AB776: Bill Text

AB776, s. 51 Section 51. 157.08 (2) (a) of the statutes is amended to read:

AB776,23,6 157.08 (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.

AB776, s. 52 Section 52. 157.08 (2) (b) of the statutes is renumbered 157.08 (2) (b) 1. (intro.) and amended to read:

AB776,23,12 157.08 (2) (b) 1. (intro.) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a) takes any of the following actions, the cemetery authority shall notify the department in writing of the proposed sale or encumbrance.:

AB776,23,18 3. If within 60 days after the department is notified of the proposed sale or encumbrance under subd. 1. 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take the action unless the department subsequently notifies the cemetery authority in writing that the objection is withdrawn.

AB776,23,24 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.

AB776,24,5 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.

AB776,24,7 6. The department shall make every effort to make determinations under this paragraph in an expeditious manner.

AB776, s. 53 Section 53. 157.08 (2) (b) 1. a., b., c. and d. of the statutes are created to read:

AB776,24,10 157.08 (2) (b) 1. a. Sells or encumbers any cemetery land, except for a sale described in par. (a).

AB776,24,12 b. Transfers ownership or control of 50% or more of the assets or stock of the cemetery.

AB776,24,14 c. Engages in a transaction that results in a person acquiring ownership or control of 50% or more of the stock of the cemetery.

AB776,24,16 d. Transfers responsibility for management or operation of the cemetery authority.

AB776, s. 54 Section 54. 157.08 (2) (b) 2. of the statutes is created to read:

AB776,24,19 157.08 (2) (b) 2. The department shall promulgate rules that specify the documentation that must be submitted with a notification under subd. 1.

AB776, s. 55 Section 55. 157.08 (5) of the statutes is amended to read:

AB776,24,24 157.08 (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 licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

AB776, s. 56 Section 56. 157.10 (title) of the statutes is amended to read:

AB776,25,1 157.10 (title) Alienation and use of cemetery lots burial spaces .

AB776, s. 57 Section 57. 157.10 of the statutes is renumbered 157.10 (1) (a) and amended to read:

AB776,25,7 157.10 (1) (a) While Except as provided in par. (b), while any person is buried in a cemetery lot, the cemetery lot burial space, the burial space shall be inalienable, without the consent of unless the cemetery authority, and on the consents to a conveyance of an interest in the burial space.

AB776,25,11 (2) Upon the death of the owner of a burial space, ownership of the cemetery lot burial space shall descend to the owner's heirs; but and any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot. burial space.

AB776,25,19 (3) 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 brother, sister, or other relative, or the husband or wife of such person, or his or her brother, sister, or other relative, except by the consent of all persons having an interest in the cemetery lot burial space. This subsection does not apply to the burial of human remains of an individual who is in a class of individuals who are prohibited under regulations adopted by a religious cemetery authority or affiliated religious association from being buried in a cemetery.

AB776, s. 58 Section 58. 157.10 (1) (b) of the statutes is created to read:

AB776,26,2 157.10 (1) (b) A person having an interest in a burial space may, after providing written notice to the cemetery authority, convey the interest to his or her spouse, child, brother, sister, or parent without the consent of the cemetery authority. This paragraph does not apply if the spouse, child, brother, sister, or parent is in a class of individuals who are prohibited under regulations adopted by a religious cemetery authority or affiliated religious association from being buried in the cemetery in which the burial space is located.

AB776, s. 59 Section 59. 157.10 (4) of the statutes is created to read:

AB776,26,7 157.10 (4) 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.

AB776, s. 60 Section 60. 157.11 (title) of the statutes is amended to read:

AB776,26,10 157.11 (title) Improvement and care of cemetery lots burial spaces and grounds.

AB776, s. 61 Section 61. 157.11 (1m) of the statutes is created to read:

AB776,26,14 157.11 (1m) Duty to maintain. A cemetery authority shall maintain a cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences, buildings, and other structures, in a reasonable manner at all times.

AB776, s. 62 Section 62. 157.11 (2) of the statutes is amended to read:

AB776,27,4 157.11 (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.

AB776, s. 63 Section 63. 157.11 (3) of the statutes is amended to read:

AB776,27,12 157.11 (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.

AB776, s. 64 Section 64. 157.11 (4) of the statutes is amended to read:

AB776,27,21 157.11 (4) Associations of relatives. Persons owning a cemetery lot burial space or having relatives buried in a cemetery may incorporate an association to hold and occupy a previously constituted cemetery, and to preserve and care for the same. Section 157.062 shall apply to the association. Nothing in this subsection shall give rights of burial. A municipality may lease a municipal cemetery to a cemetery association for preservation and may contract to permit the association to use cemetery funds therefor. Such leases and contracts may be revoked at will by the municipal board.

AB776, s. 65 Section 65. 157.11 (5) of the statutes is amended to read:

AB776,27,25 157.11 (5) Sum required. The cemetery authority shall annually fix the sum necessary for the care of cemetery lots burial spaces and care and improvement of the cemetery, or to produce a sufficient income for those purposes.

AB776, s. 66 Section 66. 157.11 (7) (a) of the statutes is amended to read:

AB776,28,9 157.11 (7) (a) The cemetery authority may annually assess upon the cemetery lots burial spaces amounts not to exceed the amounts reasonably required for actual and necessary costs for cleaning and care of cemetery lots burial spaces and care and improvement of the cemetery. Notice of the assessment, along with a copy of this section, shall be mailed to each owner or person having charge of a cemetery lot burial space, at the owner's or person's last-known post-office address, directing payment to the cemetery authority within 30 days and specifying that such assessments are a personal liability of the owner or person.

AB776, s. 67 Section 67. 157.11 (7) (b) of the statutes is amended to read:

AB776,28,14 157.11 (7) (b) The cemetery authority may fix and determine the sum reasonably necessary for the care of the grave or cemetery lot burial space in reasonable and uniform amounts, which amounts shall be subject to the approval of the court, and may collect those amounts as part of the funeral expenses.

AB776, s. 68 Section 68. 157.11 (7) (c) of the statutes is amended to read:

AB776,28,18 157.11 (7) (c) Before ordering distribution of the estate of a deceased person, the court shall order paid any assessment under this section, or the sum so fixed for the care of the cemetery lot or grave burial space of the deceased.

AB776, s. 69 Section 69. 157.11 (7) (d) of the statutes is amended to read:

AB776,29,4 157.11 (7) (d) When uniform care of a cemetery lot burial space has been given for 2 consecutive years or more, for which assessments are unpaid, after notice as provided in sub. (2), right to burial is forfeited until delinquent assessments are paid. When uniform care has been given for 5 consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery lot burial space shall pass to the cemetery authority and may be sold, the payment of principal to be deposited into the care fund. Before depositing the payment of principal into the care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.

AB776, s. 70 Section 70. 157.11 (8) of the statutes is repealed.

AB776, s. 71 Section 71. 157.11 (9) (title) of the statutes is repealed and recreated to read:

AB776,29,7 157.11 (9) (title) Gifts.

AB776, s. 72 Section 72. 157.11 (9) (a) of the statutes is renumbered 157.11 (9) (b) and amended to read:

AB776,29,15 157.11 (9) (b) Before a cemetery authority receives a gift, the surety bonds of the cemetery authority shall be increased to cover such amount if it does not then do so. If the bonds are not filed, or the If a cemetery authority fails to do anything required by this subsection, the judge may appoint a trustee, and all property and money so given in the manner described under par. (am) and evidences of title and securities shall be delivered to the trustee.

AB776, s. 73 Section 73. 157.11 (9) (am) of the statutes is created to read:

AB776,29,23 157.11 (9) (am) If a cemetery authority receives a gift for the improvement, maintenance, repair, preservation, or ornamentation of any burial space or structure in the cemetery, it shall either expend the income and proceeds of the gift or deposit the proceeds into a trust account at a financial institution, as defined in s. 705.01 (3), according to the terms of the gift and regulations of the cemetery authority. A cemetery authority that receives a gift shall maintain a gift ledger that accounts for all receipts and disbursements of gifts.

AB776, s. 74 Section 74. 157.11 (9g) (title) of the statutes is amended to read:

AB776,29,25 157.11 (9g) (title) Care fund for cemetery lots burial spaces.

AB776, s. 75 Section 75. 157.11 (9g) (a) 1. (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (Assembly Bill 513), is amended to read:

AB776,30,5 157.11 (9g) (a) 1. (intro.) Except as provided in ss. 66.0603 (1m) (c) and 157.19 (5) (b), funds that are received by a cemetery authority for the care of a cemetery lot burial space shall be invested in one or more of the following manners:

AB776, s. 76 Section 76. 157.11 (9g) (a) 1. c. of the statutes is amended to read:

AB776,30,13 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise deposited by the cemetery authority in an investment approved by the department if the care funds are segregated and invested separately from all other moneys held by the cemetery authority and if the cemetery authority submits to the department a written statement by an investment advisor licensed under ch. 551, or a broker, as defined in s. 408.102 (1) (c), that the investment is made in accordance with the standards specified in s. 881.01.

AB776, s. 77 Section 77. 157.11 (9g) (a) 2. of the statutes is amended to read:

AB776,31,13 157.11 (9g) (a) 2. The manner in which the care funds are invested may not permit the cemetery authority to withdraw the care fund's principal amount, but may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. The income from the investment of a care fund for the care of cemetery lots burial spaces may be used only to maintain the cemetery lots burial spaces and grounds, except that if the amount of income exceeds the amount necessary to maintain the cemetery lots burial spaces or grounds properly, the excess amount may be used to maintain any other portion of the cemetery, including mausoleums. If the care funds are deposited with a city or county, or previously deposited with a village, there shall be paid to the cemetery authority annually interest on funds so deposited of not less than 2% per year. The governing body of any city or county, or any village or town in the case of previous deposits, may determine to return all or a part of any funds deposited by a cemetery authority, and that cemetery authority shall accept the returned funds within 30 days after receiving written notice of that action. If the cemetery authority is dissolved or becomes inoperative, the county or city shall use the interest on the funds for the care and upkeep of the cemetery. Deposit shall be made and the income paid over from time to time, not less frequently than once each year, and receipts in triplicate shall be given, one filed with the county clerk, one with the cemetery authority and one given to the person making the deposit. Deposits shall be in the amount of $5 or a multiple thereof. Records and receipts shall specify the cemetery lot burial space for the care of which the deposit is made. Reports of money received for care and of money and property received as gifts shall be made annually as provided in s. 157.62 (2).

AB776, s. 78 Section 78. 157.11 (9g) (c) of the statutes is amended to read:

AB776,31,21 157.11 (9g) (c) Except as provided in sub. (11), any Any cemetery authority that sells a cemetery lot, lawn crypt, or columbarium space on or after November 1, 1991 the effective date of this paragraph .... [revisor inserts date], shall deposit 15% of each payment of principal into a care fund under par. (a) within 30 days after the last day of the month in which the payment is received, except as provided in sub. (7) (d) and s. 157.115 (2) (f). The total amount deposited must equal 15% of the total amount of all payments of principal that have been received, but not less than $25.

AB776, s. 79 Section 79. 157.11 (10) of the statutes is amended to read:

AB776,31,25 157.11 (10) Exemption for religious societies cemetery authorities. Subsections (1) to (9), (9g) (a) and (b), (9m) and (9r) do not apply, but sub. (9g) (c) does apply, to a religious society organized under ch. 187 cemetery authority.

AB776, s. 80 Section 80. 157.11 (11) of the statutes is repealed.

AB776, s. 81 Section 81. 157.115 (title) of the statutes is amended to read:

AB776,32,4 157.115 (title) Abandonment of cemeteries and cemetery lots burial spaces.

AB776, s. 82 Section 82. 157.115 (1) (b) 1. of the statutes is renumbered 157.115 (1) (b) and amended to read:

AB776,32,19 157.115 (1) (b) When a If a municipality in which a cemetery is located determines that the cemetery authority fails has failed to care for the cemetery for a period of one or more years 6 months or more, the municipality in which the cemetery is located shall notify the cemetery authority that it has 90 days to correct the failure. Upon a showing of good cause, the municipality may grant the cemetery authority one 90-day extension to correct the failure. If the municipality finds that the cemetery authority has failed to correct the failure within the deadline specified in the notice or extension, the municipality may, after a public hearing, take control of the cemetery, manage and care for the cemetery and , collect and manage all trust funds connected with the cemetery other than trust funds received by a will, or take any other action necessary to provide for the care of the cemetery. The municipality may collect from the cemetery authority any costs incurred by the municipality in exercising its authority under this paragraph.

AB776, s. 83 Section 83. 157.115 (1) (b) 2. of the statutes is repealed.

AB776, s. 84 Section 84. 157.115 (1) (c) of the statutes is repealed.

AB776, s. 85 Section 85. 157.115 (1) (d) of the statutes is created to read:

AB776,33,2 157.115 (1) (d) Upon application by the department, a court may enjoin a person from acquiring ownership or control of a cemetery if the person has abandoned another cemetery, or has owned or operated another cemetery that is subsequently controlled by a municipality under par. (b).

AB776, s. 86 Section 86. 157.115 (2) (title) of the statutes is amended to read:

AB776,33,4 157.115 (2) (title) Abandonment of cemetery lots burial spaces.

AB776, s. 87 Section 87. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:

AB776,33,12 157.115 (2) (a) 1. (intro.) "Abandoned lot space" means one or more graves of a cemetery lot burial spaces that is are not owned by the cemetery authority of the cemetery in which the cemetery lot is burial spaces are located if those graves burial spaces have not been used for the burial of human remains and if, according to the records of the cemetery authority, all of the following apply during the 50-year period immediately preceding the date on which the notice requirement under par. (c) is satisfied:

AB776, s. 88 Section 88. 157.115 (2) (a) 1. a. of the statutes is amended to read:

AB776,33,15 157.115 (2) (a) 1. a. No owner has transferred any ownership interest in the cemetery lot burial space to any other person.

AB776, s. 89 Section 89. 157.115 (2) (a) 1. b. of the statutes is amended to read:

AB776,33,18 157.115 (2) (a) 1. b. No owner has purchased or sold another cemetery lot or a mausoleum burial space in the cemetery.

AB776, s. 90 Section 90. 157.115 (2) (a) 1. c. of the statutes is amended to read:

AB776,33,22 157.115 (2) (a) 1. c. No other grave in that cemetery lot burial space or adjoining cemetery lot or adjoining mausoleum burial space that is owned or partially owned by an owner has been used for the burial of human remains.

AB776, s. 91 Section 91. 157.115 (2) (a) 1. d. of the statutes is amended to read:

AB776,33,25 157.115 (2) (a) 1. d. No grave marker, monument, or other memorial has been installed on the cemetery lot burial space.

AB776, s. 92 Section 92. 157.115 (2) (a) 1. e. of the statutes is amended to read:

AB776,34,4 157.115 (2) (a) 1. e. No grave marker, monument, or other memorial has been installed on any other cemetery lot burial space, in the same cemetery, that is owned or partially owned by an owner.