SB483: Bill Text

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:

SB483,7,15 445.095 (2) (d) The examining board may recognize a 2nd funeral director apprenticeship at a class A funeral establishment during the current year that has had 150 funerals or more, as determined under par. (e), and has prepared 150 bodies or more for burial or shipment during the preceding year, provided that full-time employment is given to at least 2 licensed funeral directors at such class A funeral establishment.

SB483, s. 19 Section 19. 445.095 (2) (e) of the statutes is created to read:

SB483,7,21 445.095 (2) (e) For purposes of pars. (c) and (d), the number of funeral services held at a class A funeral establishment during a year shall include the number of funeral services held during that year at any class B funeral establishment for which the operator of the class A funeral establishment has been issued a permit under s. 445.105 (1m).

SB483, s. 20 Section 20. 445.105 (1) of the statutes is amended to read:

SB483,8,2 445.105 (1) No person shall conduct, maintain, manage or operate a class A funeral establishment unless a permit for each such class A funeral establishment has been issued by the examining board and is conspicuously displayed in such class A funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit shall be required.

SB483, s. 21 Section 21. 445.105 (1m) of the statutes is created to read:

SB483,8,15 445.105 (1m) No operator of a class A funeral establishment may hold or conduct funeral services in any class B funeral establishment unless a permit for the class A funeral establishment has been issued under sub. (1) and the operator of the class A funeral establishment has been issued a permit for each class B funeral establishment by the examining board under this subsection. The examining board may not require a class B funeral establishment to have in charge, full time therein, a licensed funeral director as a condition for issuing a permit under this subsection. An operator of a class A funeral establishment that has been issued a permit for a class B funeral establishment under this subsection shall conspicuously display the permit in the class B funeral establishment and 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.

SB483, s. 22 Section 22. 445.105 (2), (3), (4) and (5) of the statutes are amended to read:

SB483,8,19 445.105 (2) No permit to operate a class A funeral establishment shall be issued by the examining board unless each such class A funeral establishment has in charge, full time therein, a licensed funeral director.

SB483,8,24 (3) Applications for class A and class B funeral establishment permits shall be made on forms provided by the department and filed with the department and shall be accompanied by the fee specified under s. 440.05 (1). The renewal date and renewal fee for a class A or class B funeral establishment permit are specified under s. 440.08 (2) (a).

SB483,9,5 (4) Violations of this chapter or any rules or regulations of the examining board committed by any person, or an officer, agent or employe with the knowledge or consent of any person operating such class A or class B funeral establishments shall be considered sufficient cause for reprimand or for limitation, suspension or revocation of such funeral establishment permit the permits.

SB483,9,9 (5) No operator of a class A funeral establishment shall allow any licensed funeral director to operate out of such the class A funeral establishment unless such the licensed funeral director is the operator of or an employe of the operator of a class A funeral establishment which has been granted a permit by the examining board.

SB483, s. 23 Section 23. 445.12 (3) (intro.) of the statutes is amended to read:

SB483,9,16 445.12 (3) (intro.) No licensed funeral director or operator of a class A funeral establishment may, directly or indirectly, solicit a funeral service or the right to prepare a dead human body for burial or transportation either before or after death has occurred, or pay or cause to be paid any sum of money or other valuable consideration for the securing of the right to do such work. This subsection does not prohibit any of the following:

SB483, s. 24 Section 24. 445.12 (3) (b) of the statutes is amended to read:

SB483,9,22 445.12 (3) (b) The solicitation or sale of burial agreements under s. 445.125 (1) by a licensed funeral director, operator of a class A funeral establishment or agent of a licensed funeral director or operator of a class A funeral establishment and the solicitation and sale of burial agreements under s. 445.125 (3m) to the extent permitted under sub. (3g) and s. 445.125 (3m).

SB483, s. 25 Section 25. 445.12 (3g) (a) (intro.) of the statutes is amended to read:

SB483,9,25 445.12 (3g) (a) (intro.) Except as provided in pars. (b) and (c), a licensed funeral director, agent of a licensed funeral director, operator of a class A funeral establishment or agent of an operator of a class A funeral establishment may not solicit the sale of a burial agreement under s. 445.125 (3m) by doing any of the following:

SB483, s. 26 Section 26. 445.12 (3g) (b) (intro.) of the statutes is amended to read:

SB483,10,8 445.12 (3g) (b) (intro.) A licensed funeral director, agent of a licensed funeral director, operator of a class A funeral establishment or agent of an operator of a class A funeral establishment may solicit the sale of a burial agreement under s. 445.125 (3m) by contacting any person if any of the following applies:

SB483, s. 27 Section 27. 445.12 (3g) (c) of the statutes is amended to read:

SB483,10,14 445.12 (3g) (c) Paragraph (a) 3. does not prohibit a licensed funeral director, agent of a licensed funeral director, operator of a class A funeral establishment or agent of an operator of a class A funeral establishment from using mass-marketing practices or in-person contacts or communications permitted under this section or by a rule promulgated by the examining board under s. 445.125 (3m) (j) 2.

SB483, s. 28 Section 28. 445.12 (3r) (intro.) of the statutes is amended to read:

SB483,10,17 445.12 (3r) (intro.) No licensed funeral director or operator of a class A funeral establishment may do any of the following:

SB483, s. 29 Section 29. 445.12 (3r) (a) of the statutes is amended to read:

SB483,10,22 445.12 (3r) (a) Require a person who enters into a burial agreement under s. 445.125 (3m) to purchase a life insurance policy used to fund the agreement from an insurance intermediary licensed under ch. 628 who is specified by the funeral director or operator of the class A funeral establishment.

SB483, s. 30 Section 30. 445.12 (4) of the statutes is amended to read:

SB483,11,5 445.12 (4) No licensed funeral director or operator of a class A funeral establishment may publish, or cause to be published, any false, misleading or fraudulent advertisement, or take undue advantage of patrons or commit any fraudulent act in the conduct of business, or do any other act not in accord with the rules established by the department of health and family services and the examining board and not in accord with proper business practice as applied to the business or profession of funeral directing and embalming.

SB483, s. 31 Section 31. 445.12 (6) of the statutes is amended to read:

SB483,11,16 445.12 (6) No licensed funeral director or operator of a class A funeral establishment may operate a mortuary or class A or class B funeral establishment that is located in a cemetery or that is financially, through an ownership or operation interest or otherwise, connected with a cemetery. No licensed funeral director or his or her employe may, directly or indirectly, receive or accept any commission, fee, remuneration or benefit of any kind from any cemetery, mausoleum or crematory or from any owner, employe or agent thereof in connection with the sale or transfer of any cemetery lot, outer burial container, burial privilege or cremation, nor act, directly or indirectly, as a broker or jobber of any cemetery property or interest therein.

SB483, s. 32 Section 32. 445.12 (7) of the statutes is amended to read:

SB483,11,23 445.12 (7) No licensed funeral director or operator of a class A funeral establishment may sell or cause to be sold any shares of stocks, certificates of membership or any other form of certificate which provides for any burial benefit or any rebate at the time of death to the holders thereof. This subsection does not prohibit the sale of burial agreements to the extent permitted under, and that are in conformity with, s. 445.125 (3m).

SB483, s. 33 Section 33. 445.125 (3m) (a) 3m. of the statutes is created to read:

SB483,12,2 445.125 (3m) (a) 3m. "Funeral establishment" means a class A funeral establishment.

SB483, s. 34 Section 34. 445.13 (1) of the statutes is amended to read:

SB483,12,15 445.13 (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations, subpoena witnesses, conduct hearings, limit, suspend or revoke a license of a funeral director, a certificate of registration of an apprentice or a permit of an operator of a class A or class B funeral establishment and reprimand a funeral director, apprentice or operator of a class A or class B funeral establishment for any violation of 15 USC 45 and 57, of this chapter or of any rule of the department of health and family services or the examining board, for unprofessional conduct, including misrepresentation or fraud in obtaining the license, permit or certificate of registration, or for any violation of this chapter or any rule of the examining board by an agent authorized by the funeral director or operator of the class A or class B funeral establishment under s. 445.125 (3m) (b) 2. a.

SB483, s. 35 Section 35. 445.15 (1m) of the statutes is amended to read:

SB483,12,22 445.15 (1m) A funeral director or operator of a class A funeral establishment who violates s. 445.12 (3r) shall be fined not more than $5,000 for each violation. Each day that an insurance intermediary authorized by a funeral director or operator of a class A funeral establishment fails to meet the training requirements established by the examining board by rule under s. 445.125 (3m) (j) 1. a. constitutes a separate violation of s. 445.12 (3r) (b).

SB483, s. 36 Section 36. 614.82 (2) of the statutes is amended to read:

SB483,13,10 614.82 (2) Institutions for carrying out fraternal activities. A fraternal may create, maintain and operate social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious institutions for the benefit of its members or their families or dependents or for children insured by the fraternal. For that purpose, it may own, hold or lease real or personal property within or outside of this state. No funeral or undertaking or class A or class B funeral establishment may be owned or operated by the fraternal. All such property shall be reported in the annual statement or an appendix thereto but shall be given only nominal value in the statement. No profit may be made on such institutions, but the income and expenditures shall be reported separately in or as an appendix to the annual statement. Any such institution may be separately incorporated under ch. 181 and ownership of its stock shall be reported at nominal value.

SB483, s. 37 Section 37. 632.41 (2) (b) 1. of the statutes is amended to read:

SB483,13,19 632.41 (2) (b) 1. A life insurance policy may provide for the assignment of the proceeds of the policy to a funeral director or operator of a class A funeral establishment if the insurance intermediary who sells or solicits the sale of the policy is not an agent of the funeral director or operator of the class A funeral establishment or if the assignment of proceeds is contingent on the provision of funeral merchandise or funeral services as provided for in a burial agreement that satisfies the requirements of s. 445.125 (3m) and rules promulgated by the funeral directors examining board under s. 445.125 (3m) (j) 1. b.

SB483, s. 38 Section 38. 632.41 (2) (b) 3. of the statutes is amended to read:

SB483,13,25 632.41 (2) (b) 3. A life insurance policy sold under subd. 1. shall permit the policyholder to designate a different beneficiary, after written notice to the current beneficiary, and a different funeral director or operator of a class A funeral establishment that is to receive the assignment of proceeds, after written notice to the current funeral director or operator of the class A funeral establishment.

SB483, s. 39 Section 39. Initial applicability.

SB483,14,4 (1) The treatment of section 445.13 (1) of the statutes first applies to unprofessional conduct and violations that occur on the effective date of this subsection.

SB483, s. 40 Section 40. Effective date.

SB483,14,7 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB483,14,8 (End)