May 1, 2008, Introduced by Reps. Condino, Sak, Farrah, Virgil Smith, Shaffer, Wojno, Hammon, Knollenberg, Accavitti, Amos, Pavlov, Green, Meadows, Dean and Cushingberry and referred to the Committee on Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 180a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 180a. (1) Subject to subsection (2), a person shall not
violate, or conspire with 1 or more persons to violate, section 16,
16a, or 16b of the cemetery regulation act, 1968 PA 251, MCL
456.536, 456.536a, and 456.536b, or section 12 of the prepaid
funeral and cemetery sales act, 1986 PA 255, MCL 328.222. A person
who violates this subsection is guilty of a crime as follows:
(a) For a first violation, the person is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $10,000.00 or up to triple the amount of
the loss, theft, or embezzlement, whichever is larger, or both. The
court may also order restitution.
(b) For a second or subsequent violation, the person is guilty
of a felony punishable by imprisonment for not more than 10 years
or a fine of not more than $50,000.00 or up to triple the amount of
the loss, theft, or embezzlement, whichever is larger, or both. The
court may also order restitution.
(2) This section does not prohibit a person from being charged
and convicted of any other violation committed by that person
during the course of the violation of subsection (1).
(3) As used in this section:
(a) "Cemetery entity" means a corporation, limited liability
company, or other legal entity that owns, manages, or operates a
cemetery and includes an individual who owns, manages, or operates
a cemetery.
(b) "Controlling interest" means the capability to decide the
operating and financial policies of a cemetery entity or to select
the officers or directors with majority control of the cemetery
entity.
(c) "Person" means an individual, group of individuals, sole
proprietorship, partnership, limited liability company,
association, corporation, cemetery, cemetery entity, or any
combination of those legal entities. Person includes an individual
who is an officer, director, or member, engaged in a management
role, or who has a controlling interest in a cemetery or cemetery
entity.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6033(request no.
03313'07 **) of the 94th Legislature is enacted into law.