Conducting cremations. The bill allows only persons who are registered with
DRL as "cremation authorities" to cremate human remains. DRL must register a
person who pays a fee, and provides specified information, including a description
of the structure and equipment proposed to be used in operating a "crematory," which
the bill defines as a building or portion of a building within which a cremation
chamber is located. A registration must be renewed every two years.
The bill requires a crematory authority that accepts human remains from a
person to provide the person with a receipt. The bill allows a crematory authority
to refuse acceptance for any of the following reasons: 1) the container has evidence
of leakage of bodily fluids; 2) the crematory authority has knowledge of an unresolved
dispute regarding the cremation of the human remains; 3) the crematory authority
has reason to believe that a representation of the authorizing agent is not true; or

4) the crematory authority has reason to believe that the human remains contain a
device that may be hazardous or cause certain damage during a cremation. In
addition, the bill prohibits a crematory authority from refusing acceptance solely on
the basis that the human remains have not been placed in a casket or have not been
embalmed.
The bill prohibits a crematory authority from cremating human remains,
unless it has received the authorization form described above, as well as a copy of a
cremation permit and a report for final disposition of a human corpse, both of which
are required under current law. The crematory authority must satisfy other
requirements, including requirements regarding holding human remains before
cremation, removing cremated remains from a cremation chamber, using containers
for cremated remains, and maintaining a system for identifying human remains
throughout the cremation process. The bill also imposes requirements on a
crematory authority's delivery of cremated remains to another person.
In addition, the bill does the following: 1) requires crematory authorities to
maintain permanent records regarding cremations; 2) prohibits crematory
authorities from selling material or devices (such as medical devices) obtained from
cremating human remains; and 3) prohibits crematory authorities from reselling
containers used for cremating human remains. The bill also provides that crematory
authorities are immune from civil liability for damages resulting from cremating
human remains if they comply with the bill's requirements. However, the immunity
does not apply to intentional misconduct, negligent conduct, or the failure to return
valuables specified on an authorization form.
Disposing of cremated remains. The bill provides that an authorizing agent
is responsible for determining the manner in which cremated remains are disposed.
However, if the authorizing agent does not make the determination, the crematory
authority must, no sooner than 30 days after the cremation, deliver the cremated
remains to the person, funeral establishment, or other business entity that delivered
the human remains to the crematory authority for cremation. Such a person, funeral
establishment, or business entity may not refuse to accept the cremated remains.
No sooner than 60 days after receiving the cremated remains, the person, funeral
establishment, or business entity is allowed to determine the manner of disposal and
must make a written record of the determination. An authorizing agent, the
decedent's estate, or both, are liable for reasonable expenses for delivery to, and
disposal of cremated remains by, such a person, funeral establishment, or business
entity.
Under the bill, cremated remains may be disposed of only in one of the following
manners: 1) placement in a grave, niche, or crypt; or 2) any other lawful manner, but
only if the cremated remains are reduced to a particle size of one-eighth inch or less.
Also, unless the prior written consent of the appropriate authorizing agents is
obtained, cremated remains of different individuals may not be commingled or
placed in the same container.
Other provisions. Other provisions of the bill include the following:
1. The bill allows DRL to take disciplinary action, including revoking a
registration, if a crematory authority violates the bill's requirements.

2. The bill creates criminal penalties and civil forfeitures for violating the bill's
requirements.
3. The bill allows a person to act as authorizing agent for cremating a part of
his or her body, or to authorize another person to act as authorizing agent for such
a purpose.
4. The bill specifies the circumstances under which a person is considered
incapacitated for purposes of determining who may act as an authorizing agent.
5. The bill creates a Crematory Authority Council to advise DRL on the
regulation of crematory authorities. The council consists of three funeral directors,
three representatives of cemetery authorities, and one public member.
The bill does not affect any of the following provisions under current law
regarding cremations: 1) the requirement to obtain a permit from a coroner or
medical examiner before cremating a corpse; 2) the authority of the Department of
Health and Family Services to make orders regarding the disposal of human remains
during public health emergencies declared by the governor; and 3) the authority of
the Department of Commerce to approve the construction of crematoriums.
Exemptions. The provisions of the bill do not apply to any of the following: 1)
a person who is performing his or her duties as an officer of a public institution,
medical school, medical college, county medical society, anatomical association, or
accredited college of embalming; 2) a person acting in accordance with a statute
prescribing the conditions under which donated or indigent human dead bodies are
held subject for anatomical study; or 3) to a person who is acting according to the
burial customs or rites of a religious sect.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB75, s. 1 1Section 1. 15.407 (8) of the statutes is created to read:
AB75,4,52 15.407 (8) Crematory authority council. There is created a crematory
3authority council in the department of regulation and licensing consisting of the
4secretary of regulation and licensing or a designee of the secretary, who shall serve
5as a nonvoting member, and the following persons appointed for 3-year terms:
AB75,5,2
1(a) Three persons licensed as funeral directors under ch. 445 who operate
2crematories.
AB75,5,43 (b) Three representatives of cemetery authorities, as defined in s. 157.061 (2),
4who operate crematories.
AB75,5,55 (c) One public member.
AB75, s. 2 6Section 2. 157.055 (2) (intro.) of the statutes is amended to read:
AB75,5,107 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3),
8(3m), and (4), 979.02, and 979.10, and subch. VI of ch. 440, during a period of a state
9of emergency related to public health declared by the governor under s. 166.03 (1) (b)
101., a public health authority may do all of the following:
AB75, s. 3 11Section 3. 440.08 (2) (a) 24m. of the statutes is created to read:
AB75,5,1312 440.08 (2) (a) 24m. Crematory authority: January 1 of each even-numbered
13year; $53.
AB75, s. 4 14Section 4. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is
15created to read:
AB75,5,1616 chapter 440
AB75,5,1817 subchapter VI
18 crematory authorities
AB75,5,19 19440.70 Definitions. As used in this subchapter:
AB75,5,20 20(1) "Authorization form" means a form specified in s. 440.73.
AB75,5,22 21(2) "Authorizing agent" means an individual who acts as an authorizing agent
22under s. 440.72 or to whom a delegation of authority is made under s. 440.74.
AB75,5,23 23(3) "Business entity" has the meaning given in s. 452.01 (3j).
AB75,5,25 24(4) "Columbarium" means a building, structure, or part of a building or
25structure that is used or intended to be used for the inurnment of cremated remains.
AB75,6,3
1(5) "Cremated remains" means human remains recovered from the cremation
2of a human body or body part and the residue of a container or foreign materials that
3were cremated with the body or body part.
AB75,6,5 4(6) "Cremation" means the process of using heat to reduce human remains to
5bone fragments and includes processing or pulverizing the bone fragments.
AB75,6,7 6(7) "Cremation chamber" means an enclosed space within which cremation
7takes place.
AB75,6,9 8(8) "Crematory" means a building or portion of a building within which a
9cremation chamber is located.
AB75,6,10 10(9) "Crematory authority" means a person who owns or operates a crematory.
AB75,6,11 11(10) "Funeral director" has the meaning given in s. 445.01 (5).
AB75,6,12 12(11) "Funeral establishment" has the meaning given in s. 445.01 (6).
AB75,6,14 13(12) "Human remains" means the body or part of the body of a deceased
14individual.
AB75,6,16 15(13) "Incapacitated" means unable to receive and evaluate information
16effectively or to communicate decisions.
AB75,6,18 17(14) "Niche" means a space in a columbarium that is used or intended to be used
18for the inurnment of cremated remains.
AB75,6,21 19440.71 Registration; renewal. (1) Prohibition. No person may cremate
20human remains unless the department has registered the person as a crematory
21authority under sub. (2).
AB75,6,23 22(2) Registration. The department shall register a person as a crematory
23authority if the person does all of the following:
AB75,6,2424 (a) Pays the fee specified in s. 440.05 (1).
AB75,7,2
1(b) Submits an application on a form provided by the department that includes
2all of the following:
AB75,7,43 1. The name and address of the applicant or the business entity that the
4applicant represents.
AB75,7,55 2. The address of the crematory.
AB75,7,76 3. A description of the structure and equipment proposed to be used in
7operating the crematory.
AB75,7,88 4. Any other information that the department may require.
AB75,7,12 9(3) Renewal. Renewal applications shall be submitted to the department on
10a form provided by the department on or before the applicable renewal date specified
11under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
12s. 440.08 (2) (a).
AB75,7,15 13440.72 Authorizing agents. (1) Except as provided in subs. (3) and (4), only
14the following may act as an authorizing agent and direct the cremation of the human
15remains of a decedent:
AB75,7,1616 (a) The decedent's surviving spouse.
AB75,7,2217 (b) One of the decedent's surviving adult children who confirms in writing to
18the crematory authority that all other surviving children have been notified about
19the cremation, if the individual specified in par. (a) declines to act as authorizing
20agent but does not object to the cremation, or is dead or incapacitated, unless another
21surviving adult child of the decedent provides a written objection to the cremation
22to the crematory authority.
AB75,8,223 (c) A surviving parent of the decedent, if the individuals specified in pars. (a)
24and (b) decline to act as authorizing agent but do not object to the cremation, or are

1dead or incapacitated, unless a surviving parent of the decedent provides a written
2objection to the cremation to the crematory authority.
AB75,8,73 (d) A surviving individual related in the closest degree of kinship to the
4decedent, as determined under s. 990.001 (16), if the individuals specified in pars.
5(a) to (c) decline to act as authorizing agent but do not object to the cremation, or are
6dead or incapacitated, unless a surviving individual of the same degree of kinship
7provides a written objection to the cremation to the crematory authority.
AB75,8,98 (e) Any other person, if the individuals specified in pars. (a) to (d) decline to act
9as authorizing agent but do not object to the cremation, or are dead or incapacitated.
AB75,8,17 10(2) An individual is incapacitated for purposes of sub. (1) if 2 physicians
11licensed under subch. II of ch. 448, or one physician licensed under subch. II of ch.
12448 and one psychologist licensed under ch. 455, have personally examined the
13individual and signed a statement specifying that the individual is incapacitated.
14Age, eccentricity, or physical disability, either singly or together, are insufficient to
15make a finding that an individual is incapacitated. Neither of the individuals who
16make a finding that an individual is incapacitated may be a relative, as defined in
17s. 242.01 (11), of the individual.
AB75,8,22 18(3) If a decedent's estate is insufficient to pay the expenses related to final
19disposition of the decedent's human remains, or if final disposition of the decedent's
20human remains is the responsibility of the state or a local unit of government, the
21following persons, in the priority listed, may act as an authorizing agent and direct
22the cremation of the decedent's human remains:
AB75,9,223 (a) An individual specified in sub. (1) (a) to (d), unless one of those individuals
24objects in writing to the cremation or states in writing that cremation was contrary
25to the religious beliefs of the decedent or unless the crematory authority determines

1that there is evidence that cremation was contrary to the religious beliefs of the
2decedent.
AB75,9,43 (b) The coroner or medical examiner of the county in which the decedent's death
4occurred.
AB75,9,55 (c) The decedent's guardian at the time of the decedent's death.
AB75,9,9 6(4) An individual may not act as an authorizing agent unless he or she has
7made all reasonable efforts to contact all individuals under sub. (1) who have
8superior authority to act as an authorizing agent and has confirmed that such
9individuals do not object to the cremation.
AB75,9,12 10(5) An individual may act as an authorizing agent, or authorize another
11individual to act as an authorizing agent, for purposes of directing the cremation of
12his or her own body part.
AB75,9,15 13440.73 Authorization forms. An authorizing agent may direct the cremation
14of the human remains of a decedent only by completing a form that includes all of the
15following:
AB75,9,16 16(1) The name of the decedent and the date and time of the decedent's death.
AB75,9,18 17(2) The name of the authorizing agent and his or her relationship to the
18decedent.
AB75,9,22 19(3) A statement that the authorizing agent has the authority to authorize the
20cremation and either that no other individual has superior authority or that the
21authorizing agent has made all reasonable efforts to contact all individuals with
22superior authority and such individuals do not object to cremation.
AB75,9,25 23(4) A statement that the authorizing agent has no reason to believe that the
24decedent's remains contain a device that may be hazardous or cause damage to the
25cremation chamber or an individual performing the cremation.
AB75,10,4
1(5) The name of the funeral director, funeral establishment, or cemetery that
2the authorizing agent authorizes to receive the cremated remains or, if alternative
3arrangements are made for receiving the cremated remains, a description of those
4arrangements.
AB75,10,6 5(6) If known by the authorizing agent, the manner in which the cremated
6remains are to be disposed.
AB75,10,8 7(7) An itemized list of valuables on the decedent's person that are to be removed
8prior to cremation and returned to the authorizing agent.
AB75,10,10 9(8) If a viewing or other services are planned, the date and time of the viewing
10or services.
AB75,10,12 11(9) The signature of the authorizing agent attesting to the accuracy of the
12representations contained on the form.
AB75,10,15 13440.74 Delegation of authority. An authorizing agent may, in writing,
14delegate the authority to direct the cremation of the human remains of a decedent
15to another individual. The delegation shall include all of the following:
AB75,10,17 16(1) The name and address of the authorizing agent and the relationship of the
17authorizing agent to the decedent.
AB75,10,19 18(2) The name and address of the individual to whom the delegation is made and
19the relationship of the authorizing agent to that individual.
AB75,10,22 20440.75 Liability of authorizing agent. An authorizing agent is liable for
21damages resulting from authorizing the cremation of the human remains of a
22decedent.
AB75,11,2 23440.76 Revocation of authorization. Before a cremation is performed, an
24authorizing agent may cancel the cremation by providing the crematory authority
25with a written statement revoking the authorization form. An authorizing agent

1who revokes an authorization form shall provide the crematory authority with
2written instructions regarding the final disposition of the human remains.
AB75,11,5 3440.77 Delivery and acceptance of human remains. (1) Receipt for
4delivery.
A crematory authority that receives human remains from a person shall
5provide the person with a receipt that includes all of the following:
AB75,11,66 (a) The name of the decedent.
AB75,11,77 (b) The date and time that the human remains were delivered.
AB75,11,98 (c) A description of the type of casket or container in which the human remains
9were delivered.
AB75,11,1210 (d) The name of the person who delivered the human remains and the name
11of the funeral establishment or other business entity, if any, with which the person
12is affiliated.
AB75,11,1513 (e) The name of the person who received the human remains on behalf of the
14crematory authority and the name of the funeral establishment or other business
15entity, if any, with which the crematory authority is affiliated.
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