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.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@Wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Greg DiMiceli, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Greg DiMiceli, Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before September 28, 2017, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chapter CB 2 (title) is amended to read: FILING OF ANNUAL REPORTS AND MAINTAINING BURIAL RECORDS BY CEMETERY AUTHORITIES AND PRENEED SELLERS.
Section 2. CB 2.01 is amended to read:
Section 3. CB 2.015 is created to read:
CB 2.05. Definition. In this chapter, “cemetery authority” has the meaning given in 157.061 (2), Stats.
Note: Crematory authority is defined in s. 440.70 (9), Stats. Section 4. CB 2.06 is created to read:
CB 2.06. Burial record. (1) A cemetery authority or licensee shall maintain a record for all human remains buried within a cemetery. This record shall include the following information:
(a) The name of the deceased.
(b) The last-known address of the deceased.
(c) The date of birth of the deceased.
(d) The date of death as listed on the disposition of human remains.
(e) The date that the remains are placed in the grave, niche, or crypt.
(f) The exact location in the cemetery where the human remains are buried or placed. The specific location shall correspond to the map or plat maintained by the cemetery authority or licensee.
(g) The name of the person authorizing the burial and his or her relationship to the deceased.
(h) The name of the funeral establishment, as defined in s. 445.01 (6), Stats. (i) The type of burial vault used, if any, including poured concrete, precast concrete, plastic, or polyurethane.
(j) The type of the grave marker or monument, including granite, along with the marker style, including flush, upright, or slanted.
Note: The burial records listed in s. CB 2.05 (1) are different from the records that a cemetery authority is required to keep and maintain in accordance with s. 157.62 (4), Stats. (2) A cemetery authority or licensee shall record burial information under sub. (1) no more than 10 business days following the burial. All burial records completed after the effective date of this section … [LRB inserts date] shall be maintained either in an electronic format that is easily accessible for review or in a legibly written format.
(3) All burial records shall be maintained by the cemetery authority. Upon conveyance of a cemetery, burial records shall be transferred to the new cemetery authority who shall then maintain the transferred records.
Section 5. CB 5.03 (3) is renumbered CB 1.015 and amended to read:
CB 1.015. Definitions. As used in chs. CB 1 to 6, “Board board” means the cemetery board. Section 6. Chapter CB 6 is created to read: MAUSOLEUMS
CB 6.02 Definitions. In this chapter:
(1) “Mausoleum” has the meaning given in s. 157.061 (9), Stats. (2) “Public Mausoleum” has the meaning given in s. 157.061 (14), Stats.
