2019 - 2020 LEGISLATURE
October 25, 2019 - Introduced by Representatives VanderMeer, Allen, Ballweg,
Born, Dittrich, Felzkowski, Fields, Hebl, Horlacher, James, Knodl, Kulp,
Macco, Novak, Oldenburg, Petryk, Plumer, Rodriguez, Sortwell, Stuck,
Tittl, Tusler and Wittke, cosponsored by Senators Kooyenga, Craig,
Kapenga, Olsen, Johnson and Larson. Referred to Committee on Regulatory
1An Act to repeal
445.095 (5); to renumber
445.095 (1) (b); to renumber and
445.095 (1) (a); to consolidate, renumber and amend
445.095 (1) (d) 3
and (e); and to amend
445.045 (1) (d), 445.045 (1) (e) and 445.045 (1) (f) of the 4
statutes; relating to: requirements for funeral director apprenticeships and
5licenses, extending the time limit for emergency rule procedures, and providing
6an exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
Currently, in order to be eligible for a funeral director license, an individual
must, in addition to satisfying other requirements, have 1) completed a funeral
director apprenticeship; 2) completed two academic years of instruction in a
recognized college or university; and 3) completed nine months or more instruction
in a prescribed course in mortuary science. Current law requires that the nine
months of mortuary science be completed after completing a 16-hour certification
class, which is a prerequisite to beginning the apprenticeship.
This bill 1) requires 24 semester credits of education, instead of two years, in
order to be granted a funeral director license; and 2) eliminates the requirement that
the nine months of instruction in mortuary science be completed after completing a
16-hour certification class. The bill further provides that if an individual completes
the nine months of instruction in mortuary science before beginning an
apprenticeship, the 16-hour certification class is not required to begin the
The bill also makes various nonsubstantive organizational changes to the laws
governing funeral directors.
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:
445.045 (1) (d) of the statutes is amended to read:
(d) The person must have completed 2 24 semester credits 3academic years
of instruction in a recognized college or university, in a course of 4
study approved by the examining board, or have equivalent education.
445.045 (1) (e) of the statutes is amended to read:
(e) The person must have satisfactorily completed 9 months or more 7of
instruction in a prescribed course in mortuary science approved by the examining 8
board at any time after having completed an approved certification class described
9in s. 445.095 (1) (a)
445.045 (1) (f) of the statutes is amended to read:
(f) The person must have completed one year of apprenticeship as 12
prescribed in s. 445.095 at any time after having completed an approved certification
13class described in s. 445.095 (1) (a) and,
either before or after taking the course in 14
mortuary science required by par. (e),
and must have satisfied the requirement under 15
s. 445.095 (4).
445.095 (1) (a) of the statutes is renumbered 445.095 (1) (a) 1. 17
(intro.) and amended to read:
(a) 1. (intro.) A person desiring to become an apprentice as a funeral 19
director and who satisfies all of the following
shall apply on a form provided for the
purpose and appear before the examining board,
or any duly appointed 2
representative of the examining board. The application shall state that the:
applicant is 18 years of age or older
4b. The applicant
holds a high school diploma or possesses equivalent education 5
as defined by the examining board,.
6c. The applicant
does not have an arrest or conviction record, subject to ss. 7
111.321, 111.322, and 111.335, and.
8d. The applicant
has completed a 16-hour certification class approved by the 9
examining board or has satisfied the requirement under s. 445.045 (1) (e)
The application under subd. 1.
must be substantiated by the oath of the 11
applicant and be accompanied by.
121. e. The applicant pays
the fee specified in s. 440.05 (6).
When the examining board is satisfied as to the qualification of that
applicant for apprenticeship satisfies the requirements for granting a certificate of
, it shall issue grant the applicant
a certificate of apprenticeship.
When the an
apprentice enters the employment of a licensed funeral 17
director, the apprentice shall immediately notify the examining board, giving the 18
name and place of business of the funeral director whose service the apprentice has 19
entered. If, at any time thereafter, the apprentice leaves the employment of the 20
licensed funeral director whose service the apprentice has entered, the licensed 21
funeral director shall give the apprentice an affidavit showing the length of time 22
served as an apprentice with that employer, and the work done in detail, which 23
affidavit shall be filed with the examining board and made a matter of record in that 24
office. If the apprentice thereafter enters the employment of another licensed 25
funeral director in this state, the applicant shall forthwith report such employment
to the examining board. No person may serve or attempt to serve as an apprentice
2under a funeral director until the person has notified the examining board as
3required under this subsection.
445.095 (1) (b) of the statutes is renumbered 445.095 (2m).
445.095 (1) (d) and (e) of the statutes are consolidated, renumbered 6
445.095 (3g) and amended to read:
All apprentices registered under this section shall report at least 8
semiannually to the examining board upon forms provided by the examining board.
9The reports shall contain the information required by the examining board 10department
. Failure to submit the required reports shall constitute justification 11grounds
for termination of the apprenticeship.
The semiannual report must shall 12
show the number of hours served by the apprentice and
the number of bodies the 13
apprentice has assisted in embalming,
or otherwise prepared for burial or disposition 14
during such period, and
the number of funeral services at which the apprentice has 15
assisted, and give such any
other information as may be
required by the examining 16
board. The data contained in the report shall be certified to as correct by the licensed 17
funeral director under whom the apprentice has served during such that
445.095 (5) of the statutes is repealed.
(1) The funeral directors examining board may promulgate emergency rules 21
under section 227.24 of the statutes necessary to implement this act. 22
Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules 23
promulgated under this subsection remain in effect until May 1, 2022, or the date on 24
which permanent rules take effect, whichever is sooner. Notwithstanding section 25
227.24 (1) (a) and (3) of the statutes, the examining board is not required to provide
evidence that promulgating a rule under this subsection as an emergency rule is 2
necessary for the preservation of the public peace, health, safety, or welfare and is 3
not required to provide a finding of emergency for a rule promulgated under this 4
(1) The treatment of s. 445.045 (1) (d), (e), and (f) first applies to an application 7
for a funeral director license submitted by an applicant who submitted an application 8
for a certificate of apprenticeship on the effective date of this subsection.
(2) The treatment of s. 445.095 (1) (a) first applies to an application for a 10
certificate of apprenticeship submitted by an applicant on the effective date of this 11
This act takes effect on the first day of the 7th 13
month beginning after publication, except as follows:
) of this act takes effect on the day after publication.