Wisconsin 2023 2023-2024 Regular Session

Wisconsin Senate Bill SB440 Comm Sub / Analysis

                    Wisconsin Legislative Council 
ACT MEMO 
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc 
Prepared by: Steve McCarthy, Senior Staff Attorney 	December 14, 2023 
2023 Wisconsin Act 84 
[2023 Senate Bill 440] 
Cremation Permit Application 
Form 
2023 WISCONSIN ACT 84 
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.  
The act requires the Department of Health Services (DHS) 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 the act. The act provides that the completed cremation permit 
application form may also constitute a cremation permit if authorized by the CME of the county in 
which the cremation permit is issued.  
In addition, the act 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. 
Effective date: December 8, 2023, except that the act’s provisions relating to the creation and use of 
the cremation permit application form take effect only once DHS completes design of the form and 
publishes a notice in the Wisconsin Administrative Register that specifies the date the design of the 
form is complete. 
For a full history of the bill, visit the Legislature’s bill history page. 
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