SB483,3,11 259.39 Coroner or medical examiner as funeral director, limitation. No
3coroner, deputy coroner, medical examiner or assistant medical examiner who is a
4licensed funeral director, an owner or operator of a class A funeral establishment as
5defined in s. 445.01 (2g), or an employe of a class A funeral establishment, and no
6class A funeral establishment with which such a coroner, deputy coroner, medical
7examiner or assistant medical examiner is associated, shall perform any of the
8services of a funeral director upon the body of any person whose death is required by
9law to be investigated by such coroner, his or her deputy, medical examiner or
10assistant medical examiner. Any person who violates this section shall be fined not
11more than $50.

SB483,3,14 13157.067 (title) Connection with class A funeral establishment
14prohibited.

SB483,3,1716 157.067 (1) In this section, "class A funeral establishment" has the meaning
17given in s. 445.01 (6) (2g).

SB483,3,25 18(2) No cemetery authority may permit a class A funeral establishment to be
19located in the cemetery. No cemetery authority may have or permit an employe or
20agent of the cemetery to have any ownership, operation or other financial interest
21in a class A funeral establishment. Except as provided in sub. (2m), no cemetery
22authority or employe or agent of a cemetery may, directly or indirectly, receive or
23accept any commission, fee, remuneration or benefit of any kind from a class A
24funeral establishment or from an owner, employe or agent of a class A funeral
25establishment.

SB483,4,42 157.067 (2m) (intro.) A cemetery authority may accept a fee or remuneration
3from a class A funeral establishment or from an owner, employe or agent of a class
4A funeral establishment if all of the following requirements are satisfied:

SB483,4,76 157.067 (2m) (b) The fee or remuneration payment is made on behalf of the
7person who is responsible for paying for the class A funeral establishment's services.

SB483,4,129 157.067 (2m) (c) The class A funeral establishment will be reimbursed for the
10fee or remuneration by charging the person who is responsible for paying the funeral
11expenses an amount that is identical to the amount of the fee or remuneration paid
12by the class A funeral establishment to the cemetery authority.

SB483,4,1615 440.08 (2) (a) 37. Funeral establishment, class A: June 1 of each odd-numbered
16year; $47.

SB483,4,1918 440.08 (2) (a) 37m. Funeral establishment, class B: June 1 of each
19odd-numbered year; $47.

SB483,5,221 445.01 (2) An "apprentice funeral director" is any person engaged in the
22learning of the practice of funeral directing under the instruction and personal
23supervision of a duly licensed and registered funeral director under this chapter,
24whose class A funeral establishment is located in this state; provided, that no person
25shall serve or attempt to serve as such apprentice funeral director under any such

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1funeral director until the person has filed registration thereof with the examining
2board.

SB483,5,74 445.01 (2r) "Class B funeral establishment" means any building or part of a
5building, other than a class A funeral establishment, private residence, church or
6lodge hall, in which an operator of a class A funeral establishment holds or conducts
7funeral services.

SB483,5,129 445.01 (5) (c) A person who, in connection with his or her name or class A
10funeral establishment, uses the words, "funeral director", "mortician" or any other
11title implying that he or she is engaged as a funeral director as defined in this
12subsection.

SB483,5,2515 445.01 (2g) "Funeral Class A funeral establishment" means any building or
16part of a building used and held out to the public as being used in the care and
17preparation for burial or transportation of dead human bodies or for holding or
18conducting of funeral services. "Funeral Class A funeral establishment" does not
19include a class B funeral establishment or a building or part of a building that is
20erected under s. 157.11 (1) for holding or conducting funeral services if dead human
21bodies are not cared for or prepared for burial or transportation in the building. A
22class A funeral establishment must contain a preparation room equipped with tile,
23cement or composition floor, necessary drainage and ventilation and contain
24necessary instruments and supplies for the preparation and embalming of dead
25human bodies for burial, transportation or other disposition.

SB483,6,32 445.01 (7) "Operator of class A funeral establishment" means any person who
3conducts, maintains, manages or operates a class A funeral establishment.

SB483,6,95 445.04 (1) The Except for funeral services held or conducted in a class B funeral
6establishment for which a permit has been issued under s. 445.105 (1m), the business
7of a funeral director must be conducted in a class A funeral establishment equipped
8for the care and preparation for burial or transportation of dead human bodies. What
9shall be deemed "necessary equipment" shall be defined in the rules.

SB483,6,24 11445.06 Renewal of licenses. The renewal date and renewal fee for a funeral
12directors' license are specified under s. 440.08 (2) (a). Before any renewal license is
13delivered to any licensed funeral director, proof must be furnished by the applicant,
14to the satisfaction of the examining board, that the applicant is doing business at a
15recognized class A funeral establishment, except that if such applicant is not doing
16business at a recognized class A funeral establishment at the time of application for
17a license, the applicant shall be given a certificate, without additional cost, to the
18effect that the applicant is in good standing as a funeral director, and shall be entitled
19to a renewal license at any time during that license period, when located at a
20recognized class A funeral establishment, without payment of any additional
21renewal fee. The applicant must also furnish proof of completion of at least 15 hours
22of continuing education during the previous 2-year licensure period, except that new
23licensees are exempt from this requirement during the time between initial licensure
24and commencement of a full 2-year licensure period.

SB483,7,3

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1445.095 (2) (b) The term of a registered apprentice shall be recognized only
2when given employment in a class A funeral establishment under the personal
3supervision of a licensed funeral director.

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.

SB483,7,1510 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.

SB483,7,2117 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).

SB483,8,223 445.105 (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

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1A funeral establishment. In case of funeral services held in any private residence,
2church, or lodge hall, no permit shall be required.

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.

SB483,8,1917 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

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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.

SB483,9,1611 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:

SB483,9,2218 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).

SB483,9,2524 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

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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:

SB483,10,85 445.12 (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:

SB483,10,1410 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.

SB483,10,1716 445.12 (3r) (intro.) No licensed funeral director or operator of a class A funeral
17establishment may do any of the following:

SB483,10,2219 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.

SB483,11,524 445.12 (4) No licensed funeral director or operator of a class A funeral
25establishment may publish, or cause to be published, any false, misleading or

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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.

SB483,11,167 445.12 (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.

SB483,11,2318 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).

SB483,12,2

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1445.125 (3m) (a) 3m. "Funeral establishment" means a class A funeral
2establishment.

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.

SB483,12,2217 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).

SB483,13,1024 614.82 (2) Institutions for carrying out fraternal activities. A fraternal
25may create, maintain and operate social, intellectual, educational, charitable,

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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.

SB483,13,1912 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.

SB483,13,2521 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.