SB483: Bill Text

1999 Senate BILL 483

March 21, 2000 - Introduced by Senators Shibilski, Schultz and Rude, cosponsored by Representatives Musser, Kedzie, Olsen, Ryba and Gunderson. Referred to Committee on Economic Development, Housing and Government Operations.

SB483,1,10 An Act to renumber and amend 445.01 (6); to amend 59.39, 157.067 (title), 157.067 (1) and (2), 157.067 (2m) (intro.), 157.067 (2m) (b), 157.067 (2m) (c), 440.08 (2) (a) 37., 445.01 (2), 445.01 (5) (c), 445.01 (7), 445.04 (1), 445.06, 445.095 (2) (b), 445.095 (2) (c), 445.095 (2) (d), 445.105 (1), 445.105 (2), (3), (4) and (5), 445.12 (3) (intro.), 445.12 (3) (b), 445.12 (3g) (a) (intro.), 445.12 (3g) (b) (intro.), 445.12 (3g) (c), 445.12 (3r) (intro.), 445.12 (3r) (a), 445.12 (4), 445.12 (6), 445.12 (7), 445.13 (1), 445.15 (1m), 614.82 (2), 632.41 (2) (b) 1. and 632.41 (2) (b) 3.; and to create 440.08 (2) (a) 37m., 445.01 (2r), 445.095 (2) (e), 445.105 (1m) and 445.125 (3m) (a) 3m. of the statutes; relating to: permits for certain funeral services held in certain establishments.

Analysis by the Legislative Reference Bureau

Under current law, no person may operate a funeral establishment without a permit granted by the funeral directors examining board (board) in the department of regulation and licensing (DORL). A funeral establishment is defined as a building or part of a building used for preparing dead human bodies for burial or transportation or for holding funeral services. The board may grant a permit to the operator of a funeral establishment only if a funeral director licensed by the board is in full-time charge of the establishment. In addition, the business of a funeral director may be conducted only in a funeral establishment. Also under current law, certain requirements apply to funeral establishments. For example, the operator of a cemetery may not permit a funeral establishment to be located in the cemetery.

This bill creates definitions for two types of funeral establishments: class A and class B funeral establishments. A class A funeral establishment has the same definition as a funeral establishment under current law. The bill defines a class B funeral establishment as a building or part of a building, other than a class A funeral establishment, in which the operator of a class A funeral establishment conducts funeral services. The bill requires a funeral director to conduct his or her business as a funeral director in a class A funeral establishment, except for funeral services that are conducted in a class B funeral establishment. All of the other requirements that apply to funeral establishments under current law apply to class A funeral establishments under the bill. Therefore, for example, the operator of a cemetery may not permit a class A funeral establishment to be located in the cemetery.

The bill prohibits the operator of a class A funeral establishment from conducting funeral services in a class B funeral establishment unless the board has issued a permit for the class B funeral establishment. A class B funeral establishment permit, like any other credential issued by a board in DORL, must be renewed every two years. The board is prohibited from requiring a class B funeral establishment to have a licensed funeral director in full-time charge of the establishment. An operator of a class A funeral establishment that is issued a permit for a class B funeral establishment must conspicuously display the permit in the class B funeral establishment. In addition, any licensed funeral director employed by the operator of the class A funeral establishment may display his or her funeral director's license in the class B funeral establishment.

Also under current law, certain requirements apply to funeral director apprentices, including the requirement that, in each year, the board may recognize only one apprentice at a funeral establishment that has had less than 150 funeral services or a funeral establishment at which less than 150 bodies were prepared for burial or shipment in the preceding year. The board may recognize a second funeral director apprentice at a funeral establishment if these numbers are equaled or exceeded. Under this bill, for purposes of determining compliance with these requirements, the number of funeral services conducted at a class A funeral establishment includes the number of funeral services conducted at a class B funeral establishment for which the operator of the class A funeral establishment has been issued a permit under the bill.

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:

SB483, s. 1 Section 1. 59.39 of the statutes is amended to read:

SB483,3,11 59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a class A funeral establishment as defined in s. 445.01 (2g), or an employe of a class A funeral establishment, and no class A funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined not more than $50.

SB483, s. 2 Section 2. 157.067 (title) of the statutes is amended to read:

SB483,3,14 157.067 (title) Connection with class A funeral establishment prohibited.

SB483, s. 3 Section 3. 157.067 (1) and (2) of the statutes are amended to read:

SB483,3,17 157.067 (1) In this section, "class A funeral establishment" has the meaning given in s. 445.01 (6) (2g).

SB483,3,25 (2) No cemetery authority may permit a class A funeral establishment to be located in the cemetery. No cemetery authority may have or permit an employe or agent of the cemetery to have any ownership, operation or other financial interest in a class A funeral establishment. Except as provided in sub. (2m), no cemetery authority or employe or agent of a cemetery may, directly or indirectly, receive or accept any commission, fee, remuneration or benefit of any kind from a class A funeral establishment or from an owner, employe or agent of a class A funeral establishment.

SB483, s. 4 Section 4. 157.067 (2m) (intro.) of the statutes is amended to read:

SB483,4,4 157.067 (2m) (intro.) A cemetery authority may accept a fee or remuneration from a class A funeral establishment or from an owner, employe or agent of a class A funeral establishment if all of the following requirements are satisfied:

SB483, s. 5 Section 5. 157.067 (2m) (b) of the statutes is amended to read:

SB483,4,7 157.067 (2m) (b) The fee or remuneration payment is made on behalf of the person who is responsible for paying for the class A funeral establishment's services.

SB483, s. 6 Section 6. 157.067 (2m) (c) of the statutes is amended to read:

SB483,4,12 157.067 (2m) (c) The class A funeral establishment will be reimbursed for the fee or remuneration by charging the person who is responsible for paying the funeral expenses an amount that is identical to the amount of the fee or remuneration paid by the class A funeral establishment to the cemetery authority.

SB483, s. 7 Section 7. 440.08 (2) (a) 37. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB483,4,16 440.08 (2) (a) 37. Funeral establishment, class A: June 1 of each odd-numbered year; $47.

SB483, s. 8 Section 8. 440.08 (2) (a) 37m. of the statutes is created to read:

SB483,4,19 440.08 (2) (a) 37m. Funeral establishment, class B: June 1 of each odd-numbered year; $47.

SB483, s. 9 Section 9. 445.01 (2) of the statutes is amended to read:

SB483,5,2 445.01 (2) An "apprentice funeral director" is any person engaged in the learning of the practice of funeral directing under the instruction and personal supervision of a duly licensed and registered funeral director under this chapter, whose class A funeral establishment is located in this state; provided, that no person shall serve or attempt to serve as such apprentice funeral director under any such funeral director until the person has filed registration thereof with the examining board.

SB483, s. 10 Section 10. 445.01 (2r) of the statutes is created to read:

SB483,5,7 445.01 (2r) "Class B funeral establishment" means any building or part of a building, other than a class A funeral establishment, private residence, church or lodge hall, in which an operator of a class A funeral establishment holds or conducts funeral services.

SB483, s. 11 Section 11. 445.01 (5) (c) of the statutes is amended to read:

SB483,5,12 445.01 (5) (c) A person who, in connection with his or her name or class A funeral establishment, uses the words, "funeral director", "mortician" or any other title implying that he or she is engaged as a funeral director as defined in this subsection.

SB483, s. 12 Section 12. 445.01 (6) of the statutes is renumbered 445.01 (2g) and amended to read:

SB483,5,25 445.01 (2g) "Funeral Class A funeral establishment" means any building or part of a building used and held out to the public as being used in the care and preparation for burial or transportation of dead human bodies or for holding or conducting of funeral services. "Funeral Class A funeral establishment" does not include a class B funeral establishment or a building or part of a building that is erected under s. 157.11 (1) for holding or conducting funeral services if dead human bodies are not cared for or prepared for burial or transportation in the building. A class A funeral establishment must contain a preparation room equipped with tile, cement or composition floor, necessary drainage and ventilation and contain necessary instruments and supplies for the preparation and embalming of dead human bodies for burial, transportation or other disposition.

SB483, s. 13 Section 13. 445.01 (7) of the statutes is amended to read:

SB483,6,3 445.01 (7) "Operator of class A funeral establishment" means any person who conducts, maintains, manages or operates a class A funeral establishment.

SB483, s. 14 Section 14. 445.04 (1) of the statutes is amended to read:

SB483,6,9 445.04 (1) The Except for funeral services held or conducted in a class B funeral establishment for which a permit has been issued under s. 445.105 (1m), the business of a funeral director must be conducted in a class A funeral establishment equipped for the care and preparation for burial or transportation of dead human bodies. What shall be deemed "necessary equipment" shall be defined in the rules.

SB483, s. 15 Section 15. 445.06 of the statutes is amended to read:

SB483,6,24 445.06 Renewal of licenses. The renewal date and renewal fee for a funeral directors' license are specified under s. 440.08 (2) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized class A funeral establishment, except that if such applicant is not doing business at a recognized class A funeral establishment at the time of application for a license, the applicant shall be given a certificate, without additional cost, to the effect that the applicant is in good standing as a funeral director, and shall be entitled to a renewal license at any time during that license period, when located at a recognized class A funeral establishment, without payment of any additional renewal fee. The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.

SB483, s. 16 Section 16. 445.095 (2) (b) of the statutes is amended to read:

SB483,7,3 445.095 (2) (b) The term of a registered apprentice shall be recognized only when given employment in a class A funeral establishment under the personal supervision of a licensed funeral director.

SB483, s. 17 Section 17. 445.095 (2) (c) of the statutes is amended to read:

SB483,7,8 445.095 (2) (c) Only one funeral director apprenticeship shall be recognized by the examining board at any one class A funeral establishment in a current year that has had less than 150 funeral services, as determined under par. (e), or prepared less than 150 bodies for burial or shipment during the preceding year.

SB483, s. 18 Section 18. 445.095 (2) (d) of the statutes is amended to read:

SB483,7,15 445.095 (2) (d) The examining board may recognize a 2nd funeral director apprenticeship at a class A funeral establishment during the current year that has had 150 funerals or more, as determined under par. (e), and has prepared 150 bodies or more for burial or shipment during the preceding year, provided that full-time employment is given to at least 2 licensed funeral directors at such class A funeral establishment.

SB483, s. 19 Section 19. 445.095 (2) (e) of the statutes is created to read:

SB483,7,21 445.095 (2) (e) For purposes of pars. (c) and (d), the number of funeral services held at a class A funeral establishment during a year shall include the number of funeral services held during that year at any class B funeral establishment for which the operator of the class A funeral establishment has been issued a permit under s. 445.105 (1m).

SB483, s. 20 Section 20. 445.105 (1) of the statutes is amended to read:

SB483,8,2 445.105 (1) No person shall conduct, maintain, manage or operate a class A funeral establishment unless a permit for each such class A funeral establishment has been issued by the examining board and is conspicuously displayed in such class A funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit shall be required.

SB483, s. 21 Section 21. 445.105 (1m) of the statutes is created to read:

SB483,8,15 445.105 (1m) No operator of a class A funeral establishment may hold or conduct funeral services in any class B funeral establishment unless a permit for the class A funeral establishment has been issued under sub. (1) and the operator of the class A funeral establishment has been issued a permit for each class B funeral establishment by the examining board under this subsection. The examining board may not require a class B funeral establishment to have in charge, full time therein, a licensed funeral director as a condition for issuing a permit under this subsection. An operator of a class A funeral establishment that has been issued a permit for a class B funeral establishment under this subsection shall conspicuously display the permit in the class B funeral establishment and any licensed funeral director employed by the operator of the class A funeral establishment may display his or her funeral director's license in the class B funeral establishment.

SB483, s. 22 Section 22. 445.105 (2), (3), (4) and (5) of the statutes are amended to read:

SB483,8,19 445.105 (2) No permit to operate a class A funeral establishment shall be issued by the examining board unless each such class A funeral establishment has in charge, full time therein, a licensed funeral director.

SB483,8,24 (3) Applications for class A and class B funeral establishment permits shall be made on forms provided by the department and filed with the department and shall be accompanied by the fee specified under s. 440.05 (1). The renewal date and renewal fee for a class A or class B funeral establishment permit are specified under s. 440.08 (2) (a).

SB483,9,5 (4) Violations of this chapter or any rules or regulations of the examining board committed by any person, or an officer, agent or employe with the knowledge or consent of any person operating such class A or class B funeral establishments shall be considered sufficient cause for reprimand or for limitation, suspension or revocation of such funeral establishment permit the permits.

SB483,9,9 (5) No operator of a class A funeral establishment shall allow any licensed funeral director to operate out of such the class A funeral establishment unless such the licensed funeral director is the operator of or an employe of the operator of a class A funeral establishment which has been granted a permit by the examining board.

SB483, s. 23 Section 23. 445.12 (3) (intro.) of the statutes is amended to read:

SB483,9,16 445.12 (3) (intro.) No licensed funeral director or operator of a class A funeral establishment may, directly or indirectly, solicit a funeral service or the right to prepare a dead human body for burial or transportation either before or after death has occurred, or pay or cause to be paid any sum of money or other valuable consideration for the securing of the right to do such work. This subsection does not prohibit any of the following:

SB483, s. 24 Section 24. 445.12 (3) (b) of the statutes is amended to read:

SB483,9,22 445.12 (3) (b) The solicitation or sale of burial agreements under s. 445.125 (1) by a licensed funeral director, operator of a class A funeral establishment or agent of a licensed funeral director or operator of a class A funeral establishment and the solicitation and sale of burial agreements under s. 445.125 (3m) to the extent permitted under sub. (3g) and s. 445.125 (3m).

SB483, s. 25 Section 25. 445.12 (3g) (a) (intro.) of the statutes is amended to read:

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).