Bill Text: MI SB0445 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Cemeteries and funerals: other; definition of cemetery; modify. Amends sec. 2 of 1968 PA 251 (MCL 456.522). TIE BAR WITH: SB 0444'23
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2023-06-28 - Referred To Committee On Regulatory Affairs [SB0445 Detail]
Download: Michigan-2023-SB0445-Introduced.html
SENATE BILL NO. 445
A bill to amend 1968 PA 251, entitled
"Cemetery regulation act,"
by amending section 2 (MCL 456.522), as amended by 2008 PA 478.
the people of the state of michigan enact:
(a) "Cemetery" means 1, or a combination of more than 1, of the following:
(i) A burial ground for earth interments.
(ii) A mausoleum for crypt entombments.
(iii) A crematory for the cremation for of human remains, other than a crematory that is directly or indirectly owned, managed, operated, or maintained by a person that owns a funeral establishment, as allowed under section 1809c of the occupational code, 1980 PA 299, MCL 339.1809c.
(iv) A columbarium for the inurnment of cremated remains.
(b) "Interment" means the disposition of human remains by earth interment, entombment, or inurnment.
(c) "Burial right" means a right of earth interment.
(d) "Entombment right" means the right of crypt entombment in a mausoleum or in an aboveground vault.
(e) "Columbarium right" means the right of inurnment in a columbarium for cremated remains.
(f) "Mausoleum" means a building or other aboveground structure that is affixed to land and is a permanent repository for human remains.
(g) "Crypt" means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person.individual.
(h) "Columbarium" means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains.
(i) "Crematory" means a building or structure, within which the remains of deceased persons individuals are or are intended to be cremated.
(j) "Cremation" means the incineration of the body of the a deceased person.individual's body.
(k) "Cemetery commissioner" or "commissioner" means the director of the department of labor and economic growth licensing and regulatory affairs, or a designee of the director.
(l) "Endowment and perpetual care" means all general work necessary to keep the cemetery property in a presentable condition at all times, including, but not limited to, the any of the following:
(i) The cutting of grass at reasonable intervals. ; the
(ii) The raking, cleaning, filling, seeding, and sodding of graves. ; the
(iii) The replacement, pruning, or removal of shrubs and trees in order to assure ensure access to interment rights. ; and the
(iv) The repair and maintenance of enclosures, buildings, drives, walks, and the various memorial gardens.
(m) "Merchandise trust" means trusts required by section 16, a trust that is required under section 16 and is composed of deposits made in connection with merchandise and service sales made prior to before January 1, 2005.
(n) "Municipal corporation" means a county, city, village, or township.
(o) "Regulated financial institution" means a state or nationally chartered bank, savings and loan association or savings bank, credit union, trust company, or other state or federally chartered lending institution or a regulated affiliate or regulated subsidiary of any of these those entities.
(p) "Person" means an individual, group of individuals, sole proprietorship, partnership, limited liability company, association, corporation, government agency, cemetery, or a combination of these those individuals and legal entities.
(q) "Good moral character" means that term as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.
(r) "Cemetery owner" means the person who that has title to the cemetery.
(s) "Operator" means any of the following:
(i) A person, an officer of a person, a partner of a person, or a member or manager of a limited liability company, who that holds more than 50% voting rights in a cemetery owner.
(ii) A person who that is a member of the board of directors of a cemetery owner, a partner in a cemetery owner, or a member or manager of a limited liability company that is a cemetery owner.
(iii) An administrative official of the cemetery owner or the person described in subparagraph (i), comparable to a chief administrative officer, chief executive officer, or chief financial officer.
(t) "Affiliated person" means a person that directly or indirectly controlling controls the cemetery and includes all of the following:
(i) A person who that holds at least not less than a 50% interest in a cemetery.
(ii) A person who that is a member of the board of directors or a cemetery owner, a partner in a cemetery owner, or a member or manager of a limited liability company that is a cemetery owner.
(iii) A person An individual who is an officer of the a person who that holds at least not less than a 10% interest in a cemetery corporation or other entity having that has control of the cemetery.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 444 of the 102nd Legislature is enacted into law.
