AB410: Bill Text

AB410,12,2 157.10 (title) Alienation, disposition, and use of cemetery lots and mausoleum spaces.

AB410,29 Section 29. 157.10 of the statutes is renumbered 157.10 (2) (a) (intro.) and amended to read:

AB410,12,9 157.10 (2) (a) (intro.) While any person is buried in a cemetery lot or mausoleum space, the cemetery lot or mausoleum space shall be inalienable, without the consent of the cemetery authority, and on the death of the last owner, full ownership of the cemetery lot or mausoleum space shall descend to the owner's heirs; but any as follows:

AB410,12,12 (4) Any one or more of such heirs persons under sub. (2) (a) 1. to 3. may, only with the consent of the cemetery authority, convey to any other heir person under sub. (2) (a) 1. to 3. his or her interest in the cemetery lot or mausoleum space.

AB410,12,17 (5) No human remains may be buried in a cemetery lot or mausoleum space except the human remains of one having an interest in owner of the cemetery lot or mausoleum space, or a relative, or the husband or wife spouse of such person an owner, or his or her relative, except by the consent of all persons having an interest in a majority of the owners of the cemetery lot or mausoleum space.

AB410,30 Section 30. 157.10 (1) of the statutes is created to read:

AB410,12,21 157.10 (1) In this section, "owner" means a person named in the records of the cemetery authority who has an ownership interest in a cemetery lot or mausoleum space and a right to bury human remains in the cemetery lot or mausoleum space.

AB410,31 Section 31. 157.10 (2) (a) 1. to 4. of the statutes are created to read:

AB410,12,24 157.10 (2) (a) 1. To the owner's surviving spouse or domestic partner under ch. 770.

AB410,13,2 2. If there is no living member of the class designated in subd. 1., to that owner's children, including by adoption.

AB410,13,4 3. If there is no living member of the class designated in subd. 1. or 2., to the owner's grandchildren, including by adoption.

AB410,13,7 4. If there is no living member of the class designated in subd. 1., 2., or 3., to the cemetery authority for the cemetery in which the cemetery lot or mausoleum space is located.

AB410,32 Section 32. 157.10 (2) (b) of the statutes is created to read:

AB410,13,10 157.10 (2) (b) A cemetery lot or mausoleum space is not part of a decedent's net estate for purposes of s. 852.01.

AB410,33 Section 33. 157.10 (3) of the statutes is created to read:

AB410,13,15 157.10 (3) If ownership of a cemetery lot or mausoleum space descends to the cemetery authority under sub. (2) (a), the cemetery authority shall comply with s. 157.115 (2) (c) to (h) for any grave in the cemetery lot or mausoleum space in which human remains are not buried.

AB410,34 Section 34. 157.10 (6) of the statutes is created to read:

AB410,13,18 157.10 (6) The cemetery authority shall be held harmless for any decision made by a majority of the owners of a cemetery lot or mausoleum space.

AB410,35 Section 35. 157.10 (7) of the statutes is created to read:

AB410,13,24 157.10 (7) A cemetery authority that is a religious association or that is the cemetery authority of a cemetery affiliated with a religious association may adopt a written policy for the disposition of cemetery lots and mausoleum spaces in a cemetery organized and operated by, or affiliated with, the religious association that is different from sub. (2) (a).

AB410,36 Section 36. 157.11 (2) of the statutes is amended to read:

AB410,14,14 157.11 (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 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 1 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 $100 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.

AB410,37 Section 37. 157.11 (9g) (a) 1. b. of the statutes is repealed.

AB410,38 Section 38. 157.11 (9g) (a) 1. c. of the statutes is amended to read:

AB410,14,20 157.11 (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 cemetery board if the care funds are segregated and invested separately from all other moneys held by the cemetery authority.

AB410,39 Section 39. 157.11 (9g) (a) 2. of the statutes is amended to read:

AB410,15,17 157.11 (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. The income from the investment of a care fund for the care of cemetery lots may be used only to maintain the cemetery lots and grounds, except that if the amount of income exceeds the amount necessary to maintain the cemetery lots 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 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).

AB410,40 Section 40. 157.11 (9g) (c) of the statutes is amended to read:

AB410,15,25 157.11 (9g) (c) Except as provided in sub. (11), any cemetery authority that sells a cemetery lot on or after November 1, 1991, shall deposit 15% 15 percent of each payment of principal into a care fund under par. (a) within 30 business 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% 15 percent of the total amount of all payments of principal that have been received, but not less than $25.

AB410,41 Section 41. 157.11 (9m) of the statutes is amended to read:

AB410,16,5 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of safety and professional services cemetery board, shall bring action to recover.

AB410,42 Section 42. 157.11 (10) of the statutes is amended to read:

AB410,16,10 157.11 (10) Exemption for religious societies associations. 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 association or a cemetery authority of a cemetery that is affiliated with a religious association, for that cemetery.

AB410,43 Section 43. 157.112 (3m) of the statutes is amended to read:

AB410,16,16 157.112 (3m) If none of the persons specified in sub. (3) (b) 1. to 4. are available for notification under sub. (3) (b), the cemetery authority shall maintain a record of its attempt to provide notification under sub. (3) (b) for not less than 10 years from the date of the reburial of the human remains under sub. (2) as a part of the cemetery authority's permanent records.

AB410,44 Section 44. 157.115 (2) (a) 1. (intro.) of the statutes is amended to read:

AB410,16,24 157.115 (2) (a) 1. (intro.) "Abandoned lot" means one or more graves any grave or mausoleum space of a cemetery lot that is not owned by the cemetery authority of the cemetery in which the cemetery lot is located if those graves have that grave or that mausoleum space has 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:

AB410,45 Section 45. 157.115 (2) (a) 3. of the statutes is amended to read:

AB410,17,4 157.115 (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 is located, owns or partially owns the abandoned cemetery lot has the meaning given in s. 157.10 (1).

AB410,46 Section 46. 157.115 (2) (b) of the statutes is amended to read:

AB410,17,7 157.115 (2) (b) No cemetery authority may resell an abandoned cemetery lot unless the cemetery authority complies with the requirements in this subsection.

AB410,47 Section 47. 157.115 (2) (c) of the statutes is amended to read:

AB410,17,14 157.115 (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 as provided in this subsection. If an owner is buried in the cemetery in which the abandoned cemetery lot 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.

AB410,48 Section 48. 157.115 (2) (d) (intro.) of the statutes is amended to read:

AB410,17,21 157.115 (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 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 is located, a class 3 notice under ch. 985 that includes all of the following:

AB410,49 Section 49. 157.12 (title) of the statutes is amended to read:

AB410,17,23 157.12 (title) Mausoleums and crematoriums.

AB410,50 Section 50. 157.12 (2) (a) of the statutes is amended to read:

AB410,18,11 157.12 (2) (a) Any person who constructs a mausoleum or converts a building or other structure to a mausoleum shall comply with the rules of the department cemetery board and shall receive department the cemetery board's approval in writing of the plans and specifications prior to construction or conversion. No person may modify plans or specifications which that have been approved under this paragraph without approval in writing from the department cemetery board, unless such modifications are cosmetic in nature. The department cemetery board shall promulgate rules providing reasonable requirements governing the location, material, and construction of a mausoleum, in accordance with the requirements in par. (d). Any municipality may enact ordinances governing mausoleums at least as stringent as this section.

AB410,51 Section 51. 157.12 (2) (b) of the statutes is amended to read:

AB410,19,23 157.12 (2) (b) The department cemetery board shall supervise construction of any public mausoleum and conversion of any building to a public mausoleum. Within 30 days after receiving written notice from the cemetery authority that the construction or conversion has been completed, the department cemetery board shall inspect the public mausoleum and provide the cemetery authority with a written certification as to whether the construction or conversion complies with approved plans. If the department cemetery board determines that, except for certain minor defects, the construction or conversion complies with the approved plans, the department cemetery board may provide the cemetery authority with a written temporary certification of compliance that is contingent on the correction of those minor defects. A temporary certification is valid for a period designated by the department cemetery board, not to exceed 6 months. No person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. 440.92, or bury human remains in a public mausoleum unless a care fund has been established for the mausoleum under sub. (3) and the department cemetery board has provided the cemetery authority with a certification or a temporary certification under this paragraph. If a cemetery authority that has been provided with a temporary certification notifies the department cemetery board in writing before the date on which the temporary certification expires that the defects in the construction or conversion of the public mausoleum have been corrected, the department cemetery board shall, within 30 days after receiving the notice, reinspect the public mausoleum and provide the cemetery authority with a written certification as to whether the construction or conversion complies with the approved plans. If a cemetery authority that has been provided with a temporary certification does not receive a written certification from the department cemetery board before the date on which the temporary certification expires that the construction or conversion complies with the approved plans, then, beginning on the date on which the certification expires, no person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. 440.92, or bury human remains in the public mausoleum until the defects are corrected and the department cemetery board subsequently inspects the public mausoleum and provides the cemetery authority with a certification that the construction or conversion complies with the approved plans. The department cemetery board may charge a reasonable fee to the cemetery authority for each inspection and certification provided under this paragraph if the inspection and certification are provided within the applicable 30-day period prescribed under this paragraph.

AB410,52 Section 52. 157.12 (3) (a) 3. of the statutes is amended to read:

AB410,20,7 157.12 (3) (a) 3. The operator shall make deposits required under subds. 1. and 2. within 30 days after the last day of the month in which the payment is received. The municipality in which the mausoleum is located may, by ordinance, require a larger fund, but only if the department cemetery board notifies the municipality in writing that the department cemetery board approves of the requirement. The department cemetery board may promulgate rules establishing uniform standards for approvals under this subdivision.

AB410,53 Section 53. 157.12 (3) (b) of the statutes is amended to read:

AB410,20,18 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of safety and professional services cemetery board to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

AB410,54 Section 54. 157.12 (4) of the statutes is renumbered 440.78 (10) and amended to read:

AB410,21,3 440.78 (10) Construction of crematoriums a crematory. (a) Any person who constructs a crematorium crematory or converts a building or other structure to a crematorium crematory shall comply with the rules of the department and shall receive department approval in writing of the plans and specifications prior to construction or conversion. The department may promulgate rules governing the location, material, and construction of any crematorium crematory. Any municipality may enact ordinances governing crematoriums the construction of a crematory that are at least as stringent as this subsection.

AB410,21,9 (b) The department shall supervise construction of any crematorium crematory and conversion of any building or other structure to a crematorium crematory. No person may modify departmental construction or conversion requirements without written approval of the department. No person crematory authority may operate a crematorium crematory unless the department certifies in writing that construction or conversion complied with approved plans.

AB410,55 Section 55. 157.125 (1) of the statutes is amended to read:

AB410,21,25 157.125 (1) If a trust is created for the care of a burial place or grave but no trustee is named in the will to administer the trust, the circuit court having jurisdiction may name the county treasurer of the county in which the burial place or grave is situated as trustee, except as provided in sub. (2). If not contrary to the terms of the trust, the county treasurer may contract with the person in charge of the burial place or grave for its care and pay to that person the income from the trust property or the part of the income that may be necessary for that purpose, and if. If there is no person in charge of the burial place or grave, then the income shall be paid to the city, village, or town, in which the burial place or grave is situated, and for the purposes of this subsection, the governing body of that municipality has the duty of caring for the burial place or grave to the extent of money received for that purpose. The county treasurer shall annually render an account to the circuit court as provided in ch. 701 and the person or municipality receiving money for such care shall also render an annual accounting to the circuit court and the department cemetery board as provided in s. 157.62 (2) (b) 3. to 7.

AB410,56 Section 56. 157.125 (2) of the statutes is amended to read:

AB410,22,6 157.125 (2) If the burial place or grave is located in a cemetery owned and operated by, or affiliated with, a religious society organized under ch. 187 association, the court shall name the religious society association as the trustee unless the religious society association petitions the court to name the county treasurer as the trustee.

AB410,57 Section 57. 157.19 (5) (a) of the statutes is amended to read:

AB410,22,13 157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of a cemetery authority that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m).

AB410,58 Section 58. 157.19 (5) (b) of the statutes is amended to read:

AB410,22,20 157.19 (5) (b) If the cemetery board determines that care funds under s. 157.11 (9g) that have not been deposited with a city or county as provided in s. 157.11 (9g) (a) are not being properly segregated from other moneys held by the cemetery authority or that those care funds are not being properly invested as required in s. 157.11 (9g) (a), the cemetery board may require the cemetery authority to deposit those care funds with a financial institution for investment under this section.

AB410,59 Section 59. 157.60 of the statutes is amended to read:

AB410,23,7 157.60 Public easement in cemetery. Any person who shall open or make opens or makes any highway, town way, or private way or shall construct constructs any railroad, turnpike, or canal or anything in the nature of a public easement over, through, in, or upon such part of any enclosure, being the property of any town, city, village or municipality, religious society association, or of private proprietors proprietor, as may be used for the burial of the dead, unless an authority for that purpose shall be is specially granted by law or unless the consent of such town, city, village municipality, religious society association, or private proprietors, respectively, shall be proprietor is first obtained by the person, shall be punished by imprisonment in the county jail not more than one year or and by fine not exceeding $300 $3,000.

AB410,60 Section 60. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB410,23,14 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions cemetery board. The report shall be made on a calendar-year basis unless the department of financial institutions cemetery board, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

AB410,61 Section 61. 157.62 (1) (c) of the statutes is amended to read:

AB410,23,21 157.62 (1) (c) The department of financial institutions cemetery board may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions cemetery board prescribes forms under this paragraph, the department of financial institutions cemetery board shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

AB410,62 Section 62. 157.62 (2) (b) 6m. of the statutes is created to read:

AB410,23,23 157.62 (2) (b) 6m. The names of the officers of the cemetery authority.

AB410,63 Section 63. 157.62 (2) (d) of the statutes is amended to read:

AB410,24,2 157.62 (2) (d) The department board shall review each report filed under par. (a) to determine whether the cemetery authority is complying with this subchapter.

AB410,64 Section 64. 157.62 (3) (b) 2. of the statutes is repealed.

AB410,65 Section 65. 157.62 (3) (b) 2g. of the statutes is created to read:

AB410,24,7 157.62 (3) (b) 2g. All records supporting the accounting under sub. (2) (b) 3., including records that show, for each deposit, the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased.

AB410,66 Section 66. 157.62 (3) (b) 2r. of the statutes is created to read:

AB410,24,11 157.62 (3) (b) 2r. All records supporting the accounting under sub. (2) (b) 4., including records that show, for each deposit, the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased.

AB410,67 Section 67. 157.62 (4) of the statutes is amended to read:

AB410,24,20 157.62 (4) Records maintenance. The records under sub. (3) (b) 1. shall be permanently maintained by the cemetery authority or licensee. Each record under sub. (3) (b) 2.   2g. shall be maintained for not less than 3 15 years after the date of the deposit. Each record under sub. (3) (b) 2r. shall be permanently maintained by the cemetery authority or licensee. Each copy of a contract under sub. (3) (b) 3. shall be maintained for not less than 3 years after all of the obligations of the contract have been fulfilled. The department cemetery board may promulgate rules to establish longer time periods for maintaining records under sub. (3) (b) 2. 2g. and 3.

AB410,68 Section 68. 157.62 (5) of the statutes is renumbered 157.62 (5) (intro.) and amended to read:

AB410,25,2 157.62 (5) Rules; records. (intro.) The department cemetery board may shall promulgate rules requiring cemetery authorities and licensees to maintain other records and establishing minimum time periods for the maintenance of those records. The records shall include detailed information for each deceased person buried in a cemetery, including all of the following:

AB410,69 Section 69. 157.62 (5) (a) to (j) of the statutes are created to read:

AB410,25,4 157.62 (5) (a) The name of the deceased.

AB410,25,5 (b) The last-known address of the deceased.

AB410,25,6 (c) The date of birth of the deceased.