HOUSE BILL No. 5209


     October 1, 1997, Introduced by Rep. Brackenridge and referred to the Committee on Regulatory Affairs.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   by amending sections 1804, 1809, and 1812 (MCL 339.1804, 339.1809,

   and 339.1812).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1804.  (1) An individual whose name appears in connec-

 2    tion with that of a funeral establishment  shall be  IS consid-

 3    ered as actively engaged in the practice of funeral directing or

 4    the practice of mortuary science and  shall be  IS the holder of

 5    a license for the practice of mortuary science.  If a funeral

 6     establishment is a corporation or partnership, each active member

 7     of the corporation or partnership, together with each individual

 8     whose name appears or is used in connection with the name of the

 9     corporation or partnership, shall be the holder of a license for

10     the practice of mortuary science. 


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 1         (2) This article  shall  DOES not prevent a funeral

 2    establishment from using or continuing to use an otherwise lawful

 3    corporate or partnership name after the death or retirement of a

 4    member if each active member or employee is properly licensed

 5    under this article.

 6         Sec. 1809.  (1) A funeral establishment shall be operated by

 7    a person who is the holder of a license for the practice of mor-

 8    tuary science.  The FUNERAL establishment shall have conspicu-

 9    ously displayed at its entrance the name of the person OR PERSONS

10    licensed to conduct the establishment.  The name of the person OR

11    PERSONS owning the funeral establishment shall be registered with

12    the department.  Failure to make full and complete disclosure of

13    the owners  shall be  IS grounds for the revocation of the

14    FUNERAL establishment license.  EACH OWNER, OFFICER, OR PARTNER

15    SHALL BE OF GOOD MORAL CHARACTER.  THIS REQUIREMENT APPLIES TO

16    EACH OWNER; EACH OFFICER AND EACH SHAREHOLDER WHO OWNS 10% OR

17    MORE OF THE STOCK IN THE CASE OF A CORPORATION; AND EACH PARTNER

18    IN THE CASE OF A PARTNERSHIP. THE DEPARTMENT SHALL DENY THE

19    APPLICATION FOR OR RENEWAL OF A LICENSE FOR A FUNERAL ESTABLISH-

20    MENT UNLESS THE OPERATOR OF THE FUNERAL ESTABLISHMENT IS A HOLDER

21    OF A LICENSE FOR THE PRACTICE OF MORTUARY SCIENCE.

22         (2) A person whose license has been revoked under this

23    article; THE CEMETERY REGULATION ACT, 1968 PA 251, MCL 456.521 TO

24    456.543; OR THE PREPAID FUNERAL CONTRACT FUNDING ACT, 1986 PA

25    255, MCL 328.211 TO 328.235, shall not operate either directly or

26    indirectly or hold an interest in a funeral establishment.  This

27    subsection  shall  DOES not prohibit a person whose license has



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 1    been revoked from leasing property owned by the person for use as

 2    a funeral establishment if the person does not participate in the

 3    control or profit of the funeral establishment  otherwise  OTHER

 4    than as a lessor of the premises for a fixed rental not dependent

 5    upon earnings.

 6         (3) A branch establishment shall be operated by a person who

 7    is the holder of a license for the practice of mortuary science.

 8         (4) The department and the board may inspect the premises in

 9    which funeral directing is conducted,  or  where embalming is

10    practiced, or where an applicant proposes to practice.

11         (5) A funeral establishment shall contain a preparation room

12    equipped with tile, cement, or composition floor and necessary

13    drainage and ventilation, and contain each necessary instrument

14    or supply for the preparation and embalming of a dead human body

15    for burial, transportation, or other disposition.

16         (6) A branch establishment shall comply with each require-

17    ment or rule relating to a funeral establishment.

18         Sec. 1812.  (1)  An individual, partnership, association,

19    municipal corporation, body politic, or corporation  which  THAT

20    owns or  conducts  OPERATES, either directly or indirectly, a

21    cemetery or burial ground in this state  shall not  MAY

22    ESTABLISH, own, manage, supervise, operate, or maintain, either

23    directly or indirectly, a funeral establishment, or MAY permit an

24    officer, agent, or employee to own, ESTABLISH, MANAGE, SUPERVISE,

25    OPERATE, or maintain a funeral establishment.  This subsection

26     shall not apply to an elected official of a city, village,





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 1    township, or county who serves as an ex officio member of a local

 2     cemetery board as a result of holding that office. 

 3          (2) An individual, partnership, association, municipal cor-

 4     poration, body politic, or corporation which owns or conducts a

 5     cemetery in this state shall not allow a funeral establishment to

 6     be owned or conducted on property owned or leased by the cemetery

 7     and used for cemetery purposes or designated as a cemetery. 

 8          (3) This section shall not prohibit the owner of a private

 9     burial ground used for the interment of the owner's family or the

10     owner's descendents to own or maintain a funeral establishment

11     under this article. 

12         Enacting section 1.  This amendatory act takes effect

13    January 1, 1998.































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