SENATE BILL NO. 446
June 28, 2023, Introduced by Senators WEBBER, SINGH, WOJNO, SHINK and GEISS and
referred to the Committee on Regulatory Affairs.
A bill to amend 1986 PA 255, entitled
"Prepaid funeral and cemetery sales act,"
by amending section 3 (MCL 328.213), as amended by 2004 PA 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. As used in this act:
2 (a) "Burial right" means a right of earth interment.
3 (b) "Casket" means any a box or container consisting of 1 or
4 more parts in which a dead human body is placed before interment,
5 entombment, or cremation that may or may not be permanently
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1 interred, entombed, or cremated with the dead human body. Casket
2 includes a permanent interment or entombment receptacle designed or
3 intended for use without a vault.
4 (c) "Catafalque" means an ornamental or decorative object or
5 structure placed beneath, over, or around a casket, vault, or a
6 dead human body before final disposition of the dead human body.
7 (d) "Cemetery" means 1, or a combination of more than 1, of
8 the following:
9 (i) A burial ground for earth interments.
10 (ii) A mausoleum for crypt entombments.
11 (iii) A crematory for the incineration of human remains, other
12 than a crematory that is directly or indirectly owned, managed,
13 operated, or maintained by a person that owns a funeral
14 establishment, as allowed under section 1809c of the occupational
15 code, 1980 PA 299, MCL 339.1809c.
16 (iv) A columbarium for the inurnment of cremated remains.
17 (e) "Cemetery burial vault or other outside container" means a
18 box or container used solely at the place of interment to
19 permanently surround or enclose a casket and to support the earth
20 above the casket after burial. Cemetery burial vault or other
21 outside container does not include a catafalque, a combination
22 unit, or any a product designed or intended to be used with a
23 catafalque or combination unit.
24 (f) "Cemetery merchandise" means merchandise described in
25 section 4(1)(k)(i).
26 (g) "Cemetery services" means cremations, grave openings and
27 closings, and installation installations of grave memorials.
28 (h) "Columbarium" means a building or other aboveground
29 structure that is affixed to land and is a permanent repository for
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1 cremated human remains.
2 (i) "Combination unit" means any a product consisting of a
3 unit or a series of units designed or intended to be used together
4 as both a casket and as a permanent burial receptacle.
5 (j) "Consideration" or "contract price" means money and other
6 property to be paid as total compensation to a contract seller or
7 provider for the funeral or cemetery services or merchandise, or
8 both, to be performed or furnished under a prepaid contract, late
9 payment penalties, payments required to be made to a governmental
10 agency at the time the contract is entered into, and income earned
11 on the funds. Money paid for the services to be performed under a
12 prepaid contract may be paid in a lump sum or in installments.
13 (k) "Contract beneficiary" means an individual specified or
14 implied in a prepaid contract for whom the funeral or cemetery
15 services or merchandise shall be performed or furnished after
16 death.
17 (l) "Contract buyer" means an individual, including a contract
18 beneficiary, who purchases merchandise or funeral or cemetery
19 services pursuant to under a prepaid contract.
20 (m) "Contract seller" means a person who that sells, makes
21 available, or provides prepaid contracts.
22 (n) "Crematory" means a building or structure, within which
23 the remains of deceased individuals are or are intended to be
24 cremated.
25 (o) (n) "Crypt" means a chamber in a mausoleum of sufficient
26 size to entomb the uncremated remains of a deceased
27 person.individual.
28 (p) (o) "Department" means the department of labor and
29 economic growth.licensing and regulatory affairs.
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1 Enacting section 1. This amendatory act does not take effect
2 unless Senate Bill No. 444 of the 102nd Legislature is enacted into
3 law.
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Statutes affected:
Senate Introduced Bill: 328.213