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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 443
September 28, 2023 - Introduced by Representatives PENTERMAN, GUSTAFSON,
BORN, GUNDRUM, MURSAU, NOVAK, OHNSTAD, SNODGRASS, STUBBS, TUSLER,
VANDERMEER and M YERS, cosponsored by Senators B ALLWEG,
CABRAL-GUEVARA, FELZKOWSKI, L. JOHNSON and TESTIN. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 979.10 (1) (b); and to create 979.10 (1) (ae), 979.10 (1) (am)
and 979.10 (1) (as) of the statutes; relating to: creation of a cremation permit
application form.
Analysis by the Legislative Reference Bureau
Current law prohibits cremation of a human corpse without a cremation permit
issued by a coroner or medical examiner (CME). Current law does not require the
use of any specific form for applying for a cremation permit or for the cremation
permit itself. This bill requires the Department of Health Services to design a
cremation permit application form. If the CME of a county requires applicants for
a cremation permit to apply using an application form, a person applying for a
cremation permit in that county must use the cremation permit application form
designed by DHS under this bill. The bill provides that the cremation permit
application form may be used also as a cremation permit if authorized by the CME
of the county in which the cremation permit is issued.
In addition, the bill requires a CME to issue a cremation permit within 24 hours
of viewing a corpse or the submission of a medical certification, whichever is later.
However, this 24-hour deadline does not apply if a CME has determined that further
examination or judicial inquiry into the death is necessary.
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ASSEMBLY BILL 443
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:
SECTION 1. 979.10 (1) (ae) of the statutes is created to read:
979.10 (1) (ae) The department of health services shall design a cremation
permit application form for a person to use when applying for a cremation permit
under par. (a). The department shall include in the form a place for a coroner or
medical examiner to state that he or she has viewed the corpse that is the subject of
the permit and made personal inquiry into the cause and manner of death under sub.
(2) and is of the opinion that no further examination or judicial inquiry is necessary.
SECTION 2. 979.10 (1) (am) of the statutes is created to read:
979.10 (1) (am) If the coroner or medical examiner of a county requires
applicants for cremation permits to use an application form to apply for a cremation
permit, a person who applies for a cremation permit in that county shall use the
cremation permit application form designed under par. (ae) to apply for the
cremation permit.
SECTION 3. 979.10 (1) (as) of the statutes is created to read:
979.10 (1) (as) Once completed by a coroner or medical examiner, the cremation
permit application form designed under par. (ae) may constitute a cremation permit
issued under par. (a) if authorized by the coroner or medical examiner of the county
in which the cremation permit is issued.
SECTION 4. 979.10 (1) (b) of the statutes is amended to read:
979.10 (1) (b) A coroner or medical examiner shall include in any cremation
permit issued under par. (a) a statement that he or she has viewed the corpse which
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SECTION 4
ASSEMBLY BILL 443
that is the subject of the permit and made personal inquiry into the cause and
manner of death under sub. (2) and is of the opinion that no further examination or
judicial inquiry is necessary. Unless further examination or judicial inquiry is
necessary, a coroner or medical examiner shall issue a cremation permit under par.
(a) within 24 hours of viewing the corpse or submission of the medical certification
under s. 69.18 (2), whichever is later.
SECTION 5.0Nonstatutory provisions.
(1) The department of health services shall determine when the department
completes the design of the cremation permit application form under S. 979.10 (1) (ae)
and shall notify the legislative reference bureau of that date. The legislative
reference bureau shall publish a notice in the Wisconsin Administrative Register
that specifies the date the design of the form is complete.
SECTION 6.0Initial applicability.
(1) The treatment of s. 979.10 (1) (ae), (am), and (as) first applies to a death or
the discovery of a death that occurs on the effective date of this subsection.
(2) The treatment of s. 979.10 (1) (b) first applies to a death or the discovery of
a death that occurs on the effective date of this subsection.
SECTION 7.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of s. 979.10 (1) (ae), (am), and (as) and SECTION 6 (1) of this
act take effect on the date specified in the notice published in the Wisconsin
Administrative Register under SECTION 5 (1) of this act.
(END)
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