Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB443 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 443
5	5	September 28, 2023 - Introduced by Representatives PENTERMAN, GUSTAFSON,
6	6	BORN, GUNDRUM, MURSAU, NOVAK, OHNSTAD, SNODGRASS, STUBBS, TUSLER,
7	7	VANDERMEER and M YERS, cosponsored by Senators B ALLWEG,
8	8	CABRAL-GUEVARA, FELZKOWSKI, L. JOHNSON and TESTIN. Referred to Committee
9	9	on Health, Aging and Long-Term Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 979.10 (1) (b); and to create 979.10 (1) (ae), 979.10 (1) (am)
12	12	and 979.10 (1) (as) of the statutes; relating to: creation of a cremation permit
13	13	application form.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits cremation of a human corpse without a cremation permit
16	16	issued by a coroner or medical examiner (CME). Current law does not require the
17	17	use of any specific form for applying for a cremation permit or for the cremation
18	18	permit itself. This bill requires the Department of Health Services to design a
19	19	cremation permit application form. If the CME of a county requires applicants for
20	20	a cremation permit to apply using an application form, a person applying for a
21	21	cremation permit in that county must use the cremation permit application form
22	22	designed by DHS under this bill. The bill provides that the cremation permit
23	23	application form may be used also as a cremation permit if authorized by the CME
24	24	of the county in which the cremation permit is issued.
25	25	In addition, the bill requires a CME to issue a cremation permit within 24 hours
26	26	of viewing a corpse or the submission of a medical certification, whichever is later.
27	27	However, this 24-hour deadline does not apply if a CME has determined that further
28	28	examination or judicial inquiry into the death is necessary.
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31	31	3 - 2 -2023 - 2024 Legislature LRB-4206/1
32	32	KMS:wlj&klm
33	33	ASSEMBLY BILL 443
34	34	For further information see the state fiscal estimate, which will be printed as
35	35	an appendix to this bill.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 979.10 (1) (ae) of the statutes is created to read:
39	39	979.10 (1) (ae) The department of health services shall design a cremation
40	40	permit application form for a person to use when applying for a cremation permit
41	41	under par. (a). The department shall include in the form a place for a coroner or
42	42	medical examiner to state that he or she has viewed the corpse that is the subject of
43	43	the permit and made personal inquiry into the cause and manner of death under sub.
44	44	(2) and is of the opinion that no further examination or judicial inquiry is necessary.
45	45	SECTION 2. 979.10 (1) (am) of the statutes is created to read:
46	46	979.10 (1) (am) If the coroner or medical examiner of a county requires
47	47	applicants for cremation permits to use an application form to apply for a cremation
48	48	permit, a person who applies for a cremation permit in that county shall use the
49	49	cremation permit application form designed under par. (ae) to apply for the
50	50	cremation permit.
51	51	SECTION 3. 979.10 (1) (as) of the statutes is created to read:
52	52	979.10 (1) (as) Once completed by a coroner or medical examiner, the cremation
53	53	permit application form designed under par. (ae) may constitute a cremation permit
54	54	issued under par. (a) if authorized by the coroner or medical examiner of the county
55	55	in which the cremation permit is issued.
56	56	SECTION 4. 979.10 (1) (b) of the statutes is amended to read:
57	57	979.10 (1) (b) A coroner or medical examiner shall include in any cremation
58	58	permit issued under par. (a) a statement that he or she has viewed the corpse which
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82	82	SECTION 4
83	83	ASSEMBLY BILL 443
84	84	that is the subject of the permit and made personal inquiry into the cause and
85	85	manner of death under sub. (2) and is of the opinion that no further examination or
86	86	judicial inquiry is necessary. Unless further examination or judicial inquiry is
87	87	necessary, a coroner or medical examiner shall issue a cremation permit under par.
88	88	(a) within 24 hours of viewing the corpse or submission of the medical certification
89	89	under s. 69.18 (2), whichever is later.
90	90	SECTION 5.0Nonstatutory provisions.
91	91	(1) The department of health services shall determine when the department
92	92	completes the design of the cremation permit application form under S. 979.10 (1) (ae)
93	93	and shall notify the legislative reference bureau of that date. The legislative
94	94	reference bureau shall publish a notice in the Wisconsin Administrative Register
95	95	that specifies the date the design of the form is complete.
96	96	SECTION 6.0Initial applicability.
97	97	(1) The treatment of s. 979.10 (1) (ae), (am), and (as) first applies to a death or
98	98	the discovery of a death that occurs on the effective date of this subsection.
99	99	(2) The treatment of s. 979.10 (1) (b) first applies to a death or the discovery of
100	100	a death that occurs on the effective date of this subsection.
101	101	SECTION 7.0Effective dates. This act takes effect on the day after publication,
102	102	except as follows:
103	103	(1) The treatment of s. 979.10 (1) (ae), (am), and (as) and SECTION 6 (1) of this
104	104	act take effect on the date specified in the notice published in the Wisconsin
105	105	Administrative Register under SECTION 5 (1) of this act.
106	106	(END)
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