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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: 1
(a) "Cemetery" means 1 or a combination of more than 1 of the 2
following: 3
(i) A burial ground for earth interments. 4
(ii) A mausoleum for crypt entombments. 5
(iii) A crematory for the cremation for human remains. 6
June 23, 2026, Introduced by Senators SANTANA, WEBBER and HERTEL and referred to
Committee on Regulatory Affairs.
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(iii) (iv) A columbarium for the inurnment of cremated remains. 1
(b) "Interment" means the disposition of human remains by 2
earth interment, entombment, or inurnment. 3
(c) "Burial right" means a right of earth interment. 4
(d) "Entombment right" means the right of crypt entombment in 5
a mausoleum or in an aboveground vault. 6
(e) "Columbarium right" means the right of inurnment in a 7
columbarium for cremated remains. 8
(f) "Mausoleum" means a building or other aboveground 9
structure that is affixed to land and is a permanent repository for 10
human remains. 11
(g) "Crypt" means a chamber in a mausoleum of sufficient size 12
to entomb the uncremated remains of a deceased person.individual. 13
(h) "Columbarium" means a building or other aboveground 14
structure that is affixed to land and is a permanent repository for 15
cremated human remains. 16
(i) "Crematory" means a building or structure, within which 17
the remains of deceased persons individuals are or are intended to 18
be cremated, that is owned or operated by a person who holds a 19
license under article 18B of the occupational code, 1980 PA 299, 20
MCL 339.1880 to 339.1890. 21
(j) "Cremation" means the incineration of the body of the a 22
deceased person.indvidual. 23
(k) "Cemetery commissioner" or "commissioner" means the 24
director of the department of labor and economic growth licensing 25
and regulatory affairs or a designee of the director. 26
(l) "Endowment and perpetual care" means all general work 27
necessary to keep the cemetery property in a presentable condition 28
at all times, including, but not limited to, the all of the 29
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following: 1
(i) The cutting of grass at reasonable intervals. ; the 2
(ii) The raking, cleaning, filling, seeding, and sodding of 3
graves. ; the 4
(iii) The replacement, pruning, or removal of shrubs and trees 5
in order to assure ensure access to interment rights. ; and the 6
(iv) The repair and maintenance of enclosures, buildings, 7
drives, walks, and the various memorial gardens. 8
(m) "Merchandise trust" means trusts required by section 16, a 9
trust that is required under section 16 and is composed of deposits 10
made in connection with merchandise and service sales made prior to 11
before January 1, 2005. 12
(n) "Municipal corporation" means a county, city, village, or 13
township. 14
(o) "Regulated financial institution" means a state or 15
nationally chartered bank, savings and loan association or savings 16
bank, credit union, trust company, or other state or federally 17
chartered lending institution or a regulated affiliate or regulated 18
subsidiary of any of these those entities. 19
(p) "Person" means an individual, group of individuals, sole 20
proprietorship, partnership, limited liability company, 21
association, corporation, government agency, cemetery, or a 22
combination of these those individuals and legal entities. 23
(q) "Good moral character" means that term as defined and 24
determined under 1974 PA 381, MCL 338.41 to 338.47. 25
(r) "Cemetery owner" means the person who that has title to 26
the cemetery. 27
(s) "Operator" means any of the following: 28
(i) A person, an officer of a person, a partner of a person, or 29
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a member or manager of a limited liability company, who that holds 1
more than 50% voting rights in a cemetery owner. 2
(ii) A person who is a member of the board of directors of a 3
cemetery owner, a partner in a cemetery owner, or a member or 4
manager of a limited liability company that is a cemetery owner. 5
(iii) An administrative official of the cemetery owner or the 6
person described in subparagraph (i), comparable to a chief 7
administrative officer, chief executive officer, or chief financial 8
officer. 9
(t) "Affiliated person" means a person that directly or 10
indirectly controlling controls the cemetery and includes all of 11
the following: 12
(i) A person who that holds at least not less than a 50% 13
interest in a cemetery. 14
(ii) A person who that is a member of the board of directors or 15
a cemetery owner, a partner in a cemetery owner, or a member or 16
manager of a limited liability company that is a cemetery owner. 17
(iii) A person An individual who is an officer of the a person 18
who that holds at least not less than a 10% interest in a cemetery 19
corporation or other entity having that has control of the 20
cemetery. 21
Enacting section 1. This amendatory act does not take effect 22
unless all of the following bills of the 103rd Legislature are 23
enacted into law: 24
(a) Senate Bill No. 1063. 25
(b) Senate Bill No. 1061. 26