S.B. 647: FIRST ANALYSIS CEMETERY BOARDS

Senate Bill 647 (as passed by the Senate) Sponsor: Senator Dave Honigman Committee: Local, Urban and State Affairs

Date Completed: 7-25-96

RATIONALE

Public Act 87 of 1855 allows any five or more people to organize a corporation for the purpose of acquiring land for a cemetery, selling burial rights, and maintaining the cemetery. Persons who meet to incorporate a cemetery corporation may elect a board of trustees consisting of nine members with staggered terms of office for those first elected. At each annual meeting, three must be elected and hold office for three years until their successors are elected. If a corporation has trustees whose terms do not expire at the date of the next annual meeting, the board is to elect only the number of trustees that will increase the board to nine members. Some people feel that limiting board membership to nine persons is overly restrictive, and have suggested that the size of cemetery boards incorporated under the Act be allowed to expand.

up to three persons, thus allowing new membership and greater opportunity for people to serve.

Legislative Analyst: G. Towne

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Fiscal Analyst: M. Tyszkiewicz

CONTENT

The bill would amend Public Act 87 of 1855 to provide that the board of trustees of a cemetery corporation would consist of at least nine but not more than 12 members.

MCL 456.8

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

Currently, Public Act 87 of 1855 limits to nine members the board of a cemetery corporation. This number is arbitrary and artificially low, and prohibits the participation of persons who may want to become board members. The bill would allow cemetery board membership to increase by

A9596\S647A

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.