SB483,7,85 445.095 (2) (c) Only one funeral director apprenticeship shall be recognized by
6the examining board at any one class A funeral establishment in a current year that
7has had less than 150 funeral services, as determined under par. (e), or prepared less
8than 150 bodies for burial or shipment during the preceding year.
SB483, s. 18 9Section 18. 445.095 (2) (d) of the statutes is amended to read:
SB483,7,1510 445.095 (2) (d) The examining board may recognize a 2nd funeral director
11apprenticeship at a class A funeral establishment during the current year that has
12had 150 funerals or more, as determined under par. (e), and has prepared 150 bodies
13or more for burial or shipment during the preceding year, provided that full-time
14employment is given to at least 2 licensed funeral directors at such class A funeral
15establishment.
SB483, s. 19 16Section 19. 445.095 (2) (e) of the statutes is created to read:
SB483,7,2117 445.095 (2) (e) For purposes of pars. (c) and (d), the number of funeral services
18held at a class A funeral establishment during a year shall include the number of
19funeral services held during that year at any class B funeral establishment for which
20the operator of the class A funeral establishment has been issued a permit under s.
21445.105 (1m).
SB483, s. 20 22Section 20. 445.105 (1) of the statutes is amended to read:
SB483,8,223 445.105 (1) No person shall conduct, maintain, manage or operate a class A
24funeral establishment unless a permit for each such class A funeral establishment
25has been issued by the examining board and is conspicuously displayed in such class

1A
funeral establishment. In case of funeral services held in any private residence,
2church, or lodge hall, no permit shall be required.
SB483, s. 21 3Section 21. 445.105 (1m) of the statutes is created to read:
SB483,8,154 445.105 (1m) No operator of a class A funeral establishment may hold or
5conduct funeral services in any class B funeral establishment unless a permit for the
6class A funeral establishment has been issued under sub. (1) and the operator of the
7class A funeral establishment has been issued a permit for each class B funeral
8establishment by the examining board under this subsection. The examining board
9may not require a class B funeral establishment to have in charge, full time therein,
10a licensed funeral director as a condition for issuing a permit under this subsection.
11An operator of a class A funeral establishment that has been issued a permit for a
12class B funeral establishment under this subsection shall conspicuously display the
13permit in the class B funeral establishment and any licensed funeral director
14employed by the operator of the class A funeral establishment may display his or her
15funeral director's license in the class B funeral establishment.
SB483, s. 22 16Section 22. 445.105 (2), (3), (4) and (5) of the statutes are amended to read:
SB483,8,1917 445.105 (2) No permit to operate a class A funeral establishment shall be issued
18by the examining board unless each such class A funeral establishment has in
19charge, full time therein, a licensed funeral director.
SB483,8,24 20(3) Applications for class A and class B funeral establishment permits shall be
21made on forms provided by the department and filed with the department and shall
22be accompanied by the fee specified under s. 440.05 (1). The renewal date and
23renewal fee for a class A or class B funeral establishment permit are specified under
24s. 440.08 (2) (a).
SB483,9,5
1(4) Violations of this chapter or any rules or regulations of the examining board
2committed by any person, or an officer, agent or employe with the knowledge or
3consent of any person operating such class A or class B funeral establishments shall
4be considered sufficient cause for reprimand or for limitation, suspension or
5revocation of such funeral establishment permit the permits.
SB483,9,9 6(5) No operator of a class A funeral establishment shall allow any licensed
7funeral director to operate out of such the class A funeral establishment unless such
8the licensed funeral director is the operator of or an employe of the operator of a class
9A
funeral establishment which has been granted a permit by the examining board.
SB483, s. 23 10Section 23. 445.12 (3) (intro.) of the statutes is amended to read:
SB483,9,1611 445.12 (3) (intro.) No licensed funeral director or operator of a class A funeral
12establishment may, directly or indirectly, solicit a funeral service or the right to
13prepare a dead human body for burial or transportation either before or after death
14has occurred, or pay or cause to be paid any sum of money or other valuable
15consideration for the securing of the right to do such work. This subsection does not
16prohibit any of the following:
SB483, s. 24 17Section 24. 445.12 (3) (b) of the statutes is amended to read:
SB483,9,2218 445.12 (3) (b) The solicitation or sale of burial agreements under s. 445.125 (1)
19by a licensed funeral director, operator of a class A funeral establishment or agent
20of a licensed funeral director or operator of a class A funeral establishment
and the
21solicitation and sale of burial agreements under s. 445.125 (3m) to the extent
22permitted under sub. (3g) and s. 445.125 (3m).
SB483, s. 25 23Section 25. 445.12 (3g) (a) (intro.) of the statutes is amended to read:
SB483,9,2524 445.12 (3g) (a) (intro.) Except as provided in pars. (b) and (c), a licensed funeral
25director, agent of a licensed funeral director, operator of a class A funeral

1establishment or agent of an operator of a class A funeral establishment may not
2solicit the sale of a burial agreement under s. 445.125 (3m) by doing any of the
3following:
SB483, s. 26 4Section 26. 445.12 (3g) (b) (intro.) of the statutes is amended to read:
SB483,10,85 445.12 (3g) (b) (intro.) A licensed funeral director, agent of a licensed funeral
6director, operator of a class A funeral establishment or agent of an operator of a class
7A
funeral establishment may solicit the sale of a burial agreement under s. 445.125
8(3m) by contacting any person if any of the following applies:
SB483, s. 27 9Section 27. 445.12 (3g) (c) of the statutes is amended to read:
SB483,10,1410 445.12 (3g) (c) Paragraph (a) 3. does not prohibit a licensed funeral director,
11agent of a licensed funeral director, operator of a class A funeral establishment or
12agent of an operator of a class A funeral establishment from using mass-marketing
13practices or in-person contacts or communications permitted under this section or
14by a rule promulgated by the examining board under s. 445.125 (3m) (j) 2.
SB483, s. 28 15Section 28. 445.12 (3r) (intro.) of the statutes is amended to read:
SB483,10,1716 445.12 (3r) (intro.) No licensed funeral director or operator of a class A funeral
17establishment may do any of the following:
SB483, s. 29 18Section 29. 445.12 (3r) (a) of the statutes is amended to read:
SB483,10,2219 445.12 (3r) (a) Require a person who enters into a burial agreement under s.
20445.125 (3m) to purchase a life insurance policy used to fund the agreement from an
21insurance intermediary licensed under ch. 628 who is specified by the funeral
22director or operator of the class A funeral establishment.
SB483, s. 30 23Section 30. 445.12 (4) of the statutes is amended to read:
SB483,11,524 445.12 (4) No licensed funeral director or operator of a class A funeral
25establishment may publish, or cause to be published, any false, misleading or

1fraudulent advertisement, or take undue advantage of patrons or commit any
2fraudulent act in the conduct of business, or do any other act not in accord with the
3rules established by the department of health and family services and the examining
4board and not in accord with proper business practice as applied to the business or
5profession of funeral directing and embalming.
SB483, s. 31 6Section 31. 445.12 (6) of the statutes is amended to read:
SB483,11,167 445.12 (6) No licensed funeral director or operator of a class A funeral
8establishment may operate a mortuary or class A or class B funeral establishment
9that is located in a cemetery or that is financially, through an ownership or operation
10interest or otherwise, connected with a cemetery. No licensed funeral director or his
11or her employe may, directly or indirectly, receive or accept any commission, fee,
12remuneration or benefit of any kind from any cemetery, mausoleum or crematory or
13from any owner, employe or agent thereof in connection with the sale or transfer of
14any cemetery lot, outer burial container, burial privilege or cremation, nor act,
15directly or indirectly, as a broker or jobber of any cemetery property or interest
16therein.
SB483, s. 32 17Section 32. 445.12 (7) of the statutes is amended to read:
SB483,11,2318 445.12 (7) No licensed funeral director or operator of a class A funeral
19establishment may sell or cause to be sold any shares of stocks, certificates of
20membership or any other form of certificate which provides for any burial benefit or
21any rebate at the time of death to the holders thereof. This subsection does not
22prohibit the sale of burial agreements to the extent permitted under, and that are in
23conformity with, s. 445.125 (3m).
SB483, s. 33 24Section 33. 445.125 (3m) (a) 3m. of the statutes is created to read:
SB483,12,2
1445.125 (3m) (a) 3m. "Funeral establishment" means a class A funeral
2establishment.
SB483, s. 34 3Section 34. 445.13 (1) of the statutes is amended to read:
SB483,12,154 445.13 (1) Subject to the rules promulgated under s. 440.03 (1), the examining
5board may make investigations, subpoena witnesses, conduct hearings, limit,
6suspend or revoke a license of a funeral director, a certificate of registration of an
7apprentice or a permit of an operator of a class A or class B funeral establishment
8and reprimand a funeral director, apprentice or operator of a class A or class B
9funeral establishment for any violation of 15 USC 45 and 57, of this chapter or of any
10rule of the department of health and family services or the examining board, for
11unprofessional conduct, including misrepresentation or fraud in obtaining the
12license, permit or certificate of registration, or for any violation of this chapter or any
13rule of the examining board by an agent authorized by the funeral director or
14operator of the class A or class B funeral establishment under s. 445.125 (3m) (b) 2.
15a.
SB483, s. 35 16Section 35. 445.15 (1m) of the statutes is amended to read:
SB483,12,2217 445.15 (1m) A funeral director or operator of a class A funeral establishment
18who violates s. 445.12 (3r) shall be fined not more than $5,000 for each violation.
19Each day that an insurance intermediary authorized by a funeral director or
20operator of a class A funeral establishment fails to meet the training requirements
21established by the examining board by rule under s. 445.125 (3m) (j) 1. a. constitutes
22a separate violation of s. 445.12 (3r) (b).
SB483, s. 36 23Section 36. 614.82 (2) of the statutes is amended to read:
SB483,13,1024 614.82 (2) Institutions for carrying out fraternal activities. A fraternal
25may create, maintain and operate social, intellectual, educational, charitable,

1benevolent, moral, fraternal, patriotic or religious institutions for the benefit of its
2members or their families or dependents or for children insured by the fraternal. For
3that purpose, it may own, hold or lease real or personal property within or outside
4of this state. No funeral or undertaking or class A or class B funeral establishment
5may be owned or operated by the fraternal. All such property shall be reported in
6the annual statement or an appendix thereto but shall be given only nominal value
7in the statement. No profit may be made on such institutions, but the income and
8expenditures shall be reported separately in or as an appendix to the annual
9statement. Any such institution may be separately incorporated under ch. 181 and
10ownership of its stock shall be reported at nominal value.
SB483, s. 37 11Section 37. 632.41 (2) (b) 1. of the statutes is amended to read:
SB483,13,1912 632.41 (2) (b) 1. A life insurance policy may provide for the assignment of the
13proceeds of the policy to a funeral director or operator of a class A funeral
14establishment if the insurance intermediary who sells or solicits the sale of the policy
15is not an agent of the funeral director or operator of the class A funeral establishment
16or if the assignment of proceeds is contingent on the provision of funeral merchandise
17or funeral services as provided for in a burial agreement that satisfies the
18requirements of s. 445.125 (3m) and rules promulgated by the funeral directors
19examining board under s. 445.125 (3m) (j) 1. b.
SB483, s. 38 20Section 38. 632.41 (2) (b) 3. of the statutes is amended to read:
SB483,13,2521 632.41 (2) (b) 3. A life insurance policy sold under subd. 1. shall permit the
22policyholder to designate a different beneficiary, after written notice to the current
23beneficiary, and a different funeral director or operator of a class A funeral
24establishment that is to receive the assignment of proceeds, after written notice to
25the current funeral director or operator of the class A funeral establishment.
SB483, s. 39
1Section 39. Initial applicability.
SB483,14,42 (1) The treatment of section 445.13 (1) of the statutes first applies to
3unprofessional conduct and violations that occur on the effective date of this
4subsection.
SB483, s. 40 5Section 40. Effective date.
SB483,14,76 (1) This act takes effect on the first day of the 6th month beginning after
7publication.
SB483,14,88 (End)
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