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SB 1068

Occupations: mortuary science; crematory ownership and regulation; modify. Amends sec. 2 of 1968 PA 251 (MCL 456.522). TIE BAR WITH: SB 1061'26, SB 1063'26

2025-2026 Regular Session Introduced by Kevin Hertel and 2 co-sponsors

SB 1068 broadens cemetery and crematory ownership, control, and funding definitions to tighten regulation of operators, affiliated parties, and perpetual care funds.

REFERRED TO COMMITTEE ON REGULATORY AFFAIRS
#occupations:mortuaryscience
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Bill Summary · SB 1068

Summary of SB 1068 (2025-2026) — Michigan

Purpose and intent

SB 1068 seeks to amend the Cemetery Regulation Act (1968 PA 251) by revising defined terms related to cemeteries, interment, and related facilities, with a focus on mortuary science, crematory ownership, and regulation. The bill is tie-barred to SB 1061 and SB 1063, meaning its enactment is contingent on those companion bills being enacted.

Key provisions and changes

  • Definitions updated or added (Sec. 2):
    The bill provides detailed definitions for terms used in cemetery regulation, including:

    • “Cemetery,” “Interment,” “Burial right,” “Entombment right,” and “Columbarium right.”
    • “Mausoleum,” “Crypt,” and “Columbarium.”
    • “Crematory” as a building/structure used for cremation, owned or operated by someone licensed under Article 18B of the Occupational Code.
    • “Cremation” defined as the incineration of a deceased person.
    • “Cemetery commissioner” (director of the Department of Labor and Economic Growth Licensing and Regulatory Affairs or designee).
    • “Endowment and perpetual care” covering ongoing maintenance needs (grass cutting, grave maintenance, shrub/tree maintenance, and repair/maintenance of enclosures, buildings, drives, and memorial gardens).
    • “Merchandise trust” as trusts required by section 16 and related to pre-2005 merchandise/service deposits.
    • “Municipal corporation,” “Regulated financial institution,” and broad definitions of “Person.”
    • “Good moral character” defined by reference to a separate statute (PA 381 of 1974).
    • “Cemetery owner” and “Operator” with specific criteria for control and governance.
    • “Affiliated person” as a party that directly or indirectly controls a cemetery, including thresholds for ownership interest (e.g., 50% in ownership, board membership, or officer/ownership thresholds of related entities).

  • Regulatory focus implied by definitions:
    By clarifying (and potentially expanding) definitions around ownership, control, and financing structures (e.g., endowments, merchandise trusts, affiliated persons), the bill positions regulators to scrutinize who may own or operate cemeteries and crematories and how funds are managed for perpetual care.

Who is affected

  • Cemetery owners and operators: Individuals or entities that own, manage, or control cemeteries, mausoleums, columbaria, or crematories.
  • Administrative and financial structures: Entities and individuals involved in endowment/perpetual care funds, merchandise trusts, and associated financing arrangements.
  • Affiliated parties: Persons or entities with significant control or influence over cemetery operations (as defined by ownership, board positions, or officer roles).
  • Regulatory bodies: The Cemetery Commissioner (under LR&A) and related state regulatory authorities that oversee cemetery regulation.

Procedural and timeline aspects

  • Enactment condition (tie-bar): SB 1068 does not take effect unless both SB 1061 and SB 1063 are enacted into law. This ties the bill’s effectiveness to the passage of its companion measures.
  • Introduction and referral (Action History): Introduced and referred to the Committee on Regulatory Affairs on June 23, 2026, with co-sponsorship from Senators Sylvia Santana (primary sponsor) and others.

Potential impact and considerations

  • The bill clarifies and broadens definitional scope around cemetery-related facilities and financial arrangements, potentially enabling closer regulation of ownership structures and funding for perpetual care.
  • It may affect transactions and governance of cemeteries and crematories by tightening who qualifies as an operator or affiliated person and by highlighting endowment/perpetual care and merchandise trusts.
  • The tie-bar nature means stakeholders should monitor SB 1061 and SB 1063 for full regulatory changes that would accompany these definitions.

If you’d like, I can break down how these definitions could influence specific scenarios (e.g., a family-owned cemetery vs. a corporate operator) or provide a comparison with current law to highlight anticipated changes.

Compiled from official sources — confirm details with the bill’s official record.

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