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SB 1069

Occupations: mortuary science; references to article 18 of the occupational code cemetery regulation act; revise. Amends sec. 18 of 1968 PA 251 (MCL 456.538). TIE BAR WITH: SB 1060'26

2025-2026 Regular Session Introduced by Kevin Hertel and 3 co-sponsors

The bill strengthens state oversight by giving the commissioner power to deny, suspend, or revoke cemetery permits and impose fines for misconduct, impacting operations and existin

REFERRED TO COMMITTEE ON REGULATORY AFFAIRS
#cemeteriesandfunerals:other #occupations:mortuaryscience
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Bill Summary · SB 1069

Bill Summary — Michigan SB 1069 (2025-2026)

Purpose and intent

  • SB 1069 seeks to amend Section 18 of the Cemetery Regulation Act (1968 PA 251) to tighten the regulatory framework governing cemeteries, cemetery owners/operators, and related activities.
  • The bill ties its enactment to SB 1060 of the 2025-2026 legislative session (a tie bar), meaning its full effect depends on SB 1060 becoming law.

Key provisions and changes

  • Section 18 empowers the state commissioner to take disciplinary actions against cemetery-related applicants, owners, operators, and affiliated individuals if certain conditions are met.

  • Grounds for disciplinary action (new or clarified criteria):

    • In establishing a cemetery, the commissioner can deny, suspend, or revoke permits/registrations, or reprimand/probation individuals, for:
    • Inappropriate physical plans.
    • Lack of community need.
    • Inadequate experience, financial stability, or integrity to protect public welfare.
    • For individuals and entities (owners, operators, officers, directors, affiliated persons, or general managers), actions that may trigger discipline include:
    • Making false statements of a material fact in an application.
    • Noncompliance with the act.
    • Guilt of unlawful or fraudulent acts in selling or handling cemetery lots, burial rights, or related merchandise/services.
    • Dishonest or unfair conduct or lack of good moral character (as determined by the commissioner).
    • Violations of Article 18 of the Occupational Code (the same chapter referenced in the bill’s title).
    • Violations of an assurance of discontinuance entered with the commissioner.
    • Violations of the prepaid funeral and cemetery sales act (1986 PA 255).
    • Violations of section 2080 of the Michigan Insurance Code.
    • Adoption/enforcement or attempted enforcement of cemetery rules that prohibit installing a grave memorial or burial vault unless purchased from the cemetery (with a caveat allowing consistent rules regarding quality, size, type, installation, and maintenance, and allowing outside vendors under comparable rules).
    • The bill clarifies that certain standardized rules can apply to both the cemetery and outside vendors, but prohibits blanket prohibitions on memorial/vault installation if not tied to purchase from the cemetery, subject to allowed provisions.

  • Consequences for denial/suspension/revocation:

    • If the commissioner denies or suspends/revokes a permit/registration, the cemetery operation is effectively halted for the sale or assignment of burial rights, entombment rights, or columbarium rights, as well as cemetery merchandise or services after the date of the action.
    • Existing contractual obligations and interments entered into before the action must still be fulfilled, including interments for prior burial rights holders.

  • Administrative fines:

    • The commissioner may impose an administrative fine of up to $5,000 for each separate violation of the act.

Affected parties

  • Cemetery owners and operators.
  • Officers, directors, members, affiliated persons, and general managers of cemetery entities.
  • Applicants for cemetery permits or registrations.
  • Individuals or entities involved in cemetery sales, burial rights, entombment rights, columbarium rights, and related cemetery merchandise and services.
  • Providers/vendors involved in cemetery memorials, vaults, and related installations (subject to the act and routine rules).

Procedural and timeline aspects

  • The bill references actions by the commissioner (denial, suspension, revocation, reprimand, probation, or fines) and the process by which such actions affect cemetery operations and contractual obligations.
  • Enactment timing is contingent on SB 1060 being enacted into law (the tie bar condition).
  • Action history shows introduction and referral to the Senate Regulatory Affairs Committee on June 23, 2026.

Practical impact

  • Strengthens state oversight of cemetery regulation and consumer protection for the purchasing public.
  • Increases potential penalties for noncompliance and misconduct.
  • Elevates scrutiny of cemetery planning, financial stability, and moral character of licensees.
  • Clarifies the balance between cemetery regulatory authority and existing contracts with burial rights holders, ensuring pre-existing obligations are honored post-action.

If you’d like, I can compare SB 1069’s provisions with the current Michigan Cemetery Regulation Act language or summarize how it interacts with SB 1060 once that bill’s text is available.

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

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