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Cemetery Board
An order of the Cemetery Board to renumber and amend CB 5.03 (3); to amend ch. CB 2 (title) and CB 2.01; and to create CB 2.05, 2.06, and ch. CB 6, relating to mausoleums and burial records.
Analysis prepared by the Department of Safety and Professional Services.
Statutes interpreted: Sections 157.12 (2) and 157.62 (5), Stats.
Statutory authority: Sections 157.12 (2) (a), 157.62 (5), and 440.905 (2), Stats.
Explanation of board authority: Section 157.12 (2) (a), Stats., requires the cemetery board to promulgate rules governing the location, material, and construction of mausoleums. Section 440.905 (2), Stats., grants the cemetery board rule-making authority and the authority to promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers.
Related statute or rule: Sections SPS 361.30, 361.36 (1) (f), 361.41 (3), 361.50, and 362.3100, and chs. 157 and 440, Stats.
Plain language analysis:
The rule creates a cemetery burial record and provides cemetery board guidance for the oversight of mausoleum and public mausoleum construction and inspections.
Summary of, and comparison with, existing or proposed federal regulation:
This rule updates cemetery and mausoleum provisions according to 2015 Wisconsin Act 237 for mausoleum and public mausoleum construction standards.
Comparison with rules in adjacent states:
Illinois: In 2010 the state of Illinois passed the cemetery oversight act. This act included provisions guiding cemetery licensing, reporting, ethics, continuing education, and cemetery sales.
Iowa: All forms, certificates and reports pertaining to the registration of death events are the property of the Iowa regulatory agency and are required to be surrendered to the state registrar upon demand. Under Iowa code 641- 97.17 and 641- 97.18 the funeral director is responsible for recording final disposition records.
Michigan: Cemeteries are required maintain accurate, complete, and legible records of any books, contracts, records, or documents pertaining to, prepared in, or generated by, the cemetery operation including, but not limited to, forms, reports, accounting records, ledgers, internal audit records, correspondence, and personnel records. All records are required to be maintained for at least 7 years from the date of record completion.
Minnesota: Cemeteries are not licensed by the state of Minnesota but are governed by local units of government.
Summary of factual data and analytical methodologies:
The cemetery board reviewed the rule and statutory requirements.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals for a period of 14 days.
Fiscal Estimate and Economic Impact Analysis:
This rule was posted for economic comments for 14 days and no comments were received. The rule does not have any fiscal or economic impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state’s economy as a whole.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.