HOUSE BILL No. 4593


     April 9, 1997, Introduced by Reps. Callahan, Griffin and Kaza and referred to the Committee on Commerce.


        A bill to amend 1954 PA 70, entitled

   "An act relative to agreements providing for the final disposi-
   tion of a dead human body; and to prescribe penalties for viola-
   tions of the provisions of this act,"

   by amending section 1 (MCL 328.201), as amended by 1982 PA 366.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1)  All payments  PAYMENTS made under an agreement

 2    providing for the final disposition of a dead human body, as con-

 3    sideration for the purchase of caskets or other personal proper-

 4    ty, excluding burial space in a cemetery, or services, excluding

 5    perpetual care of burial space in a cemetery, which are only to

 6    be delivered or performed after the death of the person for whose

 7    benefit the agreement is made, shall remain intact as a fund

 8    until the death of the person for whose benefit the agreement is

 9    made.




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 1         (2) A deposit made  pursuant to  UNDER this section shall be

 2    released upon demand of the person making the deposit unless an

 3    irrevocable agreement has been made under section 2.

 4         (3) The funds shall be deposited within 7 days after receipt

 5    with a  state or national bank, a state or federal savings and

 6     loan association, or a state or federally chartered credit

 7     union,  FINANCIAL INSTITUTION and shall be held in an account for

 8    the person for whose benefit the fund was established as a prear-

 9    ranged funeral plan account.  A certified copy of the certificate

10    of death or other evidence of death satisfactory to the

11     depository  FINANCIAL INSTITUTION shall be furnished to the

12     depository  FINANCIAL INSTITUTION as evidence of death, and the

13     depository  FINANCIAL INSTITUTION immediately shall pay the

14    funds and accumulated interest or dividends, if any, to the

15    person entitled to the funds under the agreement.

16         (4) The payment of the funds and accumulated interest or

17    dividends  pursuant to  UNDER this section shall relieve the

18     depository  FINANCIAL INSTITUTION of any further liability for

19    the funds,  or  interest, or dividends.

20         (5) AS USED IN THIS SECTION, "FINANCIAL INSTITUTION" MEANS A

21    STATE OR NATIONALLY CHARTERED BANK, SAVINGS AND LOAN ASSOCIATION,

22    SAVINGS BANK, OR CREDIT UNION WHOSE DEPOSITS ARE INSURED BY AN

23    AGENCY OF THE UNITED STATES GOVERNMENT AND WHICH MAINTAINS A

24    PRINCIPAL OFFICE OR BRANCH OFFICE LOCATED IN MICHIGAN UNDER THE

25    AUTHORITY OF THE LAWS OF MICHIGAN OR OF THE UNITED STATES.







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