SB539, s. 3
14Section
3. 157.067 (1) of the statutes is amended to read:
SB539,4,1915
157.067
(1) In this section, "funeral establishment" has the meaning given in
16s. 445.01 (6)
, except that "funeral establishment" does not include a building or part
17of a building that is erected under s. 157.11 (1) for holding or conducting funeral
18services if dead human bodies are not embalmed, cared for, or prepared for burial or
19transportation, in the building.
SB539, s. 4
20Section
4. 252.15 (5) (a) 7. of the statutes is amended to read:
SB539,4,2421
252.15
(5) (a) 7. To a funeral director, as defined under s. 445.01 (5)
(a) 1. or 2.
22or (c) or to other persons who prepare the body of a decedent for burial or other
23disposition or to a person who performs an autopsy or assists in performing an
24autopsy.
SB539, s. 5
25Section
5. 445.01 (2m) of the statutes is created to read:
SB539,5,2
1445.01
(2m) "Compensation" means direct or indirect payment, including the
2expectation of payment whether or not actually received.
SB539, s. 6
3Section
6. 445.01 (4g) of the statutes is created to read:
SB539,5,54
445.01
(4g) "Family member" means a spouse, parent, or child, or a person
5related by blood or adoption to another person.
SB539, s. 7
6Section
7. 445.01 (4r) of the statutes is created to read:
SB539,5,97
445.01
(4r) "Funeral arrangements" means the provision of information or
8advice on the selection and cost of facilities or funeral services provided for the final
9disposition of a dead human body.
SB539, s. 8
10Section
8. 445.01 (5) (a) of the statutes is renumbered 445.01 (5) (a) (intro.)
11and amended to read:
SB539,5,1312
445.01
(5) (a) (intro.) A person engaged in or conducting, or holding himself or
13herself out, in whole or in part, as being engaged in
embalming any of the following:
SB539,5,15
141. Embalming or otherwise preparing for the burial or disposal
, or directing of
15dead human bodies.
SB539,5,16
162. Directing and supervising the burial or disposal
, of dead human bodies.
SB539, s. 9
17Section
9. 445.01 (5) (a) 3. of the statutes is created to read:
SB539,5,2118
445.01
(5) (a) 3. For compensation, making funeral arrangements, including
19any funeral arrangements that are incidentally made in the conduct of the profession
20or occupation in which the person is primarily employed, but not including any
21funeral arrangements that a person makes for a deceased family member.
SB539, s. 10
22Section
10. 445.01 (6) of the statutes is amended to read:
SB539,6,723
445.01
(6) "Funeral establishment" means any building or part of a building
24used and held out to the public as being used
in the care and preparation for
caring
25or preparing for the burial or transportation of dead human bodies or for holding or
1conducting of funeral services.
"Funeral establishment" does not include a building
2or part of a building that is erected under s. 157.11 (1) for holding or conducting
3funeral services if dead human bodies are not cared for or prepared for burial or
4transportation in the building. A funeral establishment must contain a preparation
5room equipped with tile, cement or composition floor, necessary drainage and
6ventilation and contain necessary instruments and supplies for the preparation and
7embalming of dead human bodies for burial, transportation or other disposition.
SB539, s. 11
8Section
11. 445.01 (6g) of the statutes is created to read:
SB539,6,129
445.01
(6g) "Funeral services" means ceremonies held in conjunction with the
10disposition of the dead, including visitation, religious rites, memorials, and
11graveside services, whether or not a dead human body is present during the
12ceremonies.
SB539, s. 12
13Section
12. 445.01 (9) of the statutes is created to read:
SB539,6,1614
445.01
(9) "Preparation room" means any building or part of a building used
15for embalming, caring for, or preparing for burial or transportation dead human
16bodies.
SB539, s. 13
17Section
13. 445.04 (1) of the statutes is amended to read:
SB539,6,2218
445.04
(1) The Except for making funeral arrangements or conducting funeral
19services, the business of a funeral director must be conducted in a funeral
20establishment
equipped for the care and preparation for burial or transportation of
21dead human bodies. What shall be deemed "necessary equipment" shall be defined
22in the rules that has been issued a permit by the examining board.
SB539, s. 14
23Section
14. 445.095 (2) (c) of the statutes is amended to read:
SB539,7,224
445.095
(2) (c) Only one funeral director apprenticeship shall be recognized by
25the examining board at any one
funeral establishment in a current year that has had
1less than 150 funeral services or prepared less than 150 bodies for burial or shipment
2during the preceding year.
SB539, s. 15
3Section
15. 445.105 (1) of the statutes is amended to read:
SB539,7,124
445.105
(1) No person
shall may conduct, maintain, manage
, or operate
a any 5funeral establishment unless
the examining board has issued the person a permit
6for
each such the funeral establishment
has been issued by the examining board and
7the permit is conspicuously displayed in
such the funeral establishment
. In case of,
8except that a permit is not required for funeral services held in any
building or part
9of a building that is erected under s. 157.11 (1), private residence, church, or lodge
10hall,
no permit shall be required if dead human bodies are not embalmed, cared for,
11or prepared for burial or transportation, in the building, residence, church, or lodge
12hall.
SB539, s. 16
13Section
16. 445.105 (2) of the statutes is repealed.
SB539, s. 17
14Section
17. 445.105 (2m) of the statutes is created to read:
SB539,7,1615
445.105
(2m) The examining board may not issue a permit to operate a funeral
16establishment unless all of the following are satisfied:
SB539,7,1717
(a) The funeral establishment has a seating capacity of 50 or more persons.
SB539,7,2018
(b) The building or structure in which the funeral establishment is located
19contains no more than one other business that does not provide goods or services
20related to funerals, burials, or the final disposition of human remains.
SB539,7,2221
(c) The building or structure in which the funeral establishment is located is
22affixed to real property.
SB539,8,223
(d) A licensed funeral director is in charge of the funeral establishment and the
24funeral director is also in charge of no more than two other funeral establishments
1and at least one of the funeral establishments of which the funeral director is in
2charge has a preparation room.
SB539,8,103
(e) If the funeral establishment is used for caring or preparing for burial or
4transportation of dead human bodies, the funeral establishment has a preparation
5room; the preparation room is equipped with a tile, cement, or composition floor; and
6the preparation room has necessary drainage and ventilation and contains
7necessary equipment, instruments, and supplies for the preparation and embalming
8of dead human bodies for burial, transportation, or other disposition. The examining
9board shall promulgate rules specifying the equipment, instruments, and supplies
10that are necessary for purposes of this paragraph.
SB539,8,1411
(f) The operator of the funeral establishment is not an operator of a medical care
12institution, as defined in s. 610.70 (1) (e), or a church, synagogue, or mosque, or any
13organization, whether or not organized under ch. 187, that operates under a creed,
14as defined in s. 111.32 (3m).
SB539, s. 18
15Section
18. 445.145 of the statutes is created to read:
SB539,8,21
16445.145 Printed advertising. A person may not, in any advertisement by
17newspaper, periodical, Internet web page, telephone book listing, direct mail, or
18electronic mail solicitation, represent that the person conducts the business of a
19funeral director or provides any funeral or cremation service, unless the
20advertisement includes the address of one funeral establishment or place of business
21at which the person conducts such business or provides such services.
SB539, s. 19
22Section
19. 445.15 (1) of the statutes is amended to read:
SB539,9,223
445.15
(1) Except as provided in sub. (1m), any person violating any provision
24of this chapter or any rule of the department of health and family services and the
25examining board relating to its subject matter, shall be fined not
less than $50 nor
1more than
$200, or $5,000, imprisoned not less than 30 days nor more than 3 months
,
2or both.
SB539, s. 20
3Section
20. 445.16 of the statutes is renumbered 445.16 (1).
SB539, s. 21
4Section
21. 445.16 (2) of the statutes is created to read:
SB539,9,85
445.16
(2) This chapter does not require an insurance intermediary licensed
6under ch. 628 to be licensed as a funeral director to sell or solicit the sale of a burial
7agreement, as defined in s. 445.125 (3m) (a) 2., that is funded with the proceeds of
8a life insurance policy.
SB539,9,1210
(1)
Advertisements. The treatment of section 445.145 of the statutes first
11applies to advertisements that are subject to contracts entered into, modified, or
12extended on the effective date of this subsection.
SB539,9,1413
(2)
Violations. The treatment of section 445.15 (1) of the statutes first applies
14to violations occurring on the effective date of this subsection.
SB539,9,1716
(1) This act takes effect on the first day of the 7th month beginning after
17publication.