Amendment SA1-AB895

LRBa5263/1

JEO/MDK:kg/md:dw

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 1, To 1995 ASSEMBLY BILL 895

May 8, 1996 - Offered by Senator Welch.

AB895-SA1,1,1 At the locations indicated, amend the bill as follows:

AB895-SA1,1,2 1. Page 2, line 1: before that line insert:

AB895-SA1,1,3 " Section 1g. 69.18 (3) (f) of the statutes is amended to read:

AB895-SA1,1,8 69.18 (3) (f) Every person in charge of a place in which interment or other disposition of corpses occurs shall maintain a written record of every corpse interred there. The Except as provided in s. 157.112 (2), the record shall include the name of the decedent, the place of death, the date of burial and the name and address of the funeral director or other person in charge of the funeral.".

AB895-SA1,1,9 2. Page 2, line 1: delete " Section 1" and substitute "Section 1r".

AB895-SA1,1,10 3. Page 2, line 4: after "157.112" insert "(1)".

AB895-SA1,1,12 4. Page 2, line 7: delete the material beginning with that line and ending with page 3, line 22, as affected by assembly amendments 1 and 2, and substitute:

AB895-SA1,2,3 "157.112 Reburial of certain human remains by a cemetery authority. (1) Reburial to correct an error. (a) In this subsection, "rebury" means to disentomb, disinurn or disinter human remains that are buried in a cemetery and reentomb, reinurn or reinter the human remains in another grave, mausoleum space or other place used or intended to be used for the burial of human remains that is located in the same cemetery.

AB895-SA1,2,6 (b) A cemetery authority may rebury human remains that are buried in a cemetery owned or operated by the cemetery authority for the purpose of correcting an error made by the cemetery authority in the burial of those human remains.

AB895-SA1,2,9 (c) A cemetery authority may rebury human remains under par. (b) without first obtaining an authorization under s. 69.18 (4) (a), but the cemetery authority shall do all of the following:

AB895-SA1,2,12 1. No later than 30 days after reburying human remains under par. (b), provide written notice of the reburial to the coroner or medical examiner of the county in which the reburial occurs.

AB895-SA1,2,13 2. Notify one of the following by registered mail of the reburial:

AB895-SA1,2,14 a. The decedent's spouse.

AB895-SA1,2,16 b. If the person specified in subd. 2. a. is not available, an adult son or daughter of the decedent.

AB895-SA1,2,18 c. If the persons specified in subd. 2. a. and b. are not available, either parent of the decedent.

AB895-SA1,2,20 d. If the persons specified in subd. 2. a., b. and c. are not available, an adult brother or sister of the decedent.

AB895-SA1,2,24 (cm) If none of the persons specified in par. (c) 2. a. to d. is available for notification under par. (c) 2., the cemetery authority shall maintain a record of its attempt to provide notification under par. (c) 2. for not less than 10 years from the date of the reburial of the human remains under par. (b).

AB895-SA1,3,12 (2) Reburial of certain erroneously disinterred human remains. If a cemetery authority erroneously disentombs, disinurns or disinters, from a grave that is located in a cemetery owned or operated by the cemetery authority, unknown human remains for which there is no record of burial under s. 69.18 (3) (f), the cemetery authority shall reentomb, reinurn or reinter the human remains as close as possible to the place from which the human remains were disentombed, disinurned or disinterred and shall make a written record of the reburial under s. 69.18 (3) (f) that includes the date and place of reburial and any other information concerning the human remains that the cemetery authority is able to ascertain. The cemetery authority shall notify the burial sites preservation board of the reburial and shall provide a copy of the written record made under this subsection to the burial sites preservation board.

AB895-SA1,3,16 (3) Immunity. (a) A cemetery authority is immune from civil liability for any error that is corrected by a reburial of human remains under sub. (1) (b). The immunity under this paragraph does not apply if the error was the result of reckless, wanton or intentional misconduct.

AB895-SA1,3,22 (am) A cemetery authority is immune from civil liability for any erroneous disentombment, disinurnment or disinterment of human remains under the circumstances specified in sub. (2) if the cemetery authority reentombs, reinurns or reinters the human remains as required under sub. (2). The immunity under this paragraph does not apply if the erroneous disentombment, disinurnment or disinterment was the result of reckless, wanton or intentional misconduct.".

AB895-SA1,3,23 5. Page 3, line 25: after " 157.112" insert "(1)".

AB895-SA1,3,24 6. Page 4, line 4: after that line insert:

AB895-SA1,4,1 " Section 4m. 157.70 (3) (a) of the statutes is amended to read:

AB895-SA1,4,6 157.70 (3) (a) Except as provided under s. ss. 157.112 and 979.01, a person shall immediately notify the director if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed contrary to the requirements of subs. (4) and (5).".

AB895-SA1,4,7 7. Page 4, line 7: delete "(2)".

AB895-SA1,4,8 (End)