Wisconsin Annotations

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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

      1. What is the criminal liability for unlawfully excavating human remains or archaeological resources?

        The county coroner or medical examiner shall issue an authorization for disinterment and reinterment of a corpse upon receipt of an order of a court that has jurisdiction, or upon receipt of a written application for disinterment and reinterment signed by: 1) the person in charge of the disinterment and 2) by any of the following persons, in order of priority stated: an authorized representative of the decedent; the decedent’s spouse; the surviving adult child of the decedent; the surviving parent of the decedent; the surviving adult sibling of the decedent; the next of kin of the decedent; the guardian of the decedent.

        A cemetery may disinter and reinter buried human remains without first obtaining a permit.

        69.18. Death Records. Authorization for disinterment and reinterment.)

        No human remains that are buried or resting in a permanent vault may be disinterred, transported and reinterred unless a disinterment permit is first obtained from the coroner or medical examiner of the county in which the disinterment is to take place.

        (Administrative Code - DHS [Department of Health Services] § 135.07 Disinterment.)

        Whoever violates this subchapter shall forfeit not less than $100 nor more than $500.

        44.47(7)(a) Field Archaeology. Penalties)

      2. What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

        Selling any material or device that is obtained from cremated human remains is prohibited.

        440.80 (4). Disposition of Cremated Remains. Prohibited Sales]

      3. What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

        Any person who intentionally conceals, cancels, defaces, obliterates, or damages the authorization for final disposition of another without the declarant's consent may be fined not more than $500 or imprisoned not more than 30 days or both.

        154.30 (10). Control of final disposition of certain human remains. Penalty .)

        Any officer or person in possession of a corpse who refuses to report and deliver it when required to do so, or who unlawfully sells or delivers a corpse outside the state shall be liable to the person, university, or medical school aggrieved for $50.

        157.04. Penalty.)

      4. What is the criminal liability for unlawfully disturbing human remains and funerary objects?

        Except as provided under §157.70(4) (Procedure for un-catalogued burial sites).and §157.70(5) (Procedure for cataloged burial sites) and §§ 157.111 (Opening and closing of burial places) and 157.112 (Reburial of human remains by a cemetery authority), no person may intentionally cause or permit the disturbance of a burial site or cataloged land contiguous to a cataloged burial site. This subsection does not prohibit normal agricultural or silvicultural practices which do not disturb the human remains in a burial site or the surface characteristics of a burial site.

        157.70 (2r). Burial sites preservation. Site disturbance prohibited.)

        A person shall immediately notify the director of the historical society if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed.

        157.70(3). Burial sites preservation. Report of disturbed burial sites.)

        Failing to report the disturbance of a burial site or the cataloged land contiguous to a cataloged burial site shall forfeit not less than $100 nor more than $1,000.

        Intentionally disturbing a burial site which is not cataloged without the authorization of the director of the historical society shall forfeit not less than $1,000 nor more than $10,000 if the burial site is dedicated.

        Any owner who intentionally and without authorization causes or permits any activity which disturbs a burial site after receiving notice from the director of the historical society about the burial site shall forfeit not less than $1,000 nor more than $10,000.

        Any person who intentionally causes or permits any activity which disturbs a cataloged burial site or the cataloged land contiguous to a cataloged burial site without a permit shall forfeit not less than $1,000 nor more than $10,000.

        Any person who disturbs a burial site for commercial gain not related to the use of the land where a burial site is located, or who disturbs a cataloged burial site for commercial gain related to use of the land where a burial site is located in violation of this section may be fined not to exceed 2 times the gross value gained or 2 times the gross loss caused by the disturbance, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred, or imprisoned for not more than one year in the county jail or both. In calculating the amount of the fine based on personal injury, any measurement of pain and suffering shall be excluded.

        157.70(10) Burial sites preservation. Penalties.)

      5. What is the criminal liability for defacing or destroying historical or archaeological sites?

        Defacing, destroying, injuring, displacing or removing an archaeological object belonging to the state is penalized by a fine not less than $1,000 nor more than $5,000.

        44.47 (7)(a)2 Field Archaeology. Penalties)

      6. What is the criminal liability for unlawfully reproducing historic or archaeological sites?

        Wisconsin does not appear to have a specific law barring the reproduction of historic or archaeological sites.

      7. What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

        Wisconsin does not appear to have a specific for unlawfully destroying gravestones.

      8. What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

        Removing an archaeological object from a state site, or site owned by a political subdivision, for commercial gain in violation of the law regarding field archaeology shall forfeit an amount not exceeding 2 times greater than the gross value gained or the gross loss caused by the disturbance, whichever is more, plus court costs and costs of investigation reasonably incurred.

        44.47 (7)(a)3 Field Archaeology. Penalties)

      9. What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

        Defacing, destroying, injuring, displacing or removing an archaeological object belonging to the state is penalized by a fine not less than $1,000 nor more than $5,000.

        44.47 (7)(a)2 Field Archaeology. Penalties)

        Damaging a rock art site ("rock art site" means an archaeological site that contains paintings, carvings or other deliberate modifications of an immobile rock surface, such as a cave, overhang, boulder or bluff face, to produce symbols, stories, messages, designs or pictures. "Rock art site" includes artifacts and other cultural items, modified soils, bone and other objects of archaeological interest that are located adjacent to the paintings, carvings or other deliberate rock surface modifications.) that is listed on the national register of historic places in Wisconsin, or any portion of a rock art site, or any object that is part of a rock art site, is a Class I felony.

        943.01(2) Damage to Property.)

      10. What is the criminal liability for removing or damaging headstones?

        No person may intentionally cause the disturbance of a burial site. This subsection does not prohibit normal agricultural or silvicultural practices which do not disturb the human remains in a burial site or the surface characteristics of a burial site.

        157.70 Burial Sites Preservation. Site disturbance prohibited.]

        Someone who intentionally disturbs a burial site is liable for attorney fees and damages or other appropriate relief to any person with an interest in preserving the burial site or in reinterring the human remains and objects related to the burial in the burial site.

        157.70. Burial Sites Preservation. Remedies]

      11. What are the general state criminal laws for abuse of corpse?

        Any officer or person in possession of a corpse who refuses to report and deliver it when required to do so, or who unlawfully sells or delivers a corpse outside the state shall be liable to the person, university, or medical school aggrieved for $50.

        157.04. Penalty.)

        Mutilating, disfiguring or dismembering a corpse, for the purposes of concealing a crime or avoiding apprehension, prosecution or conviction for a crime, is guilty of a Class F felony.

        Whoever hides or buries a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class G felony.

        940.11 Mutilating or hiding a corpse.)

        A person who directs the cremation of human remains is liable for damages resulting from authorizing the cremation of the human remains of a decedent.

        440.75 Liability of a person who directs the cremation of human remains. )

        Any person who violates any part of, or rule promulgated under the subchapter on Crematory Authorities may be fined not more than $1,000 or imprisoned for not more than 6 months or both. In addition to or in lieu of those penalties, any person who violates the rules for Crematory Authorities may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate violation.

        440.86 Penalties. )

      12. What are the general state criminal laws for theft?

        Anyone who intentionally takes and carries away, uses, transfers, conceals, or retains possession of the movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property, commits theft.

        943.20 (1). Theft.)

        Theft of property valued at $2,500 or less constitutes a Class A misdemeanor.

        Theft of property valued at over $2,500 but less than $5,000 constitutes a Class I felony.

        Theft of property valued at over $5,000 but less than $10,000 constitutes a Class H felony.

        Theft of property valued at over $10,000 constitutes a Class G felony.

        Theft of any of the following constitutes a Class H felony:

        · a domestic animal

        · property from a building that has been destroyed or left unoccupied after a physical disaster, riot, bombing or battle

        · property taken after a physical disaster, riot, bombing or battle necessitated removal from a building

        · a firearm

        · property taken from a patient or resident at a facility or program, or from an individual at risk

        Theft of property from another person or a corpse is a Class G felony.

        943.20 (3). Theft.)

      13. What are the general state criminal laws for receiving stolen property?

        Whoever intentionally receives or conceals stolen property is guilty of:

        · A Class A misdemeanor, if the value of the property does not exceed $2,500.

        · A Class I felony, if the value of the property exceeds $2,500 but does not exceed $5,000.

        · A Class H felony, if the value of the property exceeds $5,000 but does not exceed $10,000.

        · A Class G felony, if the value of the property exceeds $10,000.

        943.34 Receiving stolen property.)

      14. What are the general state criminal laws for unlawful trespass?

        Burglary

        · Intentionally entering a building or dwelling, an enclosed railway car, an enclosed portion of a ship or vessel, a locked cargo portion of a truck or trailer, a motor home, or a room in any of the aforementioned places, with the intent to steal or commit a felony therein is a Class F felony.

        · Intentionally entering a building or dwelling, an enclosed railway car, an enclosed portion of a ship or vessel, a locked cargo portion of a truck or trailer, a motor home, or a room in any of the aforementioned places, with the intent to steal or commit a felony therein, and carrying a dangerous weapon or device, is a Class E felony.

        · Intentionally entering a building or dwelling, an enclosed railway car, an enclosed portion of a ship or vessel, a locked cargo portion of a truck or trailer, a motor home, or a room in any of the aforementioned places, with the intent to steal or commit a felony therein, and, despite entering unarmed, arming himself/herself while inside the burglarized enclosure, is a Class E felony.

        · Intentionally entering a building or dwelling, an enclosed railway car, an enclosed portion of a ship or vessel, a locked cargo portion of a truck or trailer, a motor home, or a room in any of the aforementioned places, with the intent to steal or commit a felony therein, and while inside the burglarized enclosure, opening or attempting to open a depository by use of an explosive is a Class E felony.

        · Intentionally entering a building or dwelling, an enclosed railway car, an enclosed portion of a ship or vessel, a locked cargo portion of a truck or trailer, a motor home, or a room in any of the aforementioned places, with the intent to steal or commit a felony therein, and while inside the burglarized enclosure, committing battery on a person lawfully inside, is a Class E felony.

        943.10. Burglary)

        Trespass to land

        · Entering any enclosed, cultivated or undeveloped land of another, other than open land (defined in this section as: 1. The land is not occupied by a structure or improvement being used or occupied as a dwelling unit; 2. The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.; 3. The land is not occupied by a public building.; 4. The land is not occupied by a place of employment.), or entering any occupied by a structure used for agricultural purposes, or entering or remaining on any land of another after having been notified by the owner not to enter or remain on the premises, or entering or remaining on open land that as an inholding (defined in this section as a parcel of land that is private property and that is surrounded completely by land owned by the United States, by this state or by a local governmental unit or any combination of the United States, this state and a local governmental unit.) of another after being notified by the owner not to enter or remain on the land, or entering undeveloped private land from a parcel of land owned by the United States, is subject to a Class B forfeiture.

        · Putting signs on the land of another without obtaining the express consent of the lawful occupant or holder of legal title to the land is subject to a Class C forfeiture.

        943.13. Trespass to land)

      15. What are the general state criminal laws for mischief?

        Wisconsin statutes do not appear to specifically address mischief.

      16. What are the general state criminal laws for damage to property?

        (NOTE: THIS SECTION IS ALSO CROSS REFERENCED TO DECISION MAKING)

        Damage to Property

        · Intentionally causing damage to another person’s physical property without the person’s consent is considered damage to property, and is a Class A misdemeanor. If the total property damaged is reduced in value by more than $2,500, it is a Class I felony.

        · Damaging a vehicle or highway (“highway” is defined in this section as any public way or thoroughfare, including bridges thereon, any roadways commonly used for vehicular traffic, whether public or private, any railroad, including street and interurban railways, and any navigable waterway or airport.) in a way that is likely to cause injury to a person or cause further property damage is a Class I felony.

        · Damaging a public utility or common carrier in a way that is likely to impair the services of the public utility or common carrier is a Class I felony.

        · Damaging the property of a grand or petit juror for his/her part in any verdict or indictment is a Class I felony.

        · Damaging property on state-owned land that is protected by the department of natural resources is a Class I felony.

        · Damaging a rock art site (defined in this section as an archaeological site that contains paintings, carvings or other deliberate modifications of an immobile rock surface, such as a cave, overhang, boulder or bluff face, to produce symbols, stories, messages, designs or pictures. “Rock art site” includes artifacts and other cultural items, modified soils, bone and other objects of archaeological interest that are located adjacent to the paintings, carvings or other deliberate rock surface modifications.), or any portion of a rock art site that is listed on the national register of historic places in Wisconsin, or the state register of historic places, is a Class I felony.

        · Damaging a plant, material taken, extracted, or harvested from a plant, or seeds used to grow or develop a plant that is or was being grown in conjunction with plant research and development (defined in this section as research regarding plants or development of plants, if the research or development is undertaken in conjunction or coordination with the state, a federal or local government agency, a university, or a private research facility) is a Class I felony.

        · Damaging a machine operated by the insertion of coins, currency, debit cards or credit cards, with the intent to commit theft from the machine, and reducing the value of the machine by more than $500 but less than $2,500, is a Class I felony.

        · Damaging another person’s physical property when the person does not consent to the damage is a Class B forfeiture.

        · Damaging property on state-owned land that is listed on the registry maintained by the department of natural resources is a Class B forfeiture.

        · If more than one item of property is damaged under a single intent and design, the damage may be prosecuted as a single forfeiture offense or crime.

        943.01. Damage to property.)

        Criminal Damage to or graffiti on religious and other property

        Intentionally causing damage to, marking, drawing, or writing on any physical property of another without the person’s consent and with the knowledge of the character of the property is a Class I felony of the property is: a church, synagogue, or other building used for religious worship; a cemetery, or facility used for burying or memorializing the dead; a school or community center identified with persons of a particular race, religion, color, disability, sexual orientation, national orientation, or ancestry.

        943.012. Criminal damage to or graffiti on religious and other property.)

        Demolition of historic building without authorization

        Intentionally demolishing a historic building (defined in this section as any building or structure that is listed on, or any building or structure within and contributing to a historic district that is listed on, the national register of historic places in Wisconsin or the state register of historic places or any building or structure that is included on a list of historic places designated by a city, village, town or county) without a permit or without an order issued under s. 66.0413, is guilty of a Class A misdemeanor.

        943.014. Demolition of historic building without authorization)

        Graffiti

        · Intentionally marking, drawing, or writing on the physical property of another is a Class A misdemeanor.

        · Intentionally marking, drawing, or writing on property on a highway in a way that is likely to cause injury or further property damage is a Class I felony.

        · Intentionally marking, drawing, or writing on property belonging to a public utility or common carrier in a way that is likely to impair the services of the public utility or common carrier is a Class I felony.

        · Intentionally marking, drawing, or writing on property belonging to a grand or petit juror because of his/her role in a grand or petit jury is a Class I felony.

        · Intentionally marking, drawing, or writing on property where the property affected reduced in value by more than $2,500 is a Class I felony

        · Intentionally marking, drawing, or writing on property that is on state-owned land and listed on the registry in § 943.01 is a Class I felony.

        · In addition to other penalties that may apply to the crime of graffiti, the court may require that a convicted defendant perform 100 hours of community service work for an individual, a public agency or a nonprofit charitable organization.

        943.017. Graffiti)

        Arson

        Intentionally damaging property of another (not a building and having value of $100 or more) by fire, without the person's consent is a Class I felony.

        943.03. Arson of property other than building)

      17. What are the general state criminal laws for hate crimes?

        If a person intentionally selects the person against whom to commit a crime, or selects the property that is damaged or otherwise affected by the crime in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, (whether or not the actor's belief or perception was correct), the penalties for the crime are increased.

        · If the crime committed is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum term of imprisonment is one year in the county jail.

        · If the crime committed is ordinarily a Class A misdemeanor, the penalty increase changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum term of imprisonment is 2 years.

        · If the crime committed is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

        This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime .

        939.645. Penalty; crimes committed against certain people or property.)

    2. Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

      1. How is the excavation of historical and archaeological resources restricted in this state?

        The state reserves to itself the exclusive right of field archaeology on state site, and establishes regulations for field archaeology on political subdivisions, in order to protect and preserve archaeological and scientific information, matter and objects. People practicing field archaeology on private lands are strongly encouraged to pursue field archaeology in accordance with the laws regarding field archaeology; looting is strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist. This section is not intended to burden persons who wish to use state public property for recreational and other lawful purposes or to unnecessarily restrict the use of state public property.

        44.47. Field archaeology.)

        No person other than the state archaeologist and individuals licensed by the director may engage in any field archaeology on any state site or site owned by a political subdivision.

        44.47 (2) Unlicensed field archaeology prohibited.)

      2. How is the collection or removal of historic and archaeological resources restricted in this state?

        The state reserves to itself the exclusive right of field archaeology on state site, and establishes regulations for field archaeology on political subdivisions, in order to protect and preserve archaeological and scientific information, matter and objects. People practicing field archaeology on private lands are strongly encouraged to pursue field archaeology in accordance with the laws regarding field archaeology; looting is strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist. This section is not intended to burden persons who wish to use state public property for recreational and other lawful purposes or to unnecessarily restrict the use of state public property.

        44.47. Field archaeology.)

        No person other than the state archaeologist and individuals licensed by the director may engage in any field archaeology on any state site or site owned by a political subdivision.

        44.47 (2) Unlicensed field archaeology prohibited.)

        The state reserves to itself the title to all objects found and all data gathered in field archaeology on state sites. The state may permit a custodian other than the historical society to hold title to the objects and data, as a trustee for the state, but physical possession shall revert to the state if such custodian ceases to exist or the custodian is not properly caring for the items, or keeping them conveniently available for study by students of archaeology.

        44.47 (5) Ownership, custody and use of objects and data.)

      3. What specific laws restrict the alienation or use of historic burial places?

        While any person is buried in a cemetery lot, the cemetery lot shall be inalienable, without the consent of the cemetery authority, and on the death of the owner, ownership of the cemetery lot shall descend to the owner's heirs. Any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot.

        No human remains may be buried in a cemetery lot except the human remains of one having an interest in the cemetery lot, or a relative, or the husband or wife of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot.

        157.10 Alienation and use of cemetery lots.)

    3. Time Limits for Bringing Criminal Action

      1. What time limits govern the initiation of a criminal action related to the protection of burials?

        Prosecution of a felony must be commenced within six years. Prosecution for a misdemeanor or for adultery must be commenced with three years after the commission thereof. A prosecution is commenced when a warrant or summons is issued, an indictment found, or an information filed.

        939.74. Time limitations on prosecutions)

    4. Time Limits for Bringing Civil Action

      1. What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?

        An action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within six years after the cause of action accrues. The cause of action accrues at the time the wrongful taking occurs.

        893.51. Action for wrongful taking of personal property)

        An action, not arising out of a contract, to recover damages for an injury to real or personal property shall be commenced within six years after the cause of action accrues.

        893.52. Action for damages for injury to property)

        An action for injuries to the person or to recover damages for death caused by wrongful act must be commenced within three years.

        893.54. Injury to the person)

  2. Sanctions

    1. Criminal

      1. What are the general criminal fines and penalties for misdemeanors and felonies in the state?

        Penalty for Forfeitures

        · For a Class A forfeiture, the penalty is a fine not to exceed $10,000.

        · For a Class B forfeiture, the penalty is a fine not to exceed $1,000.

        · For a Class C forfeiture, the penalty is a fine not to exceed $500.

        · For a Class D forfeiture, the penalty is a fine not to exceed $200.

        · For a Class E forfeiture, the penalty is a fine not to exceed $25.

        939.52. Classification of forfeitures.)

        Penalty for Misdemeanors

        · For a Class A misdemeanor, the penalty is a fine not to exceed $10,000 or imprisonment not to exceed nine months, or both.

        · For a Class B misdemeanor, the penalty is a fine not to exceed $1,000 or imprisonment not to exceed ninety days, or both.

        · For a Class C misdemeanor, the penalty is a fine not to exceed $500 or imprisonment not to exceed thirty days, or both.

        939.51. Classification of misdemeanors)

        Penalty for Felonies

        · For a Class A felony, the penalty is life imprisonment.

        · For a Class B felony, the penalty is imprisonment not to exceed sixty years.

        · For a Class C felony, the penalty is a fine not to exceed $ 100,000 or imprisonment not to exceed forty years, or both.

        · For a Class D felony, the penalty is a fine not to exceed $ 100,000 or imprisonment not to exceed twenty-five years, or both.

        · For a Class E felony, the penalty is a fine not to exceed $ 50,000 or imprisonment not to exceed fifteen years, or both.

        · For a Class F felony, the penalty is a fine not to exceed $25,000 or imprisonment not to exceed twelve years and six months, or both.

        · For a Class G felony, the penalty is a fine not to exceed $25,000 or imprisonment not to exceed ten years, or both.

        · For a Class H felony, the penalty is a fine not to exceed $10,000 or imprisonment not to exceed six years, or both.

        · For a Class I felony, the penalty is a fine not to exceed $10,000 or imprisonment not to exceed three years and six months, or both.

        939.50. Classification of felonies)

    2. Civil or Administrative

      1. What are the civil sanctions related to burial protection in the state?

        Any person who intentionally disturbs, without the authorization of the director, a burial site which is not cataloged, or who intentionally disturbs, without a permit issued, a cataloged burial site or the cataloged land contiguous to a cataloged burial site is liable for attorney fees and damages or other appropriate relief to any person with an interest in preserving the burial site or in reinterring the human remains and objects related to the burial in the burial site. Any person with an interest in preserving a burial site or in reinterring the human remains in the burial site may bring an action for an injunction to prevent disturbance to the burial site or the cataloged land contiguous to a cataloged burial site or to obtain the human remains and objects related to the burial in the burial site for appropriate reinterment.

        157.70 (8) Burial sites preservation. Remedies.)

      2. What are the administrative sanctions related to burial protection in the state?

        If the department of regulation and licensing has reason to believe that any person is violating or has violated any rule related to cemeteries, and that the continuation of that activity might cause injury to the public interest, the department of regulation and licensing may investigate.

        If the department of commerce has reason to believe that any person is violating any rule related to mausoleums and crematoriums, and that the continuation of that activity might cause injury to the public interest, the department of commerce may investigate.

        The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court to restrain by temporary or permanent injunction any violation of laws related to cemeteries. The court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board or the department of commerce to exercise its authority to aid in the investigation of alleged violations of this subchapter.

        In lieu of instituting or continuing an action, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation from the person who has engaged in the act or practice. An assurance entered into shall not be considered evidence of a violation, but a violation of the assurance shall be treated as a violation.

        157.65. Cemeteries. Enforcement.)

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

      1. How are the future interests in property involving burials subject to the rule against perpetuities?

        The transfer of title to any property shall not change the rights and duties of any person under this section.

        157.70 (9). Burial sites preservation. Preservation of rights.)

      2. How can the state exercise eminent domain over a cemetery or historic property?

        Who may exercise eminent domain:

        · Any county, town, city, village, school district, department of corrections, University of Wisconsin Board of Regents, or building commission may acquire by condemnation any real estate and personal property appurtenant for any lawful purpose if the property cannot be acquired by gift or purchase.

        · The governor and adjutant general for land adjacent to the Wisconsin state military reservation at Camp Douglas may acquire by eminent domain any real estate or personal property appurtenant for the use of the Wisconsin national guard.

        · Any railroad corporation, or anyone with a permit to construct a dam to develop hydroelectric energy, any Wisconsin plank or turnpike road corporation, any drainage corporation, any interstate bridge corporation may exercise eminent domain for any authorized public purpose.

        · Any Wisconsin telegraph or telecommunications corporation may exercise eminent domain for the construction and location of its lines.

        · Any Wisconsin corporation furnishing gas, electric light or power to the public may exercise eminent domain for the purpose of conducting tests or studies to determine the suitability of a site for the placement of a facility.

        · Any Wisconsin corporation organized to furnish water or light to any city, village or town or the inhabitants thereof, may exercise eminent domain for the construction and maintenance of its plant.

        · Any Wisconsin corporation transmitting gas, oil or other related products in pipelines for sale to the public, may exercise eminent domain.

        · Any rural electric cooperative association may exercise eminent domain for the operation of a rural electrification project.

        · Any housing authority, redevelopment authority, community development, local cultural arts district, local exposition district, or transit authority may exercise eminent domain.

        · The Wisconsin Aerospace Authority may exercise eminent domain.

        · Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, may exercise eminent domain for the location of treatment facilities.

        · Any corporation licensed to do business in Wisconsin that transmits oil or related products including all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and maintains terminal or product delivery facilities in Wisconsin, and engages in interstate or international commerce, may exercise eminent domain subject to the approval of the public service commission upon a finding by it that the proposed real estate to be acquired are in the public interest.

        · The department of transportation may exercise eminent domain for the acquisition of abandoned rail and utility property.

        · The department of natural resources with the approval of the appropriate standing committees of each house of the legislature, may exercise eminent domain for acquisition of lands.

        32.02. Who May Condemn; Purposes).

        Exceptions:

        · The power of condemnation does not extend to property owned by the state or to the condemnation of a railroad or public utility company unless such condemnation is specifically conferred by law.

        · Any railroad corporation or pipeline corporation may not acquire by condemnation lands or interest held and owned by another railroad corporation or pipeline corporation.

        · Property that is not blighted (defined as “any property that, by reason of abandonment, dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air, or sanitation, high density of population and overcrowding, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors, is detrimental to the public health, safety, or welfare”) may not be acquired by condemnation by an entity authorized to condemn property if the condemnor intends to convey or lease the acquired property to a private entity

        32.03. When Condemnation may not be exercised.)

        In addition to other powers granted, any city may condemn or otherwise acquire property for:

        (a) Any purpose stated in article XI, section 3a, of the constitution; (b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, water systems and water mains; (c) Constructing and maintaining sewers; (d) Slum elimination; (e) Low-income housing; (f) Blighted area redevelopment; (g) Any other municipal purposes.

        32.51. Exercise of Eminent Domain)

        After approving the plan regarding the proposed improvement of condemned land, the common council may adopt a resolution directing the board to determine the damages to be paid for property condemned and the benefits to be assessed against property benefited within the benefit district. The board shall include the cost of all property acquired by purchase or condemnation for the improvement, as well as the cost of physical improvements, in the assessment of benefits and shall report its findings to the common council.

        The board may not assess benefits against any property that is owned or operated for cemetery purposes by any cemetery authority, including any building located in the cemetery and owned and occupied exclusively by the cemetery authority for cemetery purposes.

        [irrelevant entities against which the board may not assess benefits removed for space constraints]

        32.57. Determining Benefits and Damages).

      3. How are conservation and preservation easements created in this state?

        A conservation easement (defined as a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which includes retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in s. 157.70 (1) (b), or preserving the historical, architectural, archaeological or cultural aspects of real property) may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement. It is unlimited in duration unless otherwise provided.

        A conservation easement is valid even if: it is not appurtenant to an interest in real property; it can be or is assigned to another holder; it is not of a character recognized traditionally at common law; it imposes a negative burden; it imposes affirmative obligations upon the owner of any interest in the burdened property or upon the holder; the benefit does not touch or concern real property; there is not privity of estate or of contract..

        700.40. Uniform Conservation Easement Act.)

      4. How does the state create authorized rights-of-way through cemetery property?

        It is unlawful for any person to make any highway, private way or public easement over, through, or in any enclosure belonging to the town, city, village, religious society, or private proprietors and used for the burial of the dead, unless the authority has been granted consent to do so. Unlawfully creating a right-of-way or easement is punishable by imprisonment for not more than one year, or a fine not exceeding $300.

        157.60 Public easement in cemetery.)

      5. How are the transfer of cemetery lots and the disposition of cemetery land regulated?

        We were unable to locate an answer specifically relevant to this question at this time.

        However, if a state agency transfers or sells any listed property, it shall reserve a conservation easement, to be transferred and held by the state historical society, which secures the right of the historical society to preserve and maintain that property

        44.41 Protection and use of state agency property.)

      6. How will the state regulate or sell unsuitable or condemned cemetery property?

        If any cemetery (on property that is not condemned) is abandoned, the circuit court may authorize the removal of bodies from the cemetery to another cemetery. Prior to authorizing the removal, the court shall publish a notice to all interested parties. The court may not authorize the removal unless suitable arrangements have been made to reinter the bodies.

        When a cemetery authority fails to care for the cemetery for one or more years, the municipality may take control, manage and care for the cemetery and collect and manage all trust funds connected with the cemetery except for trust funds received by a will. If a cemetery authority abandons or fails to care for the cemetery for five or more years, the municipality shall take control of the cemetery, manage and care for the cemetery and collect and manage all trust funds connected with the cemetery except for trust funds received by a will.

        Whenever any cemetery in a town is falling into disuse, or is abandoned or neglected, and there exists no association or group with authority to transfer ownership to the town, the town board, at the expense of the town, shall take charge of the cemetery and manage and care for it. If the town board fails to take charge of the cemetery, the circuit judge may upon petition by 6 or more persons interested in the upkeep of the cemetery order its transfer to the town, including the transfer of all assets. Cemeteries so transferred shall be managed as provided for other town cemeteries.

        (157.115, Abandonment of cemeteries and cemetery lots.)

      7. What is the procedure for abandoning burial grounds or cemetery lots?

        If any cemetery located on non-condemned property is abandoned, the county circuit court may authorize the removal of bodies from the cemetery to another cemetery upon the petition of six or more residents of the municipality. Prior to authorizing the removal, the court shall publish a notice to all interested parties. The court may not authorize the removal unless suitable arrangements have been made to reinter the bodies.

        157.115. Abandonment of cemeteries and cemetery lots.)

      8. What is the procedure for removing or replacing headstones?

        We were unable to locate an answer relevant to this question at this time.

      9. How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?

        We were unable to locate an answer relevant to this question at this time.

      10. What are the procedures for excavating/removing remains/archaeological resources on public lands?

        A municipality (defined in §66.0621(1)(a) as a city, village, town, county, commission created by contract, public inland lake protection and rehabilitation district, metropolitan sewerage district, town sanitary district, a local professional baseball park district, a local professional football stadium district, a local cultural arts district or a municipal water district or power district and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. and including the state) may not transfer any burial site to any person who is not a municipality unless the transfer provides for preservation of the burial site from any disturbance by any person and unless the transfer is approved by the board. A municipality also shall endeavor to take positive action to preserve any burial site on land it owns through appropriate land use management including but not limited to appropriate multiuse purposes such as nature preserves.

        157.70 (6m) Burial sites preservation. Burial sites on public lands.)

        The state reserves to itself the exclusive right of field archaeology on state site, and establishes regulations for field archaeology on political subdivisions, in order to protect and preserve archaeological and scientific information, matter and objects. People practicing field archaeology on private lands are strongly encouraged to pursue field archaeology in accordance with the laws regarding field archaeology; looting is strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist. This section is not intended to burden persons who wish to use state public property for recreational and other lawful purposes or to unnecessarily restrict the use of state public property.

        44.47. Field archaeology.)

        No person other than the state archaeologist and individuals licensed by the director may engage in any field archaeology on any state site or site owned by a political subdivision.

        44.47 (2) Unlicensed field archaeology prohibited.)

      11. What are the procedures for excavating/removing remains/archaeological resources on private lands?

        People practicing field archaeology on private lands are strongly encouraged to pursue field archaeology in accordance with the laws regarding field archaeology; looting is strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist.

        44.47. Field archaeology.)

        If a site is located on privately owned land, any person wishing to dig or excavate at such a site is strongly encouraged to secure a permit under this section. The applicant for a permit must submit the written consent of the owner.

        44.47. Field archaeology.)

      12. What are the procedures for discoveries of human remains and artifacts of cultural significance?

        If a permit is required for field archaeology activities at a human burial site under s. 157.70, this section applies to any objects not related to the burial except that a permit is not required under this section.

        44.47. Field archaeology. Human burial sites. )

      13. What are the procedures for the disposition of human remains and funerary artifacts?

        If human remains and objects related to the burial site are removed from a burial site with authorization and permit from the director of the historical society or a qualified archeologist approved by the director, and the division has not determined the person to whom such remains and objects should be transferred for analysis, reinterment or other disposition, the director shall notify any person in the registry with an interest in the analysis, reinterment or disposition of such human remains and objects. The director shall transfer the remains and objects to such person for appropriate reinterment upon receipt of a written application by any person with an interest in the analysis, reinterment or disposition based on the following, in the priority stated: 1. Direct kinship; 2. A cultural, tribal, or religious affiliation; 3. A scientific, environmental or educational purpose; 4. Any other interst which the board deems to be in the public interest.

        If the director cannot identify any person with an interest in the human remains and objects, the director shall provide for reinterment or other disposition of the human remains and objects in an appropriate manner. The director shall catalog the site of any reinterment, and shall submit to the board a written report of any disposition action taken. The board may review and modify any disposition action taken by the director.

        157.70 (6) Burial sites preservation. Disposition of human remains removed from burial sites.)

      14. What are the procedures for the removal and re-interment of human remains from cemeteries?

        After receiving a written application from a court, signed by persons in charge of disinterment and reinterment as well one of the specified class of kin (in the following priority: a designated representative of the decedent; the decedent’s spouse; an adult son or daughter; either parent of the decedent; an adult brother or sister of the decedent; guardian at the time of the decedent’s death; any other person authorized to dispose of the decedent’s estate) , the county coroner or medical examiner shall issue authorization for disinterment and reinterment. Such disinterment and reinterment cannot proceed if there are contrary indications by the decedent or actual notice of opposition to it by a member of the specified class of kin

        69.18(4). Authorization for disinterment and reinterment. ]

        A cemetery authority may rebury ("rebury" means to disentomb, disinurn or disinter human remains that are buried in a cemetery and reentomb, reinurn or reinter the human remains in another grave, mausoleum space or other place used or intended to be used for the burial of human remains that is located in the same cemetery) human remains that are buried in a cemetery owned or operated by the cemetery authority for the purpose of correcting an error made by the cemetery authority in the burial of those human remains.

        The cemetery may rebury human remains without obtaining authorization, but must provide the coroner or medical examiner of notice of such reburial within 30 days.

        157.112 . Reburial of human remains by a cemetery authority.]

      15. How does the state regulate the opening/construction of highways through burial grounds/cemeteries?

        In all cases where paving, improvement, or other change in the condition of any street shall operate to cut off, impede or obstruct access to a cemetery, it shall be the duty of the local or state authorities to effect such grading and improvement of the access and approach to such cemetery as shall be necessary to preserve such access or approach in an equal degree of usability

        86.09. Access to cemetery preserved.)

      16. How does the state identify, preserve, and control Native American sacred sites?

        The director of the historical society shall assist Indian tribes, state agencies and other persons in any negotiation with any federal agency for the preservation of burial sites and human remains.

        Additionally, the director shall identify and record in a catalog burial and, for burial sites which are not dedicated, sufficient contiguous land necessary to protect the burial site from disturbance, as well as notify in writing every owner of a burial site or of such land so recorded and any county or local historical society in the county where the burial site or the land is located. The notice shall include information about the permit required to alter, cause or permit disturbance, permit other activity, [outlined in §157.70(5) Burial Sites Preservation. Procedure for cataloged burial sites] and the toll free number the owner may call for more information.

        The director shall also identify and record in a catalog burial sites likely to be of archaeological interest or areas likely to contain burial sites. Disclosing information in the catalog related to the location of any burial site likely to be of archaeological interest or of any area likely to contain a burial site, which may result in the disturbance of the burial site or the cataloged land contiguous to a cataloged burial site, is not subject to §19.35(1), which grants individuals the right to inspect public records

        The director shall make recommendations regarding the acquisition of burial sites on private property for the state or other public agencies to preserve such sites. Additionally, the director shall provide for and publicize a telephone service allowing any person in this state to call the director to report a discovery or disturbance of a burial site.

        [§157.70(2). Burial Sites Preservation. Director’s Duties.]

      17. How does the state preserve historical land from surface mining?

        Wisconsin statute does not appear to specifically prohibit surface mining on historical land.

        However, all mining must be approved first.

        No one may engage in mining or reclamation at any mining site that is not covered by a mining permit and by written authorization. Applications for mining permits shall be made in writing to the department and in the form the department requires. An application shall be made, and a mining permit obtained for each separate mining site. No application for surface mining at a site may be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for the site had certified under that he or she would not subsequently make application for a permit to conduct surface mining at the site.

        293.37. Application for Mining Permit]

      18. What are the procedures from the exploration of submerged graves and underwater sites?

        Sunken Logs on Submerged State Lands

        Purpose: The state reserves to itself title and ownership of all logs ("Log" means a portion of the trunk of a felled tree which has not been further processed for any end use, including any portion of a trunk of a tree previously used in substantially its natural state as part of a dock or crib but that is no longer part of a dock, a crib or any discernible structure, or is part of the debris field of a dock or crib.) resting on submerged lands owned by the state.

        Procedure: A person wishing to raise and remove logs that are resting on submerged lands owned by the state and that are located in Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River shall make application to the board for a permit to do so. Unless the applicant has received a permit under this section prior to October 14, 1997, the applicant shall include with the application a performance bond in the amount of at least $10,000.

        Appropriation: The board shall credit the amounts due the state for its net share of the value of logs described to the appropriation account. For each type of tribal mark or brand, the board shall identify the American Indian tribe or band which made the tribal mark or brand and shall distribute the moneys received for the state's net share of the value of those logs to that American Indian tribe or band.

        Penalty: Any logs subject to this section which are removed in violation of this section, or in violation of a permit issued under this section, shall be returned to the lakebed as directed by the board or shall be confiscated by the board and forfeited to the state. Any person who removes for commercial gain sunken logs on submerged state lands without a permit issued under this section may be required to forfeit $500 or an amount equal to 2 times the gross value of the removed logs, whichever is greater, plus the reasonably incurred costs of investigation and prosecution. Any person who intentionally interferes with a log recovery operation for which a permit has been issued under this section is liable to the permit holder for any actual losses resulting from the interference and may be required to forfeit not less than $100 nor more than $500.

        170.12. Sunken Logs on Submerged State Lands]

      19. What are the procedures for transferring land and property containing historic or cultural resources?

        If a state agency transfers or sells any listed property, it shall reserve a conservation easement, to be transferred to and held by the state historical society, which secures the right of the historical society to preserve and maintain that property.

        44.41 Protection and use of state agency property. )

      20. What public health regulations exist for the removal and burial of human remains?

        During a state of emergency, a public health authority may:

        (a) Issue and enforce orders that are reasonable and necessary to provide for the safe disposal of human remains, including by embalming, burial, cremation, interment, disinterment, transportation, and other disposal.

        (b) Take possession and control of any human remains.

        (c) Order the disposal, through burial or cremation, of any human remains of an individual who has died of a communicable disease, within 24 hours after the individual's death and consider, to the extent feasible, the religious, cultural, or individual beliefs of the deceased individual or his or her family in disposing of the remains.

        (d) If reasonable and necessary for emergency response, require a funeral establishment to accept human remains or provide the use of its business or facility, including by transferring the management and supervision of the funeral establishment to the public health authority, for a period of time not to exceed the period of the state of emergency.

        (e) Require the labeling of all human remains before disposal with all available identifying information and information concerning the circumstances of death and, in addition, require that the human remains of an individual with a communicable disease be clearly tagged to indicate that remains contain a communicable disease and, if known, the specific communicable disease.

        (f) Maintain or require the maintenance of a record of all human remains that are disposed of, including identifying information and information concerning the circumstances of death and disposal. If it is impossible to identify human remains prior to disposal, the public health authority may require that a qualified person obtain any fingerprints, photographs, or identifying dental information, and collect a specimen of DNA from the human remains and transmit this information to the public health authority.

        (g) Authorize a county medical examiner or a county coroner to appoint emergency assistant medical examiners or emergency deputy coroners to perform the duties of the office of medical examiner or coroner. The term of any emergency appointment authorized under this paragraph may not exceed the period of the state emergency. A county medical examiner or county coroner may terminate an emergency appointment before the end of the period of the state emergency, if termination of the appointment will not impede the performance of the duties of his or her office.

        157.055. Disposal of human remains during state of emergency relating to public health.)

      21. How is environmental impact measured for historical and archaeological resources?

        We were unable to locate an answer relevant to this question at this time.

  4. Activities Affecting Burials Which Require State or Local Government Compliance

      1. What activities affecting burials require state or local government compliance?

        No person may intentionally cause or permit the disturbance of a cataloged burial site without a permit from the director of the historical society. Any person who intends to cause or permit any activity on a cataloged burial site, or engage in activity that might disturb the burial site shall apply to the director of the historical society for a permit. The director will notify the applicant of individuals or parties with an interest in the burial site, and the applicant must notify such parties of the applicant’s intent to disturb the burial. The applicant may request a private hearing with a disclosed record. If a hearing is not requested or determined to be necessary, the director shall determine whether to issue the permit by analyzing whether the benefits to the permit applicant outweigh the benefits to all other persons shown in the registry and the interest of the public.

        157.70, (5) Procedure for cataloged burial sites. )

        No funeral director may embalm a dead body when he/she has information indicating a crime in connection with the cause of death without first obtaining permission of the coroner or medical examiner. No licensed funeral director may sign a certificate stating that he/she has embalmed or prepared a dead body when some other person embalmed or prepared it. No licensed funeral director may directly or indirectly solicit a funeral service either before or after death has occurred, or pay any valuable consideration for securing the right to do such work. Any licensed funeral director who knowingly permits any non-licensed person to embalm any body under his/her jurisdiction, or who permits any non-licensed person to hold or conduct any funeral service for which he/she is responsible, or who permits any non-licensed person to remove any dead human body from any home, hospital or institution for preparation, or who permits any person under his or her supervision to violate the provisions of this chapter, shall be guilty of violating the provisions of this chapter and subject to the penalties provided therein.

        445.12 . Prohibited practices)

  5. Rules, Regulations, and Ordinances Governing Burial-Related Activities

      1. What state regulations relate to non-governmental burial-related activities?

        We were unable to locate an answer relevant to this question at this time.

      2. What local regulations relate to non-governmental burial-related activities?

        We were unable to locate an answer relevant to this question at this time.

  6. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

      1. How is a cemetery association formed in this state?

        Seven or more members of the same county may form a cemetery association, and shall send the information about their corporate name and the names and addresses of their members to the department of financial institutions. A cemetery association will have the same powers as a corporation.

        157.062(1). Cemetery associations; creation; powers and duties. Organization)

      2. Who has the right to conduct archaeological field excavations?

        The state reserves to itself the exclusive right of field archaeology on state site, and establishes regulations for field archaeology on political subdivisions, in order to protect and preserve archaeological and scientific information, matter and objects. People practicing field archaeology on private lands are strongly encouraged to pursue field archaeology in accordance with the laws regarding field archaeology; looting is strongly discouraged. Persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist. This section is not intended to burden persons who wish to use state public property for recreational and other lawful purposes or to unnecessarily restrict the use of state public property.

        44.47. Field archaeology.)

        No person other than the state archaeologist and individuals licensed by the director may engage in any field archaeology on any state site or site owned by a political subdivision.

        44.47 (2) Unlicensed field archaeology prohibited.)

        The director, acting as an agent of this state, may issue upon such terms and conditions, including restriction to a specific state site on land, as he or she designates, to a qualified natural person approved by the state archaeologist, a permit to engage in field archaeology on state sites and sites owned by political subdivisions. If a state site or the area described in an application is under the jurisdiction of any other state agency or if the field archaeology to be licensed interferes with a project of any other state agency, the director shall first obtain the approval of that state agency. The director may not issue a permit for field archaeology on a site owned by a political subdivision without the written approval of the political subdivision which owns the site . No state agency or political subdivision may withhold that approval without good cause. The director by rule may establish fees for processing applications, for permits or for renewal of permits.

        44.47 (4) Unlicensed field archaeology prohibited.)

      3. Who has custody rights of discovered human remains?

        If human remains and objects related to the burial are removed from a burial site, and the division has not determined the person to whom those remains and objects should be transferred, the directoy shall notify any person with an interest in the analysis and reinterment or disposition of such remains and objects. The director will make such disposition based on the following, in the priority stated:

        Direct kinship

        A cultural, tribal or religious affiliation.

        A scientific, environmental or educational purpose.

        Any other interest which the board deems to be in the public interest.

        If the director cannot identify any person with an interest in reinterring the human remains and objects, the director shall provide for reinterment or other disposition of the human remains and objects in an appropriate manner, and shall enter into a catalog the site of such reinterment.

        157.70. Burial Sites Preservation. Disposition of Human Remains Removed from Burial Sites]

      4. Who has the ownership rights of archeological specimens or objects of cultural significance?

        The state reserves to itself the title to all objects found and data gathered in field archaeology on state sites. Although a permit may name a custodian other than the historical society, title to the objects and data discovered at state sites is reserved to the historical society as trustee for the state. Physical possession of such objects shall revert to the state if such custodian ceases to exist, or if the director, on the recommendation of the state archaeologist, finds that the custodian is not properly caring for them or keeping them conveniently available for study by students of archaeology.

        44.47 (5) Ownership, custody and use of objects and data.)

      5. What rights do nonresident of the state maintain?

        We were unable to locate an answer relevant to this question at this time.

      6. What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

        We were unable to locate an answer relevant to this question at this time.

      7. Who has dominion and control of state historic and archaeological resources?

        The state reserves to itself the title to all objects found and all data gathered in field archaeology on state sites. The state may permit a custodian other than the historical society to hold title to the objects and data, as a trustee for the state, but physical possession shall revert to the state if such custodian ceases to exist or the custodian is not properly caring for the items, or keeping them conveniently available for study by students of archaeology.

        44.47 (5) Ownership, custody and use of objects and data.)

      8. Who sits on the state historical commission, and how long are these members appointed?

        [Taken from the Wisconsin Historical Society, Board of Curators’ Webpage, available at http://www.wisconsinhistory.org/about/curators.asp, last accessed 17 September 2010]

        The Wisconsin Historical Society is both a state agency and a membership organization. The Society's Board of Curators includes eight statutory appointments and up to 30 curators who are selected according to the Society's constitution and bylaws. The three curators appointed by the governor with Senate consent serve staggered three-year terms. The board selects the Society's director, who serves as administrative head of the Society and as secretary to the board.

        President

        Ellen D. Langill, Waukesha

        Professor, University of Wisconsin-Milwaukee

        President-Elect

        Conrad Goodkind, Whitefish Bay

        Partner, Quarles & Brady

        Treasurer

        Sid Bremer, Green Bay

        Dean Emeritus, University of Wisconsin-Marinette

        Secretary

        Ellsworth H. Brown, Madison

        The Ruth and Hartley Barker Director, Wisconsin Historical Society

        Ex-Officio Members

        Dennis Dorn, Portage

        Owner, Portage Lumber Do it Best

        Bernie Long, Waunakee

        President, FRIENDS of the Wisconsin Historical Society

        Rebecca Martin, Madison

        Senior Vice President for Academic Affairs, University of Wisconsin System

        Helen Robinson, Waupaca

        President, Wisconsin Council for Local History

        Board Members

        Betty Adelman, Mukwonago

        Owner, Heritage Flower Farm L.L.C.

        Jon Angelli, Lancaster

        Retired Director, Grant County Department of Social Services

        Angela Bartell, Middleton

        Retired Judge, Dane County

        Murray D. "Chip" Beckford, Cascade

        Director, Washington County Historical Society

        Rep. Terese Berceau, Madison

        Wisconsin State Legislator

        Mary F. Buestrin, Mequon

        Civic Leader

        Linda Clifford, Madison

        Attorney, Linda Clifford Law Office

        Craig C. Culver, Prairie du Sac

        President, Culver's Franchising System, Inc.

        Laurie DeWitt Davidson, Marinette

        Retired Director of Human Resources, Engstrom Helicopter Corporation

        Victor E. Ferrall, Jr., Orfordville

        Retired President, Beloit College

        Mark L. Gajewski, Madison

        Retired Client Delivery Executive, EDS

        Beverly A. Harrington, Oshkosh

        Retired Executive Director, Hearthstone House Museum

        Norbert Hill, Jr., Oneida

        Vice President, College of Menominee Nation-Green Bay Campus

        John O. Holzhueter, Mazomanie

        Retired Staff Member, Wisconsin Historical Society

        Carol McChesney Johnson, Spring Green

        President, Taliesin Preservation Inc.

        Will Jones, Madison

        Professor, University of Wisconsin

        John E. Kerrigan, Oshkosh

        Former Chancellor, University of Wisconsin–Oshkosh

        Rep. Steve Kestell, Elkhart Lake

        Wisconsin State Legislator

        Helen Laird, Marshfield

        Author and Civic Leader

        Chloris Lowe, Jr. Mauston

        Owner, Lowe Consulting

        Judy Nagel, De Pere

        Vice President – Investments, Wells Fargo Advisors LLC

        Jerry Phillips, Bayfield

        Owner, Old Rittenhouse Inn

        Sen. Fred A. Risser, Madison

        Wisconsin State Legislator

        Brian Rude, Coon Valley

        Director, External Relations, Dairyland Power Cooperative

        Michael Schmudlach, Brooklyn

        Owner, Mike Schmudlach Builder

        John Schroeder, Milwaukee

        Former Chancellor, University of Wisconsin–Milwaukee

        Sen. Dale Schultz, Richland Center

        Wisconsin State Legislator

        Sam Scinta, Onalaska

        Publisher, Fulcrum Publishing

      9. Who sits on the state historic preservation board and for how long?

        [Taken from the Wisconsin Historical Society, Board of Curators’ Webpage, available at http://www.wisconsinhistory.org/about/curators.asp, last accessed 17 September 2010]

        The Wisconsin Historical Society is both a state agency and a membership organization. The Society's Board of Curators includes eight statutory appointments and up to 30 curators who are selected according to the Society's constitution and bylaws. The three curators appointed by the governor with Senate consent serve staggered three-year terms. The board selects the Society's director, who serves as administrative head of the Society and as secretary to the board.

  7. Scope of Authority

      1. What powers and responsibilities are delegated to cemetery associations in this state?

        Trustees or officers of a cemetery association are not liable to the association, its members or creditors, or any other person for damages, settlements, fines, fees, penalties or other monetary liabilities arising from a breach of, or failure to perform any duty resulting from his/her status as a trustee/officer, unless the breach or failure to perform is: 1. A willful failure to deal fairly with the association or its members in connection with a matter in which the trustee or officer has a material conflict of interest; 2. A violation of criminal law, unless the trustee or officer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful; 3. A transaction from which the trustee or officer derived an improper personal profit; 4. Willful misconduct.

        157.062 (8). Cemetery associations; creation; powers and duties. Limited liability of trustees and officers.)

      2. How are cemetery sales records to be kept?

        Every cemetery association shall file an annual report with the department of financial institutions. The annual report shall include: 1. The name of the cemetery association and the address of its principal office; 2. The name, residence address and business address of each officer, director and trustee of the cemetery association; 3. The name, residence address and business address of each shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the cemetery association; 4. The dates and places of all meetings and elections; 5. A statement of whether the cemetery association engaged in the operation of a cemetery during the previous calendar year.

        157.62(1). Reporting; record keeping; audits. Cemetery associations.)

        Every cemetery authority shall file an annual report with the cemetery board. The report shall be made on a form prescribed and furnished by the cemetery board. The cemetery authority shall include all of the following in the annual report: 1. A copy of any report required for cemetery associations, or § 180.1622 (financial institutions) or 181.1622 (annual report for department); 2. If the cemetery authority is required to file a report under § 180.1622 or 181.1622, the information specified in sub. (1) (a) 3 [The name, residence address and business address of each shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the cemetery association.]; 3. An accounting of amounts deposited in, amounts withdrawn from, income accruing to and the balance at the close of the reporting period of any preneed trust funds of the cemetery. 4. An accounting of amounts deposited in, amounts withdrawn from, other income accruing to and the balance at the end of the reporting period of care funds of the cemetery, including the funds in §§ 157.11 (9g) (a) (care fund for cemetery lots), 157.12 (3) (care fund for mausoleums) and 157.125 (trustees for the care of cemeteries or cemetery lots); 5. An accounting of all gifts received, income from gifts deposited in accounts, amounts expended from those accounts and the balance of those accounts at the end of the reporting period; 6. The name and address of each trustee of any care funds and the name and address of the financial institution holding those accounts at the close of the reporting period; 7. The information specified in annual report for cemetery associations to the extent applicable, if the cemetery is not required to file a report under § 157.62(1). or § 180.1622 (financial institutions) or 181.1622 (annual report for department).

        157.62(2). Reporting; record keeping; audits. Cemetery authorities.)

        Every cemetery authority shall keep a copy of the annual cemetery authority at its principal place of business and, except for those records relating to accountings of trust funds, shall make the report available for inspection, upon reasonable notice, by any person with an interest in a cemetery lot or a mausoleum space in a cemetery owned or operated by the cemetery authority.

        Every cemetery authority shall maintain all of the following: 1. Records needed to prepare required reports; 2. Records that show, for each deposit in a trust fund or special account, the name of the purchaser or beneficiary of the contract relating to the deposit and the item purchased; 3. A copy of each contract for the sale of a cemetery lot, mausoleum space or cemetery merchandise.

        157.62(3). Reporting; record keeping; audits. Records; inspection.)

        The required records shall be permanently maintained by the cemetery authority or licensee for not less than 3 years after the date of the deposit. Each copy of a contract shall be maintained for not less than 3 years after all of the obligations of the contract have been fulfilled. The department may promulgate rules to establish longer time periods for maintaining records.

        157.62(4). Reporting; record keeping; audits. Records maintenance.)

      3. What power does the state have to acquire or purchase property of historic/archaeological significance?

        We were unable to locate an answer relevant to this question at this time.

      4. How does the state manage park and historical sites?

        [Information gathered from the Wisconsin Department of Natural Resources Website, available at http://www.dnr.state.wi.us/org/nrboard/ (last accessed 19 September 2010)]

        The Department of Natural Resources is dedicated to the preservation, protection, effective management, and maintenance of Wisconsin's natural resources. It is responsible for implementing the laws of the state and, where applicable, the laws of the federal government that protect and enhance the natural resources of our state. It is the one agency charged with full responsibility for coordinating the many disciplines and programs necessary to provide a clean environment and a full range of outdoor recreational opportunities for Wisconsin citizens and visitors.

        The Wisconsin Natural Resources Board (NRB or Board) sets policy for the Department of Natural Resources and exercises authority and responsibility in accordance with governing state statutes.

        Chapter 15 of the Wisconsin Statutes delineates the formal duties of the seven-member board. Board Members are appointed by the Governor with the advice and consent of the State Senate. Three members each must be selected from the northern and southern portions of the state and one member serves at large. Terms expire on May 1.

        The Board meets on the fourth Wednesday of each month except for July and November. Board meetings are held at the DNR Building in Madison from November through April and at locations throughout the state from May through October. Board meeting dates and locations are listed in the Natural Resources Board Calendar.

        Wis. Stat. Ann. § 15.34 (West) Department of natural resources; creation

        (1) There is created a department of natural resources under the direction and supervision of the natural resources board.(2)(a) The natural resources board shall consist of 7 members appointed for staggered 6-year terms.(b) At least 3 members of the natural resources board shall be from the territory north, and at least 3 members of the board shall be from the territory south, of a line running east and west through the south limits of the city of Stevens Point.(c) No person may be appointed to the natural resources board, or remain a member of the board, who receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from holders of or applicants for permits issued by the department under ch. 283, except that this paragraph does not apply to permits issued under s. 283.33.(d) The majority of members of the natural resources board may not derive a significant portion of their incomes from persons who are subject to permits or enforcement orders under ch. 285. Each board member shall inform the governor of any significant change in the income that he or she derives from persons who are subject to permits or enforcement orders under ch. 285.(e) The restrictions in pars. (c) and (d) do not apply with respect to permits or licenses held or applied for by agencies, departments, or subdivisions of this state.

        E. What are the powers of municipal and county governments regarding park and historical sites?

        We were unable to locate an answer relevant to this question at this time.

      5. How do county and municipal governments oversee cemetery property?

        We were unable to locate an answer relevant to this question at this time.

      6. What are the powers and duties of the state historical commission?

        The Wisconsin Historical Society Review Board shall: (1) Approve nominations to the national register of historic places in Wisconsin and the state register of historic places; (2) Review the surveys and inventories of historic properties; (3) Review and approve the content of the state preservation plan; (4) Review and approve the distribution of federal grants-in-aid for preservation; (5) Recommend the removal of properties from the national register of historic places in Wisconsin or the state register of historic places; (6) Act in an advisory capacity to the state historical society; (7) Notify planning departments of affected subdivisions, local landmarks commissions and local historical societies regarding properties being considered for nomination to the national register of historic places in Wisconsin or the state register of historic places, and request them to forward comments regarding nominations from affected neighborhood groups, public bodies and interested citizens.

        44.33 Duties of the state review board.)

        Taken from the Fact Sheet for the Wisconsin Historical Society, available at http://www.wisconsinhistory.org/about/pdfs/WHS-FactSheet.pdf (last accessed 19 September 2010)

        Our Mission: The Wisconsin Historical Society helps people connect to the past by collecting, preserving and sharing stories.

        Organization: The Society was founded in 1846, two years before Wisconsin became the 30th state. It ranks as one of the largest, most active, and most diversified state historical societies in the nation. As both a state agency and a private membership organization, it receives about 65 percent of its funding from the state of Wisconsin. The other 35 percent comes from membership fees, admission fees, gifts, trust funds and grants. A 36-member Board of Curators governs the Society.

        Archives: The Archives collects manuscripts and artifacts from private individuals and organizations. In addition to Wisconsin history, holdings include several collections of national scope:

        · Early American exploration & settlement (Draper manuscripts)

        · Social action movements, such as civil rights

        · Mass communications history

        · U.S. labor history

        The Archives also serves as the State’s official archive and holds all historical state records. It also holds extensive visual and sound records, including more than 4 million historical photographs, posters, oral history recordings, and motion picture films. Through a cooperative agreement with the University of Wisconsin System and the Superior Public Library, the archives operates a network of 13 area research centers located at UW campus libraries throughout the state, at the Northern Great Lakes Visitor Center in Ashland, and the library in Superior, making its collections accessible statewide.

        Library: The Library is the state historical library as well as the U.S. and Canadian history library for the University of Wisconsin-Madison. Holdings include:

        · 3.8 million printed and microform North American volumes

        · Second largest American newspaper collection in the U.S.

        · Extensive U.S. and Canadian history collection

        The Library is designated as an official documents depository by the governments of Wisconsin, the United States and Canada. It provides reference and information services in person, over the telephone, through the mail and on the Society's web site. It lends most of its materials to users in person and to other libraries throughout the state and the nation via interlibrary loans.

        Wisconsin Historical Museum: The Museum, located on Madison’s Capitol Square, contains exhibits on Wisconsin history from prehistoric times to the present day.

        They include:

        · Galleries devoted to prehistoric Wisconsin and first inhabitants

        · Permanent exhibits documenting Wisconsin agricultural history, environmental history, industry, tourism, political history, and Wisconsin’s settlement by European immigrants

        · Two floors of changing exhibits, orientation theater, and Museum store

        Public History: The office of public history provides a wide array of publications, programs and services that present fresh perspectives on Wisconsin history.

        · Publishes scholarly and popular history materials including a quarterly magazine and bimonthly membership newsletter

        · Works to enhance the teaching of state and local history in Wisconsin’s public and private schools

        · Provides technical assistance, consulting services to over 350 local historical societies & museums

        · Publishes books dealing with the history of the state and nation

        · Public History also administers the National History Day program throughout Wisconsin for elementary and secondary students

        Historic Preservation: The Society's historic preservation office, in partnership with communities, organizations and individuals, works to identify, interpret, and preserve ancient and historic places for the benefit of present and future generations.

        · Administers tax credit programs historic building rehabilitation

        · Administers Wisconsin’s National Register of Historic Places

        · Conducts archaeological and underwater archaeological research

        · Provides technical assistance to local organizations and government

        · Reviews public projects for their effects on historic properties

        · Administers the state's historical markers and burial sites preservation programs

        · Maintains inventories of historic buildings, archeological sites and burial sites

        Historic Sites: The Society’s network of 10 historic sites promotes tourism and provides for the comprehensive study, appreciation and enjoyment of Midwestern frontier history.

        The historic sites, located throughout Wisconsin, include:

        · Old World Wisconsin, Eagle, WI - Outdoor living history museum of immigrant farm and village life

        · Pendarvis, Mineral Point, WI - A restored Cornish miners' colony

        · Villa Louis, Prairie du Chien, WI - Magnificently restored Victorian country estate

        · Madeline Island Museum, La Pointe, WI- A museum of Apostle Islands exploration and settlement

        · H.H. Bennett Studio, Wisconsin Dells, WI- Historic studio of the man who made Wisconsin Dells famous

        · Wade House, Greenbush, WI - 1860s stagecoach inn, sawmill and carriage museum

        · Circus World, Baraboo, WI - America's circus museum, built on the original site of the Ringling Bros. Circus winter quarters

        · Stonefield, Cassville, WI - 1900s farming village, Agricultural Museum and Governor

        · Nelson Dewey home, First Capitol, Belmont, WI - The birthplace of Wisconsin’s territorial government

        · Reed School, Neillsville, WI - A 1940s one-room school

      7. How does the state historical commission register or include historical property?

        The state register of historic places includes districts, sites, buildings, structures and objects which are significant in national, state or local history, architecture, archaeology, engineering and culture. The districts, sites, buildings, structures and objects should possess integrity of location, design, setting, materials, workmanship, feeling and association and satisfy any of the following conditions:

        1. Association with events that have made a significant contribution to the broad patterns of history;

        2. Association with the lives of persons significant in the past;

        3. Embodiment of the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values;

        4. Representation of a significant and distinguishable entity whose components may lack individual distinction;

        5. Yielding, or likely to yield, information important in prehistory or history.

        No cemetery, birthplace or grave of a historical figure, property owned by a religious institution or used for religious purposes, reconstructed historic building, property primarily commemorative in nature or property that has achieved significance within the past 50 years may be considered eligible for the state register of historic places unless it is an integral part of a district that meets the criteria of significance or unless it falls within at least one of the following categories:

        1. A religious property deriving primary significance from architectural or artistic distinction or historical importance;

        2. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life in the vicinity of that birthplace or grave;

        3. A cemetery which derives its primary significance from the grave of a person of transcendent importance, age, distinctive design features or association with historic events;

        4. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived; 5. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own exceptional significance;

        6. A property achieving significance within the past 50 years if it is of exceptional importance.

        The procedures of the state historical society shall be consistent with and, to the extent possible, shall be coordinated with the procedures for nominations to and removals from the national register of historic places maintained by the U.S. department of the interior.

        Any person may nominate a district, site, building, structure or object to the state register of historic places. However, the state historical society may reject any nomination which is not adequately documented. A nomination to the state register of historic places does not constitute a nomination to the national register of historic places.

        The state historical society shall include in the state register of historic places:

        1. Any property listed in the national register of historic places in Wisconsin on January 1, 1989.

        2. Any property nominated and approved under this section.

        3. Any property nominated under this section if the nomination is accompanied by a request for interim listing and the officer determines, based on evidence submitted with the nomination, that the state review board is reasonably likely to approve the nomination. An interim listing under this subdivision expires on the first day of the 12th month after it is first included in the state register of historic places and is not renewable.

        44.36. State Register of Historic Places.)

      8. What are the powers and duties of the state archaeological commission?

        We were unable to locate an answer relevant to this question at this time.

      9. How is the rehabilitation and preservation of historic property conducted?

        We were unable to locate an answer relevant to this question at this time.

      10. What specific historic or cultural properties are regulated by the state’s historical commission?

        Wisconsin Historical Sites are listed on the Wisconsin Historical Society Website, here: http://www.wisconsinhistory.org/sites/index.asp (last accessed 18 September 2010).

        Old World Wisconsin

        The museum's more than 60 historic structures range from ethnic farmsteads with furnished houses and rural outbuildings, to a crossroads village with its traditional small-town institutions. The efforts of countless historians have preserved an amazing slice of true Americana — one that will be enjoyed for generations to come.

        For more information, see the website: http://oldworldwisconsin.wisconsinhistory.org/

        Wade House

        In 1844 Sylvanus and Betsy Wade and their family settled in what was to become Greenbush. At that time Wisconsin was a frontier territory. The land between Fond du Lac and Sheboygan was a wilderness of virtually uninterrupted forest. Years later, Betsy Wade would tell her children that the forest was so dense that, even on a clear night, she "could hold in her apron all the stars she could see."

        The Wades were the first permanent settlers in Greenbush. They came to the remote area not to carve a single homestead out of the wilderness, but to establish a village on the developing frontier.

        Sylvanus and Betsy Wade selected the location for their village carefully. They chose a place halfway between Sheboygan and Fond du Lac along a well-used stagecoach trail. The Mullet River crossed the trail, offering a promising source of water power. The Wade's purchased several sections of land around a potential mill site as well.

        Wisconsin became a state in 1848. At that time Greenbush was a booming little village with two stores, a school, a sawmill, a wagon shop, a blacksmith, and a doctor. The trail between Sheboygan and Fond du Lac had been improved by the territorial government. There were plans for further improvements by building a plank road.

        By 1848 Wade's "Half Way House" was a regular stop for the stagecoach lines operating between Sheboygan and Fond du Lac. The Wades planned to build a new large and elegant inn to serve the growing traffic. It would also lend an aura of establishment and civilization to the growing village of Greenbush.

        The new Wade House stagecoach inn opened to the public in 1850. It was built of locally harvested and sawn lumber. Its three-story Greek Revival-style reflected the architectural fashion of the "civilized" east. To travelers, Wade House represented the prosperity and progress of the young village. The inn was the scene of cotillions, business meetings, political caucuses and circuit court sessions. The taproom buzzed with debates of issues as mundane as last year's crops and as heady as secession and the abolition of slavery.

        For more information, visit the website: http://wadehouse.wisconsinhistory.org/About/WadeHouseHistory.aspx

        Villa Louis

        Hercules Louis Dousman (1800 – 1868) acquired a large fortune through his various enterprises as a fur trader, lumberman, land speculator and frontier entrepreneur. In the mid-1840s the Dousman family began developing an estate on the banks of the Mississippi River at Prairie du Chien that would evolve into Villa Louis.

        Its vibrant hues and rich textures reflected the family's rise to wealth and leisure living. Throughout its evolution the property was always considered an elegant and stylish Victorian country home, and much attention was paid to the grounds surrounding the mansion and outbuildings.

        For more information, visit the website: http://villalouis.wisconsinhistory.org/About/History.aspx

        Circus World

        The Ringling Bros. Circus was founded in Baraboo, WI, in 1884 by five brothers: Al, Otto, Charles, John and Alf T. Ringling. Ringlingville was the name for the original Ringling Bros. Circus winter quarters in Baraboo. The buildings, standing along the north bank of the Baraboo River, date from 1897 through 1918 and are the largest surviving group of original circus structures in North America. There are also remains of a footbridge which employees took to cross the river in the winter.

        The world-famous circus wintered in Baraboo for 34 years until 1918, the year before it merged with the Barnum & Bailey Show (which the Ringlings purchased in 1907) to become the Ringling Brothers and Barnum & Bailey Combined Shows.

        The entire area has been declared a National Historic Landmark Site.

        For more information, visit the website: http://circusworld.wisconsinhistory.org/About/History.aspx

        Madeline Island Museum

        The museum was created by adjoining four historic log structures end to end—a small 1835 warehouse from the historic American Fur Company complex, the former La Pointe town jail, a Scandinavian-style barn, and the Old Sailors' Home, originally built as a memorial to a drowned sailor. Construction of the museum was overseen by Al Galazen, Ham Ross provided the storyline, and Bella designed the exhibits. On June 15, 1958, the Madeline Island Historical Museum opened its doors to the public.

        For more information, visit the website: http://madelineislandmuseum.wisconsinhistory.org/About/History.aspx

        H.H. Bennett Studio

        More than a photographer, Henry Hamilton Bennett (1843-1908) was an inventive visual historian. His pioneering use of technology, combined with exquisite composition skills, created an enduring legacy for the Dells. His stereoscopic views of the Dells of the Wisconsin River attracted visitors from across the country, and truly made him the man who made Wisconsin Dells famous.

        Purchasing a tintype studio in Wisconsin Dells (then Kilbourn City), he took his first stereographic landscape photographs of the rugged Wisconsin River dells in 1868. Constructing all aspects of the camera except for the lenses, he ventured out into the wooded landscape of the Dells and captured the area on film. He was one of the first photojournalists, using photographs to tell a story.

        For more information, visit the website: http://hhbennettstudio.wisconsinhistory.org/About/History.aspx

        Pendarvis

        In the early 19th century, Wisconsin lead mining was more promising and attractive to potential settlers than the fur trade. Hundreds of immigrants poured into southwestern part of the state.

        Experienced miners began arriving from Cornwall in southwestern England in the 1830s. The Cornish settled in Mineral Point and throughout the Upper Mississippi lead region and constructed small, limestone homes similar to those they had left in England.

        Mineral Point became a thriving commercial center that housed one of Michigan Territory's first land offices and served as a territorial county seat. The boom continued into early Wisconsin statehood, when zinc mining and processing became the dominant mining activity.

        For more information, visit the website: http://pendarvis.wisconsinhistory.org/About/History.aspx

        Stonefield: Country Estate of Nelson Dewey, Wisconsin's First Governor

        "The showplace of Wisconsin with its beautiful green lawns, gardens and orchards, stables and other buildings, and miles of stone fences." That's how one contemporary newspaper described Stonefield, the 2,000-acre country estate of Nelson Dewey, Wisconsin's first governor.

        Dewey began to build his dream home after completing his second term. This home would provide material testimony to his years of business and political success. The three-story Gothic Revival home was completed in 1868 and was the centerpiece of his 2,000-acre estate. It overlooked pastures and meadowlands, fruit orchards and a vineyard, and, in the distance, the Mississippi River.

        In 1873 the home burned to the foundations, leaving only the brick walls standing. In 1879 General Walter Cass Newberry bought the ruins of the house and 40 acres of land. He worked the farm for several years. In the early 1890s, began building a summer residence on the original foundations. The Newberry house was much more modest, without the tall, narrow gables and ornate detail of the original mansion.

        For more information, visit the website: http://stonefield.wisconsinhistory.org/About/History.aspx

        First Capitol

        Near the picturesque hamlet of Belmont is First Capitol, the place where the first territorial legislature established Wisconsin's territorial government.

        These lawmakers, huddled in the cold during the fall and winter of 1836, built the framework that would evolve into the state of Wisconsin 12 years later.

        They met from October 25 to December 9, 1836, put 42 laws on the books, established a judicial system, called for roads and railroads, and — most significantly — established Madison as the permanent capital city.

        For more information, visit the website: http://firstcapitol.wisconsinhistory.org/About/History.aspx

        Reed School

        Before 1960, most rural Wisconsin kids were educated in a one-room school like Reed School. One-room education reflects a less mobile, more rural time in our history. The wide diversity of ages provided opportunities for older students to help their younger peers, which is an attribute that today's schools find desirable, but difficult to achieve.

        Reed School, built in 1915, served as a one-room country school through 1951. It provided a first- through eighth-grade education with only one teacher. The school is typical of the more than 6,000 one-room schools that dotted the landscape of rural Wisconsin.

        For more information, visit the website: http://reedschool.wisconsinhistory.org/About/History.aspx

  8. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

      1. How is the income from cemetery land to be used and dispersed in this state?

        The cemetery authority shall annually fix the sum necessary for the care of cemetery lots and care and improvement of the cemetery, or to produce a sufficient income for those purposes.

        The cemetery authority shall take, hold and use any gifts, or the income and proceeds of any gifts, as may be made in trust or otherwise, for the improvement, maintenance, repair, preservation or ornamentation of any cemetery lot or structure in the cemetery, according to the terms of the gift and regulations by the cemetery authority.

        Funds that are received by a cemetery authority for the care of a cemetery lot shall be invested in one or more of the following manners:

        a. Deposited and invested.

        b. Deposited with the treasurer of the county or city in which the cemetery is located if the governing body of the county or city accepts such deposits.

        c. 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.

        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.

        Any cemetery authority that sells a cemetery lot on or after November 1, 1991, shall deposit 15% of each payment of principal into a care fund within 30 days after the last day of the month in which the payment is received. The total amount deposited must equal 15% of the total amount of all payments of principal that have been received, but not less than $25.

        157.11. Cemeteries. Improvement and care of cemetery lots and grounds]

      2. How is a state historic acquisition and preservation fund administered?

        There is established a separate nonlapsible trust fund designated as the history preservation partnership trust fund consisting of all moneys received from: admissions, sales, and other receipts of the historical society, all contributions, gifts, grants, and bequests accepted by a corporation that are not retained by the corporation, all moneys received by a corporation for goods or services provided by the corporation that are not retained by the corporation, and all moneys transferred under 2003 Wisconsin Act 91. Moneys in the fund may be expended only as provided.

        25.74. History preservation partnership trust fund. )

      3. How are trust funds for the maintenance of cemeteries established and administered?

        We were unable to locate an answer relevant to this question at this time.

      4. How are state historic archives maintained?

        We were unable to locate an answer relevant to this question at this time.

      5. How may the state enter into private contracts for recovering and preserving historical artifacts?

        We were unable to locate an answer relevant to this question at this time.

      6. What funding exists for state historical education efforts?

        Archaeological sites and contiguous land are exempt from property taxes if the property is subject to a permanent easement, covenant or similar restriction running with the land and if that easement, covenant or restriction is held by the state historical society or by an entity approved by the state historical society and protects the archaeological features of the property.

        70.11 Property exempted from taxation.)

        Individuals interested in searching for funding for historical preservation, visit the Wisconsin Historical Society website: http://www.wisconsinhistory.org/hp/funding/search.asp (last accessed 18 September 2010).

      7. What funding exists for state museums’ scientific services?

        Public museum funds appropriated to the museum by the common council shall only be used for the maintenance of the museum, salaries of the employees, purchase of fuel, supplies, furniture and fixtures, or incidental repairs of the museum.

        All moneys appropriated for the purposes of said institutions shall be paid over to the city treasurer and credited to said funds, respectively. Each board of trustees shall provide for all necessary expenditures from each said fund, and all disbursements shall be made on orders of the president and secretary of the board, countersigned by the city comptroller; but, except as expressly provided otherwise, the board shall not in any one year expend or incur any liability for any sum in excess of the amount allocated to each such fund by the common council.

        229.15 Museum funds; expenditures.)

    2. Special Funding for Public Lands

      1. What special funding sources are there for protection and preservation of burials on public lands?

        We were unable to locate an answer relevant to this question at this time.

    3. Special Funding for Private Lands

      1. What special funding sources are there for protection and preservation of burials on private lands?

        We were unable to locate an answer relevant to this question at this time.

  9. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

      1. What laws are there recognizing or acknowledging constituent groups?

        The department of social services shall make grants to applying community-based organizations to provide in-home and community-based alcohol and other drug abuse intervention, treatment or family support services directed at low-income Hispanics and Black Americans in urban areas and make funds available to any of the federally recognized tribal governing bodies in this state to increase the capacity of reservations to provide outpatient, intervention, treatment or family support services for alcohol and other drug abusers.

        46.975. Grant and funding program;  services related to alcohol and other drug abuse]

        “Minority group pupil” means a pupil who is Black or African American, Hispanic, American Indian, an Alaskan native, or a person of Asian or Pacific Island origin, and who has reached the age of 4 on or before September 1 of the year he or she enters school.

        121.845. Definitions]

        Each school board shall provide an instructional program designed to give pupils, among other things, an understanding of human relations, particularly with regard to American Indians, Black Americans and Hispanics.

        [§118.01. Educational goals and expectations]

      2. What tribes are recognized by the state?

        Wisconsin recognizes federally-recognized tribes.

        See mention in:

        §20.445(5)(kg). Workforce development, department of. Vocational rehabilitation services. Vocational rehabilitation services for tribes.

      3. Are the state-recognized tribes different from the federally-recognized tribes in the state?

        Wisconsin recognizes the same American Indian tribes as are recognized by federal law.

        (See § 822.02 (16), Definition of “Tribe”)

    2. Compliance Laws

      1. What laws are there related to compliance with recognition or acknowledgment of constituent groups?

        We were unable to locate an answer relevant to this question at this time.

    3. Regulatory Laws

      1. What laws are there related to regulation or recognition or acknowledgment of constituent groups?

        "Minority group pupil" means a pupil who is Black or African American, Hispanic, American Indian, an Alaskan native, or a person of Asian or Pacific Island origin, and who has reached the age of 4 on or before September 1 of the year he or she enters school.

        121.845 (2) Special Transfer Aid )

        The department of administration shall provide information and assistance to American Indians in this state with respect to problems or issues of concern to the American Indian community.

        16.06. American Indian assistance.)

        The board of commissioners of public lands has appropriations to make payments to American Indian tribes or bands for raised sunken logs. All moneys received under s. 170.12 (9m) (Sunken Logs on Submerged States Lands. Use of Revenue from Program) are to be used for making payments to American Indian tribes or bands under s. 170.12 (9m) (Sunken Logs on Submerged States Lands. Use of Revenue from Program).

        20.507. Board of commissioners of public lands.)

        The State superintendent shall annually pay to the school board of the Wausau school district for English instruction for 3-year-old, 4-year-old and 5-year-old Southeast Asian children.

        115.28. General duties, (35) English for Southeast Asian children.]

        The governor shall annually proclaim February as African American History and Cultural Heritage Month as a way to recognize and celebrate the contributions and achievements of African Americans.

        (§ 14.16 (12m) African American History and Cultural Heritage Month. )

    4. Decision-Making Authorities

      1. What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

        The director of the historical society or his or her formally appointed designee is responsible for assisting Indian tribes, state agencies and other persons in any negotiation with any federal agency for the preservation of burial sites and human remains.

        157.70 Burial sites preservation.)

      2. How are Indian sacred sites regulated?

        Wisconsin code does not appear to specifically address the regulation of Indian sacred sites. However, the director of the historical society or his or her formally appointed designee is responsible for assisting Indian tribes, state agencies and other persons in any negotiation with any federal agency for the preservation of burial sites and human remains.

        157.70 Burial sites preservation.)

      3. Is there a state Indian Affairs Commission or equivalent?

        Wisconsin does not appear to have a state Indian Affairs Commission. Issues regarding the care of Native American children are often deferred to the U.S. Department of the Interior’s Bureau of Indian Affairs.

        (See e.g., §48.685 Criminal history and child abuse record search; §48.981. Abused or neglected children and abused unborn children. Notice of report to Indian tribal agent.; §49.01. Definitions; § 50.065 Criminal history and patient abuse record search; §233.40 Hospitals charges. Indian Children)

        The Department of the Interior, Bureau of Indian Affairs has a regional office, called the Great Lakes Agency, located in Ashland, Wisconsin.

        (See http://www.bia.gov/WhoWeAre/RegionalOffices/Midwest/WeAre/GreatLakes/index.htm )

      4. How is the state Indian Affairs Commission or equivalent composed?

        Wisconsin does not appear to have an Indian Affairs Commission or similar agency.

      5. What are the powers and duties of the state Indian Affairs Commission?

        Wisconsin does not appear to have an Indian Affairs Commission or similar agency.

      6. Is there a state Indian cultural heritage commission?

        Wisconsin does not appear to have an Indian Cultural Heritage Commission.

        However, school districts enrolling American Indian pupils may establish an American Indian language and culture education program. The program shall be designed to:

        (a) Make the school curriculum more relevant to the needs, interests and cultural heritage of American Indian pupils.

        (b) Provide reinforcement of the positive self-image of American Indian pupils

        (c) Develop intercultural awareness among pupils, parents and staff.

        The American Indian language and culture education program may include:

        (a) Instruction in American Indian language, literature, history and culture.

        (b) In-service training and technical assistance for staff in regard to methods of teaching American Indian pupils.

        (c) Vocational education and counseling for American Indian pupils.

        (d) Modification of curriculum, instructional methods and administrative procedures to meet the needs of American Indian pupils.

        (e) Tests of the academic achievement of the American Indian pupils enrolled.

        (f) Identification of the educational needs of the American Indian pupils enrolled.

        (g) Classification of American Indian pupils enrolled by grade, level of education, age and achievement.

        American Indian language and culture education programs established under this subchapter shall be located in school facilities in which regular classes in a variety of subjects are offered on a daily basis.

        115.72. American Indian Language And Culture Education Program. Establishment of Programs]

    5. Special Funding

      1. What special funding sources are there for state recognition or acknowledgment of constituent groups?

        We were unable to locate an answer relevant to this question at this time.



[1]All citations refer to the Wisconsin Code (current through June 30, 2010), which can be accessed at http://www.legis.state.wi.us/rsb/Statutes.htmlor http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd


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