HB-6039, As Passed House, December 3, 2008
May 1, 2008, Introduced by Reps. Bieda, Sak, Farrah, Virgil Smith, Shaffer, Wojno, Hammon, Accavitti, Amos, Pavlov, Knollenberg, Condino, Green, Meadows, Dean and Cushingberry and referred to the Committee on Regulatory Reform.
A bill to amend 1869 PA 12, entitled
"An act to authorize and encourage the formation of corporations to
establish rural cemeteries; to provide for the care and maintenance
thereof; to provide for the revision and codification of the laws
relating to cemeteries, mausoleums, crypts, vaults, crematoriums,
and other means of disposing of the dead; to make an appropriation
therefor; and to impose certain duties upon the department of
commerce,"
by amending section 1 (MCL 456.101).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) That any number of persons not Not less
than 10
persons, who shall by articles of agreement in
writing, may
associate
themselves according to the provisions of this act ,
under
any name assumed by them , for
the purpose of purchasing land
for
a cemetery in this state , and
for fencing, laying out,
improving,
maintaining, and establishing the same and who shall
comply
a cemetery. Upon compliance with sections 2 and 3, of this
act,
those persons shall, with their successors and assigns,
constitute
a body politic or corporate, under the name assumed by
them
in their articles of association, :
Provided, however, That
except that no 2 corporations shall assume the same name.
(2) A corporation formed for the purpose described in
subsection (1) may be formed under the business corporation act,
1972 PA 284, MCL 450.1101 to 450.2098, instead of under this act.
(3) The cemetery commissioner, as further described in the
cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543, has
authority to investigate a corporation formed under this act for
violations of this act regarding the trusting or escrowing of money
under this act for any purpose.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6033(request no.
03313'07 **) of the 94th Legislature is enacted into law.