Bill Text: MI HB4849 | 2017-2018 | 99th Legislature | Engrossed
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: (Passed) 2018-01-30 - Assigned Pa 8'18 With Immediate Effect [HB4849 Detail]
Download: Michigan-2017-HB4849-Engrossed.html
HB-4849, As Passed Senate, January 17, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4849
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, 2018.
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, 2018, 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, 2018, 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, 2018.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. 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.
