How AB 358 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes reporting requirements for disturbances of burial sites and clarifies lawful maintenance activities.

• 157.70 (1) (cg)

  “Cemetery” has the meaning given in s. 157.061 (1p).

  Defines 'Cemetery' in the context of burial sites preservation.

• 157.70 (2r)

  This subsection does not prohibit normal agricultural or practices, normal silvicultural practices which, or lawful maintenance if the practices or maintenance do not disturb the human remains in a burial site or the surface characteristics of a burial site. → This subsection does not prohibit normal agricultural or silvicultural practices or lawful maintenance if the practices or maintenance do not disturb the human remains in a burial site or the surface characteristics of a burial site.

  Clarifies that lawful maintenance is permissible without constituting a prohibited disturbance.

• 157.70 (3) (c)

  1. 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 sub. (2r) shall report the disturbance or potential disturbance as soon as reasonably possible to the local police department or county sheriff’s office. 2. Each sheriff and police department in the state shall prepare a report for each disturbance or potential disturbance reported under subd. 1. and shall send a copy of the report to the board and to the cemetery board.

  Mandates reporting of disturbances related to burial sites to law enforcement and requires them to report to the relevant boards.

• 440.03 (18)

  The department shall prescribe a form to be used by local police departments and county sheriff’s offices to report disturbances or potential disturbances to the burial sites preservation board and the cemetery board under s. 157.70 (3) (c). The form shall include spaces to list the property address and the municipality in which the disturbance or potential disturbance occurred.

  Requires the creation of a standardized form for reporting disturbances, ensuring consistent documentation.

• 440.905 (3)

  The board shall receive reports from sheriff’s offices and police departments prepared under s. 157.70 (3) (c) 2. At the first board meeting each calendar year, the board shall review all reports received from the previous calendar year and shall publish each report on the board’s website. (b) Annually, no later than March 1, the board shall submit a report to the department listing each report received under this subsection during the previous calendar year and the address, municipality, and county in which the disturbance or potential disturbance described in each report allegedly occurred.

  Establishes a process for the board to receive, review, and publish disturbance reports annually.