AB776: Bill Text

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.

AB776, s. 25 Section 25. 157.061 (3g) of the statutes is created to read:

AB776,15,13 157.061 (3g) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremains.

AB776, s. 26 Section 26. 157.061 (3r) of the statutes is created to read:

AB776,15,16 157.061 (3r) "Columbarium space" means a niche, crypt, or specific place in a columbarium that contains or is intended to contain cremains.

AB776, s. 27 Section 27. 157.061 (8g) of the statutes is created to read:

AB776,15,20 157.061 (8g) "Lawn crypt" means an interment space in chambers that are preplaced at either a single depth or multiple depths and that are located primarily underground.

AB776, s. 28 Section 28. 157.061 (8r) of the statutes is created to read:

AB776,15,23 157.061 (8r) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

AB776, s. 29 Section 29. 157.061 (11r) of the statutes is amended to read:

AB776,16,6 157.061 (11r) "Payment of principal" means the portion of a payment for the purchase of a cemetery lot, cemetery merchandise or a mausoleum burial space that represents the principal amount owed by the purchaser for the cemetery lot, cemetery merchandise or mausoleum burial space, and does not include any portion of the payment that represents any taxes, finance or interest charges , or insurance premiums.

AB776, s. 30 Section 30. 157.061 (14m) of the statutes is created to read:

AB776,16,9 157.061 (14m) "Registered cemetery authority" means a cemetery authority that is registered under s. 440.91 (1m).

AB776, s. 31 Section 31. 157.061 (15) of the statutes is amended to read:

AB776,16,13 157.061 (15) "Religious association" means any church, synagogue, or mosque or any, incorporated college of a religious order, or religious society organized under ch. 187.

AB776, s. 32 Section 32. 157.061 (15m) of the statutes is created to read:

AB776,16,16 157.061 (15m) "Religious cemetery authority" means a cemetery authority of a cemetery owned and operated by a religious association.

AB776, s. 33 Section 33. 157.061 (17) of the statutes is amended to read:

AB776,16,20 157.061 (17) "Undeveloped space" means a mausoleum space, columbarium space, or lawn crypt that is not ready for the burial of human remains on the date of the sale of the mausoleum space, columbarium space, or lawn crypt.

AB776, s. 34 Section 34. 157.062 (1) of the statutes is amended to read:

AB776,17,6 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

AB776, s. 35 Section 35. 157.062 (2) of the statutes is amended to read:

AB776,17,13 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

AB776, s. 36 Section 36. 157.062 (3) of the statutes is amended to read:

AB776,17,20 157.062 (3) Validation. When there shall have been a bona fide attempt to organize a cemetery association, but a failure to record a properly drawn and executed certificate of organization, and it has in good faith bought and platted grounds and conveyed cemetery lots burial spaces and carried on business for over 25 years, the same shall be a body corporate from the date of conveyance to it of real estate, and its transfers and other transactions are validated.