CEMETERY IN RECEIVERSHIP - H.B. 5172: COMMITTEE SUMMARY


sans-serif">House Bill 5172 (as passed by the House)

Sponsor: Representative John Stakoe

House Committee: Commerce

Senate Committee: Local, Urban and State Affairs


Date Completed: 12-10-03


CONTENT


The bill would amend the Cemetery Regulation Act to include a cemetery in receivership on July 26, 2002, in provisions that allow a receiver or conservator of a cemetery to convey the cemetery.


Under the Act, if a person or registrant has violated the Act, an action may be brought in circuit court to enforce compliance. The court may grant a permanent or temporary injunction or restraining order, and appoint a receiver or conservator. Public Act 550 of 2002 amended the Act to authorize a receiver or conservator to take possession of the assets and sell, assign, transfer, or convey a cemetery to a municipal corporation or other person, under conditions prescribed by the court, in order to discharge outstanding contractual obligations. (A cemetery may not be transferred to a mortuary science licensee or a person who owns, manages, supervises, operates, or maintains a funeral establishment.) Public Act 550 took effect on July 26, 2002.


MCL 456.529 - Legislative Analyst: George Towne


FISCAL IMPACT


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


 - Fiscal Analyst: Maria TyszkiewiczS0304\s5172sa

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.