SENATE BILL No. 535
June 12, 2001, Introduced by Senator STILLE and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
A bill to amend 1927 PA 10, entitled
"An act to authorize cemetery corporations to sell or convey
property rights, franchises and liabilities to a municipal
corporation,"
by amending the title and sections 1, 2, 3, and 4 (MCL 456.181,
456.182, 456.183, and 456.184).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to authorize cemetery corporations, PARTNERSHIPS,
3 LIMITED LIABILITY COMPANIES, AND OTHER LEGAL ENTITIES to sell,
4 ASSIGN, or convey property rights, franchises, and liabilities to
5 a municipal corporation.
6 Sec. 1. (1) Any
corporation A LEGAL ENTITY
organized
7 under any law of this state for the purpose of establishing or
8 maintaining a cemetery
or
burying ground is hereby authorized
9 to MAY
sell, assign, transfer,
or convey to any municipal
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1 corporation ,
in which such
THE cemetery or burying ground
2 is located or to any municipal
corporation being within 10
3 miles of the municipal
corporation in which such THAT
cemetery
4 is located ,
all or any part
of its assets, rights, franchises,
5 and liabilities. upon such
THE
SALE, ASSIGNMENT, TRANSFER, OR
6 CONVEYANCE MAY ALSO BE AS A RESULT OF THE DISPOSITION OF THE CEM-
7 ETERY AND ITS ASSETS AND LIABILITIES UNDER A RECEIVERSHIP OR CON-
8 SERVATORSHIP ACTION UNDER SECTION 9 OF THE CEMETERY REGULATION
9 ACT, 1968 PA 251, MCL 456.529.
10 (2) THE SALE, ASSIGNMENT, TRANSFER, OR CONVEYANCE UNDER SUB-
11 SECTION (1) MAY BE
ACCORDING TO
terms as may be ARE ORDERED OR
12 mutually agreed upon,
whenever
UNDER EITHER OF THE FOLLOWING
13 CIRCUMSTANCES:
14 (A) THE OWNER, PARTNER, OR a majority of the owners, STOCK-
15 HOLDERS, PARTNERS, OR
MEMBERS of
the stock or scrip OTHER EVI-
16 DENCE OF OWNERSHIP OR
CONTROL
issued by said cemetery
17 corporation
THE LEGAL ENTITY
present and voting shall, at a
18 special meeting called for that
purpose. , decide to do so.
19 (B) PURSUANT TO AN ORDER OF A COURT OF COMPETENT JURISDIC-
20 TION AS DESCRIBED IN SUBSECTION (1).
21 (3) The term
"municipal
AS USED IN THIS ACT:
22 (A) "LEGAL ENTITY" MEANS A SOLE PROPRIETORSHIP, PARTNERSHIP,
23 CORPORATION, LIMITED LIABILITY COMPANY, OR ANY OTHER ENTITY.
24 (B) "MUNICIPAL corporation"
as used in this act shall be
25 construed to mean any
MEANS A
county, township, city, or
26 village.
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1 Sec. 2. (1) The
EXCEPT
AS OTHERWISE PROVIDED IN
2 SUBSECTION (2), THE
GOVERNING
board of directors or trustees of
3 said cemetery
corporation THE
LEGAL ENTITY, AS APPLICABLE, may
4 , at a
regular meeting
thereof, pass a resolution
containing
5 the substance of the contract of conveyance proposed to be
6 entered into between
said
corporation THE LEGAL ENTITY and
7 any A
municipal corporation ,
and calling a special meeting
8 of the OWNERS, PARTNERS,
MEMBERS, OR stockholders or scrip
9 holders for
the purpose of
authorizing such THAT transfer.
10 (2) A CEMETERY MAY BE TRANSFERRED TO A MUNICIPAL CORPORATION
11 IN WHICH THE CEMETERY IS LOCATED PURSUANT TO A COURT ORDER ISSUED
12 AS A RESULT OF A RECEIVERSHIP OR CONSERVATORSHIP ACTION CONDUCTED
13 UNDER SECTION 9 OF THE CEMETERY REGULATION ACT, 1968 PA 251, MCL
14 456.529, WITHOUT A RESOLUTION EXECUTED BY THE GOVERNING BOARD OF
15 THE LEGAL ENTITY UNDER SUBSECTION (1).
16 Sec. 3. (1) Notice
EXCEPT AS OTHERWISE PROVIDED FOR IN
17 SUBSECTION (2), NOTICE of
such
A meeting PURSUANT TO SECTION 2
18 shall be given by publication of a notice for 6 consecutive weeks
19 previous to the time of holding
such THE meeting in a newspaper
20 published and circulated in the
county wherein said corporation
21 IN WHICH THE LEGAL ENTITY has its principal office or place of
22 business. ; such
THE notice
shall state the time and place of
23 such THE
meeting, and the
ITS purpose, thereof, and the
24 substance of the PROPOSED
contract of conveyance. proposed
to be
25 entered into.
Proof of such
publication shall be filed with
26 the secretary of said
corporation at THE LEGAL ENTITY,
AS
27 APPLICABLE, ON or before
such
THE DATE OF meeting.
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1 (2) THIS SECTION DOES NOT APPLY IF THE SALE, ASSIGNMENT,
2 TRANSFER, OR CONVEYANCE IS THE RESULT OF THE DISPOSITION OF THE
3 CEMETERY AND ITS ASSETS AND LIABILITIES UNDER A RECEIVERSHIP OR
4 CONSERVATORSHIP UNDER SECTION 9 OF THE CEMETERY REGULATION ACT,
5 1968 PA 251, MCL 456.529.
6 Sec. 4. (1) None of
the
THE legal rights and privileges,
7 statutory or otherwise, of THE
OWNERS, stockholders, scrip hold-
8 ers and lot holders of
said
corporation, shall be PARTNERS, OR
9 MEMBERS ARE NOT affected by the contract or conveyance by which
10 said THE
cemetery property is
transferred to a municipal
11 corporation. , but said
THE
municipal corporation shall assume
12 and perform all liabilities, charges, and duties, statutory or
13 otherwise, imposed upon or
assumed by said THE MUNICIPAL
14 corporation, and
fully perform
all existing contracts or agree-
15 ments of said
THE cemetery,
corporation and shall carry out
16 and perform all provisions as to maintenance whether imposed upon
17 said corporation
THE LEGAL
ENTITY by statute or assumed by its
18 by-laws and any
BYLAWS OR
OTHER ORIGINATING DOCUMENTATION.
19 (2) ANY fund for maintenance as provided by statute or by
20 the by-laws
BYLAWS OR OTHER
ORIGINATING DOCUMENTATION of said
21 corporation
THE LEGAL ENTITY
shall be by it turned over to
22 said THE
municipal corporation
and shall be by said municipal
23 corporation
preserved, applied,
and used as shall have been by
24 REQUIRED UNDER statute or
by
said by-laws provided UNDER BYLAWS
25 OR OTHER ORIGINATING DOCUMENTS.
26 Enacting section 1. This amendatory act does not take
27 effect unless Senate Bill No. 534
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1 of the 91st Legislature is enacted into
2 law.
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