AB588,11,3
1(4) Department powers and duties. (a) The department shall promulgate rules
2establishing requirements and procedures to make disbursements from the
3appropriation under s. 20.165 (1) (q) to trustees.
AB588,11,54 (b) If appointed as a trustee under sub. (2) (b), the department shall have all
5the powers and duties specified in sub. (3).
AB588,11,76 (c) The department may promulgate rules to carry out the purposes of this
7section.
AB588,11,9 8(5) Termination of trusteeship. A court that appointed a trustee shall
9terminate the trusteeship if any of the following applies:
AB588,11,1310 (a) The owner or operator of a cemetery or mausoleum demonstrates to the
11satisfaction of the court that the conditions that necessitated the trusteeship have
12been remedied and that it is competent and capable of managing the cemetery or
13mausoleum.
AB588,11,1714 (b) The court finds that a new operator is competent and capable of managing
15the cemetery or mausoleum. Upon making a finding under this paragraph, the court
16shall approve the transfer of the management of the cemetery or mausoleum to the
17new operator.
AB588,11,2018 (c) The court approves the sale or transfer of a cemetery or mausoleum to the
19state, or to another public or private owner that the court finds is capable and
20competent to manage the cemetery or mausoleum on a financially sound basis.
AB588,11,2221 (d) The court approves the closure of a cemetery or mausoleum after all human
22remains have been removed and reinterred.
AB588, s. 19 23Section 19. 157.128 (3) (b) of the statutes is amended to read:
AB588,12,3
1157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be
2dedicated by a cemetery authority that is not required to be registered under s.
3440.91 (1) and
that is not organized or conducted for pecuniary profit.
AB588, s. 20 4Section 20. 157.19 (5) (a) of the statutes is amended to read:
AB588,12,115 157.19 (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, 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.
AB588, s. 21 12Section 21. 157.61 of the statutes is created to read:
AB588,12,14 13157.61 Identification of human remains. (1) In this section, "identification
14tag" means a tag that identifies a decedent.
AB588,12,20 15(2) The department shall promulgate rules that require a funeral director who
16prepares a dead human body for burial to attach an identification tag to the human
17remains and to the exterior of a casket or burial vault that is used for burial of the
18human remains. The rules shall also require a person who cremates human remains
19to attach an identification tag to the interior and exterior of the cemetery
20merchandise and mausoleum space that is used to contain the human remains.
AB588,12,24 21(3) No cemetery authority may accept human remains for burial unless the
22identification tags specified in sub. (2) have been attached to the casket and burial
23vault, or cemetery merchandise and mausoleum space, that is used for burial of the
24human remains.
AB588, s. 22 25Section 22. 157.62 (1) (a) (intro.) of the statutes is amended to read:
AB588,13,6
1157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
2cemetery association shall file an annual report with the department of financial
3institutions. The report shall be made on a calendar-year basis unless the
4department of financial institutions, by rule, provides for other reporting periods.
5The report is due on the 60th day after the last day of the reporting period. The
6annual report shall include all of the following:
AB588, s. 23 7Section 23. 157.62 (2) (a) of the statutes is amended to read:
AB588,13,138 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every Every
9cemetery authority shall file an annual report with the department. The report shall
10be made on a form prescribed and furnished by the department. The report shall be
11made on a calendar-year basis unless the department, by rule, provides for other
12reporting periods. The report is due on the 60th day after the last day of the reporting
13period.
AB588, s. 24 14Section 24. 157.62 (2) (b) 8. of the statutes is created to read:
AB588,13,1815 157.62 (2) (b) 8. Information that identifies the location of all human remains
16that are buried at the cemetery operated by the cemetery authority. The department
17shall promulgate rules that establish requirements for providing information under
18this subdivision.
AB588, s. 25 19Section 25. 157.62 (2) (e) of the statutes is created to read:
AB588,13,2220 157.62 (2) (e) The department shall provide a copy of each report filed under
21par. (a) to the city, village or town in which the cemetery that the cemetery authority
22operates is located.
AB588, s. 26 23Section 26. 157.62 (6) of the statutes is amended to read:
AB588,14,624 157.62 (6) Audit. Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9)
25(e), the
The department may shall audit, at reasonable times and frequency, the

1records, trust funds and accounts of any cemetery authority, including records, trust
2funds and accounts pertaining to services provided by a cemetery authority which
3are not otherwise subject to the requirements under this chapter. The department
4may shall conduct audits under this subsection on a random basis, and shall conduct
5all audits under this subsection without providing prior notice to the cemetery
6authority.
AB588, s. 27 7Section 27. 157.625 of the statutes is repealed.
AB588, s. 28 8Section 28. 157.63 of the statutes is repealed.
AB588, s. 29 9Section 29. 157.64 (2) (f) of the statutes is repealed.
AB588, s. 30 10Section 30. 157.64 (2) (h) of the statutes is created to read:
AB588,14,1111 157.64 (2) (h) Violates s. 157.112.
AB588, s. 31 12Section 31. 157.64 (3) of the statutes is amended to read:
AB588,14,1413 157.64 (3) Any person who intentionally commits an act specified under sub.
14(2) (a) to (f) (e) with intent to defraud may be punished for theft under s. 943.20.
AB588, s. 32 15Section 32. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and
16amended to read:
AB588,14,2017 440.03 (13) (a) The Except as provided in par. (b), the department may conduct
18an investigation to determine whether an applicant for a credential issued under chs.
19440 to 480 satisfies any of the eligibility requirements specified for the credential,
20including whether the applicant does not have an arrest or conviction record.
AB588,15,2 21(c) In conducting an investigation under this subsection par. (a) or (b), the
22department may require an applicant to provide any information that is necessary
23for the investigation or, for the purpose of obtaining information related to an arrest
24or conviction record of an applicant, to complete forms provided by the department
25of justice or the federal bureau of investigation. The department shall charge the

1applicant any fees, costs or other expenses incurred in conducting the investigation
2under this subsection par. (a) or (b).
AB588, s. 33 3Section 33. 440.03 (13) (b) of the statutes is created to read:
AB588,15,74 440.03 (13) (b) Before granting a credential to a cemetery authority, cemetery
5salesperson or preneed seller, or renewing such a credential, the department shall
6conduct an investigation to determine whether a person specified in s. 440.93 (1)
7(intro.) has been convicted of an offense specified in s. 440.93 (1) (d).
AB588, s. 34 8Section 34. 440.91 (1) of the statutes is amended to read:
AB588,15,149 440.91 (1) Except as provided in sub. (6m), every Every cemetery authority that
10sells or solicits the sale of a total of 10 or more cemetery lots or mausoleum spaces
11during a calendar year and that pays any commission or other compensation to any
12person for selling or soliciting the sale of its cemetery lots or mausoleum spaces
shall
13register with the department. The registration shall be in writing and shall include
14the names of the officers of the cemetery authority.
AB588, s. 35 15Section 35. 440.91 (2) (intro.) of the statutes is amended to read:
AB588,15,2516 440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual
17who sells or solicits the sale of, or who expects to sell or solicit the sale of, a total of
1810 or more cemetery lots or mausoleum spaces during a calendar year shall register
19with the department. An individual may not be registered as a cemetery salesperson
20except upon the written request of a cemetery authority and the payment of the fee
21specified in s. 440.05 (1). The cemetery authority shall certify in writing to the
22department that the individual is competent to act as a cemetery salesperson.
23Within 10 days after the certification of any cemetery salesperson, the cemetery
24salesperson shall verify and furnish to the department, in such form as the
25department prescribes, all of the following information:
AB588, s. 36
1Section 36. 440.91 (6m) and (7) of the statutes are repealed.
AB588, s. 37 2Section 37. 440.92 (1) (a) of the statutes is amended to read:
AB588,16,73 440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual
4who sells or solicits the sale of cemetery merchandise or an undeveloped space under
5a preneed sales contract and, if the individual is employed by or acting as an agent
6for a cemetery authority or any other person, that cemetery authority or other person
7is required to be registered under this subsection.
AB588, s. 38 8Section 38. 440.92 (9) of the statutes is repealed.
AB588, s. 39 9Section 39. 440.92 (10) of the statutes is amended to read:
AB588,16,1210 440.92 (10) Exemptions; certain nonprofit cemeteries. This section does not
11apply to a cemetery authority that is not required to be registered under s. 440.91
12(1) and
that is not organized or conducted for pecuniary profit.
AB588, s. 40 13Section 40. 440.95 (4) (d) of the statutes is repealed.
AB588, s. 41 14Section 41. 445.12 (1m) of the statutes is created to read:
AB588,16,1715 445.12 (1m) No funeral director may prepare a dead human body for burial
16unless the funeral director attaches identification tags as required under the rules
17promulgated under s. 157.61 (2).
AB588, s. 42 18Section 42. Initial applicability.
AB588,16,2019 (1) The treatment of sections 69.18 (1) (bm) (intro.) and 69.22 (1) (d) of the
20statutes first applies to certificates filed on the effective date of this subsection.
AB588,16,2221 (2) The treatment of section 69.22 (1) (a) and (e) of the statutes first applies to
22certificates issued on the effective date of this subsection.
AB588,16,2423 (3) The treatment of section 157.10 of the statutes first applies to burials on the
24effective date of this subsection.
AB588,17,2
1(4) The treatment of section 157.105 of the statutes first applies to sales
2contracts entered into, modified or extended on the effective date of this subsection.
AB588,17,53 (5) The treatment of section 440.03 (13) (b) of the statutes and the renumbering
4and amendment of section 440.03 (13) of the statutes first apply to applications for
5credentials or credential renewals received on the effective date of this subsection.
AB588, s. 43 6Section 43. Effective date.
AB588,17,87 (1) This act takes effect on the first day of the 3rd month beginning after
8publication.
AB588,17,99 (End)
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