SB535,4,75 3. Contacting a prospective purchaser of a prearranged funeral plan by
6door-to-door solicitation or automated telephone calls that are made on a random
7basis.
SB535,4,118 (b) A licensed funeral director, agent of a licensed funeral director, operator of
9a funeral establishment or agent of an operator of a funeral establishment may solicit
10the sale of a prearranged funeral plan under s. 445.127 by contacting any person if
11any of the following applies:
SB535,4,1212 1. The prospective purchaser requests the contact.
SB535,4,1613 2. The contact is part of a mass-mailing, television, radio, print or other type
14of advertising campaign that is not directed solely toward persons in a hospital,
15health care facility or similar facility or institution or toward the relatives of a person
16whose death is imminent or appears to be imminent.
SB535,4,2117 (c) Paragraph (a) 3. does not prohibit a licensed funeral director, agent of a
18licensed funeral director, operator of a funeral establishment or agent of an operator
19of a funeral establishment from using mass-marketing practices or in-person
20contacts or communications permitted under this section or by a rule promulgated
21by the examining board.
SB535, s. 4 22Section 4. 445.12 (7) of the statutes is amended to read:
SB535,5,323 445.12 (7) No licensed funeral director or operator of a funeral establishment
24may sell or cause to be sold any shares of stocks, certificates of membership or any
25other form of certificate which provides for any burial benefit or any rebate at the

1time of death to the holders thereof. This subsection does not prohibit the sale of
2prearranged funeral plans to the extent permitted under, and that are in conformity
3with, s. 445.127.
SB535, s. 5 4Section 5. 445.127 of the statutes is created to read:
SB535,5,6 5445.127 Prearranged funeral plans funded with proceeds of life
6insurance policy or annuity.
(1) In this section:
SB535,5,87 (a) "Agent" means an authorized representative of a funeral director or funeral
8establishment.
SB535,5,169 (b) "Cash advance item" means personal property or a service that is obtained
10by a funeral director or funeral establishment from a 3rd party and that is paid for
11by the funeral director or funeral establishment on behalf of, and subject to
12reimbursement from, a person purchasing funeral merchandise or funeral services
13from the funeral director or funeral establishment. "Cash advance item" includes
14cemetery or crematory services, pallbearers, public transportation, clergy honoraria,
15flowers, musicians or vocalists, nurses, obituary notices, gratuities and death
16certificates.
SB535,5,2517 (c) "Funeral merchandise or funeral services" means personal property or
18services typically sold or provided in connection with the final disposition or
19memorialization of human remains, including caskets or other primary containers,
20rental, temporary or disposable caskets or containers, outer burial containers,
21cremation or transportation containers, funeral clothing and accessories,
22monuments, grave markers, cremation urns, embalming services and funeral
23directing services. "Funeral merchandise or funeral services" does not include a cash
24advance item or opening and closing costs that are associated with the burial of a
25deceased person.
SB535,6,4
1(d) "Prearranged funeral plan" means a written agreement between a funeral
2establishment or funeral director and a person in which the funeral establishment
3or funeral director agrees to provide to a person, after that person is deceased,
4funeral merchandise or funeral services.
SB535,6,8 5(2) (a) A licensed funeral director, an operator of a funeral establishment, an
6agent of a licensed funeral director or, subject to sub. (3), an agent of a funeral
7establishment may sell or solicit the sale of a prearranged funeral plan that is funded
8with the proceeds of a life insurance policy or annuity if all of the following apply:
SB535,6,109 1. The prearranged funeral plan meets the requirements specified in subs. (4)
10to (6).
SB535,6,1211 2. The licensed funeral director, operator of the funeral establishment or agent
12is licensed as an insurance intermediary under ch. 628.
SB535,6,1613 (b) A licensed funeral director or funeral establishment may authorize an agent
14who is an insurance intermediary licensed under ch. 628 to sell or solicit the sale of
15a prearranged funeral plan that is funded with the proceeds of a life insurance policy
16or annuity and that meets the requirements specified in subs. (4) to (6).
SB535,6,20 17(3) (a) No agent of a funeral establishment may solicit the sale of or sell a
18prearranged funeral plan funded with the proceeds of a life insurance policy or
19annuity unless he or she has a contract with the funeral establishment that
20authorizes him or her to act as the agent of the funeral establishment.
SB535,6,2421 (b) If an agent of a funeral establishment solicits the sale of or sells a
22prearranged funeral plan funded with the proceeds of a life insurance policy or
23annuity, the agent shall disclose to the prospective purchaser of the prearranged
24funeral plan the identity of the funeral establishment of which he or she is an agent.
SB535,7,4
1(4) A prearranged funeral plan that is funded with the proceeds of a life
2insurance policy or annuity shall specify in the plan the licensed funeral director or
3the funeral establishment that will provide the funeral services or funeral
4merchandise to be provided under the plan.
SB535,7,8 5(5) (a) A prearranged funeral plan that is funded with the proceeds from a life
6insurance policy or annuity shall include a provision setting forth the nature and
7extent of any price guarantee for the funeral merchandise or funeral services that
8are to be provided under the prearranged funeral plan.
SB535,7,139 (b) If an agent solicits and sells a prearranged funeral plan that is funded with
10the proceeds of a life insurance policy or annuity, the licensed funeral director who
11owns or is an agent of the funeral establishment that will provide funeral
12merchandise or funeral services under the prearranged funeral plan shall ratify the
13prearranged funeral plan in writing and with his or her signature.
SB535,7,18 14(6) Before an agent, a licensed funeral director or an operator of a funeral
15establishment accepts an applicant's initial premium or deposit for a prearranged
16funeral plan that is funded or will be funded by a life insurance policy or annuity, the
17agent, funeral director or operator of a funeral establishment shall, in a writing that
18is clear and conspicuous, disclose the following information to the applicant:
SB535,7,2019 (a) The fact that a life insurance policy or annuity is involved in or connected
20to, or is being used to fund, the prearranged funeral plan.
SB535,7,2221 (b) The type of insurance instrument or annuity that is funding the
22prearranged funeral plan.
SB535,7,2323 (c) The effect on the prearranged funeral plan of all of the following:
SB535,8,3
11. Changing the life insurance policy or annuity, including changing the
2assignment of the policy or annuity proceeds, changing the beneficiary or annuitant
3designation or changing the use of the proceeds.
SB535,8,54 2. Any penalties incurred by the policyholder or annuity contract holder as a
5result of failing to make premium payments or payments under the annuity.
SB535,8,76 3. Any penalties incurred or money received as a result of cancellation or
7surrender of the life insurance policy or annuity.
SB535,8,118 (d) The nature of the relationship between the insurance intermediary who
9solicited or is selling the life insurance policy or annuity and the funeral director or
10funeral establishment that will be providing funeral or burial merchandise or
11services under the prearranged funeral plan.
SB535,8,1412 (e) The relationship of the life insurance policy or annuity to the funding of the
13prearranged funeral plan and the existence and terms of any guarantees, other than
14a guarantee specified in par. (f), relating to the prearranged funeral plan.
SB535,8,2215 (f) A list of the funeral merchandise and funeral services that are applied for
16or contracted for under the prearranged funeral plan and all relevant information
17concerning the price of the funeral services provided under the prearranged funeral
18plan, including a statement as to whether the purchase price of the funeral
19merchandise or funeral services provided under the prearranged funeral plan is
20guaranteed at the time of the purchase of the prearranged funeral plan or whether
21the purchase price of the funeral merchandise or funeral services provided under the
22prearranged funeral plan is to be determined at the time of need.
SB535,9,223 (g) All relevant information concerning what occurs, and whether any
24entitlements or obligations arise, if there is a difference between the proceeds of the

1life insurance policy or annuity and the amount of money actually needed to fund the
2prearranged funeral plan.
SB535,9,63 (h) Any restrictions, including geographic restrictions, or penalties relating to
4delivery or performance under the prearranged funeral plan, including any
5restrictions or penalties relating to the inability of the funeral establishment to
6perform.
SB535,9,107 (i) A statement as to whether a sales commission or other form of compensation
8is being paid to the agent who sold or solicited the sale of a prearranged funeral plan
9and, if so, the identity of the persons to whom the commission or other compensation
10is paid.
SB535,9,15 11(7) (a) A licensed funeral director or operator of a funeral establishment who,
12either directly or through an agent, solicits the sale of or sells a prearranged funeral
13plan funded with the proceeds of a life insurance policy or annuity shall maintain a
14record of the prearranged funeral plan that identifies the life insurance policy or
15annuity used to fund the plan.
SB535,9,1916 (b) A funeral director or operator of a funeral establishment shall make a record
17maintained under par. (a) available to the examining board if the board submits a
18written request to examine the record to the funeral director or operator of a funeral
19establishment at least 3 days before the examination is to occur.
SB535,9,20 20(8) The examining board may promulgate rules to administer this section.
SB535, s. 6 21Section 6. 632.41 (2) of the statutes is renumbered 632.41 (2) (a) and amended
22to read:
SB535,9,2423 632.41 (2) (a) No Except as provided in par. (b), no contract in which the insurer
24agrees to pay for any of the incidents of burial or other disposition of the body of a

1deceased may provide that the benefits are payable to a funeral director or any other
2person doing business related to burials.
SB535, s. 7 3Section 7. 632.41 (2) (b) of the statutes is created to read:
SB535,10,84 632.41 (2) (b) A life insurance policy or annuity may provide for the assignment
5of the proceeds of the policy or annuity to a funeral director or a funeral
6establishment if that assignment of proceeds is contingent on the provision of funeral
7merchandise or funeral services as provided for in a prearranged funeral plan that
8satisfies the requirements of s. 445.127.
SB535,10,99 (End)
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