LRB-0906/2
DAK:jld:rs
2005 - 2006 LEGISLATURE
March 3, 2005 - Introduced by Representatives Staskunas, Gielow, Hahn,
Pope-Roberts, Berceau, Lehman, Wasserman, F. Lasee, Townsend, Albers,
Ainsworth and Sheridan, cosponsored by Senators Plale, Miller, Hansen
and Erpenbach. Referred to Committee on Health.
AB168,1,3
1An Act to amend 157.06 (2) (h) of the statutes;
relating to: prohibiting certain
2persons from refusing to honor, or from attempting to avoid honoring, a
3document of gift for donation of an anatomical gift and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an individual who is at least 18 years of age may make an
anatomical gift (the donation of all or part of his or her body, to take effect after death)
by means of a document of gift (a card, a statement attached to or imprinted on an
operator's license, an identification card issued by the Department of
Transportation, a will, or another writing). An anatomical gift that is not revoked
by the donor before death is irrevocable and does not require the consent or
concurrence of any person after the donor's death.
This bill prohibits a donor's family member, guardian, agent under a health
care power of attorney or a financial power of attorney, or the personal representative
for his or her estate from refusing to honor the donor's document of gift or seeking
to avoid honoring the donor's document of gift.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB168, s. 1
4Section
1. 157.06 (2) (h) of the statutes is amended to read:
AB168,2,6
1157.06
(2) (h) An anatomical gift that is not revoked by the donor before death
2is irrevocable and does not require the consent or concurrence of any person after the
3donor's death.
No family member or guardian of the donor, no agent under the
4donor's power of attorney for health care or financial power of attorney, and no
5personal representative for the estate of a donor may refuse to honor the donor's
6document of gift or attempt to avoid honoring the donor's document of gift.
