AB867-ASA1,26,1816
979.10
(1) (ag) 1. The coroner or medical examiner in the county where the
17death
occurred was pronounced if the death
occurred was pronounced in this state
; 18and the death was not subject to an investigation under s. 979.01.
AB867-ASA1,26,2219
2. The coroner or medical examiner
in the county where the event which caused
20the death occurred if the death occurred in this state and
who investigated the death 21if the death
was pronounced in this state and is
the subject
of to an investigation
22under s. 979.01
; or.
AB867-ASA1,27,223
3. The coroner or medical examiner of the county where the
corpse body is to
24be cremated if the death
occurred was pronounced outside this state.
A cremation
1permit issued under this subdivision may not be used in any county except the county
2in which the cremation permit is issued.
AB867-ASA1,50
3Section
50. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:
AB867-ASA1,27,54
979.10
(1) (a) 1m. The person determines that the body must be cremated
5immediately to effectively contain the disease.
AB867-ASA1,27,76
2m. A public health authority orders sooner disposal of the body under s.
7157.055 (2) (c) during a state of emergency related to public health.
AB867-ASA1,51
8Section
51. 979.10 (1) (b) of the statutes is amended to read:
AB867-ASA1,27,149
979.10
(1) (b) A coroner or medical examiner shall include in any cremation
10permit issued under par.
(a) (ag) a statement that he or she has viewed the
corpse 11body which is the subject of the permit and made personal inquiry into the cause and
12manner of death under sub. (2) and is of the opinion that no further examination or
13judicial inquiry is necessary.
The permit shall also specify the earliest date and time
14that the cremation may occur.
AB867-ASA1,52
15Section
52. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended
16to read:
AB867-ASA1,27,20
17157.113 Permission to place cremated human remains in cemetery. No
18person may deposit any cremated
human remains
of a corpse in
any a cemetery
,
19including in the casket of another person, without the permission of the
person who
20owns or is in charge of the cemetery cemetery authority.
AB867-ASA1,53
21Section
53. 979.10 (2) of the statutes is amended to read:
AB867-ASA1,28,622
979.10
(2) If a
corpse
body is to be cremated, the coroner or medical examiner
23shall make a careful personal inquiry into the cause and manner of death, and
24conduct an autopsy or order the conducting of an autopsy, if in his or her or the district
25attorney's opinion it is necessary to determine the cause and manner of death. If the
1coroner or medical examiner determines that no further examination or judicial
2inquiry is necessary
, he or she shall certify that fact. Upon written request by the
3district attorney the coroner or medical examiner shall obtain the concurrence of the
4district attorney before issuing the certification. If the coroner or medical examiner
5determines that further examination or judicial inquiry is necessary, he or she shall
6notify the district attorney under s. 979.04 (2).
AB867-ASA1,54
7Section
54. 979.10 (3) of the statutes is repealed.
AB867-ASA1,55
8Section
55. 979.10 (4) of the statutes is amended to read:
AB867-ASA1,28,139
979.10
(4) Whoever accepts, receives, or takes any
corpse body of a deceased
10person with intent to destroy the
corpse
body by means of cremation, or who cremates
11or aids and assists in the cremation of any
corpse
body of a deceased person without
12having presented the permit specified in sub. (1)
(ag), shall be fined not more than
13$10,000 or imprisoned not more than 9 months or both.
AB867-ASA1,56
14Section
56. 979.22 of the statutes is amended to read:
AB867-ASA1,28,20
15979.22 Autopsies
Fees for other autopsy and toxicological services by
16coroners or medical examiners. A
coroner or medical examiner may perform
17autopsies and toxicological services not required under this chapter and may charge
18a fee established by the county board for such autopsies and services. The fee may
19not exceed an amount reasonably related to the actual and necessary cost of
20providing the service
and autopsy.
AB867-ASA1,28,2522
(1)
Examining board; initial terms. Notwithstanding the length of terms
23specified for the members of the medicolegal investigation examining board under
24section 15.405 (18) of the statutes, as created by this act, initial appointments to the
25medicolegal investigation examining board shall be made as follows:
AB867-ASA1,29,4
1(a) The members under section 15.405 (18) (a) of the statutes, as created by this
2act, the member under section 15.405 (18) (c) of the statutes, as created by this act,
3and the member under section 15.405 (18) (e) of the statutes, as created by this act,
4shall be appointed for terms expiring on July 1, 2016.
AB867-ASA1,29,85
(b) The members under section 15.405 (18) (am) of the statutes, as created by
6this act, the member under section 15.405 (18) (d) of the statutes, as created by this
7act, and the member under section 15.405 (18) (g) of the statutes, as created by this
8act, shall be appointed for terms expiring on July 1, 2018.
AB867-ASA1,29,119
(c) The members under section 15.405 (18) (b) of the statutes, as created by this
10act, and the member under section 15.405 (18) (i) of the statutes, as created by this
11act, shall be appointed for terms expiring on July 1, 2020.
AB867-ASA1,29,1212
(2)
Examining board; provisional appointments.
AB867-ASA1,29,2113
(a)
Notwithstanding section 15.08 (1) of the statutes, the governor may
14provisionally appoint initial members of the medicolegal investigation examining
15board under section 15.405 (18) of the statutes, as created by this act. Those
16provisional appointments remain in force until withdrawn by the governor or acted
17upon by the senate, and if confirmed by the senate shall continue for the remainder
18of the unexpired term, if any, of the member and until a successor is chosen and
19qualifies. A provisional appointee may exercise all the powers and duties of board
20membership to which the person is appointed during the time in which the appointee
21qualifies.
AB867-ASA1,30,222
(b)
A provisional appointment made under paragraph (a
) that is withdrawn by
23the governor lapses upon withdrawal and creates a vacancy for provisional
24appointment of another initial member of the medicolegal investigation examining
25board. Any provisional appointment made under paragraph (a) that is rejected by
1the senate lapses upon rejection and creates a vacancy for nomination and
2appointment under section 15.08 (1) of the statutes of another initial board member.
AB867-ASA1,30,133
(3)
Examining board; emergency rule authority. The medicolegal
4investigation examining board may promulgate emergency rules under section
5227.24 of the statutes as required under section 465.05 (1) (a) of the statutes, as
6created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes,
7emergency rules promulgated under this subsection remain in effect for one year, or
8until the date on which permanent rules take effect, whichever is sooner.
9Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the medicolegal
10investigation examining board is not required to provide evidence that promulgating
11a rule under this subsection as an emergency rule is necessary for the preservation
12of the public peace, health, safety, or welfare and is not required to provide a finding
13of emergency for a rule promulgated under this subsection.
AB867-ASA1,30,2315
(1)
Death investigations; authorization to embalm or dispose of a body;
16cremation permit; disposition of bodies. The treatment of sections 69.01 (12), 69.18
17(2) (d) 1., 2., and 3., and (3) (a), (b), and (d), 157.02 (1), (1m) (title), (2), (2m), (3), (4),
18and (5), 157.03 (1) and (2), 157.055 (2) (intro.), 346.71 (2), 440.78 (1) (b), 979.01 (1p),
19(1r), and (4), 979.025 (2) and (3), 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2.,
202m., and 3., (b), and (c), (2), (3), and (4), and 979.22 of the statutes, the renumbering
21and amendment of section 979.01 (1m) of the statutes, and the creation of section
22979.01 (1m) (b) of the statutes first apply to deaths occurring on the effective date of
23this subsection.
AB867-ASA1,31,3
1(2)
Disinterment permits. The treatment of sections 69.18 (4) (a) (intro.) and
21g. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) and 157.112 (3) (intro.) of the statutes
3first applies to disinterments performed on the effective date of this subsection.
AB867-ASA1,59
4Section
59.
Effective dates. This act takes effect on the day after publication,
5except as follows:
AB867-ASA1,31,96
(1)
The treatment of sections 440.03 (9) (a) (intro.) and (bm) and (13) (b) 38d.,
7440.05 (intro.), 440.08 (2) (a) 46t., 465.05 (1) (b), (c), (dm), and (e) and (2) (a), 465.10,
8and 465.15 of the statutes takes effect on the first day of the 13th month beginning
9after publication.