Bill Text: MI SB0493 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Cemeteries and funerals; other; money held by a county for care and preservation of cemetery lots; require to be presumed abandoned under certain circumstances. Amends secs. 2, 3, 5 & 6 of 1903 PA 81 (MCL 128.82 et seq.); adds secs. 1a, 9 & 10 & repeals sec. 4 of 1903 PA 81 (MCL 128.84).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-28 - Referred To Committee On Local Government [SB0493 Detail]

Download: Michigan-2017-SB0493-Introduced.html

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SENATE BILL No. 493

 

 

June 28, 2017, Introduced by Senator O'BRIEN and referred to the Committee on Local Government.

 

 

     A bill to amend 1903 PA 81, entitled

 

"An act to provide for the care and preservation of cemetery lots,"

 

by amending sections 2, 3, 5, and 6 (MCL 128.82, 128.83, 128.85,

 

and 128.86) and by adding sections 1a, 9, and 10; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1a. No money may be deposited with a county treasurer

 

under section 1 after June 30, 2017.

 

     Sec. 2. The A county in which any such money shall have been

 

so deposited shall have the first privilege of borrowing said

 

money, or any part of it, and afterward any person, firm or

 

corporation, in the discretion of the county treasurer, by paying

 

interest at the rate of not less than 3 per cent per annum. The

 

county treasurer may consolidate such funds for investment, with

 

the approval of the finance committee of the board of

 

supervisors.treasurer may invest money deposited with the county

 

under section 1 in the same manner as county money under 1943 PA

 

20, MCL 129.91 to 129.97a.

 

     Sec. 3. The Each year, a county treasurer loaning such money

 

shall pay the interest received by him on such loan to the sexton,

 

or whoever may be in charge shall transfer any earnings on

 

investments under section 2 to the cemetery owner or other operator

 

of the cemetery in which the lot or lots to be benefited are

 

located, upon his order stating the amount of labor performed on

 

the lot or lots properly described, said labor to be charged at a

 

reasonable compensation therefor, said order to be certified to by

 

the supervisor of the township or supervisor district in which said

 

cemetery may be located, as having been performed and that the same

 

is a reasonable compensation therefor.designated under section 1 is

 

located for the purpose of caring for the lot.

 

     Sec. 5. The A bond of the covering a county treasurer

 

prescribed in sections 2361 and 2362 of the Compiled Laws of 1915

 

shall as required by sections 35 and 36 of 1846 RS 14, MCL 48.35

 

and 48.36, must be for the faithful and proper discharge of duties

 

under this act, including the holding for all funds of money

 

deposited under this act. Such The bond shall must be increased

 

from time to time as said funds increase, at the discretion of the

 

board of supervisors.or decreased to reflect the amount of money

 

held by the county treasurer under this act, as determined by the

 

county board of commissioners.

     Sec. 6. Every county treasurer having such funds shall make an

 

annual report to the board of supervisors at its January session of

 

the total amount of money so deposited, how invested, and the

 

amount of interest received therefrom.If a county treasurer holds

 

money under this act, by January 31 of each year, the county

 

treasurer shall report to the county board of commissioners on

 

money deposited, invested, and paid under this act.

 

     Sec. 9. (1) After June 30, 2017, a county treasurer may

 

transfer money held for a lot under section 1 to any of the

 

following to be held, invested, and expended for the care of the

 

lot or the cemetery in which the lot is located:

 

     (a) The cemetery owner or operator of the cemetery in which

 

the lot is located.

 

     (b) An irrevocable endowment and perpetual care trust fund or

 

other trust fund under the cemetery regulation act, 1968 PA 251,

 

MCL 456.521 to 456.543, authorized to care for the lot or the

 

cemetery in which the lot is located.

 

     (c) A trust fund under 1909 PA 95, MCL 128.71 to 128.74,

 

authorized to care for the lot or the cemetery in which the lot is

 

located.

 

     (d) A perpetual care and maintenance fund under 1937 PA 215,

 

MCL 128.1 to 128.4, authorized to care for the lot or the cemetery

 

in which the lot is located.

 

     (e) An irrevocable endowment and perpetual care fund

 

established under section 4 of 1937 PA 215, MCL 128.4, authorized

 

to care for the lot or the cemetery in which the lot is located.

 

     (2) After June 30, 2017, if a county treasurer is unable to

identify the location of a cemetery or a cemetery lot for which

 

money was deposited under section 1, and the county treasurer

 

certifies as abandoned the legal interests or rights in money

 

deposited under section 1 or in the use of money deposited for the

 

purpose of caring for the cemetery lot under this act under

 

subsections (3) to (5), the county treasurer may transfer the money

 

deposited and any earnings from the investment of the money to the

 

county general fund.

 

     (3) A person or an estate possessing a legal interest or right

 

in money deposited under section 1 or in the use of money deposited

 

for the purpose of caring for a cemetery lot under this act, or

 

both, is presumed to have abandoned the legal interest or right if

 

1 or more of the following apply:

 

     (a) The cemetery described at the time money was deposited

 

under section 1 does not exist or cannot be located by the county

 

treasurer based on the information provided under section 1, or

 

both.

 

     (b) The lot described at the time money was deposited under

 

section 1 does not exist or cannot be located by the county

 

treasurer based on the description of the lot provided under

 

section 1, or both.

 

     (c) The description of the cemetery lot for which money was

 

deposited under section 1 was inaccurate and as a result the

 

cemetery lot cannot be located by the county treasurer.

 

     (d) The number of a cemetery lot for which money was deposited

 

under section 1 does not exist or the location of the cemetery lot

 

cannot be identified by the county treasurer based on the number

provided under section 1, or both.

 

     (e) Money was deposited under section 1 for the purpose of

 

caring for a cemetery lot in an unplatted cemetery containing the

 

remains of an individual whose name was designated under section 1

 

and the cemetery does not contain the remains of an individual with

 

the name provided under section 1 or the location of the remains of

 

the named individual cannot be located within the cemetery

 

identified, or both.

 

     (4) If a legal interest or right is presumed to be abandoned

 

under subsection (3), and the county treasurer seeks to certify the

 

legal interest or right as abandoned under subsection (5), the

 

county treasurer shall first satisfy all of the following

 

requirements:

 

     (a) The county treasurer shall publish a notice of intent to

 

certify as abandoned the legal interests or rights in money

 

deposited under section 1 or in the use of money deposited for the

 

purpose of caring for a cemetery lot under this act. The notice

 

under this subdivision must be published for 2 consecutive weeks in

 

a newspaper of general circulation in the county in which the money

 

was deposited, and, if the money was deposited for a cemetery lot

 

located in another county, in a newspaper of general circulation in

 

that county. A notice under this subdivision must include all of

 

the following:

 

     (i) The information relating to the cemetery lot provided to

 

the county treasurer at the time money was deposited.

 

     (ii) A statement indicating that the cemetery lot cannot be

 

located.

     (iii) Contact information for the office of the county

 

treasurer.

 

     (iv) A request that persons possessing a legal interest or

 

right described in this subdivision or possessing information

 

regarding the location of the cemetery lot contact the office of

 

the county treasurer.

 

     (v) A statement indicating that the money deposited with the

 

county treasurer will be transferred to the general fund of the

 

county if the cemetery lot cannot be located and the legal

 

interests and rights described in this subdivision are certified as

 

abandoned under this section.

 

     (b) The county treasurer shall post a copy of a notice

 

published under subdivision (a) on the internet website of the

 

county treasurer for at least 90 consecutive days.

 

     (c) If the county treasurer was able to identify the location

 

of a cemetery designated under section 1, the county treasurer

 

shall send a written notice by first-class mail to the owner or

 

operator of the cemetery notifying the cemetery owner or operator

 

of the legal interest or right presumed to be abandoned under

 

subsection (3), providing any information about the cemetery lot

 

provided to the county treasurer at the time money was deposited

 

with the county treasurer under section 1, and requesting that the

 

cemetery owner or operator notify the county treasurer within 90

 

days after receipt of the notice if the cemetery owner or operator

 

can identify the location of the cemetery lot. The cemetery owner

 

or operator shall attempt to identify the location of the cemetery

 

lot within the cemetery. If the cemetery owner or operator

identifies the location of the cemetery lot within the cemetery,

 

the cemetery owner or operator shall notify the county treasurer

 

within 90 days after the receipt of the notice under this

 

subdivision. If a county treasurer is notified of the location of a

 

cemetery lot under this subdivision, the county treasurer may not

 

certify a legal right or interest as abandoned under subsection

 

(5).

 

     (5) If 120 days have elapsed after the provision of notice

 

under subsection (4) and the county treasurer is still unable to

 

identify the location of the cemetery lot based on any information

 

provided in response to notice under subsection (4), the county

 

treasurer may certify as abandoned the legal interests and rights

 

in money deposited under section 1 or in the use of money deposited

 

for the purpose of caring for the cemetery lot under this act. The

 

county treasurer shall retain a record of the certification under

 

this subsection in the office of the county treasurer.

 

     Sec. 10. As used in this act, "cemetery", "cemetery owner",

 

and "operator" mean those terms as defined in section 2 of the

 

cemetery regulation act, 1968 PA 251, MCL 456.522.

 

     Enacting section 1. Section 4 of 1903 PA 81, MCL 128.84, is

 

repealed effective June 30, 2017.

 

     Enacting section 2. Section 9 of 1903 PA 81, as added by this

 

amendatory act, is intended by the legislature to advance the

 

significant and legitimate public purpose of ensuring the

 

availability and productive use of money deposited with a county

 

treasurer for the purpose of maintaining cemetery lots and

 

providing security in rights consistent with the health, safety,

and welfare of the people of this state.