SB 1068

SENATE BILL NO. 1068
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:
Sec. 2. As used in this act:
(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 human
remains.
(iii) (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, that is owned or operated by a person who holds a license
under article 18B of the occupational code, 1980 PA 299, MCL 339.1880 to
339.1890.
(j)
"Cremation" means the incineration of the body of the a deceased person.indvidual.
(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 all 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 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 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 all of the following bills of
the 103rd Legislature are enacted into law:
(a) Senate Bill No. 1063.
(b) Senate Bill No. 1061.