HOUSE BILL No. 5832 May 7, 1998, Introduced by Reps. Varga, Alley, Brackenridge, Vaughn and Scranton and referred to the Committee on Regulatory Affairs. A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1804, 1809, and 1811 (MCL 339.1804, 339.1809, and 339.1811); and to repeal acts and parts of acts. 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 establishmentshall beIS consid- 3 ered as actively engaged in the practice of funeral directing or 4 the practice of mortuary science andshall beIS the holder of 5 a license for the practice of mortuary science.If a funeral6establishment is a corporation or partnership, each active member7of the corporation or partnership, together with each individual8whose name appears or is used in connection with the name of the9corporation or partnership, shall be the holder of a license for10the practice of mortuary science.05007'97 * LBO 2 1 (2) This articleshallDOES 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 ownersshall beIS 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ESTABLISHMENT IS A HOLDER 21 OF A LICENSE FOR THE PRACTICE OF MORTUARY SCIENCE. 22 (2) A person whose license has been revoked under this 23 article; THE CEMETERY REGULATION ACT, 1968 PA 251, MCL 456.521 TO 24 456.543; OR THE PREPAID FUNERAL CONTRACT FUNDING ACT, 1986 PA 25 255, MCL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, OR HAS BEEN DETERMINED BY THE 26 DEPARTMENT OR A COURT OF COMPETENT JURISDICTION TO HAVE ENGAGED 27 IN ACTIVITIES REGULATED BY THESE ACTS WITHOUT BEING LICENSED OR 05007'97 * 3 1 REGISTERED shall not operate either directly or indirectly or 2 hold an interest in a funeral establishment. This subsection 3shallDOES not prohibit a person whose license has been revoked 4 from leasing property owned by the person for use as a funeral 5 establishment if the person does not participate in the control 6 or profit of the funeral establishmentotherwiseOTHER than as 7 a lessor of the premises for a fixed rental not dependent upon 8 earnings. 9 (3) A branch establishment shall be operated by a person who 10 is the holder of a license for the practice of mortuary science. 11 (4) The department and the board may inspect the premises in 12 which funeral directing is conducted,orwhere embalming is 13 practiced, or where an applicant proposes to practice. 14 (5) A funeral establishment shall contain a preparation room 15 equipped with tile, cement, or composition floor and necessary 16 drainage and ventilation, and contain each necessary instrument 17 or supply for the preparation and embalming of a dead human body 18 for burial, transportation, or other disposition. 19(6) A branch establishment shall comply with each require-20ment or rule relating to a funeral establishment.21 Sec. 1811. (1) The purchase of a vault or similar recepta- 22 cle designed or intended to enclose or receive a casket, coffin, 23 or other similar container from a particular individual, partner- 24 ship, association, or corporation shall not be required as a con- 25 dition to burial in a cemetery in this state. THIS SECTION DOES 26 NOT PROHIBIT A PERSON FROM PROVIDING A DISCOUNT FOR THE PURCHASE 27 OF FUNERAL SERVICES AND A CEMETERY LOT OR MERCHANDISE SO LONG AS 05007'97 * 4 1 THE PRICE CHARGED COVERS THE ACTUAL COST OF THE SERVICES AND 2 MERCHANDISE. There shall not be a discrimination by price, burial 3 fee, or otherwise by reason of a failure to purchase the vault or 4 similar receptacle from or under the direction of the cemetery or 5 the owner of the cemetery. 6 (2) This section shall not limit the right of a cemetery to 7 require the use of a vault in a burial in the cemetery. 8 (3) THIS SECTION DOES NOT ALLOW A FUNERAL ESTABLISHMENT TO 9 REFUSE THE USE OF FUNERAL GOODS BOUGHT FROM ANOTHER VENDOR. 10 Enacting section 1. Section 1812 of the occupational code, 11 1980 PA 299, MCL 339.1812, is repealed. 12 Enacting section 2. This amendatory act does not take 13 effect unless all of the following bills of the 89th Legislature 14 are enacted into law: 15 (a) Senate Bill No. _____ or House Bill No. _____ (request 16 no. 05006'97 *). 17 (b) Senate Bill No. _____ or House Bill No. _____ (request 18 no. 05006'97 a *). 19 (c) Senate Bill No. _____ or House Bill No. _____ (request 20 no. 05214'97 **). 05007'97 * Final page. LBO