2005 WISCONSIN ACT 31
An Act to amend 157.055 (2) (intro.); and to create 15.407 (8), 440.08 (2) (a) 24m. and subchapter VI of chapter 440 [precedes 440.70] of the statutes; relating to: regulating the cremation of human remains, creating a Crematory Authority Council, granting rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. 15.407 (8) of the statutes is created to read:
15.407 (8) Crematory authority council. There is created a crematory authority council in the department of regulation and licensing consisting of the secretary of regulation and licensing or a designee of the secretary, who shall serve as a nonvoting member, and the following persons appointed for 3-year terms:
(a) Three persons licensed as funeral directors under ch. 445 who operate crematories.
(b) Three representatives of cemetery authorities, as defined in s. 157.061 (2), who operate crematories.
(c) One public member.
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2. 157.055 (2) (intro.) of the statutes is amended to read:
157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.10, and subch. VI of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do all of the following:
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3. 440.08 (2) (a) 24m. of the statutes is created to read:
440.08 (2) (a) 24m. Crematory authority: January 1 of each even-numbered year; $53.
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4. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is created to read:
chapter 440
subchapter VI
crematory authorities
440.70 Definitions. As used in this subchapter:
(1) "Authorization form" means a form specified in s. 440.73.
(3) "Business entity" has the meaning given in s. 452.01 (3j).
(4) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.
(5) "Cremated remains" means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part.
(6) "Cremation" means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments.
(7) "Cremation chamber" means an enclosed space within which cremation takes place.
(8) "Crematory" means a building or portion of a building within which a cremation chamber is located.
(9) "Crematory authority" means a person who owns or operates a crematory.
(10) "Funeral director" has the meaning given in s. 445.01 (5).
(11) "Funeral establishment" has the meaning given in s. 445.01 (6).
(12) "Human remains" means the body or part of the body of a deceased individual.
(13) "Incapacitated" means unable to receive and evaluate information effectively or to communicate decisions.
(14) "Niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.
440.71 Registration; renewal. (1)
Prohibition. No person may cremate human remains unless the department has registered the person as a crematory authority under sub. (2).
(2) Registration. The department shall register a person as a crematory authority if the person does all of the following:
(a) Pays the fee specified in s. 440.05 (1).
(b) Submits an application on a form provided by the department that includes all of the following:
1. The name and address of the applicant or the business entity that the applicant represents.
2. The address of the crematory.
3. A description of the structure and equipment proposed to be used in operating the crematory.
4. Any other information that the department may require.
(3) Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a).
440.73 Authorization forms. A person who is authorized to direct the cremation of the human remains of a decedent may do so only by completing a form that includes all of the following:
(1) The name of the decedent and the date and time of the decedent's death.
(2) The name of the person directing the cremation and his or her relationship to the decedent.
(3) A statement that the person directing the cremation has the authority to direct the cremation.
(4) A statement that the person directing the cremation has no reason to believe that the decedent's remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
(5) The name of the funeral director, funeral establishment, or cemetery that the person directing the cremation authorizes to receive the cremated remains or, if alternative arrangements are made for receiving the cremated remains, a description of those arrangements.
(6) If known by the person directing the cremation, the manner in which the cremated remains are to be disposed.
(7) An itemized list of valuables on the decedent's person that are to be removed prior to cremation and returned to the person directing the cremation.
(8) If a viewing or other services are planned, the date and time of the viewing or services.
(9) The signature of the person directing the cremation attesting to the accuracy of the representations contained on the form.
440.75 Liability of a person who directs the cremation of human remains. 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.
440.76 Revocation of authorization. Before a cremation is performed, a person directing the cremation of human remains may cancel the cremation by providing the crematory authority with a written statement revoking the authorization form. A person who revokes an authorization form shall provide the crematory authority with written instructions regarding the final disposition of the human remains.
440.77 Delivery and acceptance of human remains. (1) Receipt for delivery. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following:
(a) The name of the decedent.
(b) The date and time that the human remains were delivered.
(c) A description of the type of casket or container in which the human remains were delivered.
(d) The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated.
(e) The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated.
(f) The signature of the person who delivered the human remains.
(g) The signature of the person who received the human remains on behalf of the crematory authority.
(2) Acceptance of human remains. (a) A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed.
(b) A crematory authority may refuse to accept delivery of human remains if any of the following apply:
1. The casket or other container used for the human remains has evidence of leakage of bodily fluids.
2. The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved.
3. The crematory authority has reason to believe that a representation of the person directing the cremation of human remains is not true.
4. The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation.
440.78 Cremation requirements. (1) Documentation. A crematory authority may not cremate the human remains of a decedent unless the authority has received all of the following:
(a) A completed authorization form.
(b) A copy of the cremation permit issued under s. 979.10 (1) (a).
(c) If a report for final disposition of a human corpse is required under s. 69.18 (3), a copy of the report.
