AB776: Bill Text

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.

AB776, s. 37 Section 37. 157.062 (4) (a) of the statutes is amended to read:

AB776,18,4 157.062 (4) (a) An annual election shall be held during the annual meeting. The annual meeting, and any special meeting described in sub. (2), shall be held at a place in the county chosen by the trustees upon public notice as required by the bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots burial spaces in the cemetery, residents of the state, and hold office for 3 years. Election shall be by ballot and a plurality shall elect. Each owner of one or more cemetery lots burial spaces is entitled to one vote, and one of several owners of a cemetery lot burial space, designated by the majority of them, shall cast the vote.

AB776, s. 38 Section 38. 157.062 (5) of the statutes is amended to read:

AB776,18,11 157.062 (5) Trustees; duties, report. The trustees may fill vacancies for the unexpired term. One shall be chosen president, and they shall appoint a secretary and treasurer, and may require security of the treasurer. The trustees shall manage the affairs and property of the association and control and beautify the cemetery, and may establish regulations for those purposes. The trustees shall make and file written reports as required in s. 157.62 (1) and (2).

AB776, s. 39 Section 39. 157.062 (6) (b) of the statutes is amended to read:

AB776,19,2 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble, and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

AB776, s. 40 Section 40. 157.062 (6) (c) of the statutes is amended to read:

AB776,19,14 157.062 (6) (c) If an association is dissolved under par. (a) or any group has never been properly organized as cemetery association, and there are fewer than 5 members living or residing in the county where the cemetery is located, the circuit judge for the county shall upon the petition of any person interested, make an order determining who are persons interested in the cemetery. Any adult person who owns an interest in any cemetery lot burial space in the cemetery, who is related to any person buried in the cemetery, or who is a descendant, brother, sister, nephew, niece, or surviving spouse of a member of the dissolved association, is an interested person. The circuit judge may make the order upon evidence he or she deems sufficient, with or without hearing. The order need not contain the names of all persons interested, but shall contain the names of at least 5 such persons.

AB776, s. 41 Section 41. 157.062 (9) of the statutes is repealed.

AB776, s. 42 Section 42. 157.063 of the statutes is created to read:

AB776,19,19 157.063 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall do each of the following:

AB776,19,21 (a) Advise the secretary of regulation and licensing on matters relating to cemeteries, to this subchapter or subch. VIII of ch. 440, or to the board.

AB776,19,23 (b) Independently exercise its powers, duties, and functions that are specified in this subchapter and subch. VIII of ch. 440.

AB776,20,3 (c) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding investigations and disciplinary matters affecting persons who are registered or licensed by the department under subch. VIII of ch. 440, or in the exercise of administrative discretion with regard to the discipline of those persons.

AB776,20,6 (d) Maintain, in conjunction with the board's operations, in central locations designated by the department, all records pertaining to the functions independently retained by the board.

AB776,20,11 (e) Compile and keep current a register of the names and addresses of all persons who are registered or licensed by the department under subch. VIII of ch. 440 that is retained by the department and that is available for public inspection during the days specified in s. 230.35 (4) (a). The department may also make the register available to the public by electronic transmission.

AB776,20,12 (2) The board does not have rule-making authority.

AB776, s. 43 Section 43. 157.064 (2) of the statutes is amended to read: