LRB-0832/1
MDK:cmh:hmh
1999 - 2000 LEGISLATURE
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 1An Act to renumber and amend 445.01 (6); to amend 59.39, 157.067 (title),
2157.067 (1) and (2), 157.067 (2m) (intro.), 157.067 (2m) (b), 157.067 (2m) (c),
3440.08 (2) (a) 37., 445.01 (2), 445.01 (5) (c), 445.01 (7), 445.04 (1), 445.06,
4445.095 (2) (b), 445.095 (2) (c), 445.095 (2) (d), 445.105 (1), 445.105 (2), (3), (4)
5and (5), 445.12 (3) (intro.), 445.12 (3) (b), 445.12 (3g) (a) (intro.), 445.12 (3g) (b)
6(intro.), 445.12 (3g) (c), 445.12 (3r) (intro.), 445.12 (3r) (a), 445.12 (4), 445.12 (6),
7445.12 (7), 445.13 (1), 445.15 (1m), 614.82 (2), 632.41 (2) (b) 1. and 632.41 (2)
8(b) 3.; and to create 440.08 (2) (a) 37m., 445.01 (2r), 445.095 (2) (e), 445.105
9(1m) and 445.125 (3m) (a) 3m. of the statutes; relating to: permits for certain
10funeral 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
1Section 1. 59.39 of the statutes is amended to read:
SB483,3,11 259.39 Coroner or medical examiner as funeral director, limitation. No
3coroner, deputy coroner, medical examiner or assistant medical examiner who is a
4licensed funeral director, an owner or operator of a class A funeral establishment as
5defined in s. 445.01 (2g), or an employe of a class A funeral establishment, and no
6class A funeral establishment with which such a coroner, deputy coroner, medical
7examiner or assistant medical examiner is associated, shall perform any of the
8services of a funeral director upon the body of any person whose death is required by
9law to be investigated by such coroner, his or her deputy, medical examiner or
10assistant medical examiner. Any person who violates this section shall be fined not
11more than $50.
SB483, s. 2 12Section 2. 157.067 (title) of the statutes is amended to read:
SB483,3,14 13157.067 (title) Connection with class A funeral establishment
14prohibited.
SB483, s. 3 15Section 3. 157.067 (1) and (2) of the statutes are amended to read:
SB483,3,1716 157.067 (1) In this section, "class A funeral establishment" has the meaning
17given in s. 445.01 (6) (2g).
SB483,3,25 18(2) No cemetery authority may permit a class A funeral establishment to be
19located in the cemetery. No cemetery authority may have or permit an employe or
20agent of the cemetery to have any ownership, operation or other financial interest
21in a class A funeral establishment. Except as provided in sub. (2m), no cemetery
22authority or employe or agent of a cemetery may, directly or indirectly, receive or
23accept any commission, fee, remuneration or benefit of any kind from a class A
24funeral establishment or from an owner, employe or agent of a class A funeral
25establishment.
SB483, s. 4
1Section 4. 157.067 (2m) (intro.) of the statutes is amended to read:
SB483,4,42 157.067 (2m) (intro.) A cemetery authority may accept a fee or remuneration
3from a class A funeral establishment or from an owner, employe or agent of a class
4A
funeral establishment if all of the following requirements are satisfied:
SB483, s. 5 5Section 5. 157.067 (2m) (b) of the statutes is amended to read:
SB483,4,76 157.067 (2m) (b) The fee or remuneration payment is made on behalf of the
7person who is responsible for paying for the class A funeral establishment's services.
SB483, s. 6 8Section 6. 157.067 (2m) (c) of the statutes is amended to read:
SB483,4,129 157.067 (2m) (c) The class A funeral establishment will be reimbursed for the
10fee or remuneration by charging the person who is responsible for paying the funeral
11expenses an amount that is identical to the amount of the fee or remuneration paid
12by the class A funeral establishment to the cemetery authority.
SB483, s. 7 13Section 7. 440.08 (2) (a) 37. of the statutes, as affected by 1999 Wisconsin Act
149
, is amended to read:
SB483,4,1615 440.08 (2) (a) 37. Funeral establishment, class A: June 1 of each odd-numbered
16year; $47.
SB483, s. 8 17Section 8. 440.08 (2) (a) 37m. of the statutes is created to read:
SB483,4,1918 440.08 (2) (a) 37m. Funeral establishment, class B: June 1 of each
19odd-numbered year; $47.
SB483, s. 9 20Section 9. 445.01 (2) of the statutes is amended to read:
SB483,5,221 445.01 (2) An "apprentice funeral director" is any person engaged in the
22learning of the practice of funeral directing under the instruction and personal
23supervision of a duly licensed and registered funeral director under this chapter,
24whose class A funeral establishment is located in this state; provided, that no person
25shall serve or attempt to serve as such apprentice funeral director under any such

1funeral director until the person has filed registration thereof with the examining
2board.
SB483, s. 10 3Section 10. 445.01 (2r) of the statutes is created to read:
SB483,5,74 445.01 (2r) "Class B funeral establishment" means any building or part of a
5building, other than a class A funeral establishment, private residence, church or
6lodge hall, in which an operator of a class A funeral establishment holds or conducts
7funeral services.
SB483, s. 11 8Section 11. 445.01 (5) (c) of the statutes is amended to read:
SB483,5,129 445.01 (5) (c) A person who, in connection with his or her name or class A
10funeral establishment, uses the words, "funeral director", "mortician" or any other
11title implying that he or she is engaged as a funeral director as defined in this
12subsection.
SB483, s. 12 13Section 12. 445.01 (6) of the statutes is renumbered 445.01 (2g) and amended
14to read:
SB483,5,2515 445.01 (2g) "Funeral Class A funeral establishment" means any building or
16part of a building used and held out to the public as being used in the care and
17preparation for burial or transportation of dead human bodies or for holding or
18conducting of funeral services. "Funeral Class A funeral establishment" does not
19include a class B funeral establishment or a building or part of a building that is
20erected under s. 157.11 (1) for holding or conducting funeral services if dead human
21bodies are not cared for or prepared for burial or transportation in the building. A
22class A funeral establishment must contain a preparation room equipped with tile,
23cement or composition floor, necessary drainage and ventilation and contain
24necessary instruments and supplies for the preparation and embalming of dead
25human bodies for burial, transportation or other disposition.
SB483, s. 13
1Section 13. 445.01 (7) of the statutes is amended to read:
SB483,6,32 445.01 (7) "Operator of class A funeral establishment" means any person who
3conducts, maintains, manages or operates a class A funeral establishment.
SB483, s. 14 4Section 14. 445.04 (1) of the statutes is amended to read:
SB483,6,95 445.04 (1) The Except for funeral services held or conducted in a class B funeral
6establishment for which a permit has been issued under s. 445.105 (1m), the
business
7of a funeral director must be conducted in a class A funeral establishment equipped
8for the care and preparation for burial or transportation of dead human bodies. What
9shall be deemed "necessary equipment" shall be defined in the rules.
SB483, s. 15 10Section 15. 445.06 of the statutes is amended to read:
SB483,6,24 11445.06 Renewal of licenses. The renewal date and renewal fee for a funeral
12directors' license are specified under s. 440.08 (2) (a). Before any renewal license is
13delivered to any licensed funeral director, proof must be furnished by the applicant,
14to the satisfaction of the examining board, that the applicant is doing business at a
15recognized class A funeral establishment, except that if such applicant is not doing
16business at a recognized class A funeral establishment at the time of application for
17a license, the applicant shall be given a certificate, without additional cost, to the
18effect that the applicant is in good standing as a funeral director, and shall be entitled
19to a renewal license at any time during that license period, when located at a
20recognized class A funeral establishment, without payment of any additional
21renewal fee. The applicant must also furnish proof of completion of at least 15 hours
22of continuing education during the previous 2-year licensure period, except that new
23licensees are exempt from this requirement during the time between initial licensure
24and commencement of a full 2-year licensure period.
SB483, s. 16 25Section 16. 445.095 (2) (b) of the statutes is amended to read:
SB483,7,3
1445.095 (2) (b) The term of a registered apprentice shall be recognized only
2when given employment in a class A funeral establishment under the personal
3supervision of a licensed funeral director.
SB483, s. 17 4Section 17. 445.095 (2) (c) of the statutes is amended to read:
SB483,7,85 445.095 (2) (c) Only one funeral director apprenticeship shall be recognized by
6the examining board at any one class A funeral establishment in a current year that
7has had less than 150 funeral services, as determined under par. (e), or prepared less
8than 150 bodies for burial or shipment during the preceding year.
SB483, s. 18 9Section 18. 445.095 (2) (d) of the statutes is amended to read:
SB483,7,1510 445.095 (2) (d) The examining board may recognize a 2nd funeral director
11apprenticeship at a class A funeral establishment during the current year that has
12had 150 funerals or more, as determined under par. (e), and has prepared 150 bodies
13or more for burial or shipment during the preceding year, provided that full-time
14employment is given to at least 2 licensed funeral directors at such class A funeral
15establishment.
SB483, s. 19 16Section 19. 445.095 (2) (e) of the statutes is created to read:
SB483,7,2117 445.095 (2) (e) For purposes of pars. (c) and (d), the number of funeral services
18held at a class A funeral establishment during a year shall include the number of
19funeral services held during that year at any class B funeral establishment for which
20the operator of the class A funeral establishment has been issued a permit under s.
21445.105 (1m).
SB483, s. 20 22Section 20. 445.105 (1) of the statutes is amended to read:
SB483,8,223 445.105 (1) No person shall conduct, maintain, manage or operate a class A
24funeral establishment unless a permit for each such class A funeral establishment
25has been issued by the examining board and is conspicuously displayed in such class

1A
funeral establishment. In case of funeral services held in any private residence,
2church, or lodge hall, no permit shall be required.
SB483, s. 21 3Section 21. 445.105 (1m) of the statutes is created to read:
SB483,8,154 445.105 (1m) No operator of a class A funeral establishment may hold or
5conduct funeral services in any class B funeral establishment unless a permit for the
6class A funeral establishment has been issued under sub. (1) and the operator of the
7class A funeral establishment has been issued a permit for each class B funeral
8establishment by the examining board under this subsection. The examining board
9may not require a class B funeral establishment to have in charge, full time therein,
10a licensed funeral director as a condition for issuing a permit under this subsection.
11An operator of a class A funeral establishment that has been issued a permit for a
12class B funeral establishment under this subsection shall conspicuously display the
13permit in the class B funeral establishment and any licensed funeral director
14employed by the operator of the class A funeral establishment may display his or her
15funeral director's license in the class B funeral establishment.
SB483, s. 22 16Section 22. 445.105 (2), (3), (4) and (5) of the statutes are amended to read:
SB483,8,1917 445.105 (2) No permit to operate a class A funeral establishment shall be issued
18by the examining board unless each such class A funeral establishment has in
19charge, full time therein, a licensed funeral director.
SB483,8,24 20(3) Applications for class A and class B funeral establishment permits shall be
21made on forms provided by the department and filed with the department and shall
22be accompanied by the fee specified under s. 440.05 (1). The renewal date and
23renewal fee for a class A or class B funeral establishment permit are specified under
24s. 440.08 (2) (a).
SB483,9,5
1(4) Violations of this chapter or any rules or regulations of the examining board
2committed by any person, or an officer, agent or employe with the knowledge or
3consent of any person operating such class A or class B funeral establishments shall
4be considered sufficient cause for reprimand or for limitation, suspension or
5revocation of such funeral establishment permit the permits.
SB483,9,9 6(5) No operator of a class A funeral establishment shall allow any licensed
7funeral director to operate out of such the class A funeral establishment unless such
8the licensed funeral director is the operator of or an employe of the operator of a class
9A
funeral establishment which has been granted a permit by the examining board.
SB483, s. 23 10Section 23. 445.12 (3) (intro.) of the statutes is amended to read:
SB483,9,1611 445.12 (3) (intro.) No licensed funeral director or operator of a class A funeral
12establishment may, directly or indirectly, solicit a funeral service or the right to
13prepare a dead human body for burial or transportation either before or after death
14has occurred, or pay or cause to be paid any sum of money or other valuable
15consideration for the securing of the right to do such work. This subsection does not
16prohibit any of the following:
SB483, s. 24 17Section 24. 445.12 (3) (b) of the statutes is amended to read:
SB483,9,2218 445.12 (3) (b) The solicitation or sale of burial agreements under s. 445.125 (1)
19by a licensed funeral director, operator of a class A funeral establishment or agent
20of a licensed funeral director or operator of a class A funeral establishment
and the
21solicitation and sale of burial agreements under s. 445.125 (3m) to the extent
22permitted under sub. (3g) and s. 445.125 (3m).
SB483, s. 25 23Section 25. 445.12 (3g) (a) (intro.) of the statutes is amended to read:
SB483,9,2524 445.12 (3g) (a) (intro.) Except as provided in pars. (b) and (c), a licensed funeral
25director, agent of a licensed funeral director, operator of a class A funeral

1establishment or agent of an operator of a class A funeral establishment may not
2solicit the sale of a burial agreement under s. 445.125 (3m) by doing any of the
3following:
SB483, s. 26 4Section 26. 445.12 (3g) (b) (intro.) of the statutes is amended to read:
SB483,10,85 445.12 (3g) (b) (intro.) A licensed funeral director, agent of a licensed funeral
6director, operator of a class A funeral establishment or agent of an operator of a class
7A
funeral establishment may solicit the sale of a burial agreement under s. 445.125
8(3m) by contacting any person if any of the following applies:
SB483, s. 27 9Section 27. 445.12 (3g) (c) of the statutes is amended to read:
SB483,10,1410 445.12 (3g) (c) Paragraph (a) 3. does not prohibit a licensed funeral director,
11agent of a licensed funeral director, operator of a class A funeral establishment or
12agent of an operator of a class A funeral establishment from using mass-marketing
13practices or in-person contacts or communications permitted under this section or
14by a rule promulgated by the examining board under s. 445.125 (3m) (j) 2.
SB483, s. 28 15Section 28. 445.12 (3r) (intro.) of the statutes is amended to read:
SB483,10,1716 445.12 (3r) (intro.) No licensed funeral director or operator of a class A funeral
17establishment may do any of the following:
SB483, s. 29 18Section 29. 445.12 (3r) (a) of the statutes is amended to read:
SB483,10,2219 445.12 (3r) (a) Require a person who enters into a burial agreement under s.
20445.125 (3m) to purchase a life insurance policy used to fund the agreement from an
21insurance intermediary licensed under ch. 628 who is specified by the funeral
22director or operator of the class A funeral establishment.
SB483, s. 30 23Section 30. 445.12 (4) of the statutes is amended to read:
SB483,11,524 445.12 (4) No licensed funeral director or operator of a class A funeral
25establishment may publish, or cause to be published, any false, misleading or

1fraudulent advertisement, or take undue advantage of patrons or commit any
2fraudulent act in the conduct of business, or do any other act not in accord with the
3rules established by the department of health and family services and the examining
4board and not in accord with proper business practice as applied to the business or
5profession of funeral directing and embalming.
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