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SENATE BILL NO. 1064
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1809 (MCL 339.1809), as amended by 2020 PA 265.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1809. (1) All of the following apply to the ownership and 1
management of a funeral establishment: 2
(a) A funeral establishment shall must be managed by an 3
individual who is the holder of a license for the practice of 4
mortuary science. The manager shall ensure that the funeral 5
June 23, 2026, Introduced by Senators WEBBER, HERTEL and SANTANA and referred to
Committee on Regulatory Affairs.
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establishment complies with all applicable laws. 1
(b) A funeral establishment shall notify the department, in 2
writing, of the name of the individual appointed as the manager of 3
the funeral establishment and conspicuously display the name of the 4
manager at the entrance of the funeral establishment. 5
(c) A manager of a funeral establishment shall not reside more 6
than 75 miles from that funeral establishment. 7
(d) Except as otherwise provided in subsection (2), an 8
individual shall not manage more than 1 funeral establishment. 9
(e) If a new manager is appointed for a funeral establishment, 10
the funeral establishment shall notify the department, in writing, 11
of the name of the new manager not more later than 30 days after 12
the date of his or her the new manager's appointment. 13
(2) The director shall receive and approve or deny requests 14
for waivers to that allow an individual to act as the manager of 2 15
funeral establishments under this subsection. All of the following 16
apply to a request for a waiver under this subsection: 17
(a) The prospective manager shall request the waiver. The 18
request must include the following: 19
(i) The prospective manager's name and mortuary science license 20
number. 21
(ii) The name and license number of each funeral establishment 22
affected. 23
(iii) Documentation supporting the existence of the factors 24
listed in subdivision (b). 25
(b) The director shall not grant a waiver under this 26
subsection unless all of the following factors are met: 27
(i) The funeral establishments are located in the same county 28
or contiguous counties. 29
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(ii) The population density of the county in which each of the 1
funeral establishments is located is less than the population 2
density for this state, based on data from the most recent 3
decennial census. 4
(iii) The funeral establishments are located within 90 miles of 5
each other. 6
(c) If the waiver is denied, the director shall send a written 7
notice of the denial and the reasons for denial to the individual 8
who requested the waiver. The individual may appeal the denial to 9
the board in the manner provided for in under section 515. 10
(3) An individual whose license is revoked under this article 11
shall not own or manage, either directly or indirectly, or hold an 12
interest in, a funeral establishment. This subsection does not 13
prohibit an individual whose license is revoked from leasing 14
property owned by the individual for use as a funeral establishment 15
if the individual does not participate in the control or profit of 16
the funeral establishment, other than as a lessor of the premises 17
for a fixed rental that is not dependent on earnings. 18
(4) A branch establishment shall must be managed by an 19
individual who is the holder of a license for the practice of 20
mortuary science. The manager shall ensure that the branch 21
establishment complies with all applicable laws. 22
(5) The department and the board may inspect the premises of 23
any location where funeral directing is conducted, embalming is 24
practiced, or an applicant intends to engage in the practice of 25
mortuary science. 26
(6) A funeral establishment shall must contain a all of the 27
following: 28
(a) A preparation room equipped with tile, cement, or 29
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composition floor, and necessary drainage and ventilation. , and 1
contain each 2
(b) Each necessary instrument or supply for the preparation 3
and embalming of a dead human body for burial, transportation, or 4
other disposition. 5
(c) Except as otherwise provided in this subdivision and 6
subject to subsection (7), a refrigeration unit. The funeral 7
establishment shall ensure that the refrigeration unit required 8
under this subdivision has the capacity to provide a space for each 9
dead human body housed in the funeral establishment. This 10
subdivision does not apply to a funeral establishment if either of 11
the following conditions apply: 12
(i) The funeral establishment has a contract with a person that 13
owns a facility that is located within 50 miles of the funeral 14
establishment and that contains a refrigeration unit that is 15
suitable for storing dead human bodies. The contract must provide 16
that the person will house, in the facility's refrigeration unit at 17
an air temperature not to exceed 40 degrees Fahrenheit, dead human 18
bodies transported from the funeral establishment. The facility's 19
refrigeration unit must have the capacity to house each dead human 20
body transported from the funeral establishment. 21
(ii) The funeral establishment owns or operates a cemetery or 22
crematory facility that is located within 50 miles of the funeral 23
establishment and that contains a refrigeration unit that is 24
suitable for storing dead human bodies. The funeral establishment 25
shall ensure that the dead human bodies be transported to the 26
funeral establishment's cemetery or crematory facility and stored 27
in the cemetery or crematory facility's refrigeration unit at an 28
air temperature not to exceed 40 degrees Fahrenheit. As used in 29
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this subdivision, "crematory facility" means that term as defined 1
in section 1880. 2
(7) Not later than 24 hours after a dead human body arrives at 3
a funeral establishment, the funeral establishment shall do 1 of 4
the following: 5
(a) Embalm the dead human body. 6
(b) House the dead human body in a refrigeration unit 7
described in subsection (6)(c) at an air temperature not to exceed 8
40 degrees Fahrenheit. 9
(8) (7) A branch establishment is subject to all of the 10
requirements or rules relating that relate to a funeral 11
establishment. 12
Enacting section 1. This amendatory act does not take effect 13
unless all of the following bills of the 103rd Legislature are 14
enacted into law: 15
(a) Senate Bill No. 1060. 16
(b) Senate Bill No. 1061. 17