AB776, s. 60 8Section 60. 157.11 (title) of the statutes is amended to read:
AB776,26,10 9157.11 (title) Improvement and care of cemetery lots burial spaces and
10grounds.
AB776, s. 61 11Section 61. 157.11 (1m) of the statutes is created to read:
AB776,26,1412 157.11 (1m) Duty to maintain. A cemetery authority shall maintain a
13cemetery, including burial spaces, grounds, landscaping, roads, parking lots, fences,
14buildings, and other structures, in a reasonable manner at all times.
AB776, s. 62 15Section 62. 157.11 (2) of the statutes is amended to read:
AB776,27,416 157.11 (2) Regulations. The cemetery authority may make regulations for
17management and care of the cemetery. No person may plant, in the cemetery, trees
18or shrubs, nor erect wooden fences or structures or offensive or dangerous structures
19or monuments, nor maintain them if planted or erected in violation of the
20regulations. The cemetery authority may require any person owning or controlling
21a cemetery lot burial space to do anything necessary to comply with the regulations
22by giving reasonable personal notice in writing if the person is a resident of the state,
23otherwise by publishing a class 3 notice, under ch. 985, in the county. If the person
24fails to comply within 20 days thereafter, the cemetery authority may cause it to be
25done and recover from the person the expense. The cemetery authority may also

1impose a forfeiture not exceeding $10 for violation of the regulations posted in 3
2conspicuous places in the cemetery, recoverable under ch. 778. Each employee and
3agent of the cemetery authority shall have constable powers in enforcing the
4regulations.
AB776, s. 63 5Section 63. 157.11 (3) of the statutes is amended to read:
AB776,27,126 157.11 (3) Contracts. The cemetery authority may contract with persons who
7own or are interested in a cemetery lot burial space for its care. The contract shall
8be in writing, may provide that the cemetery lot burial space shall be forever exempt
9from taxes, assessments, or charges for its care and the care and preservation of the
10grounds, shall express the duty of the cemetery authority, shall be recorded in a book
11kept for that purpose, and shall be effective when the consideration is paid or
12secured.
AB776, s. 64 13Section 64. 157.11 (4) of the statutes is amended to read:
AB776,27,2114 157.11 (4) Associations of relatives. Persons owning a cemetery lot burial
15space
or having relatives buried in a cemetery may incorporate an association to hold
16and occupy a previously constituted cemetery, and to preserve and care for the same.
17Section 157.062 shall apply to the association. Nothing in this subsection shall give
18rights of burial. A municipality may lease a municipal cemetery to a cemetery
19association for preservation and may contract to permit the association to use
20cemetery funds therefor. Such leases and contracts may be revoked at will by the
21municipal board.
AB776, s. 65 22Section 65. 157.11 (5) of the statutes is amended to read:
AB776,27,2523 157.11 (5) Sum required. The cemetery authority shall annually fix the sum
24necessary for the care of cemetery lots burial spaces and care and improvement of
25the cemetery, or to produce a sufficient income for those purposes.
AB776, s. 66
1Section 66. 157.11 (7) (a) of the statutes is amended to read:
AB776,28,92 157.11 (7) (a) The cemetery authority may annually assess upon the cemetery
3lots
burial spaces amounts not to exceed the amounts reasonably required for actual
4and necessary costs for cleaning and care of cemetery lots burial spaces and care and
5improvement of the cemetery. Notice of the assessment, along with a copy of this
6section, shall be mailed to each owner or person having charge of a cemetery lot
7burial space, at the owner's or person's last-known post-office address, directing
8payment to the cemetery authority within 30 days and specifying that such
9assessments are a personal liability of the owner or person.
AB776, s. 67 10Section 67. 157.11 (7) (b) of the statutes is amended to read:
AB776,28,1411 157.11 (7) (b) The cemetery authority may fix and determine the sum
12reasonably necessary for the care of the grave or cemetery lot burial space in
13reasonable and uniform amounts, which amounts shall be subject to the approval of
14the court, and may collect those amounts as part of the funeral expenses.
AB776, s. 68 15Section 68. 157.11 (7) (c) of the statutes is amended to read:
AB776,28,1816 157.11 (7) (c) Before ordering distribution of the estate of a deceased person,
17the court shall order paid any assessment under this section, or the sum so fixed for
18the care of the cemetery lot or grave burial space of the deceased.
AB776, s. 69 19Section 69. 157.11 (7) (d) of the statutes is amended to read:
AB776,29,420 157.11 (7) (d) When uniform care of a cemetery lot burial space has been given
21for 2 consecutive years or more, for which assessments are unpaid, after notice as
22provided in sub. (2), right to burial is forfeited until delinquent assessments are paid.
23When uniform care has been given for 5 consecutive years or more and the
24assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery
25lot
burial space shall pass to the cemetery authority and may be sold, the payment

1of principal to be deposited into the care fund. Before depositing the payment of
2principal into the care fund, the cemetery authority may retain an amount necessary
3to cover the cemetery authority's administrative and other expenses related to the
4sale, but the amount retained may not exceed 50% of the proceeds.
AB776, s. 70 5Section 70. 157.11 (8) of the statutes is repealed.
AB776, s. 71 6Section 71. 157.11 (9) (title) of the statutes is repealed and recreated to read:
AB776,29,77 157.11 (9) (title) Gifts.
AB776, s. 72 8Section 72. 157.11 (9) (a) of the statutes is renumbered 157.11 (9) (b) and
9amended to read:
AB776,29,1510 157.11 (9) (b) Before a cemetery authority receives a gift, the surety bonds of
11the cemetery authority shall be increased to cover such amount if it does not then do
12so. If the bonds are not filed, or the
If a cemetery authority fails to do anything
13required by this subsection, the judge may appoint a trustee, and all property and
14money so given in the manner described under par. (am) and evidences of title and
15securities shall be delivered to the trustee.
AB776, s. 73 16Section 73. 157.11 (9) (am) of the statutes is created to read:
AB776,29,2317 157.11 (9) (am) If a cemetery authority receives a gift for the improvement,
18maintenance, repair, preservation, or ornamentation of any burial space or structure
19in the cemetery, it shall either expend the income and proceeds of the gift or deposit
20the proceeds into a trust account at a financial institution, as defined in s. 705.01 (3),
21according to the terms of the gift and regulations of the cemetery authority. A
22cemetery authority that receives a gift shall maintain a gift ledger that accounts for
23all receipts and disbursements of gifts.
AB776, s. 74 24Section 74. 157.11 (9g) (title) of the statutes is amended to read:
AB776,29,2525 157.11 (9g) (title) Care fund for cemetery lots burial spaces.
AB776, s. 75
1Section 75. 157.11 (9g) (a) 1. (intro.) of the statutes, as affected by 2001
2Wisconsin Act .... (Assembly Bill 513), is amended to read:
AB776,30,53 157.11 (9g) (a) 1. (intro.) Except as provided in ss. 66.0603 (1m) (c) and 157.19
4(5) (b), funds that are received by a cemetery authority for the care of a cemetery lot
5burial space shall be invested in one or more of the following manners:
AB776, s. 76 6Section 76. 157.11 (9g) (a) 1. c. of the statutes is amended to read:
AB776,30,137 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise
8deposited by the cemetery authority in an investment approved by the department
9if the care funds are segregated and invested separately from all other moneys held
10by the cemetery authority and if the cemetery authority submits to the department
11a written statement by an investment advisor licensed under ch. 551, or a broker, as
12defined in s. 408.102 (1) (c), that the investment is made in accordance with the
13standards specified in s. 881.01
.
AB776, s. 77 14Section 77. 157.11 (9g) (a) 2. of the statutes is amended to read:
AB776,31,1315 157.11 (9g) (a) 2. The manner in which the care funds are invested may not
16permit the cemetery authority to withdraw the care fund's principal amount, but
17may permit the withdrawal of interest, dividends, or capital gains earned during the
18most recently completed calendar year
. The income from the investment of a care
19fund for the care of cemetery lots burial spaces may be used only to maintain the
20cemetery lots burial spaces and grounds, except that if the amount of income exceeds
21the amount necessary to maintain the cemetery lots burial spaces or grounds
22properly, the excess amount may be used to maintain any other portion of the
23cemetery, including mausoleums. If the care funds are deposited with a city or
24county, or previously deposited with a village, there shall be paid to the cemetery
25authority annually interest on funds so deposited of not less than 2% per year. The

1governing body of any city or county, or any village or town in the case of previous
2deposits, may determine to return all or a part of any funds deposited by a cemetery
3authority, and that cemetery authority shall accept the returned funds within 30
4days after receiving written notice of that action. If the cemetery authority is
5dissolved or becomes inoperative, the county or city shall use the interest on the
6funds for the care and upkeep of the cemetery. Deposit shall be made and the income
7paid over from time to time, not less frequently than once each year, and receipts in
8triplicate shall be given, one filed with the county clerk, one with the cemetery
9authority and one given to the person making the deposit. Deposits shall be in the
10amount of $5 or a multiple thereof. Records and receipts shall specify the cemetery
11lot
burial space for the care of which the deposit is made. Reports of money received
12for care and of money and property received as gifts shall be made annually as
13provided in s. 157.62 (2).
AB776, s. 78 14Section 78. 157.11 (9g) (c) of the statutes is amended to read:
AB776,31,2115 157.11 (9g) (c) Except as provided in sub. (11), any Any cemetery authority that
16sells a cemetery lot, lawn crypt, or columbarium space on or after November 1, 1991
17the effective date of this paragraph .... [revisor inserts date], shall deposit 15% of each
18payment of principal into a care fund under par. (a) within 30 days after the last day
19of the month in which the payment is received, except as provided in sub. (7) (d) and
20s. 157.115 (2) (f). The total amount deposited must equal 15% of the total amount of
21all payments of principal that have been received, but not less than $25.
AB776, s. 79 22Section 79. 157.11 (10) of the statutes is amended to read:
AB776,31,2523 157.11 (10) Exemption for religious societies cemetery authorities.
24Subsections (1) to (9), (9g) (a) and (b), (9m) and (9r) do not apply, but sub. (9g) (c) does
25apply, to a religious society organized under ch. 187 cemetery authority.
AB776, s. 80
1Section 80. 157.11 (11) of the statutes is repealed.
AB776, s. 81 2Section 81. 157.115 (title) of the statutes is amended to read:
AB776,32,4 3157.115 (title) Abandonment of cemeteries and cemetery lots burial
4spaces
.
AB776, s. 82 5Section 82. 157.115 (1) (b) 1. of the statutes is renumbered 157.115 (1) (b) and
6amended to read:
AB776,32,197 157.115 (1) (b) When a If a municipality in which a cemetery is located
8determines that the
cemetery authority fails has failed to care for the cemetery for
9a period of one or more years 6 months or more, the municipality in which the
10cemetery is located
shall notify the cemetery authority that it has 90 days to correct
11the failure. Upon a showing of good cause, the municipality may grant the cemetery
12authority one 90-day extension to correct the failure. If the municipality finds that
13the cemetery authority has failed to correct the failure within the deadline specified
14in the notice or extension, the municipality
may, after a public hearing, take control
15of the cemetery, manage and care for the cemetery and , collect and manage all trust
16funds connected with the cemetery other than trust funds received by a will, or take
17any other action necessary to provide for the care of the cemetery. The municipality
18may collect from the cemetery authority any costs incurred by the municipality in
19exercising its authority under this paragraph
.
AB776, s. 83 20Section 83. 157.115 (1) (b) 2. of the statutes is repealed.
AB776, s. 84 21Section 84. 157.115 (1) (c) of the statutes is repealed.
AB776, s. 85 22Section 85. 157.115 (1) (d) of the statutes is created to read:
AB776,33,223 157.115 (1) (d) Upon application by the department, a court may enjoin a
24person from acquiring ownership or control of a cemetery if the person has

1abandoned another cemetery, or has owned or operated another cemetery that is
2subsequently controlled by a municipality under par. (b).
AB776, s. 86 3Section 86. 157.115 (2) (title) of the statutes is amended to read:
AB776,33,44 157.115 (2) (title) Abandonment of cemetery lots burial spaces.
AB776, s. 87 5Section 87. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:
AB776,33,126 157.115 (2) (a) 1. (intro.) "Abandoned lot space" means one or more graves of
7a cemetery lot
burial spaces that is are not owned by the cemetery authority of the
8cemetery in which the cemetery lot is burial spaces are located if those graves burial
9spaces
have not been used for the burial of human remains and if, according to the
10records of the cemetery authority, all of the following apply during the 50-year period
11immediately preceding the date on which the notice requirement under par. (c) is
12satisfied:
AB776, s. 88 13Section 88. 157.115 (2) (a) 1. a. of the statutes is amended to read:
AB776,33,1514 157.115 (2) (a) 1. a. No owner has transferred any ownership interest in the
15cemetery lot burial space to any other person.
AB776, s. 89 16Section 89. 157.115 (2) (a) 1. b. of the statutes is amended to read:
AB776,33,1817 157.115 (2) (a) 1. b. No owner has purchased or sold another cemetery lot or a
18mausoleum
burial space in the cemetery.
AB776, s. 90 19Section 90. 157.115 (2) (a) 1. c. of the statutes is amended to read:
AB776,33,2220 157.115 (2) (a) 1. c. No other grave in that cemetery lot burial space or adjoining
21cemetery lot or
adjoining mausoleum burial space that is owned or partially owned
22by an owner has been used for the burial of human remains.
AB776, s. 91 23Section 91. 157.115 (2) (a) 1. d. of the statutes is amended to read:
AB776,33,2524 157.115 (2) (a) 1. d. No grave marker, monument, or other memorial has been
25installed on the cemetery lot burial space.
AB776, s. 92
1Section 92. 157.115 (2) (a) 1. e. of the statutes is amended to read:
AB776,34,42 157.115 (2) (a) 1. e. No grave marker, monument, or other memorial has been
3installed on any other cemetery lot burial space, in the same cemetery, that is owned
4or partially owned by an owner.
AB776, s. 93 5Section 93. 157.115 (2) (a) 1. g. of the statutes is amended to read:
AB776,34,96 157.115 (2) (a) 1. g. The cemetery authority has not been contacted by an owner
7or assignee or received any other notice or evidence to suggest that an owner or
8assignee intends to use the cemetery lot burial space for a future burial of human
9remains.
AB776, s. 94 10Section 94. 157.115 (2) (a) 2. of the statutes is amended to read:
AB776,34,1411 157.115 (2) (a) 2. "Assignee" means a person who has been assigned in the
12deceased owner's will or in any other legally binding written agreement, or who is
13entitled to receive under ch. 852, an ownership interest in the abandoned cemetery
14lot
space.
AB776, s. 95 15Section 95. 157.115 (2) (a) 3. of the statutes is amended to read:
AB776,34,1816 157.115 (2) (a) 3. "Owner" means a person who, according to the records of the
17cemetery authority of the cemetery in which an abandoned cemetery lot space is
18located, owns or partially owns the abandoned cemetery lot space.
AB776, s. 96 19Section 96. 157.115 (2) (b) of the statutes is amended to read:
AB776,34,2220 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot
21space unless the cemetery authority complies with the requirements in this
22subsection or the abandoned space is sold by a trustee under s. 157.117.
AB776, s. 97 23Section 97. 157.115 (2) (c) of the statutes is amended to read:
AB776,35,524 157.115 (2) (c) The cemetery authority shall mail to each owner, at each owner's
25last-known address, a notice of the cemetery authority's intent to resell the

1abandoned cemetery lot space as provided in this subsection. If an owner is buried
2in the cemetery in which the abandoned cemetery lot space is located or if the
3cemetery authority has any other evidence that reasonably supports a
4determination by the cemetery authority that the owner is deceased, no notice is
5required under this paragraph.
AB776, s. 98 6Section 98. 157.115 (2) (d) (intro.) of the statutes is amended to read:
AB776,35,127 157.115 (2) (d) (intro.) If no notice is required under par. (c) or if, within 60 days
8after notice is mailed under par. (c), no owner or assignee contacts the cemetery
9authority to express an intent to use the abandoned cemetery lot space for a future
10burial of human remains, the cemetery authority shall publish in a newspaper of
11general circulation in the county in which the abandoned lot space is located, a class
123 notice under ch. 985 that includes all of the following:
AB776, s. 99 13Section 99. 157.115 (2) (d) 1. of the statutes is amended to read:
AB776,35,1414 157.115 (2) (d) 1. The location of the abandoned lot space.
AB776, s. 100 15Section 100. 157.115 (2) (d) 3. of the statutes is amended to read:
AB776,35,1816 157.115 (2) (d) 3. A statement that, unless an owner or assignee contacts the
17cemetery authority within the period specified in par. (e), the cemetery authority
18intends to resell the abandoned lot space as provided in this subsection.
AB776, s. 101 19Section 101. 157.115 (2) (e) of the statutes is amended to read:
AB776,36,220 157.115 (2) (e) If within 60 days after notice is published under par. (c) no owner
21or assignee contacts the cemetery authority to express an intent to use the
22abandoned lot space for a future burial of human remains, the cemetery authority
23shall bring an action in the circuit court of the county in which the abandoned lot
24space is located for a judgment that the cemetery lot burial space is an abandoned

1lot space and an order transferring ownership of the abandoned lot space to the
2cemetery authority.
AB776, s. 102 3Section 102. 157.115 (2) (f) of the statutes is amended to read:
AB776,36,124 157.115 (2) (f) If within one year after the circuit court enters a judgment and
5order under par. (e) no owner or assignee contacts the cemetery authority to express
6an intent to use the abandoned lot space for a future burial of human remains, the
7cemetery authority may resell the abandoned lot space, except as provided in par. (g).
8The payment of principal shall be deposited into the care fund. Before depositing the
9payment of principal into the care fund, the cemetery authority may retain an
10amount necessary to cover the cemetery authority's administrative and other
11expenses related to the sale, but the amount retained may not exceed 50% of the
12proceeds.
AB776, s. 103 13Section 103. 157.115 (2) (g) of the statutes is amended to read:
AB776,36,1914 157.115 (2) (g) If at any time before an abandoned lot space is resold under par.
15(f) an owner or assignee contacts the cemetery authority to express an intent to use
16the abandoned lot space for a future burial of human remains, the authority may not
17resell the abandoned lot space, and ownership of the abandoned lot space shall be
18transferred to the owner or assignee. The cemetery authority shall pay all costs of
19transferring ownership under this paragraph.
AB776, s. 104 20Section 104. 157.115 (2) (h) of the statutes is amended to read:
AB776,36,2421 157.115 (2) (h) Nothing in this subsection prohibits a cemetery authority from
22seeking the authority to resell more than one abandoned lot space by publishing a
23single class 3 notice under par. (d) or bringing a single action under par. (e) that
24applies to all of the abandoned lots spaces for which such authority is sought.
AB776, s. 105 25Section 105. 157.117 of the statutes is created to read:
AB776,37,2
1157.117 Trustees for certain cemeteries and mausoleums. (1)
2Definitions.
In this section:
AB776,37,93 (a) "Cemetery" does not include a cemetery the ownership, control, or
4management of which has been assumed by a municipality. For purposes of this
5paragraph, a municipality is considered to have assumed the ownership, control, or
6management of a cemetery only if the municipality has adopted a resolution or
7enacted an ordinance that has the effect of assuming ownership, control, or
8management of the cemetery. "Cemetery" also does not include a cemetery owned
9and operated by a religious cemetery authority.
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