SENATE BILL NO. 445
June 28, 2023, Introduced by Senators WOJNO, WEBBER, SHINK, SINGH and GEISS and
referred to the Committee on Regulatory Affairs.
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:
1 Sec. 2. As used in this act:
2 (a) "Cemetery" means 1, or a combination of more than 1, of
3 the following:
4 (i) A burial ground for earth interments.
5 (ii) A mausoleum for crypt entombments.
6 (iii) A crematory for the cremation for of human remains, other
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1 than a crematory that is directly or indirectly owned, managed,
2 operated, or maintained by a person that owns a funeral
3 establishment, as allowed under section 1809c of the occupational
4 code, 1980 PA 299, MCL 339.1809c.
5 (iv) A columbarium for the inurnment of cremated remains.
6 (b) "Interment" means the disposition of human remains by
7 earth interment, entombment, or inurnment.
8 (c) "Burial right" means a right of earth interment.
9 (d) "Entombment right" means the right of crypt entombment in
10 a mausoleum or in an aboveground vault.
11 (e) "Columbarium right" means the right of inurnment in a
12 columbarium for cremated remains.
13 (f) "Mausoleum" means a building or other aboveground
14 structure that is affixed to land and is a permanent repository for
15 human remains.
16 (g) "Crypt" means a chamber in a mausoleum of sufficient size
17 to entomb the uncremated remains of a deceased person.individual.
18 (h) "Columbarium" means a building or other aboveground
19 structure that is affixed to land and is a permanent repository for
20 cremated human remains.
21 (i) "Crematory" means a building or structure, within which
22 the remains of deceased persons individuals are or are intended to
23 be cremated.
24 (j) "Cremation" means the incineration of the body of the a
25 deceased person.individual's body.
26 (k) "Cemetery commissioner" or "commissioner" means the
27 director of the department of labor and economic growth licensing
28 and regulatory affairs, or a designee of the director.
29 (l) "Endowment and perpetual care" means all general work
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1 necessary to keep the cemetery property in a presentable condition
2 at all times, including, but not limited to, the any of the
3 following:
4 (i) The cutting of grass at reasonable intervals. ; the
5 (ii) The raking, cleaning, filling, seeding, and sodding of
6 graves. ; the
7 (iii) The replacement, pruning, or removal of shrubs and trees
8 in order to assure ensure access to interment rights. ; and the
9 (iv) The repair and maintenance of enclosures, buildings,
10 drives, walks, and the various memorial gardens.
11 (m) "Merchandise trust" means trusts required by section 16, a
12 trust that is required under section 16 and is composed of deposits
13 made in connection with merchandise and service sales made prior to
14 before January 1, 2005.
15 (n) "Municipal corporation" means a county, city, village, or
16 township.
17 (o) "Regulated financial institution" means a state or
18 nationally chartered bank, savings and loan association or savings
19 bank, credit union, trust company, or other state or federally
20 chartered lending institution or a regulated affiliate or regulated
21 subsidiary of any of these those entities.
22 (p) "Person" means an individual, group of individuals, sole
23 proprietorship, partnership, limited liability company,
24 association, corporation, government agency, cemetery, or a
25 combination of these those individuals and legal entities.
26 (q) "Good moral character" means that term as defined in, and
27 determined under, 1974 PA 381, MCL 338.41 to 338.47.
28 (r) "Cemetery owner" means the person who that has title to
29 the cemetery.
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1 (s) "Operator" means any of the following:
2 (i) A person, an officer of a person, a partner of a person, or
3 a member or manager of a limited liability company, who that holds
4 more than 50% voting rights in a cemetery owner.
5 (ii) A person who that is a member of the board of directors of
6 a cemetery owner, a partner in a cemetery owner, or a member or
7 manager of a limited liability company that is a cemetery owner.
8 (iii) An administrative official of the cemetery owner or the
9 person described in subparagraph (i), comparable to a chief
10 administrative officer, chief executive officer, or chief financial
11 officer.
12 (t) "Affiliated person" means a person that directly or
13 indirectly controlling controls the cemetery and includes all of
14 the following:
15 (i) A person who that holds at least not less than a 50%
16 interest in a cemetery.
17 (ii) A person who that is a member of the board of directors or
18 a cemetery owner, a partner in a cemetery owner, or a member or
19 manager of a limited liability company that is a cemetery owner.
20 (iii) A person An individual who is an officer of the a person
21 who that holds at least not less than a 10% interest in a cemetery
22 corporation or other entity having that has control of the
23 cemetery.
24 Enacting section 1. This amendatory act does not take effect
25 unless Senate Bill No. 444 of the 102nd Legislature is enacted into
26 law.
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Statutes affected: Senate Introduced Bill: 456.522