AB776: Bill Text

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:

AB776,20,18 157.064 (2) A cemetery or religious association incorporated in this state and having a cemetery in or near a 1st or 2nd class city and any cemetery described under s. 157.065 (3m) (d) may acquire by gift or purchase up to 30 acres of adjoining lands for cemetery purposes, and may pay for it wholly or partly from its cemetery lot burial space sales.

AB776, s. 44 Section 44. 157.064 (6) of the statutes is amended to read:

AB776,21,7 157.064 (6) Whenever the majority of the members of a cemetery association, or of a religious association authorized to hold lands for cemetery purposes, present at an annual meeting or special meeting called for such purpose vote to convey all of the cemetery association's or religious association's cemetery property, trust funds and other property used for cemetery purposes to another cemetery association or religious association, the trustees of the association shall transfer the property upon the acceptance of the transfer by the other association by affirmative vote of a majority of its members present at an annual meeting or special meeting called for that purpose. Upon such acceptance, the title to the cemetery property, trust funds and other property of the transferring association vests in the accepting association under the control of the trustees of the accepting association. A conveyance under this subsection is subject to s. 157.08 (2). This subsection does not apply to a religious society organized under ch. 187 cemetery authority.

AB776, s. 45 Section 45. 157.065 (1) (b) 4. of the statutes is repealed.

AB776, s. 46 Section 46. 157.066 of the statutes is created to read:

AB776,21,12 157.066 Burial spaces not located in cemeteries. (1) A city, village, or town may enact and enforce an ordinance that allows a person to bury human remains in a burial space that is not located in a cemetery.

AB776,21,15 (2) Unless a city, village, or town has enacted an ordinance under sub. (1), no person may bury human remains in the city, village, or town in a burial space that is not located in a cemetery.

AB776, s. 47 Section 47. 157.07 (1) of the statutes is amended to read:

AB776,21,24 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a land surveyor registered in this state those portions of the lands that are from time to time required for burial used, after the effective date of this subsection .... [revisor inserts date], for burials, into cemetery lots burial spaces, drives, and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town, in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

AB776, s. 48 Section 48. 157.07 (5) of the statutes is amended to read:

AB776,22,12 157.07 (5) The cemetery authority may vacate or replat any portion of its cemetery upon the filing of a petition with the circuit court describing the portion and setting forth the facts and reasons therefor. The court shall fix a time for hearing and direct publication of a class 3 notice, under ch. 985, and the court shall order a copy of the notice to be mailed to at least one interested person, as to each separate parcel involved, whose post-office address is known or can be ascertained with reasonable diligence, at least 20 days before such hearing. If the court finds that the proposed vacating or replatting is for the best interest of the cemetery authority and that the rights of none to whom cemetery lots burial spaces have been conveyed will be injured, it shall enter an order reciting the jurisdictional facts and its findings and authorizing the vacating or replatting of the lands of the cemetery. The order shall be effective when recorded by the register of deeds.

AB776, s. 49 Section 49. 157.07 (6) of the statutes is amended to read:

AB776,22,15 157.07 (6) This section does not apply to a religious society organized under ch. 187 cemetery authority.

AB776, s. 50 Section 50. 157.08 (1) of the statutes is amended to read:

AB776,22,23 157.08 (1) After the plat or map is recorded under s. 157.07, the cemetery authority may sell and convey cemetery lots burial spaces. Conveyances shall be signed by the chief officer of the cemetery authority, and by the secretary or clerk of the cemetery authority, if any. Before delivering the conveyance to the grantee, the cemetery authority shall enter on records kept for that purpose, the date and consideration and the name and residence of the grantee. The conveyances may be recorded with the register of deeds.

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: