SB 1069

SENATE BILL NO. 1069
A bill to amend 1968 PA 251, entitled
"Cemetery regulation act,"
by amending section 18 (MCL 456.538), as amended by
2008 PA 478.
the people of the state of michigan enact:
Sec. 18. (1) The commissioner may deny an application
filed under this act and refuse to issue a permit or registration, or may
suspend or revoke a permit or registration, or may reprimand, place on
probation, or take other disciplinary action against the applicant if either of the following apply:
(a) With reference to the establishment of a cemetery, if the commissioner's investigation
reveals facts which, with reference to the
establishment of a cemetery, that show inappropriate any of the
following:
(i) Inappropriate physical plans. ; lack
(ii) Lack of community need.
; inadequate
(iii) Inadequate experience, financial stability, or integrity
to protect the public welfare. ; or when
(b) If the
commissioner finds that the a cemetery owner, an operator,
or an applicant,
or the officers, cemetery owners, directors,
members, affiliated persons, an officer,
director, member, affiliated person, or general manager of those
entities has done 1 or more of the following:
(i) (a) Made a false statement of a material fact
in the application.
(ii) (b) Not complied with this act.
(iii) (c) Been guilty of an unlawful or fraudulent
act in connection with selling or otherwise dealing in cemetery lots and burial
rights regulated by this act or funeral or cemetery merchandise and services
regulated by the prepaid funeral and cemetery sales act, 1986 PA 255, MCL
328.211 to 328.235.
(iv) (d) Been guilty in the judgment of the
commissioner of other conduct whether of the same or different character than
specified in this act which that constitutes dishonest and unfair dealing or a demonstration of demonstrates
a lack of good moral character.
(v) (e) Violated article 18 of the occupational
code, 1980 PA 299, MCL 339.1801 to 339.1812.339.1811.
(vi) (f) Violated the terms of an assurance of
discontinuance entered into with the commissioner pursuant
to under section 9(5).
(vii) (g) Violated the prepaid funeral and cemetery
sales act, 1986 PA 255, MCL 328.211 to 328.235.
(viii) (h) Failed to comply with section 2080 of the
insurance code of 1956, 1956 PA 218, MCL 500.2080.
(ix) (i) Adopted, enforced, or attempted to enforce
a cemetery regulation of the cemetery that prohibits the installation of
a grave memorial or burial vault unless the grave memorial or burial vault was
purchased from the cemetery. This subdivision does not prohibit a cemetery from
adopting and enforcing consistent rules and regulations to be followed by both
the cemetery and outside vendors as to the quality, size, shape, type,
installation, and maintenance of the grave memorial or burial vault.
(2) If the
commissioner denies an application for a permit or registration, or suspends or
revokes an existing permit or registration required by this act, the denial,
revocation, or suspension shall revoke revokes the cemetery operation as to the sale or
assignment of burial rights, entombment rights, or columbarium
rights, cemetery merchandise, or cemetery services after the date of the
suspension, revocation, or denial. The cemetery owner or an operator shall fulfill all contractual obligations
and agreements entered into before the date of the suspension, revocation, or
denial, and shall make required interments for the owners of burial rights,
entombment rights, or columbarium rights purchased before the date of
suspension, revocation, or denial.
(3) The
commissioner may impose an administrative fine of not more than $5,000.00 for
each separate violation of this act.
Enacting section 1.
This amendatory act does not take effect unless Senate Bill No. 1060 of the
103rd Legislature is enacted into law.