SB428,9,615 59.34 (1) (a) Participate in inquest proceedings when required by law, except
16that in any county with a population of 500,000 or more and all counties which have
17instituted the medical examiner system this duty and the powers incident thereto
18shall be vested exclusively in the office of the medical examiner. Except as provided
19under s. 59.38 (5), the board shall appoint the medical examiner. The office may be
20occupied on a full-time or part-time basis and the officeholder shall be paid
21compensation as the board by ordinance provides. The duties performed by the
22county coroner and not vested in the medical examiner shall be performed by the
23clerk. The medical examiner may appoint such assistants as the board authorizes.
24Whenever requested by the court or district attorney, the medical examiner shall
25testify to facts and conclusions disclosed by autopsies performed by him or her, at his

1or her direction or in his or her presence; shall make physical examinations and tests
2incident to any matter of a criminal nature up for consideration before either the
3court or district attorney or attorney general upon request; shall testify as an expert
4for either the court or the state in all matters where the examinations or tests have
5been made; and shall perform such other duties of a pathological or medicolegal
6nature as may be required.
SB428, s. 5 7Section 5. 59.34 (1) (cm) of the statutes is created to read:
SB428,9,98 59.34 (1) (cm) Complete training and testing required by the board of
9medicolegal investigations under s. 165.65.
SB428, s. 6 10Section 6. 59.35 (3m) of the statutes is created to read:
SB428,9,1211 59.35 (3m) A deputy coroner shall complete training and testing required by
12the board of medicolegal investigations under s. 165.65.
SB428, s. 7 13Section 7. 59.38 (3m) of the statutes is created to read:
SB428,9,1614 59.38 (3m) Training and testing. The medical examiner and his or her
15assistants shall complete training and testing required by the board of medicolegal
16investigations under s. 165.65.
SB428, s. 8 17Section 8. 69.01 (12) of the statutes is amended to read:
SB428,9,2218 69.01 (12) "Final disposition" means the disposition of a corpse or stillbirth by
19burial, interment, entombment, cremation, delivery to a university or school under
20s. 157.02 (3) (1m) (c) or delivery to a medical or dental school anatomy department
21under s. 157.06. "Final disposition" does not include disposition of the ashes
22produced by cremation of a corpse or stillbirth.
SB428, s. 9 23Section 9. 69.18 (2) (d) 1. of the statutes is amended to read:
SB428,9,2524 69.18 (2) (d) 1. Except as provided under par. (e), if a death is the subject of a
25coroner's or medical examiner's determination
must be reported to a coroner or

1medical examiner
under s. 979.01 or 979.03, the coroner or medical examiner or a
2physician supervised by a coroner or medical examiner in the county where the event
3which caused the death occurred shall complete and sign the medical certification
4for the death and mail the death certificate within 5 days after the pronouncement
5of death or present the certificate to the person responsible for filing the death
6certificate under sub. (1) within 6 days after the pronouncement of death.
SB428, s. 10 7Section 10. 69.18 (3) (a) of the statutes is amended to read:
SB428,10,168 69.18 (3) (a) Except as provided under par. (c) or (e), the person who has moved
9a corpse under sub. (1) (a) shall complete a report for final disposition, on a form
10supplied by the state registrar, and, within 24 hours after being notified of the death,
11mail or present a copy of the report to the coroner or medical examiner in the county
12of the place of death and mail or present a copy to the local registrar in the
13registration district of the place of death. If the cause of death is subject to an
14investigation
must be reported to a coroner or medical examiner under s. 979.01 or
15979.03
, the report for final disposition shall be submitted to the coroner or medical
16examiner in the county in which the event which caused the death occurred.
SB428, s. 11 17Section 11. 69.18 (4) (a) (intro.) of the statutes is renumbered 69.18 (4) (c) and
18amended to read:
SB428,11,219 69.18 (4) (c) Subject to s. 157.111, the coroner or medical examiner of the county
20in which a decedent's corpse is interred shall issue an authorization a permit for
21disinterment and reinterment, on a form prescribed by the board on medicolegal
22investigations,
upon receipt of an order of a court of competent jurisdiction or upon
23receipt of a written application for disinterment and reinterment signed by the
24person in charge of the disinterment and by any of the following persons, in order of
25priority stated, when persons in prior classes are not available at the time of

1application, and in the absence of actual notice of contrary indications by the
2decedent or actual notice of opposition by a member of the same or a prior class:
.
SB428, s. 12 3Section 12. 69.18 (4) (a) 1. to 6. of the statutes are renumbered 69.18 (4) (am)
41. to 6.
SB428, s. 13 5Section 13. 69.18 (4) (am) (intro.) of the statutes is created to read:
SB428,11,76 69.18 (4) (am) (intro.) In this subsection, "decedent's representative" means
7any member of the following classes of individuals, in the order of priority listed:
SB428, s. 14 8Section 14. 69.18 (4) (b) of the statutes is created to read:
SB428,11,119 69.18 (4) (b) Except as provided in s. 157.112 (3), no person may disinter a
10human corpse from a grave or tomb without first obtaining a disinterment permit
11under par. (c) or (d).
SB428, s. 15 12Section 15. 69.18 (4) (bm) of the statutes is repealed.
SB428, s. 16 13Section 16. 69.18 (4) (d) of the statutes is created to read:
SB428,11,1814 69.18 (4) (d) Subject to s. 157.111, the coroner or medical examiner of the county
15in which a decedent's corpse is interred shall issue a disinterment permit, on a form
16prescribed by the board on medicolegal investigations, upon receipt of a written
17application for disinterment that is made and signed by a decedent's representative
18and signed by the person in charge of disinterment if all of the following apply:
SB428,11,2019 1. No decedent's representative who is of a member of prior class under par.
20(am) is available at the time the application is made.
SB428,11,2221 2. The coroner or medical examiner does not have actual notice that the
22deceased would have opposed the disinterment.
SB428,11,2523 3. The coroner or medical examiner does not have actual notice of opposition
24to disinterment by a decedent's representative who is a member of the same or a prior
25class under par. (am) as the applicant.
SB428,12,2
14. The applicant provides proof of intent to cremate the decedent's corpse or to
2lawfully inter the decedent' s corpse in a specified burial place.
SB428, s. 17 3Section 17. 69.18 (4) (e) of the statutes is created to read:
SB428,12,54 69.18 (4) (e) No person may cremate a corpse disintered under this subsection
5without obtaining a cremation release under s. 979.10 (1) (ag).
SB428, s. 18 6Section 18. 69.18 (4) (f) of the statutes is created to read:
SB428,12,97 69.18 (4) (f) Except as provided in s. 157.112 (3), no person may disinter a
8decedent's cremated remains from a cemetery unless all of the following conditions
9are satisfied:
SB428,12,1010 1. The cemetery authority, or its designee, consents to disinterment.
SB428,12,1311 2. A decedent's representative consents to disinterment and no other decedent's
12representative who is a member of the same or a prior class under par. (am) objects
13to disinterment.
SB428, s. 19 14Section 19. 69.20 (2) (a) 2. of the statutes is amended to read:
SB428,12,1715 69.20 (2) (a) 2. For a certificate of death, any of the persons specified under s.
1669.18 (4) (a) (am) 1. to 6. or an individual who is authorized in writing by one of the
17persons.
SB428, s. 20 18Section 20. 157.02 (1), (2), (3), (4) and (5) of the statutes are renumbered
19157.02 (1m) (a), (b), (c), (d) and (e), and 157.02 (1m) (b) and (e), as renumbered, are
20amended to read:
SB428,12,2521 157.02 (1m) (b) Time allowed relative to act. If a relative or friend fails to
22arrange for taking charge of the corpse within a reasonable time after death, the
23superintendent or other officer may proceed as provided in this section subsection,
24but relatives or friends may claim the corpse at any time before it has been delivered
25pursuant to sub. (3) par. (c).
SB428,13,2
1(e) Other disposition. If the corpse is not disposed of under subs. (1) to (4) pars.
2(a) to (d)
, the superintendent or public officer shall properly bury it.
SB428, s. 21 3Section 21. 157.02 (1m) (title) of the statutes is created to read:
SB428,13,44 157.02 (1m) (title) Disposition of inmate's remains.
SB428, s. 22 5Section 22. 157.02 (2m) of the statutes is created to read:
SB428,13,156 157.02 (2m) Disposition of other unclaimed remains. (a) If a person, other
7than a person who has responsibility to dispose of a corpse under sub. (1m), has the
8corpse of a deceased individual and cannot by exercise of reasonable effort locate the
9deceased's representative, as defined in s. 979.001 (1), or the deceased's
10representative refuses to claim the corpse for disposition, the person shall notify the
11coroner or medical examiner in the county in which the corpse is located, and the
12coroner or medical examiner shall take custody of the corpse and cause the corpse
13to be decently buried or cremated. The county shall pay costs of burial or cremation
14under this paragraph with funds other than funds appropriated for the operation of
15the coroner's or medical examiner's office.
SB428,13,2216 (b) A coroner or medical is immune from civil liability for his or her choice of
17method for disposing of an unidentified corpse under this subsection if the coroner
18or medical examiner made reasonable efforts to identify the corpse. A coroner or
19medical examiner is immune from civil liability for his or her choice of method for
20disposing of an unclaimed corpse under this subsection if the coroner or medical
21examiner made reasonable efforts to notify the deceased's representative of the
22disposal of the corpse.
SB428, s. 23 23Section 23. 157.03 (1) of the statutes is amended to read:
SB428,14,324 157.03 (1) The corpse of a person who died with smallpox, diphtheria, or scarlet
25fever, or who in his or her last sickness shall request to be buried or cremated, and

1of a stranger or traveler who suddenly died, shall not be disposed of under s. 157.02
2(3) (1m) (c), and no person having charge of a corpse authorized to be so disposed of
3shall sell or deliver it to be used outside the state.
SB428, s. 24 4Section 24. 157.03 (2) of the statutes is amended to read:
SB428,14,85 157.03 (2) Upon receipt of the corpse by a university or school pursuant to s.
6157.02 (3) (1m) (c) it shall be properly embalmed and retained for 3 months before
7being used or dismembered and shall be delivered to any relative claiming it upon
8satisfactory proof of relationship.
SB428, s. 25 9Section 25. 157.055 (2) (intro.) of the statutes is amended to read:
SB428,14,1410 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 157.113, 445.04 (2), 445.14,
11979.01 (3), (3m), and (4), 979.02, and 979.025 (2), 979.027, 979.10, and 979.105, and
12subch. VI of ch. 440, during a period of a state of emergency related to public health
13declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do
14all of the following:
SB428, s. 26 15Section 26. 157.113 (title) of the statutes is created to read:
SB428,14,17 16157.113 (title) Permission required to deposit cremated remains in
17cemetery.
SB428, s. 27 18Section 27. 157.70 (3) (a) of the statutes is amended to read:
SB428,14,2219 157.70 (3) (a) Except as provided under s. 979.01, a A person shall immediately
20notify the director if the person knows or has reasonable grounds to believe that a
21burial site or the cataloged land contiguous to a cataloged burial site is being
22disturbed or may be disturbed contrary to the requirements of subs. (4) and (5).
SB428, s. 28 23Section 28. 165.50 (4) of the statutes is created to read:
SB428,15,3
1165.50 (4) The attorney general may order and represent the state in an
2inquest as provided under s. 979.04 (1) or may order a preliminary investigation into
3a death as provided under s. 979.04 (3).
SB428, s. 29 4Section 29. 165.65 of the statutes is created to read:
SB428,15,6 5165.65 Board on medicolegal investigations. The board on medicolegal
6investigations shall do all of the following:
SB428,15,8 7(1) Promulgate rules establishing testing and training requirements for
8coroners, deputy coroners, medical examiners, and medical examiners' assistants.
SB428,15,10 9(2) If a coroner does not satisfy the testing and training requirements for
10coroners under sub. (1), notify the governor and the appropriate county board.
SB428,15,12 11(3) If a medical examiner does not satisfy the training and testing requirement
12for medical examiners under sub. (1), notify the appropriate county board.
SB428,15,14 13(4) Promulgate rules establishing standards for the content and maintenance
14of coroner and medical examiner death investigation records under s. 979.032.
SB428,15,16 15(5) Promulgate rules regarding public access to coroner and medical examiner
16death investigation records under s. 979.032.
SB428,15,18 17(6) Create a form that coroners and medical examiners shall use to issue
18permits for disinterment or reinterment under s. 69.18 (4).
SB428, s. 30 19Section 30. 346.71 (2) of the statutes is amended to read:
SB428,16,1820 346.71 (2) In cases of death involving a motor vehicle in which the decedent was
21the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or
22electric personal assistive mobility device operator 14 years of age or older and who
23died within 6 hours of the time of the accident, the coroner or medical examiner of
24the county where the death occurred shall require that a blood specimen of at least
2510 cc. be withdrawn from the body of the decedent within 12 hours after his or her

1death, by the coroner or medical examiner or by a physician so designated by the
2coroner or medical examiner or by a qualified person at the direction of the physician.
3All funeral directors shall obtain a release from the coroner or medical examiner of
4the county where the accident occurred as provided in s. 979.01 (4) 979.105 prior to
5proceeding with embalming any body coming under the scope of this section. The
6blood so drawn shall be forwarded to a laboratory approved by the department of
7health and family services for analysis of the alcoholic content of the blood specimen.
8The coroner or medical examiner causing the blood to be withdrawn shall be notified
9of the results of each analysis made and shall forward the results of each such
10analysis to the department of health and family services. If the death involved a
11motor vehicle, the department shall keep a record of all such examinations to be used
12for statistical purposes only and the department shall disseminate and make public
13the cumulative results of the examinations without identifying the individuals
14involved. If the death involved an all-terrain vehicle, the department of natural
15resources shall keep a record of all such examinations to be used for statistical
16purposes only and the department of natural resources shall disseminate and make
17public the cumulative results of the examinations without identifying the
18individuals involved.
SB428, s. 31 19Section 31. 440.78 (1) (b) of the statutes is amended to read:
SB428,16,2120 440.78 (1) (b) A copy of the cremation permit release issued under s. 979.10 (1)
21(a) (ag).
SB428, s. 32 22Section 32. 979.001 of the statutes is created to read:
SB428,16,23 23979.001 Definitions. In this chapter:
SB428,16,25 24(1) "Deceased's representative" means any member of the following classes of
25individuals, in the order of priority listed:
SB428,17,1
1(a) The deceased's spouse.
SB428,17,22 (b) An adult son or daughter of the deceased.
SB428,17,33 (c) A parent of the deceased.
SB428,17,44 (d) An adult brother or sister of the deceased.
SB428,17,55 (e) A person appointed as such by the circuit court.
SB428,17,6 6(2) "Event" includes a sudden unexplained collapse.
SB428,17,7 7(3) "Health care provider" means all of the following:
SB428,17,88 (a) A midwife licensed under subch. XII of ch 440.
SB428,17,99 (b) A nurse licensed under ch. 441.
SB428,17,1010 (c) A chiropractor licensed under ch. 446.
SB428,17,1111 (d) A dentist licensed under ch. 447.
SB428,17,1312 (e) A physician, physician assistant, or respiratory care practitioner licensed
13or certified under subch. II of ch. 448.
SB428,17,1414 (f) A physical therapist licensed under subch. III of ch. 448.
SB428,17,1515 (g) A podiatrist licensed under subch. IV of ch. 448.
SB428,17,1616 (h) A dietitian certified under subch. V of ch. 448.
SB428,17,1717 (i) An athletic trainer licensed under subch. VI of ch. 448.
SB428,17,1918 (j) An occupational therapist or occupational therapy assistant licensed under
19subch. VII of ch. 448.
SB428,17,2020 (k) An optometrist licensed under ch. 449.
SB428,17,2121 (L) A pharmacist licensed under ch. 450.
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