AB530: Bill Text

AB530,12,25 69.18 (3) (a) Except as provided under par. (c) or (e), the person who has moved a corpse under sub. (1) (a) shall complete a report for final disposition, on a form supplied by the state registrar, and, within 24 hours after being notified of the death, mail or present a copy of the report to the coroner or medical examiner in the county of the place of death and mail or present a copy to the local registrar in the registration district of the place of death. If the cause of death is subject to an investigation must be reported to a coroner or medical examiner under s. 979.01 or 979.03, the report for final disposition shall be submitted to the coroner or medical examiner in the county in which the event which caused the death occurred.

AB530,13 Section 13. 69.18 (3) (b) of the statutes is amended to read:

AB530,13,6 69.18 (3) (b) If a medical certification for a corpse is required under sub. (2) (d), no person may embalm the corpse or effect its final disposition without satisfying the requirements for a report under par. (a) and without obtaining the written permission of the person required to complete the medical certification under sub. (2) (d) an authorization to embalm or dispose of a body under s. 979.105.

AB530,14 Section 14. 69.18 (3) (d) of the statutes is amended to read:

AB530,13,15 69.18 (3) (d) No person may remove a corpse from this state if the place of death was in this state unless the corpse is accompanied by a copy of the report for final disposition. If a medical certification is required for the corpse under sub. (2) (d), the corpse must be accompanied by the report and the written permission of the coroner or medical examiner to embalm and effect final disposition an authorization to embalm or dispose of a body under s. 979.105. No person may remove a stillbirth from this state if the delivery of the stillbirth was in this state unless the stillbirth is accompanied by a report for final disposition.

AB530,15 Section 15. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and amended to read:

AB530,14,2 69.18 (4) (c) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue an authorization a permit for disinterment and reinterment upon receipt of an order of a court of competent jurisdiction or upon receipt of a written application for disinterment and reinterment signed by the person in charge of the disinterment and by any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of application, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class:.

AB530,16 Section 16. 69.18 (4) (a) 1g. to 6. of the statutes are renumbered 69.18 (4) (am) 1g. to 6.

AB530,17 Section 17. 69.18 (4) (am) (intro.) of the statutes is created to read:

AB530,14,8 69.18 (4) (am) (intro.) In this subsection, "representative of the decedent" means any member of the following classes of individuals, in the order of priority listed:

AB530,18 Section 18. 69.18 (4) (b) of the statutes is created to read:

AB530,14,12 69.18 (4) (b) Except as provided in s. 157.112 (3), no person may disinter a human corpse from a grave or tomb without first obtaining a disinterment permit under par. (c) or (d).

AB530,19 Section 19. 69.18 (4) (bm) of the statutes is repealed.

AB530,20 Section 20. 69.18 (4) (d) of the statutes is created to read:

AB530,14,19 69.18 (4) (d) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse is interred shall issue a disinterment permit upon receipt of a written application for disinterment that is made and signed by a representative of the decedent and signed by the person in charge of disinterment if all of the following apply:

AB530,14,21 1. No representative of the decedent who is a member of a prior class under par. (am) is available at the time the application is made.

AB530,14,23 2. The coroner or medical examiner does not have actual notice that the decedent would have opposed the disinterment.

AB530,15,3 3. The coroner or medical examiner does not have actual notice of opposition to disinterment by a representative of the decedent who is a member of the same or a prior class under par. (am) as the applicant.

AB530,15,5 4. The applicant provides proof of intent to cremate the decedent's corpse or to lawfully inter the decedent's corpse in a specified burial place.

AB530,21 Section 21. 69.18 (4) (e) of the statutes is created to read:

AB530,15,8 69.18 (4) (e) No person may cremate a corpse disinterred under this subsection without obtaining a cremation release under s. 979.10 (1) (ag).

AB530,22 Section 22. 69.18 (4) (f) of the statutes is created to read:

AB530,15,12 69.18 (4) (f) Except as provided in s. 157.112 (3), no person may disinter a decedent's cremated remains from a cemetery unless all of the following conditions are satisfied:

AB530,15,13 1. The cemetery authority, or its designee, consents to disinterment.

AB530,15,16 2. A representative of the decedent consents to disinterment and no other representative of the decedent who is a member of the same or a prior class under par. (am) objects to disinterment.

AB530,23 Section 23. 69.20 (2) (a) 2. of the statutes is amended to read:

AB530,15,20 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s. 69.18 (4) (a) (am) 1g. to 6. or an individual who is authorized in writing by one of the persons.

AB530,24 Section 24. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered 157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are amended to read:

AB530,16,3 157.02 (1m) (b) Time allowed relative to act. If a relative or friend fails to arrange for taking charge of the corpse within a reasonable time after death, the superintendent or other officer may proceed as provided in this section subsection, but relatives or friends may claim the corpse at any time before it has been delivered pursuant to sub. (3) par. (c).

AB530,16,5 (e) Other disposition. If the corpse is not disposed of under subs. (1) to (4) pars. (a) to (d), the superintendent or public officer shall properly bury it.

AB530,25 Section 25. 157.02 (1m) (title) of the statutes is created to read:

AB530,16,7 157.02 (1m) (title) Disposition of inmate's remains.

AB530,26 Section 26. 157.02 (2m) of the statutes is created to read:

AB530,16,18 157.02 (2m) Disposition of other unclaimed remains. (a) If a person, other than a person who has responsibility to dispose of a corpse under sub. (1m), has the corpse of a deceased individual and cannot by exercise of reasonable effort locate a representative of the deceased, as defined in s. 979.001 (8), or a representative of the deceased refuses to claim the corpse for disposition, the person shall notify the coroner or medical examiner in the county of residence of the deceased, and the coroner or medical examiner shall take custody of the corpse and cause the corpse to be decently buried or cremated. The county shall pay costs of burial or cremation under this paragraph with funds other than funds appropriated for the operation of the coroner's or medical examiner's office.

AB530,16,21 (b) A coroner or medical examiner is immune from civil liability for his or her choice of method for disposing of an unidentified corpse under this subsection if the coroner or medical examiner made reasonable efforts to identify the corpse.

AB530,16,25 (c) A coroner or medical examiner is immune from civil liability for his or her choice of method for disposing of an unclaimed corpse under this subsection if the coroner or medical examiner made reasonable efforts to notify a representative of the deceased, as defined in s. 979.001 (8), of the disposal of the corpse.

AB530,27 Section 27. 157.03 (1) of the statutes is amended to read:

AB530,17,6 157.03 (1) The corpse of a person who died with smallpox, diphtheria, or scarlet fever, or who in his or her last sickness shall request to be buried or cremated, and of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02 (3) (1m) (c), and no person having charge of a corpse authorized to be so disposed of shall sell or deliver it to be used outside the state.

AB530,28 Section 28. 157.03 (2) of the statutes is amended to read:

AB530,17,11 157.03 (2) Upon receipt of the corpse by a university or school pursuant to s. 157.02 (3) (1m) (c) it shall be properly embalmed and retained for 3 months before being used or dismembered and shall be delivered to any relative claiming it upon satisfactory proof of relationship.

AB530,29 Section 29. 157.055 (2) (intro.) of the statutes is amended to read:

AB530,17,17 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.025 (2), 979.027, 979.10, and 979.105, and subch. VII of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 323.10, a public health authority may do all of the following:

AB530,30 Section 30. 157.112 (3) (intro.) of the statutes is amended to read:

AB530,17,21 157.112 (3) (intro.) A cemetery authority may rebury human remains under sub. (2) without first obtaining an authorization complying with the conditions under s. 69.18 (4), but the cemetery authority shall do all of the following:

AB530,31 Section 31. 157.70 (3) (a) of the statutes is amended to read:

AB530,18,2 157.70 (3) (a) Except as provided under s. 979.01, a 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).

AB530,32 Section 32. 346.71 (1) of the statutes is amended to read:

AB530,18,15 346.71 (1) Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing any accident involving a motor vehicle occurring within the coroner's or medical examiner's jurisdiction resulting in the death of any person during the preceding calendar month. If the accident involved an all-terrain vehicle or utility terrain vehicle, the report shall be made to the department of natural resources and shall include the information specified by that department. If the accident involved any other motor vehicle, the report shall be made to the department and shall include the information specified by the department. The coroner or medical examiner of the county where the death occurs, if the accident occurred in another jurisdiction, shall, immediately upon learning of the death, report it to the coroner or medical examiner of the county where the accident occurred, as provided in s. 979.01 (1).

AB530,33 Section 33. 346.71 (2) of the statutes is amended to read:

AB530,19,15 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release an authorization from the a coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) 979.105 prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle or utility terrain vehicle, the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB530,34 Section 34. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB530,19,20 440.03 (9) (a) Subject to pars. (b) and (c) and except as provided in par. (bm), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

AB530,35 Section 35. 440.03 (9) (bm) of the statutes is created to read:

AB530,19,24 440.03 (9) (bm) The medicolegal investigation examining board may determine the amount of any fees imposed for licenses issued under s. 463.10, in accordance with s. 463.05 (2) (a).

AB530,36 Section 36. 440.03 (13) (b) 38m. of the statutes is created to read:

AB530,20,1 440.03 (13) (b) 38m. Medicolegal investigator.

AB530,37 Section 37. 440.05 (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB530,20,6 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), and 463.05 (2) (a):

AB530,38 Section 38. 440.08 (2) (a) 46t. of the statutes is created to read:

AB530,20,9 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2015, and every 4 years thereafter.

AB530,39 Section 39. 440.78 (1) (b) of the statutes is amended to read:

AB530,20,12 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1) (a) (ag).

AB530,40 Section 40. Chapter 463 of the statutes is created to read:

AB530,20,15 chapter 463 medicolegal investigation

AB530,20,16 463.01 Definitions. In this chapter:

AB530,20,17 (1) "Board" means the medicolegal investigation examining board.

AB530,20,19 (2) "Medical examiner" means a nonphysician medical examiner or a physician medical examiner.

AB530,20,24 (3) "Medicolegal investigation staff member" includes a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any individual who assists the office of a coroner or medical examiner with an investigation of a death. "Medicolegal investigation staff member" does not include an individual performing solely administrative functions in the office of a coroner or medical examiner.

AB530,21,2 (4) "Nonphysician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is not a physician.

AB530,21,3 (5) "Physician" has the meaning given in s. 448.01 (5).

AB530,21,5 (6) "Physician medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who is a physician.

AB530,21,7 463.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

AB530,21,10 (a) Promulgate rules specifying standards and curricula for the training and education requirements to be satisfied by individuals who seek or possess a license in medicolegal investigation.

AB530,21,12 (b) Coordinate and provide, on a regional basis, the training and education described in s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,13 (c) Monitor compliance with the licensure requirements under this chapter.

AB530,21,16 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 463.10 (3) and (4) (a) 1. and (b) 2.

AB530,21,18 (e) If a license issued under s. 463.10 is not renewed, do any of the following that is applicable with respect to the holder of the license:

AB530,21,21 1. If the holder of the license is a coroner, send a statement to the governor recommending removal of the coroner from office because of the coroner's failure to renew the license.

AB530,22,2 2. If the holder of the license is a nonphysician medical examiner, send a statement to the county board or county executive, if applicable, of any county in which the individual serves recommending dismissal of the nonphysician medical examiner because of the nonphysician medical examiner's failure to renew the license.

AB530,22,5 3. If the holder of the license is a medicolegal investigation staff member, send a notice to the office in which the individual works notifying the coroner or medical examiner of the staff member's failure to renew the license.

AB530,22,6 (2) Powers. The board may do any of the following:

AB530,22,10 (a) Impose fees for initial licenses or for license renewals under s. 463.10 (2) and (4). If the board imposes any fee under this paragraph, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

AB530,22,12 (b) Impose a fee for the receipt of training and education provided under sub. (1) (b).

AB530,22,14 (c) Promulgate and enforce any rules not inconsistent with this chapter to enforce this chapter.

AB530,22,19 463.10 License required; requirements to maintain license. (1) License required. (a) Except as provided in par. (b), no person may perform a death investigation or perform the functions of a coroner, medical examiner, or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

AB530,22,21 (b) A physician medical examiner is not required to have a license in medicolegal investigation issued under this section.

AB530,22,23 (2) Issuing of licenses. (a) Initial license. The board shall issue a license in medicolegal investigation to an individual if all of the following are satisfied:

AB530,23,3 1. The individual is elected as a coroner, is appointed to fill a vacancy as a coroner, is appointed as a nonphysician medical examiner, or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

AB530,23,4 2. The individual pays any fee imposed by the board under s. 463.05 (2) (a).