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SENATE BILL NO. 1061
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1851 (MCL 339.1851), as added by 2024 PA 107,
and by adding article 18B.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1851. As used in this article: 1
(a) "Applicant" means a person that submits an application for 2
license or certificate of registration under this article. 3
Applicant includes each individual identified in the application as 4
June 23, 2026, Introduced by Senators HERTEL, WEBBER and SANTANA and referred to
Committee on Regulatory Affairs.
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an owner, operator, officer, director, partner, member, or manager 1
of the applicant. 2
(b) "Authorized person" means an entity listed in section 3
1857. 4
(c) "Authorized vehicle" means a vehicle, used by a removal 5
service to transport a dead human body, that has passed an 6
inspection by the department under section 1855. 7
(d) "County medical examiner" means an individual appointed to 8
that position under 1953 PA 181, MCL 52.201 to 52.216. 9
(e) "Crematory owner" facility" means a person that owns a 10
crematory and holds a valid permit issued under section 14 of the 11
cemetery regulation act, 1968 PA 251, MCL 456.534.that term as 12
defined in section 1880. 13
(f) "Funeral establishment" means that term as defined in 14
section 1801. 15
(g) "Health facility" means a health facility or agency 16
licensed under article 17 of the public health code, 1978 PA 368, 17
MCL 333.20101 to 333.22260. 18
(h) "Holder of a license for the practice of mortuary science" 19
means that term as defined in section 1801. 20
(i) "Holding room" means a room equipped with a refrigeration 21
unit within a refrigeration facility wherein a dead human body is 22
stored. 23
(j) "Institution of higher education" means a college, 24
university, community college, or junior college described in 25
section 4, 5, or 6 of article 8 VIII of the state constitution of 26
1963 or established under section 7 of article 8 VIII of the state 27
constitution of 1963. 28
(k) "Licensee" means a person that holds a refrigeration 29
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facility license issued under section 1853. 1
(l) "Medical school" means that term as defined in section 2701 2
of the public health code, 1978 PA 368, MCL 333.2701. 3
(m) "Organ procurement organization" means that term as 4
defined in section 10102 of the public health code, 1978 PA 368, 5
MCL 333.10102. 6
(n) "Practice of mortuary science" means that term as defined 7
in section 1801. 8
(o) "Refrigeration facility" means a place of business that 9
operates independently of a funeral establishment or crematory 10
owner facility that maintains a holding room. 11
(p) "Registrant" means a person that holds a removal service 12
certificate of registration issued under section 1855. 13
(q) "Removal service" means a person that operates 14
independently of a funeral establishment that handles the initial 15
removal of a dead human body and transports the dead human body in 16
an authorized vehicle to and from an authorized person. 17
ARTICLE 18B 18
Sec. 1880. As used in this article: 19
(a) "Crematory facility" means a building or structure that 20
houses a retort where dead human bodies are or are intended to be 21
cremated through the practice of cremation. 22
(b) "Practice of cremation" means the process of using heat 23
and flame to reduce human remains to bone fragments. Practice of 24
cremation includes processing or pulverizing bone fragments. 25
(c) "Retort" means the enclosed space in which the practice of 26
cremation takes place. 27
Sec. 1882. (1) A person shall engage in the practice of 28
cremation only at a fixed location. 29
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(2) A person shall not open or maintain a crematory facility, 1
engage in the practice of cremation, or hold that person out as 2
engaging in the practice of cremation, without a crematory facility 3
license issued under this section. 4
(3) The department shall issue a crematory facility license 5
that is valid for 2 years to an applicant that meets all of the 6
following: 7
(a) The applicant discloses the ownership interest in the 8
crematory facility to the department as follows: 9
(i) If the owner is a trust, the names and addresses of the 10
beneficiaries. 11
(ii) If the owner is a privately held corporation, the names 12
and addresses of all shareholders, officers, and directors. 13
(iii) If the owner is a publicly held corporation, the names and 14
addresses of the officers and directors and all shareholders 15
holding a direct or indirect interest of greater than 5%. 16
(iv) If the owner is a partnership or limited liability 17
partnership, the names and addresses of all partners. 18
(v) If the owner is a limited partnership or limited liability 19
limited partnership, the names and addresses of all partners, both 20
general and limited. 21
(vi) If the owner is a limited liability company, the names and 22
addresses of all members and managers. 23
(b) The applicant passes an initial inspection conducted by 24
the department. 25
(c) The applicant files a surety bond, approved by the 26
department, in the amount of not less than $100,000.00, for the 27
benefit of the residents of this state that is conditioned on the 28
faithful performance of all practices of cremation and dispositions 29
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of cremated remains contracted for, by, or on behalf of the 1
crematory facility. 2
(d) The applicant provides proof of a retort permit from the 3
department of environment, Great Lakes, and energy. 4
(e) The applicant provides proof of a fire inspection approval 5
or certification for use as a crematory facility from a local fire 6
inspector. 7
(4) A crematory facility license issued under this section is 8
issued for a specific location only. 9
(5) A crematory facility license issued under this section is 10
considered void if there is a change in ownership of the crematory 11
facility or a change in the business entity or change in ownership 12
of a business entity that owns the crematory facility. A person 13
whose license is void under this subsection must submit a new 14
license application and obtain a new license to continue to engage 15
in the practice of cremation at or on the premises of the crematory 16
facility. 17
(6) As used in this section, "change in ownership" means a 18
change of the owners of a majority of shares of stock, a change of 19
a majority of a business entity's members, officers, or directors, 20
or a change in a sole proprietorship's or general partnership's 21
owners. 22
Sec. 1884. (1) The department may inspect a crematory facility 23
or the premises of any location where the practice of cremation 24
occurs or dead human bodies are awaiting cremation. 25
(2) A crematory facility must meet the ownership and 26
management requirements of section 1886 and any other standards and 27
requirements established by rule under this act. 28
(3) The department may revoke a crematory facility license for 29
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a failure to meet any of the standards and requirements described 1
in this section under the procedure set forth in this act. 2
Sec. 1885. (1) An individual shall not operate the retorts at 3
a crematory facility without a crematory facility operator license. 4
(2) The department shall issue a crematory facility operator 5
license that is valid for 2 years to an applicant who meets both of 6
the following: 7
(a) Completes a crematory operation certification or training 8
program approved by the department. 9
(b) Is of good moral character. 10
(3) The department may refuse to issue a crematory facility 11
operator license under this section to an individual based on 12
evidence that the individual has had a crematory facility operator 13
license, or an equivalent license, suspended, revoked, or limited 14
in another state. 15
Sec. 1886. (1) An individual shall not manage a crematory 16
facility without a crematory facility operator license. 17
(2) All of the following apply to the ownership and management 18
of a crematory facility: 19
(a) The manager of the crematory facility shall ensure that 20
the crematory facility complies with all applicable laws. 21
(b) The manager of the crematory facility is responsible for 22
the oversight of the daily operation of the crematory facility. 23
(c) The manager of the crematory facility shall not reside 24
more than 75 miles from that crematory facility. 25
(d) The crematory facility shall notify the department in 26
writing of the name of the individual appointed as the manager of 27
the crematory facility. 28
(e) The name of the manager of the crematory facility must be 29
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conspicuously displayed at the entrance of the crematory facility. 1
(f) If a new manager is appointed for a crematory facility, 2
the crematory facility shall notify the department in writing of 3
the name of the new manager not more than 30 days after the date of 4
the new manager's appointment. 5
(3) An individual who has a license issued under this article 6
revoked shall not own or manage, directly or indirectly, or hold an 7
interest in, a crematory facility. This subsection does not 8
prohibit an individual whose license is revoked from leasing 9
property owned by the individual for use as a crematory facility if 10
the individual does not participate in the control or profit of the 11
crematory facility, other than as a lessor of the premises for a 12
fixed rental that is not dependent on earnings. 13
Sec. 1888. Beginning January 1, 2027, the holder of a 14
crematory facility operator license shall successfully complete not 15
less than 4 hours of eligible continuing education courses in each 16
year of a license cycle. 17
Sec. 1889. (1) A crematory facility must comply with the 18
refrigeration requirements under section 12b of the cemetery 19
regulation act, 1968 PA 251, MCL 456.532b. 20
(2) A crematory facility shall contain a holding area within 21
or adjacent to the crematory facility designated for the retention 22
of human remains before cremation that meets all of the following 23
requirements: 24
(a) Complies with all applicable public health and safety laws 25
or rules. 26
(b) Stores a dead human body awaiting cremation so that the 27
dead human body meets all of the following: 28
(i) Is clothed or covered while being refrigerated. 29
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(ii) Is not directly stored on the ground. 1
(iii) Is stored as only 1 dead human body per table tray or 2
container, unless otherwise authorized by a person that has 3
authority to make arrangements for a dead human body under section 4
3206 of the estates and protected individuals code, 1998 PA 386, 5
MCL 700.3206. 6
(iv) Is not stored over another dead human body, unless the 7
dead human body is stored on a rack that has sufficient strength to 8
support the dead human body. 9
(v) Is face up while being stored or transported. 10
(c) Is secure from access by the public. 11
Sec. 1890. A person is subject to the penalties of article 6 12
if the person commits any of the following: 13
(a) The direct or indirect payment or offer of payment of a 14
commission by a licensee or an agent, representative, assistant, or 15
employee of the licensee for the purpose of securing business. 16
(b) Aiding or abetting a nonlicensee to operate a retort. 17
(c) Using profane, indecent, or obscene language in the 18
presence of a dead human body, or within the immediate hearing of 19
the family or relatives of a deceased, whose body has not yet been 20
interred or otherwise disposed of. 21
(d) A violation of a municipal or county ordinance or 22
regulation affecting the handling, custody, care, or transportation 23
of a dead human body. 24
(e) Obtaining possession of or engaging in the practice of 25
cremation without first being expressly directed or authorized to 26
do so by a relative of the decedent or a person entitled to 27
custody. 28
(f) Failing to secure the required cremation permit from a 29
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medical examiner before accepting a dead human body. 1
Enacting section 1. This amendatory act does not take effect 2
unless Senate Bill No. 1063 of the 103rd Legislature is enacted 3
into law. 4