AB776: Bill Text

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.

AB776, s. 93 Section 93. 157.115 (2) (a) 1. g. of the statutes is amended to read:

AB776,34,9 157.115 (2) (a) 1. g. The cemetery authority has not been contacted by an owner or assignee or received any other notice or evidence to suggest that an owner or assignee intends to use the cemetery lot burial space for a future burial of human remains.

AB776, s. 94 Section 94. 157.115 (2) (a) 2. of the statutes is amended to read:

AB776,34,14 157.115 (2) (a) 2. "Assignee" means a person who has been assigned in the deceased owner's will or in any other legally binding written agreement, or who is entitled to receive under ch. 852, an ownership interest in the abandoned cemetery lot space.

AB776, s. 95 Section 95. 157.115 (2) (a) 3. of the statutes is amended to read:

AB776,34,18 157.115 (2) (a) 3. "Owner" means a person who, according to the records of the cemetery authority of the cemetery in which an abandoned cemetery lot space is located, owns or partially owns the abandoned cemetery lot space.

AB776, s. 96 Section 96. 157.115 (2) (b) of the statutes is amended to read:

AB776,34,22 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot space unless the cemetery authority complies with the requirements in this subsection or the abandoned space is sold by a trustee under s. 157.117.

AB776, s. 97 Section 97. 157.115 (2) (c) of the statutes is amended to read:

AB776,35,5 157.115 (2) (c) The cemetery authority shall mail to each owner, at each owner's last-known address, a notice of the cemetery authority's intent to resell the abandoned cemetery lot space as provided in this subsection. If an owner is buried in the cemetery in which the abandoned cemetery lot space is located or if the cemetery authority has any other evidence that reasonably supports a determination by the cemetery authority that the owner is deceased, no notice is required under this paragraph.

AB776, s. 98 Section 98. 157.115 (2) (d) (intro.) of the statutes is amended to read:

AB776,35,12 157.115 (2) (d) (intro.) If no notice is required under par. (c) or if, within 60 days after notice is mailed under par. (c), no owner or assignee contacts the cemetery authority to express an intent to use the abandoned cemetery lot space for a future burial of human remains, the cemetery authority shall publish in a newspaper of general circulation in the county in which the abandoned lot space is located, a class 3 notice under ch. 985 that includes all of the following:

AB776, s. 99 Section 99. 157.115 (2) (d) 1. of the statutes is amended to read:

AB776,35,14 157.115 (2) (d) 1. The location of the abandoned lot space.

AB776, s. 100 Section 100. 157.115 (2) (d) 3. of the statutes is amended to read:

AB776,35,18 157.115 (2) (d) 3. A statement that, unless an owner or assignee contacts the cemetery authority within the period specified in par. (e), the cemetery authority intends to resell the abandoned lot space as provided in this subsection.

AB776, s. 101 Section 101. 157.115 (2) (e) of the statutes is amended to read:

AB776,36,2 157.115 (2) (e) If within 60 days after notice is published under par. (c) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority shall bring an action in the circuit court of the county in which the abandoned lot space is located for a judgment that the cemetery lot burial space is an abandoned lot space and an order transferring ownership of the abandoned lot space to the cemetery authority.

AB776, s. 102 Section 102. 157.115 (2) (f) of the statutes is amended to read:

AB776,36,12 157.115 (2) (f) If within one year after the circuit court enters a judgment and order under par. (e) no owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the cemetery authority may resell the abandoned lot space, except as provided in par. (g). The payment of principal shall 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. 103 Section 103. 157.115 (2) (g) of the statutes is amended to read:

AB776,36,19 157.115 (2) (g) If at any time before an abandoned lot space is resold under par. (f) an owner or assignee contacts the cemetery authority to express an intent to use the abandoned lot space for a future burial of human remains, the authority may not resell the abandoned lot space, and ownership of the abandoned lot space shall be transferred to the owner or assignee. The cemetery authority shall pay all costs of transferring ownership under this paragraph.

AB776, s. 104 Section 104. 157.115 (2) (h) of the statutes is amended to read:

AB776,36,24 157.115 (2) (h) Nothing in this subsection prohibits a cemetery authority from seeking the authority to resell more than one abandoned lot space by publishing a single class 3 notice under par. (d) or bringing a single action under par. (e) that applies to all of the abandoned lots spaces for which such authority is sought.

AB776, s. 105 Section 105. 157.117 of the statutes is created to read:

AB776,37,2 157.117 Trustees for certain cemeteries and mausoleums. (1) Definitions. In this section:

AB776,37,9 (a) "Cemetery" does not include a cemetery the ownership, control, or management of which has been assumed by a municipality. For purposes of this paragraph, a municipality is considered to have assumed the ownership, control, or management of a cemetery only if the municipality has adopted a resolution or enacted an ordinance that has the effect of assuming ownership, control, or management of the cemetery. "Cemetery" also does not include a cemetery owned and operated by a religious cemetery authority.

AB776,37,10 (b) "Local governmental unit" means a municipality or county.

AB776,37,12 (c) "Mausoleum" does not include a mausoleum owned and operated by a religious cemetery authority.

AB776,37,13 (d) "Municipality" means a city, village, or town.

AB776,37,14 (e) "Trustee" means a trustee appointed under sub. (2) (b).

AB776,37,20 (2) Appointment of trustee. (a) In response to a petition from the board or upon his or her own motion, the attorney general may petition the circuit court for the county in which a cemetery or mausoleum is located for the appointment of a trustee for the cemetery or mausoleum. If the attorney general petitions the court on his or her own motion, the attorney general shall serve a copy of the petition on the board and the municipality and county within which the cemetery is located.

AB776,38,2 (b) A court shall schedule a hearing on a petition filed under par. (a) within 90 days after the petition is filed with the court. If the court finds after a hearing that a cemetery or mausoleum is neglected, abandoned, in disuse, improperly maintained, or financially unsound, the court shall appoint as a trustee for the cemetery or mausoleum a capable and competent person to serve as trustee of the cemetery or mausoleum under this section, except that the court may not appoint the department or board as a trustee.

AB776,38,10 (c) An owner of a cemetery or mausoleum may petition the court in a proceeding under par. (b) for an order surrendering title to the cemetery or mausoleum to a new owner, other than the state, if the owner believes itself to be incapable of continuing to operate the cemetery or mausoleum. The court may grant the petition if it finds that the cemetery or mausoleum is neglected, abandoned, in disuse, improperly maintained, or financially unsound. If the court grants the petition, it shall transfer title to the cemetery or mausoleum to the new owner and appoint a trustee under par. (b).

AB776,38,13 (d) All disputes relating to the appointment of a trustee or the actions of a trustee appointed under this section shall be resolved by the court that appointed the trustee.

AB776,38,14 (3) Trustee powers and duties. (a) A trustee shall do each of the following:

AB776,38,16 1. Be responsible for the management, maintenance, and operation of each cemetery or mausoleum under trusteeship.

AB776,38,18 2. Comply with reporting requirements of s. 157.62 (2). A trustee shall provide the court with a copy of all reports filed under this subdivision.

AB776,38,20 3. Provide the court with any additional information, records, or reports that the court may direct.

AB776,38,22 (b) A trustee may petition the court that appointed the trustee for any of the following:

AB776,38,24 1. Termination of the trusteeship and reversion of ownership and operation of a cemetery or mausoleum to the previous owner.

AB776,39,2 2. Termination of the trusteeship and transfer of ownership and operation of a cemetery or mausoleum to a new owner other than the state.

AB776,39,4 3. Removal and reinternment of human remains in accordance with the requirements of this subchapter.

AB776,39,6 4. Termination of the trusteeship and closure of a cemetery or mausoleum after removal and reinternment of human remains under subd. 3.

AB776,39,7 (c) A trustee may do any of the following:

AB776,39,10 1. Seek a new owner or operator of a cemetery or mausoleum, other than the state, including actively marketing the cemetery or mausoleum and taking any other action necessary or useful to effect the sale of the cemetery or mausoleum.

AB776,39,11 2. Assess burial spaces for cleaning, care, or improvement under s. 157.11 (7).

AB776,39,13 3. Expend funds disbursed from the cemetery management insurance fund for the purpose of exercising its powers or carrying out its duties under this section.

AB776,39,16 4. Employ professional, legal, and technical experts, and any such other managers, management personnel, agents, and employees as may be required, to exercise the trustee's powers or carry out the trustee's duties under this section.

AB776,39,18 5. Take any other action necessary or useful to the management or trusteeship of a cemetery or mausoleum.