MCL - Act 251 of 1968


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 provide for the abandonment of interment rights; 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 ;-- Am. 2014, Act 398, Eff. Jan. 1, 2015
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.

The People of the State of Michigan enact:
Document Type Description
Section 456.521 Section Cemetery regulation act; short title.
Section 456.522 Section Definitions.
Section 456.522a Section Commissioner, spouse, or child; financial interest in cemetery, cemetery operations, supplier, or funeral establishment prohibited.
Section 456.523-456.527 Section Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
Section 456.528 Section Commissioner; rules.
Section 456.529 Section Commissioner; 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 456.529a Section Performance of duties of commissioner; assistance from all departments, state agencies, public bodies corporate, committees, commissioners, officers of state, and any political subdivision.
Section 456.529b Section Consultants; contracts.
Section 456.530 Section Commissioner; auditing trust funds; registration of cemeteries; exemptions.
Section 456.531 Section Commissioner; registration fee; renewal blank and notice.
Section 456.532 Section Permit 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 456.532a Section Examining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges.
Section 456.533 Section Establishment of cemetery; application for permit; investigation fee; conduct of investigation; notice to commissioner of certain changes; order to void certain appointments.
Section 456.533a Section Circumstances causing person to be ineligible as cemetery owner or holder of controlling interest; factors for determining eligibility.
Section 456.534 Section Granting or refusing to grant permit; denial of application; procedures.
Section 456.535 Section Registration of cemetery; date; application; form; fee; expiration; procedure for denying registration; late penalty filing fee.
Section 456.535a Section Witness fee; prohibition.
Section 456.536 Section Irrevocable 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 456.536a Section Preconstruction sales of crypts or niches.
Section 456.537 Section Right to possess space within cemetery; presumption of abandonment; certification; notice; record; remedies; transfer; sale; contract; publication on internet website; exception; intent of section; definitions.
Section 456.538 Section Denial, suspension, or revocation of permit or registration, and other disciplinary action; grounds; effect; fulfillment of contractual obligations and agreements; administrative fine.
Section 456.539 Section Denial, suspension, or revocation of permit or registration; notice of intent; hearing; decision.
Section 456.540 Section Appeal.
Section 456.541 Section Violations; penalties.
Section 456.542 Section Repeal.
Section 456.543 Section Effective date of act.