AB366: Bill Text

AB366,50 Section 50. 979.10 (1) (a) 1., 2. and 3. of the statutes are renumbered 979.10 (1) (ag) 1., 2. and 3. and amended to read:

AB366,27,9 979.10 (1) (ag) 1. The coroner or medical examiner in the county where the death occurred was pronounced if the death occurred was pronounced in this state; and the death was not subject to an investigation under s. 979.01.

AB366,27,13 2. The coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and who investigated the death if the death was pronounced in this state and is the subject of to an investigation under s. 979.01; or.

AB366,27,17 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.

AB366,51 Section 51. 979.10 (1) (a) 1m. and 2m. of the statutes are created to read:

AB366,27,20 979.10 (1) (a) 1m. The person determines that the body must be cremated immediately to effectively contain the disease.

AB366,27,22 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.

AB366,52 Section 52. 979.10 (1) (b) of the statutes is amended to read:

AB366,28,4 979.10 (1) (b) A coroner or medical examiner shall include in any cremation permit issued under par. (a) (ag) a statement that he or she has viewed the corpse body which is the subject of the permit 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 permit shall also specify the earliest date and time that the cremation may occur.

AB366,53 Section 53. 979.10 (2) of the statutes is amended to read:

AB366,28,15 979.10 (2) If a corpse body is to be cremated, the coroner or medical examiner shall 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 district attorney's opinion it is necessary to determine the cause and manner of death. If the coroner or medical examiner determines that no further examination or judicial inquiry is necessary, he or she shall certify that fact. Upon written request by the district attorney the coroner or medical examiner shall obtain the concurrence of the district attorney before issuing the certification. 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).

AB366,54 Section 54. 979.10 (3) of the statutes is repealed.

AB366,55 Section 55. 979.10 (4) of the statutes is amended to read:

AB366,28,22 979.10 (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 specified in sub. (1) (ag), shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB366,56 Section 56. 979.22 of the statutes is amended to read:

AB366,29,4 979.22 Autopsies Fees for other autopsy and toxicological services by coroners or medical examiners. A coroner or medical examiner may perform autopsies and toxicological services not required under this chapter and may charge a fee established by the county board for such autopsies and services. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service and autopsy.

AB366,57 Section 57 . Nonstatutory provisions.

AB366,29,9 (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, initial appointments to the medicolegal investigation examining board shall be made as follows:

AB366,29,12 (a) The members under section 15.405 (18) (a) of the statutes, the member under section 15.405 (18) (c) of the statutes, and the member under section 15.405 (18) (e) of the statutes shall be appointed for terms expiring on July 1, 2018.

AB366,29,15 (b) The members under section 15.405 (18) (am) of the statutes, the member under section 15.405 (18) (d) of the statutes, and the member under section 15.405 (18) (g) of the statutes shall be appointed for terms expiring on July 1, 2020.

AB366,29,18 (c) The members under section 15.405 (18) (b) of the statutes and the member under section 15.405 (18) (i) of the statutes shall be appointed for terms expiring on July 1, 2022.

AB366,29,19 (2) Examining board; provisional appointments.

AB366,30,2 (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. 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.

AB366,30,8 (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.

AB366,30,19 (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. 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.

AB366,58 Section 58. Initial applicability.

AB366,31,4 (1) Death investigations; authorization to embalm or dispose of a body; cremation permit; 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), 979.01 (1p), (1r), and (4), 979.025 (2) and (3), 979.036, 979.09, 979.10 (1) (a) (intro.), 1., 1m., 2., 2m., and 3. and (b), (2), (3), and (4), and 979.22 of the statutes, the renumbering and amendment of section 979.01 (1m) of the statutes, and the creation of section 979.01 (1m) (b) of the statutes first apply to deaths occurring on the effective date of this subsection.

AB366,31,7 (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.

AB366,59 Section 59. Effective dates. This act takes effect on the day after publication, except as follows:

AB366,31,13 (1) The treatment of sections 440.03 (9) (a) (intro.) and (bm) and (13) (b) 38d., 440.08 (2) (a) 46t., 465.05 (1) (b), (c), (dm), and (e) and (2) (a), 465.10, and 465.15 of the statutes and the amendment of section 440.05 (intro.) of the statutes take effect on the first day of the 13th month beginning after publication.

AB366,31,15 (2) The repeal and recreation of section 440.05 (intro.) takes effect on December 16, 2019.

AB366,31,16 (End)