SB55-SSA1-SA2,450,2518
(c) An owner of a cemetery or mausoleum may petition the court in a proceeding
19under par. (b) for an order surrendering title to the cemetery or mausoleum to a new
20owner, other than the state, if the owner believes itself to be incapable of continuing
21to operate the cemetery or mausoleum. The court may grant the petition if it finds
22that the cemetery or mausoleum is neglected, abandoned, in disuse, improperly
23maintained, or financially unsound. If the court grants the petition, it shall transfer
24title to the cemetery or mausoleum to the new owner and appoint a trustee under par.
25(b).
SB55-SSA1-SA2,451,3
1(d) All disputes relating to the appointment of a trustee or the actions of a
2trustee appointed under this section shall be resolved by the court that appointed the
3trustee.
SB55-SSA1-SA2,451,4
4(3) Trustee powers and duties. (a) A trustee shall do each of the following:
SB55-SSA1-SA2,451,65
1. Be responsible for the management, maintenance, and operation of each
6cemetery or mausoleum under trusteeship.
SB55-SSA1-SA2,451,87
2. Comply with reporting requirements of s. 157.62 (2). A trustee shall provide
8the court with a copy of all reports filed under this subdivision.
SB55-SSA1-SA2,451,109
3. Provide the court with any additional information, records, or reports that
10the court may direct.
SB55-SSA1-SA2,451,1211
(b) A trustee may petition the court that appointed the trustee for any of the
12following:
SB55-SSA1-SA2,451,1413
1. Termination of the trusteeship and reversion of ownership and operation of
14a cemetery or mausoleum to the previous owner.
SB55-SSA1-SA2,451,1615
2. Termination of the trusteeship and transfer of ownership and operation of
16a cemetery or mausoleum to a new owner other than the state.
SB55-SSA1-SA2,451,1817
3. Removal and reinternment of human remains in accordance with the
18requirements of this subchapter.
SB55-SSA1-SA2,451,2019
4. Termination of the trusteeship and closure of a cemetery or mausoleum after
20removal and reinternment of human remains under subd. 3.
SB55-SSA1-SA2,451,2121
(c) A trustee may do any of the following:
SB55-SSA1-SA2,451,2422
1. Seek a new owner or operator of a cemetery or mausoleum, other than the
23state, including actively marketing the cemetery or mausoleum and taking any other
24action necessary or useful to effect the sale of the cemetery or mausoleum.
SB55-SSA1-SA2,451,2525
2. Assess burial spaces for cleaning, care, or improvement under s. 157.11 (7).
SB55-SSA1-SA2,452,2
13. Expend funds disbursed from the cemetery management insurance fund for
2the purpose of exercising its powers or carrying out its duties under this section.
SB55-SSA1-SA2,452,53
4. Employ professional, legal, and technical experts, and any such other
4managers, management personnel, agents, and employees as may be required, to
5exercise the trustee's powers or carry out the trustee's duties under this section.
SB55-SSA1-SA2,452,76
5. Take any other action necessary or useful to the management or trusteeship
7of a cemetery or mausoleum.
SB55-SSA1-SA2,452,11
8(4) Department and board powers and duties. (a) From the appropriation
9under s. 20.165 (1) (q), the board shall make disbursements to trustees. The
10department shall promulgate rules establishing requirements and procedures for
11making the disbursements.
SB55-SSA1-SA2,452,1312
(b) The department may promulgate rules to carry out the purposes of this
13section.
SB55-SSA1-SA2,452,15
14(5) Termination of trusteeship. A court that appointed a trustee shall
15terminate the trusteeship if any of the following applies:
SB55-SSA1-SA2,452,1916
(a) The owner or operator of a cemetery or mausoleum demonstrates to the
17satisfaction of the court that the conditions that necessitated the trusteeship have
18been remedied and that it is competent and capable of managing the cemetery or
19mausoleum.
SB55-SSA1-SA2,452,2320
(b) The court finds that a new operator is competent and capable of managing
21the cemetery or mausoleum. Upon making a finding under this paragraph, the court
22shall approve the transfer of the management of the cemetery or mausoleum to the
23new operator.
SB55-SSA1-SA2,453,3
1(c) The court approves the sale or transfer of a cemetery or mausoleum to a new
2owner, other than the state, that the court finds is capable and competent to manage
3the cemetery or mausoleum on a financially sound basis.
SB55-SSA1-SA2,453,54
(d) The court approves the closure of a cemetery or mausoleum after all human
5remains have been removed and reinterred.
SB55-SSA1-SA2,454,157
157.12
(2) (b) The department shall supervise construction of any public
8mausoleum and conversion of any building to a public mausoleum. Within 30 days
9after receiving written notice from the cemetery authority that the construction or
10conversion has been completed, the department shall inspect the public mausoleum
11and provide the cemetery authority with a written certification as to whether the
12construction or conversion complies with approved plans. If the department
13determines that, except for certain minor defects, the construction or conversion
14complies with the approved plans, the department may provide the cemetery
15authority with a written temporary certification of compliance that is contingent on
16the correction of those minor defects. A temporary certification is valid for a period
17designated by the department, not to exceed 6 months. No person may sell a
18mausoleum space, except an undeveloped space that is sold in accordance with
s. ss. 19440.92
and 440.922, or bury human remains in a public mausoleum unless a care
20fund has been established for the mausoleum under sub. (3) and the department has
21provided the cemetery authority with a certification or a temporary certification
22under this paragraph. If a cemetery authority that has been provided with a
23temporary certification notifies the department in writing before the date on which
24the temporary certification expires that the defects in the construction or conversion
25of the public mausoleum have been corrected, the department shall, within 30 days
1after receiving the notice, reinspect the public mausoleum and provide the cemetery
2authority with a written certification as to whether the construction or conversion
3complies with the approved plans. If a cemetery authority that has been provided
4with a temporary certification does not receive a written certification from the
5department before the date on which the temporary certification expires that the
6construction or conversion complies with the approved plans, then, beginning on the
7date on which the certification expires, no person may sell a mausoleum space, except
8an undeveloped space that is sold in accordance with
s. ss. 440.92
and 440.922, or
9bury human remains in the public mausoleum until the defects are corrected and the
10department subsequently inspects the public mausoleum and provides the cemetery
11authority with a certification that the construction or conversion complies with the
12approved plans. The department may charge a reasonable fee to the cemetery
13authority for each inspection and certification provided under this paragraph if the
14inspection and certification are provided within the applicable 30-day period
15prescribed under this paragraph.
SB55-SSA1-SA2,455,717
157.12
(3) (b) The cemetery's treasurer is the custodian of the fund. The
18treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
19approved by the department of regulation and licensing to indemnify the cemetery
20against loss if the treasurer fails to maintain the fund.
The amount of the bond shall
21be no less than the total of all payments of principal required under this section as
22stated in the most recent annual report filed by the cemetery authority under s.
23157.62. No indemnity is required if the terms of sale of a mausoleum space require
24the purchaser to pay directly to a trust company in the state, designated by the
25cemetery as custodian of the fund. The fund shall be invested as provided in s.
1157.19
, and the manner in which the care funds are invested may not permit the
2withdrawal of the fund's principal amount, but may permit the withdrawal of
3interest, dividends, or capital gains earned during the most recently completed
4calendar year. Income from investment may be used only to maintain the
5mausoleum, except that if the amount of income exceeds the amount necessary to
6properly maintain the mausoleum the excess amount may be used to maintain any
7portion of the cemetery.
SB55-SSA1-SA2,455,10
9157.125 (title)
Trustees for the care of cemeteries or cemetery lots
10burial spaces.
SB55-SSA1-SA2,455,1612
157.125
(2) If the burial place or grave is located in a cemetery owned and
13operated by a religious
society organized under ch. 187 cemetery authority, the court
14shall name the religious
society cemetery authority as the trustee unless the
15religious
society cemetery authority petitions the court to name the county treasurer
16as the trustee.
SB55-SSA1-SA2,455,1918
157.128
(2) (a) The cemetery is owned by a religious
association cemetery
19authority.
SB55-SSA1-SA2,455,2221
157.128
(2) (b) The religious
association cemetery authority is responsible for
22all liabilities of the cemetery.
SB55-SSA1-SA2,455,2524
157.128
(2) (c) The total acreage of all other cemeteries owned by the religious
25association cemetery authority exceeds 20 acres.
SB55-SSA1-SA2,456,42
157.128
(3) (b) A cemetery consisting of less than 20 contiguous acres may be
3dedicated by a cemetery authority that is not required to be
registered licensed under
4s. 440.91 (1)
and that is not organized or conducted for pecuniary profit.
SB55-SSA1-SA2,456,186
157.19
(2) (c) Upon request of the financial institution, the preneed seller, as
7defined in s. 440.90 (8), shall furnish the financial institution with a copy of the
8preneed sales contract. Except as provided in
s. 440.92 (2) (c), (f) and (j) and (5) ss.
9440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or
10dividends that have accumulated on the preneed trust funds, may not be withdrawn
11until all obligations under the preneed sales contract have been fulfilled. The
12financial institution is not responsible for the fulfillment of any part of the preneed
13sales contract, except that the financial institution shall release the preneed trust
14funds, and any interest or dividends that have accumulated on the preneed trust
15funds, as provided by the terms of the preneed sales contract. The trustee of a
16preneed trust fund may not be changed without the department's written approval.
17If the trustee or account number of a preneed trust fund is changed, the cemetery
18authority shall notify the department in writing within 30 days after the change.
SB55-SSA1-SA2,457,420
157.19
(4m) The department shall request proposals from financial
21institutions located in this state for the purpose of selecting a financial institution
22that cemetery authorities and preneed sellers may use as the trustee for care funds
23under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except
24as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to
25use the financial institution selected by the department. The financial institution
1selected under this subsection shall submit an annual report to the department, in
2a form and manner satisfactory to the department, that provides an accounting of
3all care funds and preneed trust funds for which the financial institution is the
4trustee.
SB55-SSA1-SA2,457,126
157.19
(5) (a) This section does not apply to care funds under s. 157.11 (9g) that
7are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds
8of a cemetery for which a certification under s. 157.63 is effective, or to preneed trust
9funds of a cemetery for which a certification under s. 440.92 (9) is effective
, or to care
10funds or preneed trust funds of a cemetery authority that is not required to be
11registered under s. 440.91 (1) and that is not organized or conducted for pecuniary
12profit.
SB55-SSA1-SA2,457,1914
157.19
(5) (c) If the department determines that a cemetery authority or
15preneed seller has violated any requirement under this subchapter or subch. VIII of
16ch. 440 relating to care funds under s. 157.11 (9g) and 157.12 (3) or preneed trust
17funds under s. 440.92, the department may require the cemetery authority or
18preneed seller to use the financial institution selected under sub. (4m) as the trustee
19for the care funds or preneed trust funds.
SB55-SSA1-SA2,458,4
21157.60 Public easement in cemetery. Any person who shall open or make
22any highway, town way
, or private way or shall construct any railroad, turnpike
, or
23canal or anything in the nature of a public easement over, through, in
, or upon such
24part of any enclosure, being the property of any town, city, village
, or religious
society 25cemetery authority or of private proprietors, as may be used for the burial of the dead,
1unless an authority for that purpose shall be specially granted by law or unless the
2consent of such town, city, village, religious
society
cemetery authority, or private
3proprietors, respectively, shall be first obtained, shall be punished by imprisonment
4in the county jail not more than one year or by fine not exceeding $300.
SB55-SSA1-SA2,458,10
6157.61 Identification of human remains. A person may not provide an
7outer burial container or, if an outer burial container is not used, a casket, to a
8cemetery authority, other than a religious cemetery authority, for the burial of
9human remains, unless the person identifies the decedent by name on the exterior
10of the outer burial container or casket.
SB55-SSA1-SA2, s. 2852qz
12Section 2852qz. 157.62 (1) (a) 1., 2., 3., 4. and 5. of the statutes are
13renumbered 157.62 (2) (b) 7. a., b., c., d. and e.
SB55-SSA1-SA2,458,2317
157.62
(2) (a)
Except as provided in ss. 157.625 and 157.63 (1), every Every 18cemetery authority
that is licensed under s. 440.91 (1) and, except as provided in s.
19157.63 (1), every cemetery authority that is a religious cemetery authority shall file
20an annual report with the department. The report shall be made on a form
21prescribed and furnished by the department. The report shall be made on a
22calendar-year basis unless the department, by rule, provides for other reporting
23periods. The report is due on the 60th day after the last day of the reporting period.
SB55-SSA1-SA2,459,2
1157.62
(2) (b) 1. A copy of any report required under
sub. (1) (a) or s. 180.1622
2or 181.1622.
SB55-SSA1-SA2,459,54
157.62
(2) (b) 1m. The percentage of burial spaces at the cemetery that are
5available for sale.
SB55-SSA1-SA2,459,87
157.62
(2) (b) 2. If the cemetery authority is required to file a report under s.
8180.1622 or 181.1622, the information specified in
sub. (1) (a) 3 subd. 7. c.
SB55-SSA1-SA2, s. 2852sg
9Section 2852sg. 157.62 (2) (b) 7. of the statutes is renumbered 157.62 (2) (b)
107. (intro.) and amended to read:
SB55-SSA1-SA2,459,1311
157.62
(2) (b) 7. (intro.)
The information specified in sub. (1) (a), to the extent
12applicable, if If the cemetery
is not required to file a report under sub. (1) (a) or s.
13180.1622 or 181.1622. authority is a cemetery association, all of the following:
SB55-SSA1-SA2,459,2015
157.62
(3) (a) Every cemetery authority shall keep a copy of the report required
16under sub. (2) (a) at its principal place of business and, except for those records
17relating to accountings of trust funds described under sub. (2) (b) 3. to 7., shall make
18the report available for inspection, upon reasonable notice, by any person with an
19interest in a
cemetery lot or a mausoleum burial space in a cemetery owned or
20operated by the cemetery authority.
SB55-SSA1-SA2,459,2322
157.62
(3) (b) 3. A copy of each contract for the sale of a
cemetery lot,
23mausoleum burial space or cemetery merchandise.
SB55-SSA1-SA2,460,3
1157.62
(3) (c) Every cemetery licensed under s. 440.91 (1) shall maintain
2records identifying the section, lot, and site of each burial space and showing the
3location of each burial space on a map.
SB55-SSA1-SA2,460,55
157.62
(4) (title)
Records maintenance
; inspection.
SB55-SSA1-SA2,460,108
157.62
(4) (b) A cemetery authority shall, upon reasonable notice, make the
9records and contract copies under sub. (3) (b) available for inspection and copying by
10the board.
SB55-SSA1-SA2,460,1413
157.62
(5) (a) The department may promulgate rules establishing minimum
14standards for the format and maintenance of records required under this section.
SB55-SSA1-SA2, s. 2852so
15Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and
16amended to read:
SB55-SSA1-SA2,460,2517
157.62
(6) (a) Except as provided in ss.
157.625, 157.63 (5) and 440.92 (9) (e),
18the department may audit, at reasonable times and frequency, the records, trust
19funds
, and accounts of any
registered cemetery authority
and shall audit the records,
20trust funds, and accounts of each licensed cemetery authority, including records,
21trust funds
, and accounts pertaining to services provided by a cemetery authority
22which are not otherwise subject to the requirements under this chapter. The
23department may conduct audits under this subsection on a random basis
, and
shall
24conduct all audits under this subsection without providing prior notice to the
25cemetery authority.
SB55-SSA1-SA2,461,72
157.62
(6) (b) If the department or board has cause to believe that a licensed
3or registered cemetery authority has not complied with the requirements of this
4subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the
5department or board may require the cemetery authority to submit an audit
6conducted at the cemetery authority's expense by an independent certified public
7accountant in accordance with generally accepted auditing standards.
SB55-SSA1-SA2,461,12
10157.63 (title)
Reporting and auditing exemptions; certification of
11compliance of religious cemetery affiliated with religious society
12authority.
SB55-SSA1-SA2,461,1914
157.63
(1) In lieu of filing an annual report under s. 157.62 (2), a
religious 15cemetery authority
of a cemetery that is affiliated with a religious society organized
16under ch. 187 or that religious society or the church, synagogue, mosque,
17incorporated college of a religious order, or religious society organized under ch. 187
18that is affiliated with a religious cemetery authority may file an annual certification
19with the department as provided in this section.