summary
Introduced
09/04/2025
09/04/2025
In Committee
09/04/2025
09/04/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Under current law, with certain exceptions, no person may disturb a burial site or catalogued land contiguous to a catalogued burial site. Any person who knows or has reasonable grounds to believe that a burial site or the catalogued land contiguous to a catalogued burial site is being disturbed or may be disturbed must immediately notify the director of the State Historical Society. A burial site is any place where human remains are buried. Under current law, the director of SHS must identify burial sites and sufficient contiguous land necessary to protect burial sites from disturbance. After collecting sufficient evidence, and holding a hearing if requested by a person who owns or leases land on which a burial site is located, the director of SHS must record a burial site and contiguous land necessary to protect the burial site in the catalog of burial sites. This bill requires any person who knows or has reasonable grounds to believe that a burial site within a cemetery or the catalogued land contiguous to a catalogued burial site within a cemetery is disturbed or may be disturbed in violation of law to report the disturbance or potential disturbance as soon as reasonably possible to the local police department or county sheriff[s office. Each sheriff and police department must then prepare a report for each disturbance or potential disturbance reported and send a copy of the report to the Burial Sites Preservation Board and the Cemetery Board. The bill requires the Department of LRB-2664/1 JPC:cjs 2025 - 2026 Legislature SENATE BILL 416 Safety and Professional Services to prescribe a form to be used by each sheriff and police department to report each disturbance or potential disturbance. Further, the bill requires the Cemetery Board to receive reports from each sheriff and police department, review each report received during the previous calendar year at the board[s first annual meeting, and annually submit a report to DSPS listing each report received by the board during the previous calendar year and the address, municipality, and county in which the disturbance or potential disturbance described in each report allegedly occurred. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
AI Summary
This bill enhances reporting requirements for potential disturbances to burial sites within cemeteries. Specifically, the bill requires any person who knows or suspects that a burial site or its contiguous land within a cemetery is being or may be disturbed illegally to promptly report this to local police or the county sheriff's office. Each law enforcement agency must then prepare a detailed report of the disturbance or potential disturbance and send copies to the Burial Sites Preservation Board and the Cemetery Board. The Department of Safety and Professional Services must create a standardized form for these reports, which will include spaces for the property address and municipality where the incident occurred. The Cemetery Board is mandated to review these reports annually during its first meeting of the calendar year, publish the reports on its website, and submit an annual report to the department by March 1st, detailing each reported incident, including its specific location (address, municipality, and county). This bill aims to improve tracking and documentation of potential violations related to burial sites, ensuring better protection and oversight of these historically and culturally significant areas.
Committee Categories
Justice
Sponsors (9)
Jesse James (R)*,
Elijah Behnke (R),
Calvin Callahan (R),
Barbara Dittrich (R),
Robert Donovan (R),
Rick Gundrum (R),
Dave Maxey (R),
Clint Moses (R),
Jim Piwowarczyk (R),
Last Action
Fiscal estimate received (on 12/18/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb416 |
| Fiscal Note - SB416: Fiscal Estimate From DSPS | https://docs.legis.wisconsin.gov/2025/related/fe/sb416/sb416_dsps.pdf |
| Fiscal Note - SB416: Fiscal Estimate From WHS | https://docs.legis.wisconsin.gov/2025/related/fe/sb416/sb416_whs.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB416.pdf |
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