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
Licensing Reform.
AB576,1,6 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)
3and (e); and to amend 445.045 (1) (d), 445.045 (1) (e) and 445.045 (1) (f) of the
4statutes; 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:
AB576,1 1Section 1. 445.045 (1) (d) of the statutes is amended to read:
AB576,2,42 445.045 (1) (d) The person must have completed 2 24 semester credits
3academic years of instruction in a recognized college or university, in a course of
4study approved by the examining board, or have equivalent education.
AB576,2 5Section 2. 445.045 (1) (e) of the statutes is amended to read:
AB576,2,96 445.045 (1) (e) The person must have satisfactorily completed 9 months or more
7of instruction in a prescribed course in mortuary science approved by the examining
8board at any time after having completed an approved certification class described
9in s. 445.095 (1) (a)
AB576,3 10Section 3. 445.045 (1) (f) of the statutes is amended to read:
AB576,2,1511 445.045 (1) (f) The person must have completed one year of apprenticeship as
12prescribed 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
14mortuary science required by par. (e), and must have satisfied the requirement under
15s. 445.095 (4).
AB576,4 16Section 4. 445.095 (1) (a) of the statutes is renumbered 445.095 (1) (a) 1.
17(intro.) and amended to read:
AB576,3,218 445.095 (1) (a) 1. (intro.) A person desiring to become an apprentice as a funeral
19director and who satisfies all of the following shall apply on a form provided for the

1purpose and appear before the examining board, or any duly appointed
2representative of the examining board. The application shall state that the:
AB576,3,3 3a. The applicant is 18 years of age or older ,.
AB576,3,5 4b. The applicant holds a high school diploma or possesses equivalent education
5as defined by the examining board,.
AB576,3,7 6c. The applicant does not have an arrest or conviction record, subject to ss.
7111.321, 111.322, and 111.335, and.
AB576,3,9 8d. The applicant has completed a 16-hour certification class approved by the
9examining board or has satisfied the requirement under s. 445.045 (1) (e).
AB576,3,11 102. The application under subd. 1. must be substantiated by the oath of the
11applicant and be accompanied by.
AB576,3,12 121. e. The applicant pays the fee specified in s. 440.05 (6).
AB576,3,15 133. When the examining board is satisfied as to the qualification of that an
14applicant for apprenticeship satisfies the requirements for granting a certificate of
, it shall issue grant the applicant a certificate of apprenticeship.
AB576,4,3 16(3r) When the an apprentice enters the employment of a licensed funeral
17director, the apprentice shall immediately notify the examining board, giving the
18name and place of business of the funeral director whose service the apprentice has
19entered. If, at any time thereafter, the apprentice leaves the employment of the
20licensed funeral director whose service the apprentice has entered, the licensed
21funeral director shall give the apprentice an affidavit showing the length of time
22served as an apprentice with that employer, and the work done in detail, which
23affidavit shall be filed with the examining board and made a matter of record in that
24office. If the apprentice thereafter enters the employment of another licensed
25funeral director in this state, the applicant shall forthwith report such employment

1to 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.
AB576,5 4Section 5. 445.095 (1) (b) of the statutes is renumbered 445.095 (2m).
AB576,6 5Section 6 . 445.095 (1) (d) and (e) of the statutes are consolidated, renumbered
6445.095 (3g) and amended to read:
AB576,4,177 445.095 (3g) All apprentices registered under this section shall report at least
8semiannually 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. (e) The semiannual report must shall
12show the number of hours served by the apprentice and , the number of bodies the
13apprentice has assisted in embalming, or otherwise prepared for burial or disposition
14during such period, and the number of funeral services at which the apprentice has
15assisted, and give such any other information as may be required by the examining
16board. The data contained in the report shall be certified to as correct by the licensed
17funeral director under whom the apprentice has served during such that period.
AB576,7 18Section 7. 445.095 (5) of the statutes is repealed.
AB576,8 19Section 8 . Nonstatutory provisions.
AB576,5,420 (1) The funeral directors examining board may promulgate emergency rules
21under section 227.24 of the statutes necessary to implement this act.
22Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules
23promulgated under this subsection remain in effect until May 1, 2022, or the date on
24which permanent rules take effect, whichever is sooner. Notwithstanding section
25227.24 (1) (a) and (3) of the statutes, the examining board is not required to provide

1evidence that promulgating a rule under this subsection as an emergency rule is
2necessary for the preservation of the public peace, health, safety, or welfare and is
3not required to provide a finding of emergency for a rule promulgated under this
AB576,9 5Section 9. Initial applicability.
AB576,5,86 (1) The treatment of s. 445.045 (1) (d), (e), and (f) first applies to an application
7for a funeral director license submitted by an applicant who submitted an application
8for a certificate of apprenticeship on the effective date of this subsection.
AB576,5,119 (2) The treatment of s. 445.095 (1) (a) first applies to an application for a
10certificate of apprenticeship submitted by an applicant on the effective date of this
AB576,10 12Section 10. Effective dates. This act takes effect on the first day of the 7th
13month beginning after publication, except as follows:
AB576,5,1414 (1) Section 8 (1 ) of this act takes effect on the day after publication.
AB576,5,1515 (End)