SB483: Bill Text

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)