSA1-CA1,724,1715
157.62
(5) (a) The department may promulgate rules establishing minimum
16standards for the format and maintenance of records required under this section,
17except under sub. (1).
SB55-SSA1-CA1, s. 2852so
18Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
19amended to read:
SB55-SSA1-CA1,725,320
157.62
(6) (a) Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9) (e),
21the department may audit, at reasonable times and frequency, the records, trust
22funds
, and accounts of any cemetery authority
and shall audit the records, trust
23funds, and accounts of each registered cemetery authority of a cemetery in a county
24with a population greater than 600,000, including records, trust funds
, and accounts
25pertaining to services provided by a cemetery authority which are not otherwise
1subject to the requirements under this chapter. The department may conduct audits
2under this subsection on a random basis
, and
shall conduct all audits under this
3subsection without providing prior notice to the cemetery authority.
SB55-SSA1-CA1,725,115
157.62
(6) (b) If the department has cause to believe that a registered cemetery
6authority of a cemetery in a county with a population greater than 600,000 has not
7complied with the requirements of this subchapter or subch. VIII of ch. 440
8pertaining to trust funds and accounts, the department may require the cemetery
9authority to submit an audit conducted at the cemetery authority's expense by an
10independent certified public accountant in accordance with generally accepted
11auditing standards.
SB55-SSA1-CA1,725,17
13157.625 Reporting exemption for certain cemeteries. (1) A cemetery
14authority
of a cemetery that is not located in a county with a population that is
15greater than 600,000 and that is not required under this chapter or under s. 440.92
16to maintain any care funds or preneed trust funds is not required to file an annual
17report under s. 157.62 (2).
SB55-SSA1-CA1,725,20
18(2) A cemetery authority
of a cemetery that is not located in a county with a
19population that is greater than 600,000 and whose annual operating budget for the
20cemetery is $2,500 or less is not required to file an annual report under s. 157.62 (2).
SB55-SSA1-CA1,725,24
21(3) Section 157.62 does not apply to a cemetery authority that is not required
22to be registered under s. 440.91 (1)
and, that is not organized or conducted for
23pecuniary profit
, and that does not operate a cemetery in a county with a population
24that is greater than 600,000.
SB55-SSA1-CA1,726,3
1157.63 (title)
Reporting and auditing exemptions; certification of
2compliance of religious cemetery affiliated with religious society
3authority.
SB55-SSA1-CA1,726,105
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 6cemetery authority
of a cemetery that is affiliated with a religious society organized
7under ch. 187 or that religious society or the church, synagogue, mosque,
8incorporated college of a religious order, or religious society organized under ch. 187
9that is affiliated with a religious cemetery authority may file an annual certification
10with the department as provided in this section.
SB55-SSA1-CA1,726,1612
157.63
(2) (b) A notarized statement of a person who is legally authorized to
13act on behalf of the religious
society cemetery authority under this section that,
14during the reporting period under s. 157.62, each cemetery and the
religious 15cemetery authority of each cemetery specified under par. (a) have either fully
16complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
SB55-SSA1-CA1,726,2118
157.63
(3) If the statement under sub. (2) (b) includes a statement of
19substantial compliance, the statement under sub. (2) (b) must also specify those
20instances when the cemetery or
religious cemetery authority did not fully comply
21with s. 157.11 (9g) or 157.12 (3).
SB55-SSA1-CA1,727,223
157.63
(4) A certification under this section is effective for the 12-month period
24immediately following the reporting period under s. 157.62 (2) for which the
religious
1cemetery authority is certified under this section to have fully or substantially
2complied with ss. 157.11 (9g) and 157.12 (3).
SB55-SSA1-CA1,727,94
157.63
(6) The
church, synagogue, mosque, incorporated college of a religious
5order, or religious society that is affiliated with a cemetery to which a certification
6under this section applies is liable for the damages of any person that result from the
7failure of the cemetery or
religious cemetery authority to fully comply with s. 157.11
8(9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such
9compliance has been certified under this section.".
SB55-SSA1-CA1,727,14
12157.114 Duty to provide for burials. (1) In this section, "cemetery
13authority" does not include a municipality that takes control of a cemetery under s.
14157.115 (1) (b).
SB55-SSA1-CA1,727,18
15(2) A cemetery authority shall, insofar as practicable, provide for burials
16during each season, including winter. Nothing in this subsection may be construed
17to prohibit a cemetery authority from charging a reasonable fee to recover the costs
18related to providing for a burial during difficult weather conditions.".
SB55-SSA1-CA1,728,6
22157.635 Regulations of religious cemetery affiliated with religious
23society authorities. Nothing in this subchapter prohibits a
religious cemetery
24authority
of a cemetery that is affiliated with a religious society organized under ch.
1187 from prohibiting the burial of the human remains of an individual in the
2cemetery if the individual was in a class of individuals who are prohibited
from being
3buried in the cemetery under regulations adopted by the
religious cemetery
4authority or
church, synagogue, mosque, incorporated college of a religious order, or 5religious society
from being buried in the cemetery
that is affiliated with the religious
6cemetery authority.".
SB55-SSA1-CA1,728,99
157.64
(2) (e) Fails to maintain records as required in s. 157.62 (3) and (4)
(a).
SB55-SSA1-CA1,728,1211
157.64
(2) (h) Violates s. 157.112, if the violation occurs in a county with a
12population greater than 600,000.
SB55-SSA1-CA1,728,1714
157.65
(1) (b) If the department of commerce has reason to believe that any
15person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the
16continuation of that activity might cause injury to the public interest, the
17department of commerce
may shall investigate.".
SB55-SSA1-CA1,728,2321
165.017
(2) The attorney general or his or her designee shall review and
22approve or disapprove all proposed petitions
or petitions for commitment of
23individuals as specified under s. 51.20 (1) (ad) 1.
SB55-SSA1-CA1,729,94
165.25
(4) (a) The department of justice shall furnish all legal services required
5by the investment board, the lottery division in the department of revenue, the public
6service commission, the department of transportation, the department of natural
7resources,
the department of forestry, the department of tourism
, and the
8department of employee trust funds, together with any other services, including
9stenographic and investigational, as are necessarily connected with the legal work.".
SB55-SSA1-CA1,729,12
11"
Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin
12Act .... (this act), is amended to read:
SB55-SSA1-CA1,729,1813
165.25
(4) (ar) The department of justice shall furnish all legal services
14required by the department of agriculture, trade and consumer protection relating
15to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
16100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50
17and 100.51 and chs.
126, 136, 344, 704, 707, and 779, together with any other services
18as are necessarily connected to the legal services.".
SB55-SSA1-CA1,729,22
21165.72 (title)
Controlled
Dangerous weapons in public schools and
22controlled substances hotline and rewards for controlled substances tips.
SB55-SSA1-CA1,730,1
1165.72
(1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).
SB55-SSA1-CA1,730,53
165.72
(2) Hotline. (intro.) The department of justice shall maintain a
single 4toll-free telephone number during normal retail business hours, as determined by
5departmental rule, for
both all of the following:
SB55-SSA1-CA1,730,87
165.72
(2) (c) For persons to provide information anonymously regarding
8dangerous weapons in public schools.
