AB326: Bill Text

LRB-2455/1

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2003 - 2004 LEGISLATURE

2003 Assembly BILL 326

May 13, 2003 - Introduced by Representatives M. Lehman, Olsen, J. Lehman, Vrakas, Staskunas, Freese, Rhoades, Pettis, Nass, Hines, Ladwig, Hahn, F. Lasee, Hundertmark, Van Roy, Friske, Bies, Weber, Gunderson, Montgomery, Musser, McCormick, LeMahieu, Krawczyk and Jensen, cosponsored by Senators Kanavas, Lazich, Roessler, Wirch, Leibham, M. Meyer, Breske and Schultz. Referred to Committee on Small Business.

AB326,1,3 An Act to amend 69.30 (2); and to create 69.30 (1) (bd) and 69.30 (1) (bh) of the statutes; relating to: allowing funeral directors and operators of funeral establishments to copy vital records.

Analysis by the Legislative Reference Bureau

Under current law, under certain circumstances, funeral directors and persons who operate funeral establishments are allowed to sell funeral services and merchandise that are purchased with trust funds or the proceeds of life insurance policies that are made available to the seller upon the death of the purchaser. A copy of a death certificate may be required to make the trust funds or life insurance proceeds available to the seller. However, current law also prohibits, with certain exceptions, a person from copying a vital record, including a death certificate. One of the exceptions to the prohibition applies to financial institutions and other specified entities that copy vital records for administrative uses.

This bill expands the exception for administrative uses so that it also applies to funeral directors and persons who operate funeral establishments.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB326, s. 1 Section 1. 69.30 (1) (bd) of the statutes is created to read:

AB326,1,5 69.30 (1) (bd) "Funeral director" has the meaning given in s. 445.01 (5).

AB326, s. 2 Section 2. 69.30 (1) (bh) of the statutes is created to read:

AB326,2,3 69.30 (1) (bh) "Operator of a funeral establishment" has the meaning given in s. 445.01 (7).

AB326, s. 3 Section 3. 69.30 (2) of the statutes is amended to read:

AB326,2,13 69.30 (2) A financial institution, funeral director, operator of a funeral establishment, state agency, county department, Wisconsin works agency, service office, or family care district, or an employee of a financial institution, funeral director, operator of a funeral establishment, state agency, county department, Wisconsin works agency, service office, or family care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, funeral director, operator of a funeral establishment, state agency, county department, Wisconsin works agency, service office, or family care district, including use under s. 45.36 (4m), if the copy is marked "FOR ADMINISTRATIVE USE".

AB326,2,14 (End)