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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 1
under this act and refuse to issue a permit or registration, or may 2
suspend or revoke a permit or registration, or may reprimand, place 3
on probation, or take other disciplinary action against the 4
applicant if either of the following apply: 5
(a) With reference to the establishment of a cemetery, if the 6
June 23, 2026, Introduced by Senators VICTORY, WEBBER, HERTEL and SANTANA and
referred to Committee on Regulatory Affairs.
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commissioner's investigation reveals facts which, with reference to 1
the establishment of a cemetery, that show inappropriate any of the 2
following: 3
(i) Inappropriate physical plans. ; lack 4
(ii) Lack of community need. ; inadequate 5
(iii) Inadequate experience, financial stability, or integrity 6
to protect the public welfare. ; or when 7
(b) If the commissioner finds that the a cemetery owner, an 8
operator, or an applicant, or the officers, cemetery owners, 9
directors, members, affiliated persons, an officer, director, 10
member, affiliated person, or general manager of those entities has 11
done 1 or more of the following: 12
(i) (a) Made a false statement of a material fact in the 13
application. 14
(ii) (b) Not complied with this act. 15
(iii) (c) Been guilty of an unlawful or fraudulent act in 16
connection with selling or otherwise dealing in cemetery lots and 17
burial rights regulated by this act or funeral or cemetery 18
merchandise and services regulated by the prepaid funeral and 19
cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235. 20
(iv) (d) Been guilty in the judgment of the commissioner of 21
other conduct whether of the same or different character than 22
specified in this act which that constitutes dishonest and unfair 23
dealing or a demonstration of demonstrates a lack of good moral 24
character. 25
(v) (e) Violated article 18 of the occupational code, 1980 PA 26
299, MCL 339.1801 to 339.1812.339.1811. 27
(vi) (f) Violated the terms of an assurance of discontinuance 28
entered into with the commissioner pursuant to under section 9(5). 29
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(vii) (g) Violated the prepaid funeral and cemetery sales act, 1
1986 PA 255, MCL 328.211 to 328.235. 2
(viii) (h) Failed to comply with section 2080 of the insurance 3
code of 1956, 1956 PA 218, MCL 500.2080. 4
(ix) (i) Adopted, enforced, or attempted to enforce a cemetery 5
regulation of the cemetery that prohibits the installation of a 6
grave memorial or burial vault unless the grave memorial or burial 7
vault was purchased from the cemetery. This subdivision does not 8
prohibit a cemetery from adopting and enforcing consistent rules 9
and regulations to be followed by both the cemetery and outside 10
vendors as to the quality, size, shape, type, installation, and 11
maintenance of the grave memorial or burial vault. 12
(2) If the commissioner denies an application for a permit or 13
registration, or suspends or revokes an existing permit or 14
registration required by this act, the denial, revocation, or 15
suspension shall revoke revokes the cemetery operation as to the 16
sale or assignment of burial rights, entombment rights, or 17
columbarium rights, cemetery merchandise, or cemetery services 18
after the date of the suspension, revocation, or denial. The 19
cemetery owner or an operator shall fulfill all contractual 20
obligations and agreements entered into before the date of the 21
suspension, revocation, or denial, and shall make required 22
interments for the owners of burial rights, entombment rights, or 23
columbarium rights purchased before the date of suspension, 24
revocation, or denial. 25
(3) The commissioner may impose an administrative fine of not 26
more than $5,000.00 for each separate violation of this act. 27
Enacting section 1. This amendatory act does not take effect 28
unless Senate Bill No. 1060 of the 103rd Legislature is enacted 29
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Final Page
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into law. 1