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Act 251 of 1968
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Act 251 of 1968

AN ACT to regulate the creation and management of cemeteries; to provide for a cemetery commissioner and to prescribe the powers and duties of the commissioner; to require the registration and audit of cemeteries; to provide standards regarding the long-term care of certain cemeteries and trusting of certain funds; to regulate persons selling burial, entombment, or columbarium rights and certain merchandise; to provide for qualifications for owners, operators, employees, and transferees of cemeteries under certain circumstances; to allow the cemetery commissioner to conduct certain investigations; and to prescribe administrative and civil remedies and penalties.

History: 1968, Act 251, Eff. Sept. 15, 1968 ;-- Am. 1972, Act 290, Imd. Eff. Oct. 30, 1972 ;-- Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982 ;-- Am. 2004, Act 22, Eff. Jan. 1, 2005 ;-- Am. 2008, Act 478, Imd. Eff. Jan. 12, 2009
Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.

© 2009 Legislative Council, State of Michigan

The People of the State of Michigan enact:

Section 456.521SectionCemetery regulation act; short title.
Section 456.522SectionDefinitions.
Section 456.522aSectionCommissioner, spouse, or child; financial interest in cemetery, cemetery operations, supplier, or funeral establishment prohibited.
Section 456.523-456.527SectionRepealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
Section 456.528SectionCommissioner; rules.
Section 456.529SectionCommissioner; hearings; investigations; oaths; testimony; witnesses; production of books and records; subpoena; abandoned cemeteries; failure to obey subpoena; perjury; violation of act, rule, or order; powers of commissioner; injunction or restraining order; appointment of receiver or conservator; powers; sale of cemetery; notice to creditors and filing of claims; denial of application; suspension or revocation of permit or registration.
Section 456.529aSectionPerformance of duties of commissioner; assistance from all departments, state agencies, public bodies corporate, committees, commissioners, officers of state, and any political subdivision.
Section 456.529bSectionConsultants; contracts.
Section 456.530SectionCommissioner; auditing trust funds; registration of cemeteries; exemptions.
Section 456.531SectionCommissioner; registration fee; renewal blank and notice.
Section 456.532SectionPermit for registration required; acquisition of controlling interest in cemetery company; application for certificate of approval; contents; issuance; fee; noncompliance; escrow of endowment and perpetual care trust fund; prohibited use of funds; “controlling interest” defined.
Section 456.532aSectionExamining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges.
Section 456.533SectionEstablishment of cemetery; application for permit; investigation fee; conduct of investigation; notice to commissioner of certain changes; order to void certain appointments.
Section 456.533aSectionCircumstances causing person to be ineligible as cemetery owner or holder of controlling interest; factors for determining eligibility.
Section 456.534SectionGranting or refusing to grant permit; denial of application; procedures.
Section 456.535SectionRegistration of cemetery; date; application; form; fee; expiration; procedure for denying registration; late penalty filing fee.
Section 456.535aSectionWitness fee; prohibition.
Section 456.536SectionIrrevocable endowment and perpetual care trust fund; establishment and maintenance; commingling prohibited; annual report; application for modification or waiver; expenses; bundling of funds with common ownership; pooling of trust or escrow funds for investment purposes; agreement with regulated financial institutions with trust powers; deposits; agent or seller; deposit requirements; use of interest or income; merchandise trust account; deposit for sale of burial vaults or containers; repayment; installation of vault; contents of cemetery merchandise and services contract; annual reports; deficit in amount of required deposits; penalty; hearing; additional penalty; powers and jurisdiction of attorney general and courts; disposition of fees, charges, and penalties; notice of financial transaction or investment; failure to submit reports under subsections (12) and (13); civil actions.
Section 456.536aSectionPreconstruction sales of crypts or niches.
Section 456.537SectionRepealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
Section 456.538SectionDenial, suspension, or revocation of permit or registration, and other disciplinary action; grounds; effect; fulfillment of contractual obligations and agreements; administrative fine.
Section 456.539SectionDenial, suspension, or revocation of permit or registration; notice of intent; hearing; decision.
Section 456.540SectionAppeal.
Section 456.541SectionViolations; penalties.
Section 456.542SectionRepeal.
Section 456.543SectionEffective date of act.