AB776: Bill Text

The bill requires a trustee that is appointed to operate the cemetery or mausoleum and comply with the reporting requirements that apply to operators of cemeteries under current law as affected by the bill. The bill allows a trustee to seek a new owner or operator of the cemetery or mausoleum, to use the procedure under current law for assessing cemetery lots for cleaning, care, or improvement purposes, and to take any other action necessary or useful to the management or trusteeship of the cemetery or mausoleum. In addition, the trustee may petition the court for the following: 1) transfer of ownership of the cemetery or mausoleum to a new owner, other than the state; 2) reversion of ownership and operation of the cemetery or mausoleum to the previous owner; or 3) closure of the cemetery or mausoleum after removal and reinternment of human remains.

The court that appointed a trustee under the bill is required to terminate the trusteeship if the owner or operator of the cemetery or mausoleum demonstrates that the conditions that necessitated the trusteeship have been remedied. The court may also terminate the trusteeship if the court finds that a new owner or operator, other than the state, is competent and capable of managing the cemetery or mausoleum or if the court approves the closure of the cemetery or mausoleum.

The bill also creates a cemetery management insurance fund that may be used by a trustee to exercise its powers and carry out its duties under the bill. The fund consists of moneys collected from the following: 1) a $10 filing fee for death certificates; and 2) a $1 surcharge on copies of death certificates. DRL is required to promulgate rules that establish procedures and requirements for the cemetery board to make disbursements from the fund to trustees.

Cemetery reports and records

Under current law, with certain exceptions, cemetery authorities must submit annual reports to DRL that include financial and other information. Exempt from such requirements are cemetery authorities with annual operating budgets of $2,500 or less and certain nonprofit cemetery authorities. In addition, cemetery authorities for religious cemeteries may submit an annual certification to DRL, rather than the annual report.

Under this bill, any cemetery authority that is required to be licensed by DRL must submit the annual report. In addition, as under current law, a religious cemetery authority must submit an annual report unless the cemetery authority submits an annual certification to DRL. Also, the bill makes other changes regarding the reports, including the following: 1) the bill allows DRL to promulgate rules establishing minimum standards for certain records used to prepare the reports; 2) the bill eliminates a requirement under current law for certain cemetery associations to submit annual reports to the department of financial institutions; and 3) the bill requires licensed cemetery authorities to maintain records regarding the location of burial spaces.

Care funds and preneed trust funds

The bill also makes changes to current law regarding care funds for cemetery lots and preneed trust funds that are paid to preneed sellers under preneed contracts.

With respect to care funds, the requirements that apply to cemetery lots under current law apply to any burial space under the bill. Also, the bill eliminates the exemption from the requirements under current law that applies to nonprofit cemeteries. However, the bill maintains the exemption under current law that applies to religious cemeteries. In addition, the bill makes other changes, including the following: 1) the bill eliminates the exemption for certain nonprofit cemeteries from the requirement under current law to deposit 15% of each payment of principal on a cemetery lot into a care fund; and 2) the bill requires similar deposits into care funds for sales of lawn crypts or columbarium spaces, in addition to sales of cemetery lots.

The bill also requires DRL to request proposals from financial institutions located in this state for the purpose of selecting a financial institution that cemetery authorities and preneed sellers may use as the trustee for care funds and preneed trust funds. A cemetery authority or preneed seller is not required to use the trustee selected by DRL, unless DRL determines that the cemetery authority or preneed seller has violated any requirement regarding care funds or preneed trust funds.

Other changes

The bill makes other changes to current law regarding cemeteries, including the following:

1. The bill replaces certain references to "cemetery lot" with "burial space" and defines "burial space" as any space used or intended to be used for the burial of human remains, including by entombment, inurnment, interment, or placement in a mausoleum, vault, crypt, or columbarium.

2. The bill requires DRL approval before a cemetery authority may do any of the following: sell or encumber cemetery land; transfer ownership or control of 50% or more of the assets or stock of the cemetery; engage in a transaction that results in a person acquiring ownership or control of 50% or more of the stock of the cemetery; or transfer responsibility for management or operation of the cemetery authority. Only religious cemetery authorities and cemetery authorities that are not required to be licensed are exempt from this requirement.

3. The bill allows DRL to apply to a court for an injunction to prohibit a person from acquiring ownership or control of a cemetery, including a religious cemetery, if the person has abandoned another cemetery or has owned or operated another cemetery that is subsequently controlled by a municipality.

4. The bill imposes certain requirements on agreements for purchasing burial spaces from cemetery authorities, other than religious cemetery authorities.

5. The bill requires DRL to promulgate rules for the approval of cemetery merchandise warehouses located in and outside the state. Under current law, authority to approve in-state warehouses rests primarily with the department of agriculture, trade and consumer protection.

6. The bill allows DRL or the cemetery board to require registered or licensed cemetery authorities to conduct independent audits if DRL has cause to believe that the cemetery authority has not complied with certain requirements regarding trust funds and accounts.

7. The bill allows a person to convey an interest in a burial space to a spouse, child, brother, sister, or parent without the consent of a cemetery authority, which is required under current law. However, this provision does not apply if the spouse, child, brother, sister, or parent is in a class whose burial is prohibited in a religious cemetery.

8. The bill creates an exception for religious cemeteries from a current law that provides that the human remains of a husband, wife, or relative of a person with an interest in a burial space may be buried in the space. Under the bill, this provision does not apply if the husband, wife, or relative is in a class whose burial is prohibited in a religious cemetery. Also, the bill clarifies that "relative" includes a brother or sister.

9. The bill requires DRL to promulgate rules interpreting the requirements regarding interests in burial spaces. In addition, DRL must promulgate rules that require a person who transfers an interest in a burial space to provide the transferee with a written notice, prepared by DRL, that describes those requirements.

10. The bill requires a cemetery authority, other than a religious cemetery authority, to maintain a cemetery in a reasonable manner at all times.

11. The bill eliminates a requirement under current law for a cemetery authority to increase its surety bonds to cover gifts that are received and requires instead that a cemetery authority maintain a gift ledger accounting for all receipts and disbursements of gifts.

12. The bill requires a person who provides an outer burial container or casket to a cemetery authority for the burial of human remains to identify the decedent on the exterior of the container or casket. This requirement does not apply to outer burial containers and caskets provided to religious cemetery authorities.

13. The bill allows a city, village, or town to enact and enforce an ordinance that allows a person to bury human remains in a burial space that is not located in a cemetery. If a city, village, or town has not enacted such an ordinance, a person may not bury human remains in the city, village, or town in a burial space that is not located in a cemetery.

14. The bill increases the penalty for violating requirements regarding the reburial of human remains to a fine of no more than $1,000, imprisonment for no more than 90 days, or both. Under current law, the penalty is a forfeiture of no more than $200.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB776, s. 1 Section 1. 15.07 (1) (b) 23. of the statutes is created to read:

AB776,9,2 15.07 (1) (b) 23. Cemetery board.

AB776, s. 2 Section 2. 15.07 (1) (cm) of the statutes is amended to read:

AB776,9,17 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the cemetery authority business representative members of the cemetery board shall expire on May 1 in an even-numbered year.

AB776, s. 3 Section 3. 15.07 (1) (cs) of the statutes is amended to read:

AB776,10,4 15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.

AB776, s. 4 Section 4. 15.07 (3) (b) of the statutes is amended to read:

AB776,10,10 15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing or his or her designee within the department.

AB776, s. 5 Section 5. 15.07 (3) (bm) 5. of the statutes is created to read:

AB776,10,12 15.07 (3) (bm) 5. The cemetery board shall meet at least 4 times each year.

AB776, s. 6 Section 6. 15.07 (5) (z) of the statutes is created to read:

AB776,10,14 15.07 (5) (z) Members of the cemetery board, $25 per day.

AB776, s. 7 Section 7. 15.405 (3m) of the statutes is created to read:

AB776,10,16 15.405 (3m) Cemetery board. (a) In this subsection:

AB776,10,17 1. "Business representative" has the meaning given in s. 452.01 (3k).

AB776,10,18 2. "Licensed cemetery authority" has the meaning given in s. 157.061 (8r).

AB776,10,19 3. "Religious cemetery authority" has the meaning given s. 157.061 (15m).

AB776,10,22 (b) There is created a cemetery board, attached to the department of regulation and licensing under s. 15.03, consisting of the following members appointed for 4-year terms:

AB776,10,24 1. Four members, each of whom is a business representative of a licensed cemetery authority.

AB776,11,2 2. A representative of the department of justice designated by the attorney general.

AB776,11,3 3. Two public members.

AB776,11,10 (c) Of the members appointed under par. (b) 1., one member shall be a business representative of a licensed cemetery authority organized or conducted for pecuniary profit, one member shall be a business representative of a licensed cemetery authority not organized or conducted for pecuniary profit, one member shall be a business representative of a licensed cemetery authority that is a city, village, town, or county, and no member may be a business representative of a religious cemetery authority.

AB776,11,11 (d) No member of the cemetery board may serve more than 2 terms.

AB776, s. 8 Section 8. 20.165 (1) (q) of the statutes is created to read:

AB776,11,15 20.165 (1) (q) Cemetery and mausoleum trustee disbursements. From the cemetery management insurance fund, a sum sufficient to make disbursements to trustees under the rules promulgated under s. 157.117 (4) (a).

AB776, s. 9 Section 9. 25.17 (1) (at) of the statutes is created to read:

AB776,11,17 25.17 (1) (at) Cemetery management insurance fund (s. 25.86);

AB776, s. 10 Section 10. 25.86 of the statutes is created to read:

AB776,11,21 25.86 Cemetery management insurance fund. There is established a separate nonlapsible trust fund designated as the cemetery management insurance fund, to consist of each of the following:

AB776,11,22 (1) The moneys received from death certificate filing fees under s. 69.22 (1) (e).

AB776,11,24 (2) The moneys received from the issuance of copies of death certificates under s. 69.22 (1) (f).

AB776, s. 11 Section 11. 60.61 (2) (j) of the statutes is created to read:

AB776,12,1 60.61 (2) (j) Authorize burials under s. 157.066.

AB776, s. 12 Section 12. 62.23 (7) (c) of the statutes is amended to read:

AB776,12,15 62.23 (7) (c) Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to authorize burials if an ordinance is enacted under s. 157.066; and to preserve burial sites, as defined in s. 157.70 (1) (b). Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city.

AB776, s. 13 Section 13 . 69.18 (1) (bm) (intro.) of the statutes is amended to read:

AB776,13,2 69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification under sub. (2). Within 2 days after receipt of the medical certification under sub. (2), the person filing the certificate of death shall mail or present the certificate of death, together with the fee required under s. 69.22 (1) (e), in:

AB776, s. 14 Section 14 . 69.18 (1) (bm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB776,13,14 69.18 (1) (bm) (intro.) A person required to file a certificate of death under par. (b) shall obtain the information required for the certificate of death from the next of kin or the best qualified person or source available. The person filing the certificate of death shall enter his or her signature on the certificate and include his or her address and the date of signing and shall present or mail the certificate, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the certificate of death shall mail or present the certificate of death, together with the fee required under s. 69.22 (1) (e), in:

AB776, s. 15 Section 15. 69.22 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB776,13,19 69.22 (1) (a) Except as provided under par. pars. (c) and (f), $7 for issuing one certified copy of a vital record and $3 for any additional certified copy of the same vital record issued at the same time.

AB776, s. 16 Section 16. 69.22 (1) (e) and (f) of the statutes are created to read:

AB776,13,23 69.22 (1) (e) Ten dollars for receiving a death certificate filed by a person required to file a certificate of death under s. 69.18 (1) (b), which shall be forwarded to the state treasurer under sub. (1r).

AB776,13,25 (f) Eight dollars for issuing a copy of a death certificate, $1 of which shall be forwarded to the state treasurer under sub. (1r).

AB776, s. 17 Section 17. 69.22 (1r) of the statutes is created to read:

AB776,14,6 69.22 (1r) By the 15th day of the first month following the end of a calendar quarter, the state registrar and any person acting under this subchapter shall forward to the state treasurer the amounts specified in sub. (1) (e) and (f) that are received during the calendar quarter. The state treasurer shall credit all amounts received under this subsection to the cemetery management insurance fund.

AB776, s. 18 Section 18. 157.061 (1) of the statutes is renumbered 157.061 (1c) and amended to read:

AB776,14,10 157.061 (1c) "Burial" means entombment, inurnment or, interment, or placement in a mausoleum, vault, crypt, or columbarium.

AB776, s. 19 Section 19. 157.061 (1b) of the statutes is created to read:

AB776,14,12 157.061 (1b) "Board" means the cemetery board.

AB776, s. 20 Section 20. 157.061 (1d) of the statutes is created to read:

AB776,14,17 157.061 (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.

AB776, s. 21 Section 21. 157.061 (1j) of the statutes is created to read:

AB776,14,19 157.061 (1j) "Business representative" has the meaning given in s. 452.01 (3k).

AB776, s. 22 Section 22. 157.061 (1p) of the statutes is created to read:

AB776,14,22 157.061 (1p) "Cemetery" means a place that is dedicated to and used or intended to be used for the final disposition of human remains.

AB776, s. 23 Section 23. 157.061 (2m) of the statutes is amended to read:

AB776,15,3 157.061 (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.

AB776, s. 24 Section 24. 157.061 (3) of the statutes is amended to read:

AB776,15,10 157.061 (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.