2019 - 2020 LEGISLATURE
September 23, 2019 - Introduced by Senators Schachtner, Bewley, Carpenter,
Kooyenga, Miller and L. Taylor, cosponsored by Representatives Novak,
Swearingen, McGuire, Bowen, Dittrich, Emerson, Kuglitsch, Milroy,
Ohnstad, Pope, Rodriguez, Sargent, Sinicki, Skowronski, Thiesfeldt and
Tusler. Referred to Committee on Health and Human Services.
SB443,1,5
1An Act to renumber and amend 440.70 (6) and 440.78 (3) (c);
to amend 440.70
2(5) and 440.80 (2) (b); and
to create 440.70 (6) (b), 440.70 (6m), 440.78 (3) (c)
32. and 440.78 (5m) of the statutes;
relating to: the use of alkaline hydrolysis
4to cremate human remains, providing an exemption from emergency rule
5procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, a person may use the process of alkaline hydrolysis to cremate
human remains only if the person is registered as a crematory authority by the
Department of Safety and Professional Services. Alkaline hydrolysis is a process
that uses water, alkaline chemicals, pressure, and heat to reduce human remains for
final disposition. The bill places the use of alkaline hydrolysis for cremating human
remains under generally the same requirements that apply under current law to
conventional cremation.
For further information see the state 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:
SB443,1
6Section
1. 440.70 (5) of the statutes is amended to read:
SB443,2,4
1440.70
(5) “Cremated remains" means human remains recovered from the
2cremation of a human body or body part and the residue of a container or foreign
3materials that were cremated with the body or body part
, but excludes the sterile
4liquid resulting from cremation by alkaline hydrolysis.
SB443,2
5Section
2. 440.70 (6) of the statutes is renumbered 440.70 (6) (intro.) and
6amended to read:
SB443,2,77
440.70
(6) (intro.) “Cremation" means
any of the
following:
SB443,2,9
8(a) The process of using heat
and flame to reduce human remains to bone
9fragments
and includes, including processing or pulverizing the bone fragments.
SB443,3
10Section
3. 440.70 (6) (b) of the statutes is created to read:
SB443,2,1111
440.70
(6) (b) Cremation by alkaline hydrolysis.
SB443,4
12Section
4. 440.70 (6m) of the statutes is created to read:
SB443,2,1513
440.70
(6m) “Cremation by alkaline hydrolysis” means the process of using
14water, alkaline chemicals, pressure, and heat to reduce human remains to bone
15fragments, including processing or pulverizing the bone fragments.
SB443,5
16Section 5
. 440.78 (3) (c) of the statutes is renumbered 440.78 (3) (c) 1. and
17amended to read:
SB443,2,2318
440.78
(3) (c) 1.
A Except as provided under subd. 2., a container may be used
19to hold human remains that are to be cremated only if the container is composed of
20readily combustible materials that are resistant to leakage and spillage, has the
21ability to be closed for complete covering of the human remains, is sufficiently rigid
22to provide ease in handling, and is able to protect the health and safety of crematory
23personnel.
SB443,6
24Section 6
. 440.78 (3) (c) 2. of the statutes is created to read:
SB443,3,3
1440.78
(3) (c) 2. A container may be used to hold human remains that are to
2be cremated by alkaline hydrolysis only if the container is biodegradable and opaque
3and satisfies subd. 1.
SB443,7
4Section 7
. 440.78 (5m) of the statutes is created to read:
SB443,3,85
440.78
(5m) Destruction of pathogens. If a crematory authority cremates
6human remains by alkaline hydrolysis, the crematory authority shall during the
7cremation process destroy the pathogens in the cremation chamber. The department
8shall promulgate rules to establish requirements for complying with this subsection.
SB443,8
9Section 8
. 440.80 (2) (b) of the statutes is amended to read:
SB443,3,1210
440.80
(2) (b) Disposing of the remains in any other lawful manner
that does
11not harm the environment, but only if the remains are reduced to a particle size of
12one-eighth inch or less.
SB443,9
13Section 9
.
Nonstatutory provisions.
SB443,3,2314
(1)
Emergency rules. Using the procedure under s. 227.24, the department of
15safety and professional services may promulgate rules to implement this act under
16ss. 440.78 and 440.84 for the period before the effective date of the permanent rules
17promulgated under ss. 440.78 and 440.84 but not to exceed the period authorized
18under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s.
19227.24 (1) (a), (2) (b), and (3), the department of safety and professional services is
20not required to provide evidence that promulgating a rule under this subsection as
21an emergency rule is necessary for the preservation of the public peace, health,
22safety, or welfare and is not required to provide a finding of emergency for a rule
23promulgated under this subsection.