LRB-2221/3
MPG:kjf
2015 - 2016 LEGISLATURE
July 8, 2015 - Introduced by Representatives R. Brooks, J. Ott,
Kitchens,
Brandtjen, Kremer, Quinn, Allen, Kooyenga and Kahl, cosponsored by
Senators Lazich, Nass, Stroebel and Lasee. Referred to Committee on State
Affairs and Government Operations.
AB285,1,2
1An Act to create 157.123 of the statutes;
relating to: regulation of columbaria
2maintained by religious associations.
Analysis by the Legislative Reference Bureau
This bill creates an exemption from the requirements applicable to
mausoleums and cemeteries for certain columbaria maintained by religious
associations. A columbarium is a building, structure, or part of a building or
structure that is used or intended to be used for the inurnment of cremated human
remains. Under current law, a columbarium that contains more than ten niches for
the repose of cremated human remains or in which at least one niche is offered for
sale to the general public is considered a "public mausoleum" and must be located in
a cemetery. All columbaria are subject to certain other requirements applicable to
mausoleums under current law.
The exemption created in this bill provides that a columbarium established and
used by a church or other religious association is not subject to the requirements for
mausoleums and cemeteries, including the requirement that a public mausoleum be
contained in a cemetery, if certain requirements are satisfied, including all of the
following:
1. The columbarium must be located on property owned by the religious
association and on which is located the religious association's church building or
other place of worship.
2. The religious association must ensure that the columbarium is perpetually
kept and maintained in a manner consistent with the intent of Wisconsin's
cemeteries law, including by ensuring that sufficient funds are continually available
for the care of the columbarium.
3. If the religious association ceases to use or occupy the church building or
other place of worship where the columbarium is located, the religious association
must relocate the urns contained in the columbarium.
For further information see the state 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:
AB285,1
1Section
1. 157.123 of the statutes is created to read:
AB285,2,3
2157.123 Columbaria maintained by religious associations. (1) 3Definition. In this section, "columbarium" has the meaning given in s. 440.70 (4).
AB285,2,6
4(2) Exemption. A columbarium that is established and used by a religious
5association is not subject to any requirement under this subchapter applicable to a
6mausoleum or cemetery if all of the following requirements are satisfied:
AB285,2,97
(a) The columbarium shall be located on property owned by the religious
8association and on which is located the religious association's church building or
9other place of worship.
AB285,2,1310
(b) The religious association shall ensure that the columbarium is perpetually
11kept and maintained in a manner consistent with the intent of this chapter, including
12by ensuring, consistent with the intent under ss. 157.12 (3) and 157.63, that
13sufficient funds are continually available for the care of the columbarium.
AB285,2,1614
(c) If the religious association ceases to use or occupy the church building or
15other place of worship where the columbarium is located, the religious association
16shall relocate all of the urns in the columbarium containing cremated remains.
AB285,2,19
17(3) Application. (a) Except as provided under par. (b), this section applies to
18all columbaria, including columbaria for which initial construction was commenced
19prior to the effective date of this paragraph .... [LRB inserts date].
AB285,3,4
1(b) This section does not apply to a columbarium for which initial construction
2was commenced during the period beginning on the effective date of this paragraph
3.... [LRB inserts date], and ending on the last day of the 12th month beginning after
4the effective date of this paragraph .... [LRB inserts date].
