SB297: Bill Text

SB297,10,13 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:

SB297,15 Section 15. 69.18 (4) (b) of the statutes is created to read:

SB297,10,17 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).

SB297,16 Section 16. 69.18 (4) (bm) of the statutes is repealed.

SB297,17 Section 17. 69.18 (4) (d) of the statutes is created to read:

SB297,10,24 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:

SB297,11,2 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.

SB297,11,4 2. The coroner or medical examiner does not have actual notice that the decedent would have opposed the disinterment.

SB297,11,7 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.

SB297,11,9 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.

SB297,18 Section 18. 69.18 (4) (e) of the statutes is created to read:

SB297,11,12 69.18 (4) (e) No person may cremate a corpse disinterred under this subsection without obtaining a cremation permit under s. 979.10 (1) (ag).

SB297,19 Section 19. 69.18 (4) (f) of the statutes is created to read:

SB297,11,16 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:

SB297,11,17 1. The cemetery authority, or its designee, consents to disinterment.

SB297,11,20 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.

SB297,20 Section 20. 69.20 (2) (a) 2. of the statutes is amended to read:

SB297,11,24 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.

SB297,21 Section 21. 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:

SB297,12,8 157.02 (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).

SB297,12,10 (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.

SB297,22 Section 22. 157.02 (1m) (title) of the statutes is created to read:

SB297,12,12 157.02 (1m) (title) Disposition of inmate's remains.

SB297,23 Section 23. 157.02 (2m) of the statutes is created to read:

SB297,12,21 157.02 (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 decedent, as defined in s. 69.18 (4) (am), or a representative of the decedent refuses to claim the corpse for disposition, the person may 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.

SB297,12,24 (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.

SB297,13,4 (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 decedent, as defined in s. 69.18 (4) (am), of the disposal of the corpse.

SB297,24 Section 24. 157.03 (1) of the statutes is amended to read:

SB297,13,10 157.03 (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.

SB297,25 Section 25. 157.03 (2) of the statutes is amended to read:

SB297,13,15 157.03 (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.

SB297,26 Section 26. 157.055 (2) (intro.) of the statutes is amended to read:

SB297,13,21 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14, 979.01 (3), and (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:

SB297,27 Section 27. 157.112 (3) (intro.) of the statutes is amended to read:

SB297,13,25 157.112 (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:

SB297,28 Section 28. 157.70 (3) (a) of the statutes is amended to read:

SB297,14,5 157.70 (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).

SB297,29 Section 29. 346.71 (1) of the statutes is amended to read:

SB297,14,22 346.71 (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 an off-highway motorcycle, as defined in s. 23.335 (1) (q), operated off the highways, as defined in s. 23.335 (1) (y), the report shall be made to the department of natural resources and the department of transportation and shall include the information specified by each department. If the accident involved any other motor vehicle, the report shall be made to the department of transportation and shall include the information specified by that 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).

SB297,30 Section 30. 346.71 (2) of the statutes is amended to read:

SB297,15,23 346.71 (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, a utility terrain vehicle, or an off-highway motorcycle, as defined in s. 23.335 (1) (q), that was being operated off the highways, as defined in s. 23.335 (1) (y), 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.

SB297,31 Section 31. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB297,16,4 440.03 (9) (a) (intro.) 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:

SB297,32 Section 32. 440.03 (9) (bm) of the statutes is created to read:

SB297,16,8 440.03 (9) (bm) The medicolegal investigation examining board may determine the amount of any fees imposed for licenses issued under s. 465.10, in accordance with s. 465.05 (2).

SB297,33 Section 33. 440.03 (13) (b) 38d. of the statutes is created to read:

SB297,16,10 440.03 (13) (b) 38d. Medicolegal investigator.

SB297,34 Section 34. 440.05 (intro.) of the statutes is amended to read:

SB297,16,14 440.05 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., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d), and 465.05 (2):

SB297,35 Section 35. 440.05 (intro.) of the statutes, as affected by 2015 Wisconsin Act 116 and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

SB297,16,19 440.05 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), 449.18 (2) (d), and 465.05 (2):

SB297,36 Section 36. 440.08 (2) (a) 46t. of the statutes is created to read:

SB297,16,22 440.08 (2) (a) 46t. Medicolegal investigation: January 1, 2019, and quadrennially thereafter.

SB297,37 Section 37. 440.78 (1) (b) of the statutes is amended to read:

SB297,16,24 440.78 (1) (b) A copy of the cremation permit issued under s. 979.10 (1) (a) (ag).

SB297,38 Section 38. Chapter 465 of the statutes is created to read:

SB297,17,2 chapter 465 medicolegal investigation

SB297,17,3 465.01 Definitions. In this chapter:

SB297,17,5 (1g) “Accredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) who satisfies any of the following:

SB297,17,7 (a) He or she is accredited as a certified forensic pathologist by the American Board of Pathology.

SB297,17,9 (b) He or she is accredited as a certified forensic anthropologist by the American Board of Forensic Anthropology.

SB297,17,11 (c) He or she is certified in forensic odontology by the American Board of Forensic Odontology.

SB297,17,12 (1r) “Board" means the medicolegal investigation examining board.

SB297,17,14 (2) “Medical examiner" means a nonaccredited medical examiner or an accredited medical examiner.

SB297,17,18 (3) (a) Except as provided in par. (b), “medicolegal investigation staff member" means a chief deputy coroner, a deputy coroner, a deputy medical examiner, and any other individual who assists the office of a coroner or medical examiner with an investigation of a death.

SB297,17,20 (b) “Medicolegal investigation staff member" does not include any of the following:

SB297,17,22 1. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

SB297,17,23 2. A medical examiner.

SB297,17,25 3. An individual performing solely administrative functions in the office of a coroner or medical examiner.

SB297,18,2 (4) “Nonaccredited medical examiner" means a medical examiner appointed under s. 59.34 (1) (a) or 59.38 (5) other than an accredited medical examiner.

SB297,18,4 465.05 Powers and duties of board. (1) Duties. The board shall do all of the following:

SB297,18,7 (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.

SB297,18,9 (b) Coordinate and provide, on a regional basis and at no cost to licensees, the training and education described in s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

SB297,18,10 (c) Monitor compliance with the licensure requirements under this chapter.

SB297,18,13 (d) Approve instructor certification standards that must be satisfied in order for a person to conduct the training and education required under s. 465.10 (3), (3m) (b), and (4) (a) 1. and (b) 2.

SB297,18,16 (dm) If an individual who holds a license issued under s. 465.10 fails to satisfy the requirement under s. 465.10 (3) (a) within the period specified in s. 465.10 (3) (a), revoke the individual's license.

SB297,18,19 (e) If a license issued under s. 465.10 is revoked by the board or is not renewed, do any of the following that is applicable with respect to the individual who was the holder of the license:

SB297,18,24 1. If the individual is a nonaccredited medical examiner, send a statement to the county board or county executive, if applicable, for any county in which the nonaccredited medical examiner serves recommending dismissal of the nonaccredited medical examiner because of the revocation of or failure to renew the license.

SB297,19,3 2. If the individual is a medicolegal investigation staff member, send a notice to the office in which the medicolegal investigation staff member works notifying the coroner or medical examiner of the revocation of or failure to renew the license.

SB297,19,7 (2) Powers. The board may impose fees for initial licenses or for license renewals under s. 465.10 (2) and (4). If the board imposes any fee under this subsection, the board shall set the fee at an amount commensurate with the cost of issuing licenses and monitoring compliance with this chapter.

SB297,19,12 465.10 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 medical examiner or medicolegal investigation staff member without a license in medicolegal investigation issued under this section.

SB297,19,14 (b) None of the following is required to have a license in medicolegal investigation issued under this section:

SB297,19,15 1. An accredited medical examiner.

SB297,19,17 2. An individual who is elected as a coroner or appointed to fill a vacancy as a coroner.

SB297,19,19 (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:

SB297,19,22 1. The individual is appointed as a nonaccredited medical examiner or is hired by a coroner or medical examiner to serve as a medicolegal investigation staff member.

SB297,19,23 2. The individual pays any fee imposed by the board under s. 465.05 (2).

SB297,20,3 (b) License renewal. The renewal date for a license issued under this subsection is specified under s. 440.08 (2) (a). Renewal applications shall include any fee established by the board under s. 465.05 (2) and proof satisfactory to the board that the individual has completed all hours of training or education required under sub. (3).

SB297,20,6 (3) Training and education requirements. (a) An individual who is issued an initial license under sub. (2) (a) shall, within 18 months after the license is issued, complete a basic, 40-hour death investigation training course approved by the board.