| 1 | 1 | | SENATE BILL NO. 446 A bill to amend 1986 PA 255, entitled "Prepaid funeral and cemetery sales act," by amending section 3 (MCL 328.213), as amended by 2004 PA 21. the people of the state of michigan enact: Sec. 3. As used in this act: (a) "Burial right" means a right of earth interment. (b) "Casket" means any a box or container consisting of 1 or more parts in which a dead human body is placed before interment, entombment, or cremation that may or may not be permanently interred, entombed, or cremated with the dead human body. Casket includes a permanent interment or entombment receptacle designed or intended for use without a vault. (c) "Catafalque" means an ornamental or decorative object or structure placed beneath, over, or around a casket, vault, or a dead human body before final disposition of the dead human body. (d) "Cemetery" means 1, or a combination of more than 1, of the following: (i) A burial ground for earth interments. (ii) A mausoleum for crypt entombments. (iii) A crematory for the incineration of human remains, other than a crematory that is directly or indirectly owned, managed, operated, or maintained by a person that owns a funeral establishment, as allowed under section 1809c of the occupational code, 1980 PA 299, MCL 339.1809c. (iv) A columbarium for the inurnment of cremated remains. (e) "Cemetery burial vault or other outside container" means a box or container used solely at the place of interment to permanently surround or enclose a casket and to support the earth above the casket after burial. Cemetery burial vault or other outside container does not include a catafalque, a combination unit, or any a product designed or intended to be used with a catafalque or combination unit. (f) "Cemetery merchandise" means merchandise described in section 4(1)(k)(i). (g) "Cemetery services" means cremations, grave openings and closings, and installation installations of grave memorials. (h) "Columbarium" means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains. (i) "Combination unit" means any a product consisting of a unit or a series of units designed or intended to be used together as both a casket and as a permanent burial receptacle. (j) "Consideration" or "contract price" means money and other property to be paid as total compensation to a contract seller or provider for the funeral or cemetery services or merchandise, or both, to be performed or furnished under a prepaid contract, late payment penalties, payments required to be made to a governmental agency at the time the contract is entered into, and income earned on the funds. Money paid for the services to be performed under a prepaid contract may be paid in a lump sum or in installments. (k) "Contract beneficiary" means an individual specified or implied in a prepaid contract for whom the funeral or cemetery services or merchandise shall be performed or furnished after death. (l) "Contract buyer" means an individual, including a contract beneficiary, who purchases merchandise or funeral or cemetery services pursuant to under a prepaid contract. (m) "Contract seller" means a person who that sells, makes available, or provides prepaid contracts. (n) "Crematory" means a building or structure, within which the remains of deceased individuals are or are intended to be cremated. (o) (n) "Crypt" means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person.individual. (p) (o) "Department" means the department of labor and economic growth.licensing and regulatory affairs. Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 444 of the 102nd Legislature is enacted into law. |
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| 25 | 25 | | SENATE BILL NO. 446 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1986 PA 255, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Prepaid funeral and cemetery sales act," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 3 (MCL 328.213), as amended by 2004 PA 21. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 3. As used in this act: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Burial right" means a right of earth interment. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) "Casket" means any a box or container consisting of 1 or more parts in which a dead human body is placed before interment, entombment, or cremation that may or may not be permanently interred, entombed, or cremated with the dead human body. Casket includes a permanent interment or entombment receptacle designed or intended for use without a vault. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) "Catafalque" means an ornamental or decorative object or structure placed beneath, over, or around a casket, vault, or a dead human body before final disposition of the dead human body. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) "Cemetery" means 1, or a combination of more than 1, of the following: |
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| 47 | 47 | | (i) A burial ground for earth interments. |
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| 49 | 49 | | (ii) A mausoleum for crypt entombments. |
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| 51 | 51 | | (iii) A crematory for the incineration of human remains, other than a crematory that is directly or indirectly owned, managed, operated, or maintained by a person that owns a funeral establishment, as allowed under section 1809c of the occupational code, 1980 PA 299, MCL 339.1809c. |
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| 52 | 52 | | |
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| 53 | 53 | | (iv) A columbarium for the inurnment of cremated remains. |
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| 54 | 54 | | |
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| 55 | 55 | | (e) "Cemetery burial vault or other outside container" means a box or container used solely at the place of interment to permanently surround or enclose a casket and to support the earth above the casket after burial. Cemetery burial vault or other outside container does not include a catafalque, a combination unit, or any a product designed or intended to be used with a catafalque or combination unit. |
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| 56 | 56 | | |
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| 57 | 57 | | (f) "Cemetery merchandise" means merchandise described in section 4(1)(k)(i). |
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| 58 | 58 | | |
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| 59 | 59 | | (g) "Cemetery services" means cremations, grave openings and closings, and installation installations of grave memorials. |
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| 60 | 60 | | |
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| 61 | 61 | | (h) "Columbarium" means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains. |
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| 62 | 62 | | |
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| 63 | 63 | | (i) "Combination unit" means any a product consisting of a unit or a series of units designed or intended to be used together as both a casket and as a permanent burial receptacle. |
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| 64 | 64 | | |
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| 65 | 65 | | (j) "Consideration" or "contract price" means money and other property to be paid as total compensation to a contract seller or provider for the funeral or cemetery services or merchandise, or both, to be performed or furnished under a prepaid contract, late payment penalties, payments required to be made to a governmental agency at the time the contract is entered into, and income earned on the funds. Money paid for the services to be performed under a prepaid contract may be paid in a lump sum or in installments. |
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| 66 | 66 | | |
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| 67 | 67 | | (k) "Contract beneficiary" means an individual specified or implied in a prepaid contract for whom the funeral or cemetery services or merchandise shall be performed or furnished after death. |
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| 68 | 68 | | |
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| 69 | 69 | | (l) "Contract buyer" means an individual, including a contract beneficiary, who purchases merchandise or funeral or cemetery services pursuant to under a prepaid contract. |
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| 71 | 71 | | (m) "Contract seller" means a person who that sells, makes available, or provides prepaid contracts. |
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| 72 | 72 | | |
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| 73 | 73 | | (n) "Crematory" means a building or structure, within which the remains of deceased individuals are or are intended to be cremated. |
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| 75 | 75 | | (o) (n) "Crypt" means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person.individual. |
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| 77 | 77 | | (p) (o) "Department" means the department of labor and economic growth.licensing and regulatory affairs. |
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| 78 | 78 | | |
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| 79 | 79 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 444 of the 102nd Legislature is enacted into law. |
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