AB867: Bill Text

AB867,43,4 3. The coroner or medical examiner of the county where the corpse body is to be cremated if the death occurred was pronounced outside this state. A cremation permit issued under this subdivision may not be used in any county except the county in which the cremation permit is issued.

AB867,72 Section 72. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB867,43,7 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB867,43,9 2m. A public health authority orders sooner disposal of the body under s. 157.055 (2) (c) during a state of emergency related to public health.

AB867,73 Section 73. 979.10 (1) (b) of the statutes is amended to read:

AB867,43,16 979.10 (1) (b) A coroner or medical examiner shall include in any cremation permit release issued under par. (a) (ag) a statement that he or she has viewed the corpse body which is the subject of the permit release and made personal inquiry into the cause and manner of death under sub. (2) and is of the opinion that no further examination or judicial inquiry is necessary. The release shall also specify the earliest date and time that the cremation may occur.

AB867,74 Section 74. 979.10 (1) (c) of the statutes is renumbered 157.113 and amended to read:

AB867,43,21 157.113 Permission required to deposit cremated remains in cemetery. No person may deposit any cremated remains of a corpse in any cemetery without the permission of the person who owns or is in charge of the cemetery authority.

AB867,75 Section 75. 979.10 (1) (d) of the statutes is created to read:

AB867,44,6 979.10 (1) (d) If the medical certification of the cause and manner of death of a deceased is completed by a physician under s. 69.18 (2) (b) or (c), the coroner or medical examiner shall review the medical certification before issuing a cremation release for the deceased. It is not a violation of s. 69.24 for a coroner or medical examiner to make or receive a copy of a death certificate, that has not been filed under s. 69.18 (1), for purposes of this paragraph. A coroner or medical examiner may not release such a copy of a death certificate to any other person or use the copy for a purpose other than complying with the review requirement under this paragraph.

AB867,76 Section 76. 979.10 (2) of the statutes is amended to read:

AB867,44,21 979.10 (2) If a corpse is to be cremated person requests a cremation release, the coroner or medical examiner shall view the body, make a careful personal inquiry into the cause and manner of death, and conduct an autopsy or order the conducting of an autopsy, if in his or her or the coroner, medical examiner, or district attorney's opinion attorney determines that it is necessary to determine the cause and manner of death, perform or order an autopsy performed on the body. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary, he or she shall certify that fact and issue a cremation release. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification cremation release. If the coroner or medical examiner determines that further examination or judicial inquiry is necessary, he or she shall notify the district attorney under s. 979.04 (2) and refuse to issue a cremation release until the examination or judicial inquiry is concluded.

AB867,77 Section 77. 979.10 (3) of the statutes is repealed.

AB867,78 Section 78. 979.10 (4) of the statutes is amended to read:

AB867,45,3 979.10 (4) Whoever accepts, receives, or takes any corpse body of a deceased person with intent to destroy the corpse body by means of cremation, or who cremates or aids and assists in the cremation of any corpse body of a deceased person without having presented the permit release specified in sub. (1) (ag), shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB867,79 Section 79. 979.10 (5) of the statutes is created to read:

AB867,45,8 979.10 (5) If a coroner or medical examiner issues an authorization under s. 979.105 for a body but refuses to issue a cremation release for the body under sub. (2), the coroner or medical examiner and the county are not liable for the cost of storing the body.

AB867,80 Section 80. 979.10 (6) of the statutes is created to read:

AB867,45,14 979.10 (6) A person receiving a body under s. 157.02 (1m) (c) or 157.06 for the purpose of medical research or education shall request a cremation release from the coroner or medical examiner who has jurisdiction to issue a cremation release under sub. (1) (ag) before moving the body out of the county served by the coroner or medical examiner.

AB867,81 Section 81. 979.22 of the statutes is amended to read:

AB867,45,22 979.22 Autopsies Fees for other autopsy and toxicological services other diagnostic procedures by coroners or medical examiners. A coroner or medical examiner may perform autopsies and toxicological services other diagnostic procedures not required under this chapter and may charge a fee established by the county board for such autopsies and services procedures. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service autopsy and procedures.

AB867,82 Section 82 . Nonstatutory provisions.

AB867,46,2 (1) Examining board; initial terms. Notwithstanding the length of terms specified for the members of the medicolegal investigation examining board under section 15.405 (18) of the statutes, as created by this act, initial appointments to the medicolegal investigation examining board shall be made as follows:

AB867,46,6 (a) The members under section 15.405 (18) (a) of the statutes, as created by this act, the member under section 15.405 (18) (c) of the statutes, as created by this act, and the member under section 15.405 (18) (e) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2016.

AB867,46,10 (b) The members under section 15.405 (18) (am) of the statutes, as created by this act, the member under section 15.405 (18) (d) of the statutes, as created by this act, and the member under section 15.405 (18) (g) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2018.

AB867,46,13 (c) The members under section 15.405 (18) (b) of the statutes, as created by this act, and the member under section 15.405 (18) (i) of the statutes, as created by this act, shall be appointed for terms expiring on July 1, 2020.

AB867,46,14 (2) Examining board; provisional appointments.

AB867,46,23 (a) Notwithstanding section 15.08 (1) of the statutes, the governor may provisionally appoint initial members of the medicolegal investigation examining board under section 15.405 (18) of the statutes, as created by this act. Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB867,47,4 (b) A provisional appointment made under paragraph (a ) that is withdrawn by the governor lapses upon withdrawal and creates a vacancy for provisional appointment of another initial member of the medicolegal investigation examining board. Any provisional appointment made under paragraph (a) that is rejected by the senate lapses upon rejection and creates a vacancy for nomination and appointment under section 15.08 (1) of the statutes of another initial board member.

AB867,47,16 (3) Examining board; emergency rule authority. The medicolegal investigation examining board may promulgate emergency rules under section 227.24 of the statutes as required under section 465.05 (1) (a) of the statutes, as created by this act, or as authorized under section 465.05 (2) (c) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect for one year, or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the medicolegal investigation examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB867,83 Section 83. Fiscal changes.

AB867,47,20 (1) On the effective date of this subsection, there is transferred from the appropriation account under section 20.435 (1) (gm) of the statutes to the appropriation account under section 20.165 (1) (kd) of the statutes $270,000.

AB867,84 Section 84. Initial applicability.

AB867,48,7 (1) Death investigations; authorization to embalm or dispose of a body; cremation release; disposition of bodies. The treatment of sections 69.01 (12), 69.18 (2) (d) 1., 2., and 3., and (3) (a), (b), and (d), 157.02 (1), (1m) (title), (2), (2m), (3), (4), and (5), 157.03 (1) and (2), 157.055 (2) (intro.), 346.71 (2), 440.78 (1) (b), 979.001, 979.01 (title), (1), (1d), (1g), (1i), (1k), (1p), (1r), (3), (3m), and (4), 979.017, 979.025 (2) and (3), 979.03, 979.032, 979.034, 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2., 2m., and 3., (b), (c), and (d), (2), (3), (4), (5), and (6), and 979.22 of the statutes, the renumbering and amendment of sections 979.01 (1m) and (2) and 979.02 of the statutes, the amendment of section 979.02 (title) of the statutes, and the creation of sections 979.01 (1m) (b) and (2) (b) and 979.02 (2), (3), (4), (5), (6), and (7) of the statutes first apply to deaths occurring on the effective date of this subsection.

AB867,48,10 (2) Disinterment permits. The treatment of sections 69.18 (4) (a) (intro.) and 1g. to 6., (am) (intro.), (b), (bm), (d), (e), and (f) and 157.112 (3) (intro.) of the statutes first applies to disinterments performed on the effective date of this subsection.

AB867,85 Section 85. Effective dates. This act takes effect on the day after publication, except as follows:

AB867,48,16 (1) The treatment of sections 440.03 (9) (a) (intro.) and (bm) and (13) (b) 38d., 440.05 (intro.), 440.08 (2) (a) 46t., 465.05 (1) (b), (c), (dm), and (e) and (2) (a), 465.10, and 465.15 of the statutes takes effect on the first day of the 13th month beginning after publication.

AB867,48,18 (2) The repeal and recreation of section 20.435 (1) (gm) of the statutes takes effect on July 1, 2016.

AB867,48,19 (End)