SB55-SSA1-SA2,452,11 (4) Department and board powers and duties. (a) From the appropriation under s. 20.165 (1) (q), the board shall make disbursements to trustees. The department shall promulgate rules establishing requirements and procedures for making the disbursements.

SB55-SSA1-SA2,452,13 (b) The department may promulgate rules to carry out the purposes of this section.

SB55-SSA1-SA2,452,15 (5) Termination of trusteeship. A court that appointed a trustee shall terminate the trusteeship if any of the following applies:

SB55-SSA1-SA2,452,19 (a) The owner or operator of a cemetery or mausoleum demonstrates to the satisfaction of the court that the conditions that necessitated the trusteeship have been remedied and that it is competent and capable of managing the cemetery or mausoleum.

SB55-SSA1-SA2,452,23 (b) The court finds that a new operator is competent and capable of managing the cemetery or mausoleum. Upon making a finding under this paragraph, the court shall approve the transfer of the management of the cemetery or mausoleum to the new operator.

SB55-SSA1-SA2,453,3 (c) The court approves the sale or transfer of a cemetery or mausoleum to a new owner, other than the state, that the court finds is capable and competent to manage the cemetery or mausoleum on a financially sound basis.

SB55-SSA1-SA2,453,5 (d) The court approves the closure of a cemetery or mausoleum after all human remains have been removed and reinterred.

SB55-SSA1-SA2, s. 2852pz Section 2852pz. 157.12 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,454,15 157.12 (2) (b) The department 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 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 determines that, except for certain minor defects, the construction or conversion complies with the approved plans, the department 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, not to exceed 6 months. No person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. ss. 440.92 and 440.922, or bury human remains in a public mausoleum unless a care fund has been established for the mausoleum under sub. (3) and the department 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 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 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 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. ss. 440.92 and 440.922, or bury human remains in the public mausoleum until the defects are corrected and the department 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 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.

SB55-SSA1-SA2, s. 2852qb Section 2852qb. 157.12 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,455,7 157.12 (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 regulation and licensing to indemnify the cemetery against loss if the treasurer fails to maintain the fund. The amount of the bond shall be no less than the total of all payments of principal required under this section as stated in the most recent annual report filed by the cemetery authority under s. 157.62. 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, and the manner in which the care funds are invested may not permit the withdrawal of the fund's principal amount, but may permit the withdrawal of interest, dividends, or capital gains earned during the most recently completed calendar year. 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.

SB55-SSA1-SA2, s. 2852qd Section 2852qd. 157.125 (title) of the statutes is amended to read:

SB55-SSA1-SA2,455,10 157.125 (title) Trustees for the care of cemeteries or cemetery lots burial spaces.

SB55-SSA1-SA2, s. 2852qf Section 2852qf. 157.125 (2) of the statutes is amended to read:

SB55-SSA1-SA2,455,16 157.125 (2) If the burial place or grave is located in a cemetery owned and operated by a religious society organized under ch. 187 cemetery authority, the court shall name the religious society cemetery authority as the trustee unless the religious society cemetery authority petitions the court to name the county treasurer as the trustee.

SB55-SSA1-SA2, s. 2852qh Section 2852qh. 157.128 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,455,19 157.128 (2) (a) The cemetery is owned by a religious association cemetery authority.

SB55-SSA1-SA2, s. 2852qhk Section 2852qhk. 157.128 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,455,22 157.128 (2) (b) The religious association cemetery authority is responsible for all liabilities of the cemetery.

SB55-SSA1-SA2, s. 2852qhL Section 2852qhL. 157.128 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,455,25 157.128 (2) (c) The total acreage of all other cemeteries owned by the religious association cemetery authority exceeds 20 acres.

SB55-SSA1-SA2, s. 2852qj Section 2852qj. 157.128 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,456,4 157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by 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.

SB55-SSA1-SA2, s. 2852qL Section 2852qL. 157.19 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,456,18 157.19 (2) (c) Upon request of the financial institution, the preneed seller, as defined in s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales contract. Except as provided in s. 440.92 (2) (c), (f) and (j) and (5) ss. 440.922 (3), (5) (c), and (8), and 440.924, preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled. The financial institution is not responsible for the fulfillment of any part of the preneed sales contract, except that the financial institution shall release the preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, as provided by the terms of the preneed sales contract. The trustee of a preneed trust fund may not be changed without the department's written approval. If the trustee or account number of a preneed trust fund is changed, the cemetery authority shall notify the department in writing within 30 days after the change.

SB55-SSA1-SA2, s. 2852qn Section 2852qn. 157.19 (4m) of the statutes is created to read:

SB55-SSA1-SA2,457,4 157.19 (4m) The department shall request proposals from financial institutions located in this state for the purpose of selecting a financial institution that cemetery authorities and preneed sellers may use as the trustee for care funds under s. 157.11 (9g) and 157.12 (3) and preneed trust funds under s. 440.92. Except as provided in sub. (5) (c), a cemetery authority or preneed seller is not required to use the financial institution selected by the department. The financial institution selected under this subsection shall submit an annual report to the department, in a form and manner satisfactory to the department, that provides an accounting of all care funds and preneed trust funds for which the financial institution is the trustee.

SB55-SSA1-SA2, s. 2852qp Section 2852qp. 157.19 (5) (a) of the statutes is amended to read:

SB55-SSA1-SA2,457,12 157.19 (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, or 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 registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.