SB539: Bill Text

LRB-1361/8

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2003 - 2004 LEGISLATURE

2003 Senate BILL 539

March 9, 2004 - Introduced by Senator Schultz. Referred to Committee on Health, Children, Families, Aging and Long Term Care.

SB539,1,7 An Act to repeal 445.105 (2); to renumber 445.16; to renumber and amend 445.01 (5) (a); to amend 30.67 (6) (b), 69.18 (1) (a) 3., 157.067 (1), 252.15 (5) (a) 7., 445.01 (6), 445.04 (1), 445.095 (2) (c), 445.105 (1) and 445.15 (1); and to create 445.01 (2m), 445.01 (4g), 445.01 (4r), 445.01 (5) (a) 3., 445.01 (6g), 445.01 (9), 445.105 (2m), 445.145 and 445.16 (2) of the statutes; relating to: regulating funeral directors and funeral establishments, regulating cremation and funeral advertising, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes various changes to the regulation of funeral establishments and directors and creates requirements for printed advertising for cremation and funeral services.

Funeral establishments and directors

Under current law, a person is prohibited from operating a funeral establishment unless the funeral directors examining board (board) has issued a permit for the funeral establishment. With certain exceptions, a "funeral establishment" is defined as any building or part of a building that is used for any of the following: 1) the care and preparation for burial or transportation of dead human bodies; or 2) holding or conducting funeral services. In addition, a funeral establishment must have a preparation room for preparing and embalming dead human bodies. Current law prohibits the board from issuing a permit unless a funeral director licensed by the board is in full-time charge of the funeral establishment. As a result, a funeral director may be in charge of only one funeral establishment.

Under this bill, a funeral establishment must satisfy the following requirements to receive a permit: 1) the funeral establishment must have a seating capacity of 50 or more persons; 2) the building or structure in which the funeral establishment is located must not contain more than one other business that does not provide goods or services related to funerals, burials, or the final disposition of human remains; and 3) such building or structure must be affixed to real property.

Also, the bill requires a licensed funeral director to be in charge of the funeral establishment. Unlike under current law, the funeral director does not have to be in full-time charge. However, under the bill, the funeral director may be in charge of no more than two other funeral establishments. In addition, at least one of the funeral establishments of which the funeral director is in charge must have a preparation room. Therefore, unlike under current law, a funeral establishment does not have to have a preparation room, provided that the following two conditions are satisfied: 1) no preparation or embalming of dead human bodies takes place at the funeral establishment; and 2) the funeral director in charge of the funeral establishment is also in charge of another funeral establishment that has a preparation room.

The bill also prohibits the board from issuing a funeral establishment permit to a medical care institution, church, synagogue, mosque, or religious organization.

The bill also makes changes regarding the regulation of funeral directors. Under current law, a person may not act as a funeral director unless he or she is licensed by the board, and "funeral director" is defined as a person who conducts, or holds himself or herself out as conducting, embalming or otherwise preparing for, or supervising, the burial or disposal of dead human bodies. In addition, current law requires the business of a funeral director to be conducted in a funeral establishment.

The bill changes the definition of "funeral director" so that it also includes a person who, for compensation, makes "funeral arrangements", which are defined as the provision of information or advice on the selection and cost of facilities or funeral services provided for the final disposition of a dead human body. The bill specifies that a person is a funeral director even if he or she makes funeral arrangements incidentally in the conduct of a profession or occupation in which he or she is primarily employed. As a result, under the bill, a person may not make funeral arrangements unless he or she is licensed as a funeral director. However, the bill creates an exception to this prohibition for funeral arrangements made for a deceased "family member," which the bill defines as a spouse, parent, or child, or a person related by blood or adoption. Also, the bill creates an exception for persons licensed by the Office of the Commissioner of Insurance who sell or solicit the sale of certain burial agreements. The bill also allows a funeral director to make funeral arrangements or conduct funeral services outside a funeral establishment. However, as under current law, any other business of a funeral director must be conducted in a funeral establishment.

The bill also prohibits the board from issuing a funeral establishment permit to a medical care institution, church, synagogue, mosque, or religious organization.

In addition, the bill provides that a person who violates state law regulating funeral establishments or funeral directors may be subject to a fine of no more than $5,000, imprisonment for between 30 days and three months, or both. Under current law, the potential fine is limited to between $50 and $200.

The bill does not affect the exemptions under current law from funeral establishment and director regulation that apply to the following: 1) certain funeral buildings in cemeteries; 2) certain persons involved in the anatomical study of indigent dead human bodies; 3) public officers and institutions; or 4) the customs or rites of any religious sect in the burial of their dead.

Printed advertising

The bill prohibits a person from making an advertisement representing that the person conducts the business of a funeral director or provides any funeral or cremation service, unless the advertisement includes the address of one funeral establishment or place of business at which the person conducts such business or provides such services. This prohibition applies to any advertisement by newspaper, periodical, Internet web page, telephone book listing, direct mail, or electronic mail solicitation.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local 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:

SB539, s. 1 Section 1. 30.67 (6) (b) of the statutes is amended to read:

SB539,4,11 30.67 (6) (b) In cases of death involving a boat in which the person died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall 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 morticians funeral directors, as defined in s. 445.01 (5), shall obtain a release from the coroner or medical examiner 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 state health officer 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 analysis to the state health officer. The state health officer shall keep a record of all examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the state health officer. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

SB539, s. 2 Section 2. 69.18 (1) (a) 3. of the statutes is amended to read:

SB539,4,13 69.18 (1) (a) 3. A person acting under s. 157.02 or 445.16 (1).

SB539, s. 3 Section 3. 157.067 (1) of the statutes is amended to read:

SB539,4,19 157.067 (1) In this section, "funeral establishment" has the meaning given in s. 445.01 (6), except that "funeral establishment" does not include 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 embalmed, cared for, or prepared for burial or transportation, in the building.

SB539, s. 4 Section 4. 252.15 (5) (a) 7. of the statutes is amended to read:

SB539,4,24 252.15 (5) (a) 7. To a funeral director, as defined under s. 445.01 (5) (a) 1. or 2. or (c) or to other persons who prepare the body of a decedent for burial or other disposition or to a person who performs an autopsy or assists in performing an autopsy.

SB539, s. 5 Section 5. 445.01 (2m) of the statutes is created to read:

SB539,5,2 445.01 (2m) "Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.

SB539, s. 6 Section 6. 445.01 (4g) of the statutes is created to read:

SB539,5,5 445.01 (4g) "Family member" means a spouse, parent, or child, or a person related by blood or adoption to another person.

SB539, s. 7 Section 7. 445.01 (4r) of the statutes is created to read:

SB539,5,9 445.01 (4r) "Funeral arrangements" means the provision of information or advice on the selection and cost of facilities or funeral services provided for the final disposition of a dead human body.

SB539, s. 8 Section 8. 445.01 (5) (a) of the statutes is renumbered 445.01 (5) (a) (intro.) and amended to read:

SB539,5,13 445.01 (5) (a) (intro.) A person engaged in or conducting, or holding himself or herself out, in whole or in part, as being engaged in embalming any of the following:

SB539,5,15 1. Embalming or otherwise preparing for the burial or disposal, or directing of dead human bodies.

SB539,5,16 2. Directing and supervising the burial or disposal , of dead human bodies.

SB539, s. 9 Section 9. 445.01 (5) (a) 3. of the statutes is created to read:

SB539,5,21 445.01 (5) (a) 3. For compensation, making funeral arrangements, including any funeral arrangements that are incidentally made in the conduct of the profession or occupation in which the person is primarily employed, but not including any funeral arrangements that a person makes for a deceased family member.

SB539, s. 10 Section 10. 445.01 (6) of the statutes is amended to read:

SB539,6,7 445.01 (6) "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 caring or preparing for the burial or transportation of dead human bodies or for holding or conducting of funeral services. "Funeral establishment" does not include 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 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.

SB539, s. 11 Section 11. 445.01 (6g) of the statutes is created to read:

SB539,6,12 445.01 (6g) "Funeral services" means ceremonies held in conjunction with the disposition of the dead, including visitation, religious rites, memorials, and graveside services, whether or not a dead human body is present during the ceremonies.

SB539, s. 12 Section 12. 445.01 (9) of the statutes is created to read:

SB539,6,16 445.01 (9) "Preparation room" means any building or part of a building used for embalming, caring for, or preparing for burial or transportation dead human bodies.