SB483: Bill Text

LRB-0832/1

MDK:cmh:hmh

1999 - 2000 LEGISLATURE

1999 Senate BILL 483

March 21, 2000 - Introduced by Senators Shibilski, Schultz and Rude, cosponsored by Representatives Musser, Kedzie, Olsen, Ryba and Gunderson. Referred to Committee on Economic Development, Housing and Government Operations.

SB483,1,10 An Act to renumber and amend 445.01 (6); to amend 59.39, 157.067 (title), 157.067 (1) and (2), 157.067 (2m) (intro.), 157.067 (2m) (b), 157.067 (2m) (c), 440.08 (2) (a) 37., 445.01 (2), 445.01 (5) (c), 445.01 (7), 445.04 (1), 445.06, 445.095 (2) (b), 445.095 (2) (c), 445.095 (2) (d), 445.105 (1), 445.105 (2), (3), (4) and (5), 445.12 (3) (intro.), 445.12 (3) (b), 445.12 (3g) (a) (intro.), 445.12 (3g) (b) (intro.), 445.12 (3g) (c), 445.12 (3r) (intro.), 445.12 (3r) (a), 445.12 (4), 445.12 (6), 445.12 (7), 445.13 (1), 445.15 (1m), 614.82 (2), 632.41 (2) (b) 1. and 632.41 (2) (b) 3.; and to create 440.08 (2) (a) 37m., 445.01 (2r), 445.095 (2) (e), 445.105 (1m) and 445.125 (3m) (a) 3m. of the statutes; relating to: permits for certain funeral services held in certain establishments.

Analysis by the Legislative Reference Bureau

Under current law, no person may operate a funeral establishment without a permit granted by the funeral directors examining board (board) in the department of regulation and licensing (DORL). A funeral establishment is defined as a building or part of a building used for preparing dead human bodies for burial or transportation or for holding funeral services. The board may grant a permit to the operator of a funeral establishment only if a funeral director licensed by the board is in full-time charge of the establishment. In addition, the business of a funeral director may be conducted only in a funeral establishment. Also under current law, certain requirements apply to funeral establishments. For example, the operator of a cemetery may not permit a funeral establishment to be located in the cemetery.

This bill creates definitions for two types of funeral establishments: class A and class B funeral establishments. A class A funeral establishment has the same definition as a funeral establishment under current law. The bill defines a class B funeral establishment as a building or part of a building, other than a class A funeral establishment, in which the operator of a class A funeral establishment conducts funeral services. The bill requires a funeral director to conduct his or her business as a funeral director in a class A funeral establishment, except for funeral services that are conducted in a class B funeral establishment. All of the other requirements that apply to funeral establishments under current law apply to class A funeral establishments under the bill. Therefore, for example, the operator of a cemetery may not permit a class A funeral establishment to be located in the cemetery.

The bill prohibits the operator of a class A funeral establishment from conducting funeral services in a class B funeral establishment unless the board has issued a permit for the class B funeral establishment. A class B funeral establishment permit, like any other credential issued by a board in DORL, must be renewed every two years. The board is prohibited from requiring a class B funeral establishment to have a licensed funeral director in full-time charge of the establishment. An operator of a class A funeral establishment that is issued a permit for a class B funeral establishment must conspicuously display the permit in the class B funeral establishment. In addition, any licensed funeral director employed by the operator of the class A funeral establishment may display his or her funeral director's license in the class B funeral establishment.

Also under current law, certain requirements apply to funeral director apprentices, including the requirement that, in each year, the board may recognize only one apprentice at a funeral establishment that has had less than 150 funeral services or a funeral establishment at which less than 150 bodies were prepared for burial or shipment in the preceding year. The board may recognize a second funeral director apprentice at a funeral establishment if these numbers are equaled or exceeded. Under this bill, for purposes of determining compliance with these requirements, the number of funeral services conducted at a class A funeral establishment includes the number of funeral services conducted at a class B funeral establishment for which the operator of the class A funeral establishment has been issued a permit under the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB483, s. 1 Section 1. 59.39 of the statutes is amended to read:

SB483,3,11 59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a class A funeral establishment as defined in s. 445.01 (2g), or an employe of a class A funeral establishment, and no class A funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined not more than $50.

SB483, s. 2 Section 2. 157.067 (title) of the statutes is amended to read:

SB483,3,14 157.067 (title) Connection with class A funeral establishment prohibited.

SB483, s. 3 Section 3. 157.067 (1) and (2) of the statutes are amended to read:

SB483,3,17 157.067 (1) In this section, "class A funeral establishment" has the meaning given in s. 445.01 (6) (2g).

SB483,3,25 (2) No cemetery authority may permit a class A funeral establishment to be located in the cemetery. No cemetery authority may have or permit an employe or agent of the cemetery to have any ownership, operation or other financial interest in a class A funeral establishment. Except as provided in sub. (2m), no cemetery authority or employe or agent of a cemetery may, directly or indirectly, receive or accept any commission, fee, remuneration or benefit of any kind from a class A funeral establishment or from an owner, employe or agent of a class A funeral establishment.

SB483, s. 4 Section 4. 157.067 (2m) (intro.) of the statutes is amended to read:

SB483,4,4 157.067 (2m) (intro.) A cemetery authority may accept a fee or remuneration from a class A funeral establishment or from an owner, employe or agent of a class A funeral establishment if all of the following requirements are satisfied:

SB483, s. 5 Section 5. 157.067 (2m) (b) of the statutes is amended to read:

SB483,4,7 157.067 (2m) (b) The fee or remuneration payment is made on behalf of the person who is responsible for paying for the class A funeral establishment's services.

SB483, s. 6 Section 6. 157.067 (2m) (c) of the statutes is amended to read:

SB483,4,12 157.067 (2m) (c) The class A funeral establishment will be reimbursed for the fee or remuneration by charging the person who is responsible for paying the funeral expenses an amount that is identical to the amount of the fee or remuneration paid by the class A funeral establishment to the cemetery authority.

SB483, s. 7 Section 7. 440.08 (2) (a) 37. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB483,4,16 440.08 (2) (a) 37. Funeral establishment, class A: June 1 of each odd-numbered year; $47.

SB483, s. 8 Section 8. 440.08 (2) (a) 37m. of the statutes is created to read:

SB483,4,19 440.08 (2) (a) 37m. Funeral establishment, class B: June 1 of each odd-numbered year; $47.

SB483, s. 9 Section 9. 445.01 (2) of the statutes is amended to read:

SB483,5,2 445.01 (2) An "apprentice funeral director" is any person engaged in the learning of the practice of funeral directing under the instruction and personal supervision of a duly licensed and registered funeral director under this chapter, whose class A funeral establishment is located in this state; provided, that no person shall serve or attempt to serve as such apprentice funeral director under any such funeral director until the person has filed registration thereof with the examining board.

SB483, s. 10 Section 10. 445.01 (2r) of the statutes is created to read:

SB483,5,7 445.01 (2r) "Class B funeral establishment" means any building or part of a building, other than a class A funeral establishment, private residence, church or lodge hall, in which an operator of a class A funeral establishment holds or conducts funeral services.

SB483, s. 11 Section 11. 445.01 (5) (c) of the statutes is amended to read:

SB483,5,12 445.01 (5) (c) A person who, in connection with his or her name or class A funeral establishment, uses the words, "funeral director", "mortician" or any other title implying that he or she is engaged as a funeral director as defined in this subsection.

SB483, s. 12 Section 12. 445.01 (6) of the statutes is renumbered 445.01 (2g) and amended to read:

SB483,5,25 445.01 (2g) "Funeral Class A funeral establishment" means any building or part of a building used and held out to the public as being used in the care and preparation for burial or transportation of dead human bodies or for holding or conducting of funeral services. "Funeral Class A funeral establishment" does not include a class B funeral establishment or a building or part of a building that is erected under s. 157.11 (1) for holding or conducting funeral services if dead human bodies are not cared for or prepared for burial or transportation in the building. A class A funeral establishment must contain a preparation room equipped with tile, cement or composition floor, necessary drainage and ventilation and contain necessary instruments and supplies for the preparation and embalming of dead human bodies for burial, transportation or other disposition.

SB483, s. 13 Section 13. 445.01 (7) of the statutes is amended to read:

SB483,6,3 445.01 (7) "Operator of class A funeral establishment" means any person who conducts, maintains, manages or operates a class A funeral establishment.

SB483, s. 14 Section 14. 445.04 (1) of the statutes is amended to read:

SB483,6,9 445.04 (1) The Except for funeral services held or conducted in a class B funeral establishment for which a permit has been issued under s. 445.105 (1m), the business of a funeral director must be conducted in a class A funeral establishment equipped for the care and preparation for burial or transportation of dead human bodies. What shall be deemed "necessary equipment" shall be defined in the rules.

SB483, s. 15 Section 15. 445.06 of the statutes is amended to read:

SB483,6,24 445.06 Renewal of licenses. The renewal date and renewal fee for a funeral directors' license are specified under s. 440.08 (2) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized class A funeral establishment, except that if such applicant is not doing business at a recognized class A funeral establishment at the time of application for a license, the applicant shall be given a certificate, without additional cost, to the effect that the applicant is in good standing as a funeral director, and shall be entitled to a renewal license at any time during that license period, when located at a recognized class A funeral establishment, without payment of any additional renewal fee. The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.

SB483, s. 16 Section 16. 445.095 (2) (b) of the statutes is amended to read:

SB483,7,3 445.095 (2) (b) The term of a registered apprentice shall be recognized only when given employment in a class A funeral establishment under the personal supervision of a licensed funeral director.

SB483, s. 17 Section 17. 445.095 (2) (c) of the statutes is amended to read:

SB483,7,8 445.095 (2) (c) Only one funeral director apprenticeship shall be recognized by the examining board at any one class A funeral establishment in a current year that has had less than 150 funeral services, as determined under par. (e), or prepared less than 150 bodies for burial or shipment during the preceding year.

SB483, s. 18 Section 18. 445.095 (2) (d) of the statutes is amended to read: